eters3to interpret for the Patient that is free to the Patient.Ask the Patient whether VRI is meeting the Patient’s communication needs and record the Patient’s response.If a Patient cannot communicate effectively using VRI, use all reasonable efforts to locate an on-site qualified interpreter or other auxiliary aid or service that will provide timely, effective communication.Inform the Patient of the status of the reasonable efforts being used to locate an on-site qualified interpreter or other auxiliary aid or service that will provide effective communication.Document the concern and the steps taken to locate an on-site qualified interpreter or other auxiliary aid or service that will provide effective communication.For more information on the Agreement, click here.1 This includes any companion to the patient as well. “Companion” means a family member, friend, or associate of a patient who, along with the patient, is an appropriate person with whom the provider should communication. 28 C.F.R. § 35.104(a)(2).2 “VRI” means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images. 28 C.F.R. § 35.104.3“Qualified Interpreter” means an interpreter who, via a VRI services or an onsite appearance, adheres to generally accepted interpreter ethics principles, including client confidentiality; and is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators. 28 C.F.R. § 35.104.

Traveling by Air with Service Animals, 85 Fed. Reg. 79742 (Dec. 10, 2020) (to be codified at 14 C.F.R. pt. 382). 28 C.F.R. §§ 35.104, 36.104. For a detailed discussion of the December 2020 DOT final rule, please see our December 10, 2020 Animal Law Update (https://animallaw.foxrothschild.com/2020/12/10/emotional-support-animals-are-considered-pets-not-service-animals-by-us-department-of-transportation/).Del Amo, 992 F.3d at 910-13.Id. at 911.Id. at 912.

Airlines that have historically banned pit bull type dogs will have to lift the ban if the dog otherwise meets the requirements for trained service animals.The DOT rule does not give specific examples of tasks to be performed, but the Americans with Disabilities Act at 28 CFR § 35.104 provides guidance, listing the tasks of service animals as: assisting with navigation, alerting to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting during seizures or with psychiatric and neurological disabilities, retrieving items such as medicine or the telephone, and providing physical support and assistance with balance and stability, among others.Training of the dog does not require the cost of training by third party schools or organizations. In fact, the service animal users are free to train their own dogs to perform the needed tasks or functions if they are able.

Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability . . . 28 CFR § 35.104, 28 CFR § 36.104 Definitions.The Department’s prior regulation recognized two types of service animals.

Under Title III of the ADA, the term “service animal” is limited to a dog or miniature horse individually trained to perform tasks which assist a person with a disability. 28 C.F.R. § 35.104 and 28 C.F.R. § 35.136.