Section Cor 305.22 - Visitors With Service Animals(a) A visitor who is otherwise allowed to visit, and who has a disability, and is using a service animal to perform work or tasks related to the visitor's disability shall be allowed to bring the service animal while on the visit. Access shall be granted provided performance of the work or tasks might be needed traveling to and from the visit or during the visit.(b) "Service animal" means an animal that has been individually trained to do work or perform tasks for an individual with a disability. The work or task(s) performed by the animal shall be directly related to the person's disability. Examples of such work or tasks shall include, but are not limited to, assisting a person who is totally or partially blind with navigation. Other examples shall include, but not be limited to, alerting a person who is deaf or hard of hearing to the presence of people or sounds, pulling a wheelchair, assisting a person during a seizure, and providing physical support and assistance with balance and stability to a person with a mobility disability.(c) An animal whose primary purpose is to deter crime or to provide emotional support, comfort, well-being or companionship shall not qualify as a service animal for purposes of this rule.(d) In determining whether an animal is a service animal, facility staff may ask the visitor if the animal is required because of the visitor's disability and what work or task the animal is trained to perform, unless this information is readily apparent, such as a guide animal leading a person whose sight is impaired. Staff shall not demand proof or documentation of the visitor's disability or certification that the service animal is trained, although the visitor may provide these voluntarily.(e) On the first occasion, when a visitor brings a service animal to a visit, prior to allowing the service animal to be admitted to the visit, staff shall require the visitor to sign the "Acknowledgement for Visitors with Service Animals Form", pursuant to Cor 305.23.(f) Completion of this form shall acknowledge that the visitor is liable for all injuries or property damage caused by the service animal while on facility property.(g) The signed form shall be maintained in the electronic data storage area (EDSA) system and an entry shall be made in the resident's electronic client record (ECR) noting that the visitor is authorized to bring a service animal to visits.(h) If the visitor refuses to sign the form, unless there is another reason to not allow the visit, the visitor shall be given the opportunity to visit without the animal, provided that the animal is removed from facility property.(i) A service animal shall be excluded from entering or removed from the facility if the animal:(1) Is out of control and the visitor does not take effective action to control it;(2) Is aggressive toward or interferes with staff, other visitors, residents, other persons, or other animals;(3) Is not housebroken; or(4) Its behavior otherwise presents a risk of injury or property damage.(j) A service animal shall also be excluded from entering the facility based on a past incident of behavior at the facility or another facility that presented a risk of injury or property damage.(k) A determination to remove or exclude a service animal shall be made on an individualized basis and not on assumptions about the animal's behavior or propensities based on its breed or size.(l) If an animal is excluded before a visit begins, either because it is not a service animal or because of its behavior, unless there is another reason to not allow the visit, the visitor shall be given the opportunity to visit without the animal, provided that the animal is removed from facility property.(m) If a service animal is removed during a visit, the visitor shall be required to leave with the service animal and shall not be authorized to return to complete the visit.(n) Neither a service animal nor any animal claimed to be a service animal shall be permitted to be left unattended in a vehicle on facility property under any circumstances.(o) If an animal is excluded or removed from a facility, it shall not be allowed in the facility again unless the visitor requests in writing to the warden, director or designee, for the animal to be allowed. An entry shall be made in the ECR noting that the animal is not allowed unless the warden, director or designee, grants a request to allow the animal.(p) If the visitor claims that it was wrongly determined that an animal is not a service animal, the warden, director, or designee shall consult with the department's representative in the attorney general's office prior to making a decision on the request.(q) A service animal authorized entry into a facility during a visit, shall be on a leash, harness, or tether at all times while on facility property, unless this would interfere with the tasks it performs, in which case it shall be under voice control of the visitor.(r) Facility staff shall not provide care for a visitor's service animal. The visitor shall not bring in food, water, or medication for the service animal. The service animal shall not transport carrying bags or other containers or other property unless necessary to the work or task it performs for the visitor.(s) A service animal on its leash, harness, tether, vest, or other items shall be required to pass all security searches applicable to visitors. A visitor with a service animal may be separated briefly from the service animal to allow for a search by a local, state police, or NHDOC canine unit.N.H. Admin. Code § Cor 305.22
Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13154, Effective 1/5/2021, Expires 1/5/2031.