For the purpose of this Article and any promulgation of organizational rules, policies and processes, the following definitions of terms shall apply:

(a) Animal assistance is defined as assistance given to human endeavors by dogs. It is a dog that has been individually trained to do work or perform tasks for the benefit of an individual. This is a broad term that covers therapy dogs, service dogs, and other type of animals, commonly used to describe the utilization of various species of animals in diverse manners beneficial to humans. Areas include, but are not limited to, search and rescue operations, improvement in cognitive functioning, emotional support,
assistance to visual impairment, and similar activities (see specific definitions):

(1) Animal-assisted activity (AAA) means an activity that involves a team consisting of a handler and therapy dog interacting with individuals in Guam; this is considered the lowest level of animal assisted intervention and usually consists of visitation type dogs;

(2) Animal-assistance community (AAC) means the local or regional entities capable of providing animal-assisted therapy, service dog actions or animal- assisted activities to individuals within Guam; the animal-assistance community is comprised of duly registered Guam based non-profit, private, and government organizations with a mission that supports animal assisted interventions;

(3) Animal-assisted therapy (AAT) means goal- directed intervention in which a team consisting of a therapist, as defined in Subsection (h), and a therapy animal, or a therapist handler and a therapy animal, is used as an integral part of the therapy process to aid individuals who have

(A) experienced mental, physical or emotional trauma;

(B) witnessed, or have been a victim of, an act of violence; or

(C) behavioral health care needs;

(4) Animal-assisted education (AAE) is a planned and structured intervention directed and/or delivered by educational and related service professional with specific academic or educational goals;

(5) Assistance animal trainee means an animal that is undergoing a course of development and training to do work or perform tasks for the benefit of

an individual that directly relate to the disability of the individual;

(6) Assistance animal trainer means an individual exercising care, custody and control over an assistance animal trainee during a course of training designed to develop the trainee into an assistance animal;

(7) Animal-assisted activity organization means any entity involved in training or incorporating dogs within the animal-assisted activity community; and

(8) Assistance dogs (or a similar term is therapy dog) are animals trained to assist professionals by improving the quality of their work. have the public access freedom afforded under the Americans with Disabilities Act.

(b) Disability has the meaning stated in the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12102 (ADA), as amended, to include, but not be limited to, the following:

(1) Blind means a visual acuity not exceeding
20/200 in the better eye with corrective lenses; or a visual field of which the widest diameter subtends an angle of not more than twenty (20) degrees;

(2) Deaf means a permanent hearing loss that necessitates the use of amplification devices to hear oral communication; or for which amplification devices are ineffective; and

(3) Mobility impaired means an inability to carry objects or to move or travel without the use of an assistive device or service animal.

(c) Companion dogs/pets means dogs/animals that are trained to be obedient and loyal pets. The presence of a dog for comfort, protection, or personal defense does not qualify a dog as being trained to mitigate an individual’s disability and therefore does not qualify the dog as a service dog

covered under the provisions of the ADA or as a therapy or a professional working dog.

(d) Place of public accommodation means a place of public accommodation as defined by the Americans with Disabilities Act as businesses, organizations and government agencies that serve the public, including any place or service offering to the public accommodations, advantages, facilities or privileges whether in the nature of goods, services, lodgings, amusements, transportation or otherwise.

(1) A place of public accommodation is any place that is open to the public and owned or maintained by a public body, regardless of whether the place is commercial in nature.

(2) The term does not include air carriers covered by the Air Carrier Access Act of 1986, 49 U.S.C. § 41705, and by regulations adopted by the United States
Department of Transportation to implement such act.

(e) (1) Prison Dog Program is a community service project and means a partnership between the Guam Department of Corrections with an animal assisted activity organization(s) to

(A) provide training to homeless dogs in order to improve the adoptability of the dog;

(B) take advantage of the social/psychological benefits of animal therapy for the inmate;

(C) aid in the reduction of stray dogs; and

(D) benefit the community.

(2) In relationship to a Guam Prison Dog Program the following definitions apply:

(A) Dog bite means oral contact by a dog that scratches or breaks the skin;

(B) Dog Trainer I is an inmate who has been properly screened and assigned to serve as the substitute or secondary handler and trainer for an assigned dog in a Prison Dog Training Program.

(C) Dog Trainer II is an inmate who has been properly screened and assigned to serve as the primary handler and trainer for an assigned dog through the Prison Dog Training Program.

(D) Facility Primary Program Coordinator is a Department of Corrections employee designated by the facility head to manage and coordinate all aspects of a Prison Dog Training Program at the facility level.

(E) Facility Secondary Program Coordinator is an employee who is designated to be responsible for managing and coordinating the program in the absence of the Primary Coordinator.

(F) Home furlough is a brief period of time when a volunteer is allowed to take a dog that is in a Prison Dog Training Program to their home or into the community for socialization or other supportive community training as may be required or needed as a part of the overall training program. Upon conclusion of the furlough, the dog is returned to the prison facility.

(G) Volunteer Inmate Trainer is an inmate who has requested and been approved to participate and provide services in a Prison Dog Training Program on a voluntary basis, and the inmate volunteer meets all of the program participation criteria for his or her services; and

(H) Volunteer Trainer is a professional trainer recommended by the animal assisted activity organization and approved by the facility who volunteers their time to teach the Dog Trainer I and Dog Trainer II appropriate methods andtechniques of training dogs. All volunteers must adhere to the Department of Corrections Community Volunteer Program policy.

(f) Service dogs, for the purpose of this Article and in accordance with the Americans with Disabilities Act (ADA), as amended by the September 15, 2010
Regulations, is any dog that is individually trained to do work or perform tasks for the benefit of an individual with a
disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

(1) The work done or tasks performed must be directly related to the individual’s disability and may include, but are not limited to,

(A) guiding an individual who is visually impaired or blind,

(B) alerting an individual who is deaf or hard of hearing,

(C) pulling a wheelchair,

(D) assisting with mobility or balance,

(E) alerting and protecting an individual who is having a seizure,

(F) retrieving objects,

(G) alerting an individual to the presence of allergens,

(H) providing physical support and assistance with balance and stability to an individual with a mobility disability,

(I) helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors,

(J) reminding an individual with mental illness to take prescribed medications,

(K) calming an individual with post- traumatic stress disorder (PTSD) during an anxiety attack, or

(L) doing other specific work or performing other special tasks.

(2) The crime-deterrent effect of an animal’s presence and the provision of emotional support, well- being, comfort, or companionship do not constitute work or tasks for purposes of this definition.

(3) For the purposes of this Article, a service dog is not generally a pet, although some are also treated as a pet.

(4) Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition, consistent with 28
C.F.R., Part 35, § 35.104 and Chapter I, Part 36, Subpart A, § 36.104 (2010 Title II ADA Regulation).

(5) Service dogs are permitted, in accordance with the ADA, to accompany a person with a disability almost anywhere the general public is allowed. This includes restaurants, businesses, and on airplanes. Types of service dogs include:

(A) Guide Dog guides a person who is blind or visually impaired;

(B) Hearing Dog alerts a person who is deaf or hearing impaired to sounds such as door bells, smoke alarms, and alarm clocks;

(C) Medical Alert Dog is a dog that notifies a person of a change in body chemistry that may indicate a health concern, such as low or high blood sugar for a person with diabetes, or that a seizure is imminent for a person with epilepsy;

(D) Mobility Dog assists a person in performing tasks such as opening doors, picking up objects, and pulling wheelchairs; and provides
stability to a person with the aid of a special harness; and

(E) Psychiatric Service Dog assists a person with a psychiatric disorder such as anxiety or PTSD. It is an important distinction of a psychiatric service dog that it performs a specific task to assist a person, as is the case with all service dogs. Some examples are:

(i) if a person suffers from PTSD and is prone to nightmares, their service dog is trained to wake them from their nightmares;

(ii) if a person suffers from PTSD and is not comfortable venturing alone into public places, their service dog is trained to move in and stand as a barrier between them and anyone who approaches;

(iii) if a person occasionally does something unconsciously that physically harms themselves, such as pulling or picking at something, their service dog is trained to alert them to their actions.

In each of these examples if the dog was not trained to perform the task described, and it was simply its calming presence that kept the person from having nightmares, helped them feel comfortable venturing into public places, or kept them from harming themselves, it would not qualify as a service dog for the purposes of this Article.

(g) Professional Working Dog (PWD) is a dog trained to do useful work.

(1) For purposes of this Article, Professional Working Dogs are segregated into a separate category from Therapy Dogs and Service Dogs. However, in the animal assisted intervention community they are often included in certain categories.
(2) PWDs are dogs that receive training to perform tasks in a variety of areas of human endeavor. Unlike Service Dogs they do not enjoy access afforded by the Americans with Disabilities Act, but they do have public access when performing their trained task. For instance, a bomb-sniffing dog has public access in airports or in instances when searching for bombs.

(3) PWDs also tend not to have a therapeutic one- to-one relationship with humans such as that with Therapy Dogs.

(4) PWDs are distinguishable from service dogs and therapy dogs. Some examples of Professional Working Dogs are:

(A) Search and Rescue Dog is trained to locate lost or missing persons, victims of natural or man-made disasters, and human bodies;

(B) Tracking Dog is trained to track and find a missing person, escaped inmate, or fleeing felon;

(C) Narcotic Detection Dog is trained to locate narcotics by scent;

(D) Patrol Dog is trained to protect a peace officer and to apprehend a person;

(E) Accelerant Detection Dog is trained for accelerant detection, commonly referred to as arson canines;

(F) Bomb Detection Dog is trained to locate bombs or explosives by scent;

(G) Cadaver Dog is trained to find human remains;

(H) Herding Dog is trained to control other animals such as sheep; and

(I) Actor Dog is trained to perform in the
arts.
(h) Therapist means any licensed

(1) physician who specializes in psychiatry; (2) psychologist or professional counselor; (3) marital and family therapist;
(4) clinical social worker or master social worker; (5) occupational therapist; or
(6) other mental health professional.

(i) (1) Therapy Dog means any dog trained to provide comfort to individuals who have

(A) experienced mental, physical or emotional trauma;

(B) witnessed, or has been a victim of, an act of violence; or

(C) behavioral health care needs.

(2) A therapy dog has no special rights of access, except in those facilities where they are welcomed.

(A) They may not enter businesses with a “”no pet”” policy or accompany their handler in the cabin of an airplane regardless of their therapy dog designation.

(B) Some examples of therapy dogs include:

(i) Courthouse Companion Dog is trained and used to facilitate testimony in minors or mentally disabled within a court room setting. Outside the courtroom, Courthouse Companion Dogs do not have a public access clearance;

(ii) Emotional Support Dog is trained and prescribed by a therapist to
provide therapeutic support to a person with a mental illness by a licensed mental health professional for a person with a mental illness.

a) The prescription must state that the individual has an impairment that substantially limits one (1) or more major life activities, and that the presence of the dog is necessary for the individual’s mental health.

b) Pursuant to the ADA, individuals with emotional support dogs do not have the same rights to public access as individuals with a service dog.

c) Emotional support dogs may only accompany their owners in public areas with the express permission of each individual venue and/or facility management.

d) Emotional support dogs may travel with their owner on an airplane and may live with their owner in locations covered by the Fair Housing Act (FHA) regardless of a “”no pet”” policy;

(iii) Reading Dog is trained to facilitate reading skill improvement in children;

(iv) Hospital Dog is trained to bring emotional comfort to persons within the hospital or clinical setting;

(v) Facility Dog is trained and prescribed by a therapist to live on-site as a resident therapy dog and can be
found at nursing homes, residential facilities, group homes, or at many businesses.

a) If a Therapy Dog is a “”familiar face”” at a business, that qualifies as a Facility Dog.

b) Facility dogs do not have public access outside the office or building where they work.

2017 NOTE: Subsection/subitem designations added/altered pursuant to authority of 1 Guam Code Ann. § 1606.