Support animals are part of your mental health journey

Emotional Support Animals in Arkansas

A healthcare provider can only provide documentation for an individual’s need for an emotional support dog under certain conditions.

These include holding a valid, active professional license, establishing a client-provider relationship with the individual for at least 30 days prior (with exceptions for homeless individuals), and conducting an annual clinical evaluation of the individual's need for an emotional support dog.

  • We would like to inform you about a new law in Arkansas that directly impacts Emotional Support Animals (ESAs), especially for those of you who might be considering seeking one. The law, HOUSE BILL 1420, enacted by the 94th General Assembly, outlines new regulations concerning Emotional Support Animals and dogs, including stipulations for healthcare providers.

    Here are the key takeaways:

    Definition of Emotional Support Animals and Dogs: The law defines an emotional support animal as an animal that provides emotional, cognitive, or similar support to an individual with a disability. It is important to note that emotional support animals and dogs do not require any specific training or certification.

    Buyer/Recipient Notification: Any person or business selling or providing a dog for use as an emotional support animal or dog, or any item associated with an emotional support animal (like a certificate, tag, vest, leash, or harness), must provide the buyer with a written notice. This notice must clarify that the animal or dog does not have the rights and privileges of a service animal and that misrepresentation can lead to penalties.

    Healthcare Provider Requirements: A healthcare provider can only provide documentation for an individual’s need for an emotional support dog under certain conditions. These include holding a valid, active professional license, establishing a client-provider relationship with the individual for at least 30 days prior (with exceptions for homeless individuals), and conducting an annual clinical evaluation of the individual's need for an emotional support dog.

    Violations and Penalties: Any misrepresentation or violation of the above-mentioned guidelines can lead to civil penalties ranging from $500 for the first violation, up to $2,500 for the third and subsequent violations.

    It’s important to note that this law doesn’t change or restrict any existing federal or state law related to a person’s rights for reasonable accommodation and equal access to housing.

  • The information provided on our website, including this communication, is for general informational purposes only. It is not intended to provide, and should not be relied on for, legal advice. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability for actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.

    You should not act or refrain from acting on the basis of any content included in this communication without seeking legal or other professional advice from an attorney licensed in your state. The content of this communication may not reflect the most current legal developments, verdicts or settlements. Prior results do not guarantee a similar outcome.

    Please consult with a licensed attorney if you require legal advice.

We can help.

ESA Housing Letter — $150

The Process

Step 1 - Review the common questions

Review the common questions below and let us know if you have any other questions before moving on.

Step 2 - Complete the form

Complete the ESA intake form. It will ask for some basic information that we need to get you and your assistance animal into our system.

Step 3 - Meet with a provider

We will schedule you to meet with a provider virtually. This is a free initial meeting to discuss your ESA needs.

Common Questions

  • Emotional Support animals are part of your therapy. They are animals that our mental health professionals deem helpful or medically necessary to aid your condition.

    A pet is an animal you get because you want the animal. You become emotionally attached, but they're not part of a recommended therapy for you. An ESA is something you need to support your condition. The same laws do not cover a pet as an ESA. When it comes to housing, for example, you can't live with a pet in a rented apartment or house that does not allow them.

  • Yes, emotional support animals can go on an airplane in the United States, but there have been some changes to the rules around this in recent years.

    Previously, airlines were required to allow emotional support animals to fly with their owners in the cabin without charge, under the Air Carrier Access Act (ACAA). However, in December 2020, the Department of Transportation (DOT) issued new regulations that allow airlines to treat emotional support animals as pets, rather than service animals, and to require additional documentation and fees for their transportation.

    Under the new regulations, which went into effect on January 11, 2021, airlines may still allow emotional support animals on board, but only if they meet specific criteria. The owner must provide documentation that the animal is trained to behave properly in public settings, and that the animal's presence is necessary for the owner's mental health or disability-related needs. We will be able to provide a letter for emotional need, but we will not be able to verify the animal’s training or behavior.

    Additionally, the airline may require that the animal be kept in a carrier or on a leash during the flight, and may charge a fee for transporting the animal.

    In short, emotional support animals may still be allowed on airplanes, but the rules have become more stringent and airlines are no longer required to allow them in the cabin free of charge. It's important to check with your airline before you travel to find out their specific rules and requirements for emotional support animals.

  • ESAs are considered assistance animals, not service animals.

    Service animals are highly trained to perform specific tasks, whereas an ESA is often not. For example, a service dog will get help when its owner has a panic attack. A seeing-eye dog guides someone with visual impairments. There are many service animals, but remember that a service dog and an emotional support animal differ.

  • There are federal laws protecting emotional support animals in the United States. They are concerned with housing and air travel.

    Housing:

    The Fair Housing Act (FHA) is regulated by the Department of Housing and Urban Development. According to this act, ESAs and their owners can live together in rented housing.

    Your landlord must accept your ESA and provide reasonable accommodation for them. This is done at no extra charge to the tenant, meaning you don't have to pay a pet fee or any pet deposits. If your housing provider evicts you and your ESA, seek legal counsel, as that infringes on your rights protected by this act.

    Air Travel:

    At this time, we cannot say if you will be able to board a flight with your ESA. Regulations vary by each airline. We recommend that you contact an airline before traveling to check your requirements.

    You may also inquire about getting a Psychiatric Service Dog (PSD). These dogs are highly trained at performing tasks for the owner and are often recognized more widely by airlines.

    The information on this page is not legal advice. You should consult a lawyer for accurate information.

  • Our providers evaluate each client before writing an ESA letter. You should be able to obtain you letter within 30 DAYS of your FIRST APPOINTMENT. This timeline is in compliance with Arkansas State Law.

    It is a requirement in some states to form a client-provider relationship before a letter can be supplied. In the case of emergencies, such as homelessness, we can work within state guidelines to expedite this process.

  • Our providers are trusted by our clients to provide the best care and recommendations. We ensure that our ESA letters and recommendations are backed by evidence-based decisions and are the best choice for our clients.

    This includes meeting with clients before a letter can be issued.

  • Yes. ESA letters do expire 1 year or 365 days from the issue date.

    We will want to reevaluate patients every year to confirm their condition has not worsened and to stay in compliance with Arkansas State Laws.

  • Yes, it is an easy process to renew.