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Missouri Service Dog Laws

Missouri Service Dog Laws

No Comments January 2, 2016

Definitions

Under Chapter 209, equal access law:

As used in sections 209.150 to 209.190, the term “service dog” means any dog specifically trained to assist a person with a physical or mental disability by performing necessary tasks or doing work which the person cannot perform. Such tasks shall include, but not be limited to, pulling a wheelchair, retrieving items, carrying supplies, and search and rescue of an individual with a disability.

A. M. S. 209.150

Under harm to service dogs provision:

“Service dog”, a dog that is being or has been specially trained to do work or perform tasks which benefit a particular person with a disability.

Service dog includes, but are not limited to:

“Guide dog”, a dog that is being or has been specially trained to assist a particular blind or visually impaired person;

“Hearing dog”, a dog that is being or has been specially trained to assist a particular deaf or hearing-impaired person;

“Medical alert or respond dog”, a dog that is being or has been trained to alert a person with a disability that a particular medical event is about to occur or to respond to a medical event that has occurred;

“Mobility dog”, a dog that is being or has been specially trained to assist a person with a disability caused by physical impairments.

(e) “Professional therapy dog”, a dog which is selected, trained, and tested to provide specific physical therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team as a part of the handler’s occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community-based group settings, or when providing services to specific persons who have disabilities. Professional therapy dogs do not include dogs, certified or not, which are used by volunteers in visitation therapy;

(f) “Search and rescue dog”, a dog that is being or has been trained to search for or prevent a person with a mental disability, including but not limited to verbal and nonverbal autism, from becoming lost;

(3) “Service dog team”, a team consisting of a trained service dog, a disabled person or child, and a person who is an adult and who has been trained to handle the service dog.

A. M. S. 209.200

Accommodation Law

Every person with a visual, aural or other disability including diabetes shall have the right to be accompanied by a guide dog, hearing dog, or service dog, which is especially trained for the purpose, in any of the places listed in subsection 2 of this section without being required to pay an extra charge for the guide dog, hearing dog or service dog; provided that such person shall be liable for any damage done to the premises or facilities by such dog.

A. M. S. 209.150

Any trainer, from a recognized training center, of a guide dog, hearing assistance dog or service dog, or any member of a service dog team, shall have the right to be accompanied by such dog in or upon any of the premises listed in section 209.150 while engaged in the training of the dog without being required to pay an extra charge for such dog.

A. M. S. 209.152

Violation is a class B misdemeanor.

A. M. S. 209.160

It is an unlawful employment practice for any employer to discriminate against any person with a visual, aural or physical disability by interfering, directly or indirectly, with the use of an aid or appliance, including a guide dog, hearing dog or service dog by such person. Any person aggrieved by a violation of this section may make a verified complaint to the Missouri commission on human rights pursuant to the provisions of section 213.075, RSMo.

A. M. S. 209.162

A. M. S. 209.162

Harassment of/Interference with Service Dogs

Any person whoknowingly, intentionally, or recklessly causes substantial physical injury to or the death of a service dog is guilty of a class A misdemeanor.

Any person whoknowingly or intentionallyfails to exercise sufficient control over an animal such person owns, keeps, harbors, or exercises control over to prevent the animal from causing the substantial physical injury to or death of a service dog, or the subsequent inability to function as a service dog as a result of the animal’s attacking, chasing, or harassing the service dog is guilty of a class A misdemeanor.

Any person who harasses or chases a dog known to such person to be a service dog is guilty of a class B misdemeanor.

Any person who owns, keeps, harbors, or exercises control over an animal and who knowingly or intentionally fails to exercise sufficient control over the animal to prevent such animal from chasing or harassing a service dog while such dog is carrying out the dog’s function as a service dog, to the extent that the animal temporarily interferes with the service dog’s ability to carry out the dog’s function is guilty of a class B misdemeanor.

Can also recover civil damages.

A. M. S. 209.202

Driving Law

The driver of a vehicle approaching a person using a guide dog, hearing dog or service dog shall yield to such pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian and any injury caused to the pedestrian’s guide dog, hearing dog or service dog.

A. M. S. 304.080

Fraudulent Representation

Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation. Any second or subsequent violation of this section is a class B misdemeanor.

A. M. S. 209.204

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