Diabetes Alert Dogs
A diabetes alert dog is a dog trained to recognize changes in blood sugar and alert the person it works with. Under federal law, a dog individually trained to do that work is a service animal. These protections apply nationwide.
Service animals and the ADA
The U.S. Department of Justice defines a service animal as a dog individually trained to do work or perform tasks directly related to a person's disability. The Department's Frequently Asked Questions about Service Animals and the ADA give this example: a person with diabetes may have a dog trained to alert when blood sugar reaches high or low levels.
Service animals are working animals, not pets. A dog whose only role is comfort or emotional support is not a service animal under the Americans with Disabilities Act (ADA). The dog is not required to be certified, professionally trained, or identified by a vest.
State and local governments, businesses, and nonprofits that serve the public generally must allow a service animal in all areas where the public is allowed, including restaurants, shops, hospitals, schools, and hotels, even if there is a "no pets" policy. The animal may be kept out if its presence would fundamentally alter the program or service, such as a sterile operating room or burn unit.
When it is not obvious what work the dog performs, staff may ask only two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff may not ask about the person's disability, require medical or training documents or a special ID, or ask the dog to demonstrate its task.
The dog must be under the handler's control. A business or government facility may ask that the animal be removed if it is out of control and the handler does not get it under control, or if it is not housebroken. The person must still be served without the dog. Allergies or fear of dogs are not valid reasons to deny access. A business may not charge a pet fee or deposit, but it may charge for damage if it would charge others for the same kind of damage.
The Department of Justice also publishes an overview of service animals and ADA Requirements: Service Animals.
Housing
The ADA does not cover most private housing. The Fair Housing Act, administered by the U.S. Department of Housing and Urban Development (HUD), requires housing providers to make reasonable accommodations when needed for a person with a disability to use and enjoy a home. That can include allowing a trained service animal, such as a diabetes alert dog, even if the building has a "no pets" policy. See HUD's Information for Persons with Disabilities.
Air travel
The ADA does not apply to commercial airlines. The Air Carrier Access Act, administered by the U.S. Department of Transportation (DOT), protects people with disabilities in air travel. Under that law, a service animal is a dog, regardless of breed, individually trained to do work or perform tasks for a person with a disability. Airlines must generally allow a service dog in the cabin on flights to, from, and within the United States. Emotional support animals and species other than dogs are not covered. Airlines may require DOT forms about the dog's health, behavior, and training, and an additional form for flights of eight hours or more. Transport may be denied if the dog cannot be accommodated in the cabin, poses a safety threat, causes a significant disruption, is barred by health or entry rules, or if required forms are not provided. See DOT's service animals page.
At work
Title I of the ADA covers employment. The U.S. Equal Employment Opportunity Commission (EEOC) administers the ADA in employment settings. Unlike places open to the public, an employer is not automatically required to allow a service animal at work. An employee or applicant may request to use a diabetes alert dog as a reasonable accommodation. Covered employers must provide a reasonable accommodation unless it would cause an undue hardship. See the EEOC's Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA.
State attorney general information
Some state attorneys general publish their own information about service animal protections. State law may add protections, but it cannot take away rights that federal law already provides. The links below go to official attorney general materials that specifically address service animals. They are listed alphabetically by state.
Arizona: Civil Rights Guide: Service, Support, and Assistance Animals (Arizona Attorney General / Arizona Civil Rights Advisory Board)
California: Legal Rights of Persons with Disabilities: Service Animals (California Department of Justice, Office of the Attorney General)
Illinois: Service Animals: A Guide for Individuals with Disabilities and Illinois Businesses (Illinois Attorney General Disability Rights Bureau). The office also publishes Assistance Animals: A Guide for Individuals with Disabilities and Illinois Housing Providers.
New Jersey: 5 Things You Should Know About Service and Guide Dogs in Public Facilities (New Jersey Office of the Attorney General, Division on Civil Rights)
New York: Service Animals (New York State Office of the Attorney General, Civil Rights Bureau)
Ohio: Animal Assistants (Ohio Attorney General Civil Rights Reporter, August 2019)
Pennsylvania: Access and Accommodations for People with Disabilities (Pennsylvania Office of Attorney General; see the section on service and support animals)
Washington: Service Animals Rights and Responsibilities (Washington State Attorney General, Wing Luke Civil Rights Unit)