INDIANAPOLIS — Pet owners passing off their pooches as trained assistants when they’re out in public may find new limits aimed at reducing fraud.

Sen. Jean Leising, R-Oldenburg, wants clearer lines between working dogs trained to aid the disabled and pets whose clinging owners are slipping through loopholes in federal disability law.

Complaints about unruly animals in airports, hospitals and other public places – including a minister threatened with a lawsuit when a church member was asked to remove a growling dog – prompted Leising’s bill.

“If we don’t do something, people who do have legitimate service dogs are going to suffer,” said Leising, who filed the legislation this week. “There will be more questioning of their dogs.” 

Leising’s bill stops short of restrictions implemented by at least a dozen other states including Florida, Colorado, and California.

They make it crime to claim an unqualified pet as a service animal as defined by the federal Americans with Disabilities Act. The law mandates facilities open to the public allow a person with a disability to be accompanied by a dog trained to assist with tasks.

Leising’s bill, at this point, only requires proof that an animal brought into a public setting is physically healthy. But she described it as a “beginning” of legislation that may be expanded or modified as experts weigh in.

“It’s not intended in any way to stop the legitimate use of service dogs,” she said. “It’s intended to stop people from passing off their pets as service animals, and to protect the public’s safety.”

But drawing limits is a challenge, according to experts in disability law. The federal law, with trumps state laws, is designed to err on the side of access for the disabled, sometimes creating confusion and opening the door to fraud.

“It’s a major problem,” said Sally Irvin, interim acting director of Assistance Dogs International and founder of the non-profit Indiana Canine Assistance Network, which certifies service dogs.

Irvin says the overall goal of the federal law is good, having “allowed so many people with disabilities to lead independent lives with dignity.”

But loopholes lead to problems.

The federal law defines service animals to include only dogs and miniature horses that are trained to perform specific tasks for disabled people, such as assisting with opening a door or crossing a street.

But Irvin said the law is murky when it comes to public health and safety.

A business owner or manager of a public facility is only allowed to ask two questions of a person with a service dog: “Is the dog required because of a disability?” and “What work or task has the dog been trained to do?”

The person with the animal only has to answer the questions, not provide proof. Further questioning violates the law, can bring a penalty of $55,000 and opens the door for a lawsuit.

Only if a claimed service animal is out of control – or urinating or defecating — can a facility manager ask that it be removed.

“You can understand why someone would be hesitant to challenge someone who claimed to a service dog,” Irvin said.

Adding to the problem is the growing use of “emotional support animals,” also accommodated by federal law. Airlines, for example, must transport service dogs and emotional support animals at no cost.

But federal law doesn’t set credentialing standards, and that’s led to an online industry of entities claiming they can “certify” an animal for a small fee, Irvin said.

Irvin has offered to help Leising work on the legislation, with the goal of curbing fraud and protecting the public.

But she predicts it may meet fierce resistance from non-disabled dog owners who see their pets as essential, constant companions.

“I wonder if something really bad is going to have to happen before regulations are put into place?” she said.

Maureen Hayden covers the Indiana Statehouse for the CNHI newspapers and websites. Reach her at mhayden@cnhi.com. Follow her on Twitter @MaureenHayden