Service Animals

New Mexico recognizes only dogs and miniature horses as service animals.

The 2013 New Mexico State Legislature passed a bill (SB320) that updates the Service Animal Act. Sponsored by Senator Nancy Rodriguez, Santa Fe, the "Service Animal Act" aligns New Mexico's statute with the 2011 updates to the Americans with Disabilities Act (ADA). The updates prescribe that only dogs (and miniature horses under 100 pounds) qualify as Service Animals. Dogs or miniature horses qualify if they are trained to perform task(s) directly related to an individual's disability, such as guiding people who are blind, pulling a wheelchair, or alerting someone of a seizure.

Service animals must be allowed to accompany the handler to any place in a building or facility where members of the public, program participants, customers, or clients are allowed. Even if a business or public program has a "no pets" policy, may not deny entry to a person with a service animal. Service animals are not pets. It may be appropriate to exclude a service animal from operating rooms or burn units where the animal's presence may compromise a sterile environment.

An entity may deny access to a service animal whose behavior is unacceptable or in situations in which the person with a disability is not in control of the animal. Uncontrolled barking, sniffing food at a restaurant table, jumping on other people, or running away from the handler are examples of unacceptable behavior for a service animal.

A Service Animal does not include pets, emotional support animals, comfort animals or therapy animals, which do not perform task(s) related to an individual's disability.

The revised "Service Animal Act" also prohibits a person from misrepresenting an animal as a Service Animal and provides penalties, including a fine and/or jail time. The law became effective June 14, 2013. For additional information, call the Governor's Commission on Disability at 505-476-0412.

Pocket Card on the Service Animal ActBrochure Inserts

Service Animals in Public Places

Service Animal Tip Sheet

Service Animal Emergency Preparedness Tips

Pocket Card on the Service Animal Act

Links

Service Animals and Emotional Support Animals

Frequently Asked Questions about Service Animals and the ADA

Videos

We Welcome Service Animals

Disclaimer: Please note when watching the following video that New Mexico statute has changed; New Mexico recognizes only dogs and miniature horses as service animals.

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