Full Statute Name:  Consolidated Assistance Animal/Guide Dog Laws

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Primary Citation:  I.C. 3-11-9-5; 9-21-17-21; 16-32-3-1 - 5; 22-9-6-5; 22-9-5-9.5; 22-9-5-20; 22-9-7-1 - 15; 35-31.5-2-295; 35-46-3-11.5 Country of Origin:  United States Last Checked:  August, 2018 Alternate Citation:  I
Summary:

These statutes comprise Indiana's assistance animal/guide dog laws.

West's Annotated Indiana Code. Title 3. Elections. Article 11. Voting Methods, Supplies, and Equipment. Chapter 9. Assistance to Certain Voters

3-11-9-5 Service animals

Title 9. Motor Vehicles. Article 21. Traffic Regulation. Chapter 17. Pedestrians.

9-21-17-21 Blind pedestrians; yield of right-of-way

Title 16. Health. Article 32. Persons with Disabilities. Chapter 3. Rights of Blind and Other Physically Disabled Persons.

16-32-3-1 Public policy

16-32-3-1.5 “Service animal” defined

16-32-3-2 Public accommodations; service animal

16-32-3-3 Offenses; failure to take precautions to avoid injury to blind pedestrian; unauthorized carrying of cane

16-32-3-4 White Cane Safety Day

16-32-3-5 Public employment; terms and conditions

Title 22. Labor and Safety. Article 9. Civil Rights.

Chapter 5. Employment Discrimination Against Disabled Persons

22-9-5-9.5 “Service animal” defined

22-9-5-20 Medical examinations and inquiries; permissibility and scope; disclosures; use of results; interference with use of service animal

Chapter 6. Equal Access to Housing for Persons with Disabilities.

22-9-6-5 Guide dogs not grounds for refusing to rent

Chapter 7. Emotional Support Animals in Housing

22-9-7-1 Exception

22-9-7-2 "Dwelling” defined

22-9-7-3 “Family” defined

22-9-7-4 “Health service provider” defined

22-9-7-5 “Individual with a disability” defined

22-9-7-6 “Emotional support animal” defined

22-9-7-7 “To rent” defined

22-9-7-8 Individuals authorized to use emotional support animals; prescription; training

22-9-7-9 Written verification of disability

22-9-7-10 Individuals who move from another state; exclusion

22-9-7-11 Request for reasonable accommodation

22-9-7-12 False statements or misconduct relating to verification of disability; penalties

22-9-7-13 Fees prohibited

22-9-7-14 Powers of persons offering to rent or make dwelling available

22-9-7-15 Immunity from liability for injury

Title 34. Civil Law and Procedure. Article 30. Immunity from Civil Liability. Chapter 2. Statutes Outside IC 34 that Confer Immunity

34-30-2-87.7 Use of emotional support animal as reasonable accommodation

Title 35. Criminal Law and Procedure.

Article 31.5. Definitions. Chapter 2. Definitions

35-31.5-2-295 “Service animal”

Article 46. Miscellaneous Offenses. Chapter 3. Offenses Relating to Animals

35-46-3-11.5 Interference with or mistreatment of service animal; defenses

 

Title 3. Elections. Article 11. Voting Methods, Supplies, and Equipment. Chapter 9. Assistance to Certain Voters

3-11-9-5 Service animals

Sec. 5. (a) As used in this section, “service animal” has the meaning set forth in IC 35-46-3-11.5.

(b) A voter who requires the assistance of a service animal is entitled to bring the animal into the polls and the voting booth.

CREDIT(S)

As added by P.L.66-2003, SEC.41.


Title 9. Motor Vehicles. Article 21. Traffic Regulation. Chapter 17. Pedestrians.

9-21-17-21 Blind pedestrians; yield of right-of-way

Sec. 21. A person who drives a vehicle shall yield the right-of-way to a blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.

CREDIT(S)

As added by P.L.2-1991, SEC.9.

 

Title 16. Health. Article 32. Persons with Disabilities. Chapter 3. Rights of Blind and Other Physically Disabled Persons.

16-32-3-1 Public policy

Sec. 1. It is the policy of this state to encourage and enable individuals who are blind, individuals with a visual disability, and other individuals with a physical or mental disability to participate fully in the social and economic life of the state and to engage in remunerative employment.

CREDIT(S)

As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.65, eff. May 6, 1993; P.L.99-2007, SEC.155, eff. May 2, 2007; P.L.155-2009, SEC.1.


16-32-3-1.5 “Service animal” defined

Sec. 1.5. As used in this chapter, “service animal” refers to an animal trained as:

(1) a hearing animal;

(2) a guide animal;

(3) an assistance animal;

(4) a seizure alert animal;

(5) a mobility animal;

(6) a psychiatric service animal; or

(7) an autism service animal.

CREDIT(S)

As added by P.L.155-2009, SEC.2.
 

16-32-3-2 Public accommodations; service animals

(a) As used in this section, “public accommodation” means an establishment that caters or offers services, facilities, or goods to the general public.

(b) A person who:

(1) is totally or partially blind;

(2) is deaf or hard of hearing; or

(3) has a physical or mental disability;

is entitled to be accompanied by a service animal, especially trained for the purpose, in any public accommodation without being required to pay an extra charge for the service animal. However, the person is liable for any damage done to the accommodation by the service animal.

(c) A person who:

(1) refuses access to a public accommodation; or

(2) charges a fee for access to a public accommodation;

to a person who is totally or partially blind, who is deaf or hard of hearing, or who has a physical or mental disability, because that person is accompanied by a service animal commits a Class C infraction.

(d) A service animal trainer, while engaged in the training process of a service animal, is entitled to access to any public accommodation granted by this section.

Credits
As added by P.L.2-1993, SEC.15. Amended by P.L.99-2007, SEC.156, eff. May 2, 2007; P.L.155-2009, SEC.3; P.L.109-2012, SEC.12; P.L.233-2015, SEC.27, eff. July 1, 2015.

 

16-32-3-3 Offenses; failure to take precautions to avoid injury to blind pedestrian; unauthorized carrying of cane

Sec. 3.

(a) A person not totally blind who:

(1) approaches a totally or partially blind pedestrian carrying a cane predominantly white or metallic in color, with or without a red tip, or using a service animal; and

(2) fails to take all necessary precautions to avoid injury to the blind pedestrian;

commits a Class C infraction.

(b) A person not totally or partially blind who carries, in a public place, a cane or walking stick that is white and tipped with red commits a Class C infraction.

CREDIT(S)

As added by P.L.2-1993, SEC.15. Amended by P.L.155-2009, SEC.4.

 

16-32-3-4 White Cane Safety Day

Sec. 4. Each year the governor shall take suitable public notice of October 15 as “White Cane Safety Day”. The governor shall issue a proclamation in which the governor does the following:

(1) Comments upon the significance of the white cane.

(2) Calls upon the citizens of Indiana to observe the provisions of the white cane law and to take precautions necessary to the safety of individuals with a disability.

(3) Reminds the citizens of Indiana of the policies with respect to individuals with a disability and urges the citizens to cooperate in giving effect to the policies.

(4) Emphasizes the need of the citizens to do the following:

(A) Be aware of the presence of individuals with a disability in the community.

(B) Keep safe and functional for individuals with a disability the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement, and resort, and other places to which the public is invited.

(C) Offer assistance to individuals with a disability upon appropriate occasions.

CREDIT(S)

As added by P.L.2-1993, SEC.15. Amended by P.L.99-2007, SEC.157, eff. May 2, 2007.

 

16-32-3-5 Public employment; terms and conditions

Sec. 5. It is the policy of this state that individuals who are blind, individuals with a visual disability, and other individuals with a physical or mental disability shall be employed in:

(1) the state service;

(2) the service of the political subdivisions of the state;

(3) the public schools; and

(4) all other employment supported in whole or in part by public funds;

on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.

CREDIT(S)

As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.66; P.L.99-2007, SEC.158, eff. May 2, 2007; P.L.155-2009, SEC.5.

 

Title 22. Labor and Safety. Article 9. Civil Rights.

Chapter 5. Employment Discrimination Against Disabled Persons   

22-9-5-9.5 “Service animal” defined

Sec. 9.5. As used in this chapter, “service animal” refers to an animal trained as:

(1) a hearing animal;

(2) a guide animal;

(3) an assistance animal;

(4) a seizure alert animal;

(5) a mobility animal;

(6) a psychiatric service animal; or

(7) an autism service animal.

CREDIT(S)

As added by P.L.155-2009, SEC.6.

 

22-9-5-20 Medical examinations and inquiries; permissibility and scope; disclosures; use of results; interference with use of service animal

Sec. 20. (a) The prohibition against discrimination in section 19 of this chapter includes medical examinations and inquiries. Except as otherwise provided by this section, a covered entity may not conduct a medical examination or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of a disability.

(b) A covered entity may make preemployment inquiries into the ability of an applicant to perform job related functions.

(c) A covered entity may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant and may condition an offer of employment on the results of that examination if:

(1) all entering employees are subjected to the examination regardless of disability;

(2) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that:

(A) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;

(B) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and

(C) government officials investigating compliance with this chapter shall be provided relevant information on request; and

(3) the results of the examination are used only in accordance with this chapter.

(d) A covered entity may not require a medical examination and may not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job related and consistent with business necessity.

(e) A covered entity may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job related functions. Information obtained under this subsection is subject to the requirements of subsection (c)(2) and (c)(3).

(f) A covered entity may not interfere, directly or indirectly, with the use of an animal that has been or is being specially trained as a service animal.

(g) A covered entity may not refuse to permit an employee with a disability to keep a service animal with the employee at all times in the place of employment.

CREDIT(S)

As added by P.L.111-1992, SEC.4. Amended by P.L.155-2009, SEC.7.

 

 

Title 22. Labor and Safety. Article 9. Civil Rights. Chapter 6. Equal Access to Housing for Persons with Disabilities.

22-9-6-5 Guide dogs not grounds for refusing to rent

Sec. 5. A person renting, leasing, or providing real property for compensation shall not refuse to accept a person with a disability as a tenant due to the fact that the person with a disability has a guide dog that assists the person with a disability in overcoming a particular disability.

CREDIT(S)

As added by P.L.2-1993, SEC.132. Amended by P.L.23-1993, SEC.138.

 

Title 22. Labor and Safety. Article 9. Civil Rights.Chapter 7. Emotional Support Animals in Housing

22-9-7-1 Exception

Sec. 1. This chapter does not apply to a dwelling that is exempt under IC 22-9.5-3 from the requirements of IC 22-9.5.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-2 “Dwelling” defined

Sec. 2. As used in this chapter, “dwelling” means:

(1) any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families; or

(2) any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described in subdivision (1).

The term includes a recreational vehicle (as defined in IC 9-13-2-150).

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-3 “Family” defined

Sec. 3. As used in this chapter, “family” has the meaning set forth in IC 22-9.5-2-9.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-4 “Health service provider” defined

Sec. 4. As used in this chapter, “health service provider” refers to:

(1) a psychiatrist or physician who is licensed under IC 25-22.5;

(2) a psychologist who is licensed under IC 25-33;

(3) an individual who holds a license under IC 25-23.6; or

(4) an advanced practice nurse (as defined in IC 25-23-1-1) licensed under IC 25-23;

who provides medical services or treatment to an individual. This definition excludes an individual described in subdivision (1), (2), (3), or (4) whose sole service to the individual is to provide a verification letter for a fee.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-5 “Individual with a disability” defined

Sec. 5. As used in this chapter, “individual with a disability” means an individual:

(1) with a physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual; or

(2) who:

(A) has a record of; or

(B) is regarded as;

having an impairment described in subdivision (1).

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-6 “Emotional support animal” defined

Sec. 6. As used in this chapter, “emotional support animal” means a companion animal that a health service provider has determined provides a benefit for an individual with a disability, which may include improving at least one (1) symptom of the disability.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-7 “To rent” defined

Sec. 7. As used in this chapter, “to rent” has the meaning set forth in IC 22-9.5-2-13.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-8 Individuals authorized to use emotional support animals; prescription; training

Sec. 8. (a) Emotional support animals may be used by individuals with a range of physical, psychiatric, or intellectual disabilities.

(b) To be prescribed an emotional support animal, the individual seeking an emotional support animal must have a verifiable disability. An animal does not need specific training to become an emotional support animal.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-9 Written verification of disability

Sec. 9. A person who offers to rent or otherwise make available a dwelling to an individual with a disability that is not readily apparent who seeks a reasonable accommodation for an emotional support animal in a dwelling may require that the individual provide written verification from a health service provider that:

(1) the individual is an individual with a disability;

(2) there is a disability related need for the emotional support animal to assist the individual; and

(3) the emotional support animal assists the individual in managing the individual's disability.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-10 Individuals who move from another state; exclusion

Sec. 10. (a) Except as provided in subsection (b), an individual who moves from another state may provide documentation from:

(1) a physician;

(2) a psychiatrist;

(3) a social worker; or

(4) another other mental health professional;

licensed in that state, so long as the individual has an ongoing treatment relationship with the health service provider.

(b) This section excludes a health service provider whose sole service to the individual is to provide a verification letter in exchange for a fee.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-11 Request for reasonable accommodation

Sec. 11. If an individual described in section 9 of this chapter submits a request for a reasonable accommodation, a person who offers to rent or otherwise make available a dwelling may evaluate any documents submitted with the request for a reasonable accommodation to verify the individual's disability related need for an emotional support animal.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-12 False statements or misconduct relating to verification of disability; penalties

Sec. 12. This section applies to an individual described in section 9 of this chapter who has a disability that is not readily apparent, and the health service provider that verifies the individual's disability status and need for an emotional support animal. An individual who submits a request to maintain an emotional support animal in a dwelling, or a health service provider who verifies the individual's need for an emotional support animal, and:

(1) misrepresents to a person who offers to rent or otherwise make available a dwelling that the individual is an individual with a disability or has a disability related need that requires the use of an emotional support animal in a dwelling;

(2) makes a materially false statement to the individual's health service provider to obtain documentation to substantiate the individual's need for an emotional support animal in a dwelling;

(3) provides a document to a person who offers to rent or otherwise make available a dwelling that misrepresents that the animal is an emotional support animal;

(4) fits an animal that is not an emotional support animal with a harness, collar, vest, or sign that would cause a reasonable person to believe the animal is an emotional support animal; or

(5) in the case of a health service provider:

(A) verifies an individual's disability status and need for an emotional support animal without adequate professional knowledge of the individual's condition to provide a reliable verification; or

(B) charges a fee for providing a written verification for an individual's disability status and need for an emotional support animal, and provides no other service to the individual;

commits a Class A infraction.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-13 Fees prohibited

Sec. 13. A person who offers to rent or otherwise make available a dwelling may not require an individual with a disability to pay a fee to maintain an emotional support animal in the dwelling.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-14 Powers of persons offering to rent or make dwelling available

Sec. 14. This chapter does not prohibit a person who offers to rent or otherwise make available a dwelling from requiring an individual with a disability who uses an emotional support animal from:

(1) complying with the terms of the rental agreement and other rules or regulations applicable to the dwelling on the same terms as other residents;

(2) paying for the cost of repairs that result from any damages to the dwelling that are caused by an emotional support animal in the same manner as a resident who maintains an animal that is not an emotional support animal in the dwelling; or

(3) signing an addendum or other agreement that sets forth the responsibilities of the owner of the emotional support animal.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

22-9-7-15 Immunity from liability for injury

Sec. 15. Subject to any other federal, state, or local law, a person who offers to rent or otherwise make available a dwelling and permits an individual with a disability the use of an emotional support animal on the premises of a dwelling as a reasonable accommodation under:

(1) the federal Fair Housing Act (42 U.S.C. 3601 et seq.) and any amendments and regulations thereto;

(2) Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794) and any amendments and regulations thereto;

(3) the federal Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations thereto; or

(4) any other applicable state or local law;

is not liable for an injury to another individual caused by an individual's emotional support animal.

Credits

As added by P.L.162-2018, SEC.1, eff. July 1, 2018.

 

Title 34. Civil Law and Procedure. Article 30. Immunity from Civil Liability. Chapter 2. Statutes Outside IC 34 that Confer Immunity

34-30-2-87.7 Use of emotional support animal as reasonable accommodation

Sec. 87.7. IC 22-9-7-15 (Concerning a person who offers to rent or otherwise make available a dwelling to an individual with a disability who uses an emotional support animal as a reasonable accommodation).

Credits

As added by P.L.162-2018, SEC.2, eff. July 1, 2018.

 

Title 35. Criminal Law and Procedure. Article 31.5. Definitions. Chapter 2. Definitions
35-31.5-2-295 “Service animal”

Sec. 295. “Service animal”, for purposes of IC 35-46-3-11.5, has the meaning set forth in IC 35-46-3-11.5(a).

Credits As added by P.L.114-2012, SEC.67.

 

Title 35. Criminal Law and Procedure. Article 46. Miscellaneous Offenses. Chapter 3. Offenses Relating to Animals

35-46-3-11.5 Interference with or mistreatment of service animal; defenses 

Sec. 11.5.

(a) As used in this section, “service animal” means an animal that a person who is impaired by:

(1) blindness or any other visual impairment;

(2) deafness or any other aural impairment;

(3) a physical disability; or

(4) a medical condition; relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person's medical condition.

(b) A person who knowingly or intentionally:

(1) interferes with the actions of a service animal; or

(2) strikes, torments, injures, or otherwise mistreats a service animal; while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A misdemeanor.

(c) An offense under subsection (b)(2) is a Level 6 felony if the act results in the:

(1) serious permanent disfigurement;

(2) unconsciousness;

(3) permanent or protracted loss or impairment of the function of a bodily member or organ; or

(4) death; of the service animal.

(d) It is a defense that the accused person:

(1) engaged in a reasonable act of training, handling, or disciplining the service animal; or

(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.

Credits As added by P.L.143-1996, SEC.2. Amended by P.L.9-2003, SEC.4; P.L.158-2013, SEC.565, eff. July 1, 2014.

 

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