Legal Regulation for Providing Welfare Measures for Therapy Dogs Involved in Canine Therapy in Latvia
Article Category: Research Article
Data publikacji: 31 paź 2023
Zakres stron: 58 - 66
DOI: https://doi.org/10.25143/socr.26.2023.2.58-66
Słowa kluczowe
© 2023 Marika Lotko, published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
The relevance of the defined topic – legal regulation for providing welfare measures for therapy dogs – is determined by the analysis of scientific literature and research of the results of previous studies, as well as the challenges identified in canine therapy within the framework of the author's empirical research. The present article aims to provide a unique interpretation of therapy dog welfare aspects based on scientific literature, regulatory acts and therapy dogs’ daily experiences in provision of a welfare. The scientific literature widely describes the benefits obtained by humans from interaction with animals of various species, with a gradual increase in the number of studies focussing on animal welfare issues. The demand for canine therapy in Latvia has increased with the implementation of the deinstitutionalisation process, which highlights the need to pay attention to the welfare requirements of animals integrated into canine therapy. Although certification requirements for a therapy dog are precisely defined, welfare requirements are set at a minimal level in the regulatory acts, and there is no listing of particular welfare features, such as the amount of work to be performed during a specified period of time, mandatory rest breaks, relaxation measures after work, etc.
In the framework of the study, 15 semi-structured interviews were conducted with canine therapy providers about the welfare measures implemented for therapy dogs involved in canine therapy. The purpose of the study was to analyse the implemented welfare measures for therapy dogs, based on scientific literature and regulatory acts. The obtained data were analysed in the context of the existing regulatory framework in order to identify shortcomings and formulate necessary improvements in the definition of the regulatory acts.
The article will discuss human–animal research as a direction of scientific research in order to highlight the focus of scientific discourse on the use of animals for different purposes, in this case the involvement of an animal in canine therapy. Also, studies on interaction between humans and animals are described; parties involved in canine therapy are identified; and a theoretical concept of animal welfare is given, supplemented with the description of the regulatory enactment; additionally, the results of the semi-structured interviews, which have been analysed in the context of theoretical concepts and regulatory acts, are described as well, defining conclusions and proposals for overcoming the identified shortcomings in the existing regulatory framework.
In Latvia, similar to other European countries, dogs and cats as pets play an important role in everyday household life and are referred to as people's friends, and often also as family members. Values and traditions regarding pet-keeping are reflected in the regulatory framework, where the requirements for keeping animals are determined and the human–animal relationship is regulated, defining what is and what is not acceptable treatment of a pet.
According to the Animal Protection Law, a domestic animal (pet) is an animal that a person keeps for their own pleasure. Paragraph 3 stipulates that animals are divided into wild and captive-bred animals, where domestic animals (pets) are included as captive-bred animals that are used for an appropriate purpose.
According to Agricultural Data Centre on 16.04.2021, 171,002 domestic animals (pets) were registered in Latvia, including 161,711 dogs, 9,175 cats and 133 ferrets. There is also a certain number of pets that are not registered, and there may be various reasons for that: the registration fee, regulatory acts do not stipulate mandatory registration of a species, the individual does not see the reason to do it, etc. Considering these circumstances, it may be concluded that the number of domestic animals (pets) in Latvian households is higher than the number of registered animals.
When studying human–animal interaction in the context of involvement of therapy dogs in various activities, emphasis is placed on research that seeks to learn the benefits of human interaction with the dog. However, welfare aspects of dog therapists have also received attention.
An article published in 1991 raised the issue of ethical aspects of using animals in various therapy programs (Iannuzzi & Rowan, 1991). The internationally recognised organisation
Another study investigated handlers’ understanding of the welfare of therapy dogs by interviewing 111 respondents/handlers in France. The authors identified four factors that affect the welfare of a therapy dog: (1) interaction with beneficiaries, which was identified as the biggest stress factor (43.68%); (2) space-time framework, as the second most important cause of stress (28.89%), for example, duration and frequency of sessions, size of the room and number of people; (3) the responsibility of the dog's handler, who both affects the dog's well-being (19.54%) and is responsible for it; and (4) characteristics of the dog. The dogs’ characteristics were not analysed in detail in this study, because the researchers did not have enough information about the dogs’ characteristics and their emotional state and skills as risk factors for their well-being (Mignot et. al., 2022).
One of the research topics debated in the scientific world is whether animals involved in animal-assisted therapy are harmed. Researchers discuss whether animal welfare is ensured, what indicators should be included in animal welfare, how to interpret it and how to promote the well-being of the animals involved. Demonstrating the benefits of human interaction with animals also highlights the need to study the welfare of the animal involved in the therapy.
In the Animal Protection Law, p. 3, the following division of animals is distinguished: wild and captive-bred animals. Animals bred in captivity are divided into: livestock; domestic animals (pets); sports, working and entertainment animals; experimental animals; animals kept in zoos; and wild animals kept in a registered wildlife keeping facility (Animal Protection Law). This division reflects the social constructionist ideas of HAS that different animals are given different uses.
A therapy dog involved in canine therapy service has a dual role: it is both a pet and a working animal. A sports and working animal has acquired specific skills and performs a human-determined activity (Animal Protection Law). Subsequently, based on this dual role of a therapy dog, considering that they are domestic animals (pets), regulations of the Cabinet of Ministers No. 266 ‘Welfare requirements of domestic (pet) animal keeping, marketing and demonstration at public exhibitions, as well as dog training’ and Cabinet Regulation No. 959 ‘Welfare requirements for the keeping and training of sports, working and exhibition animals and use thereof in competitions, work or exhibitions’ would apply, because a therapy dog has been trained and performs human-defined activities.
In Cabinet Regulation No. 959, dogs trained and used in therapy of persons suffering from functional or mental disorders are referred to as dog therapists.
According to the Cabinet regulation No. 959 p. 9, Agricultural Data Centre registers domestic animals (pets) in the database (p. 9.1) and includes information about therapy dogs trained and used in therapy of people suffering from functional or mental disorders (p. 9.1.1). Also, Agricultural Data Centre prepares and issues a certificate to the owner or keeper of the dog within 3 working days after registering the dog therapist in the database (9.6) (Cabinet regulation No. 959). This certificate is used by the dog's owner as a proof of the dog's status when providing canine therapy service.
According to the data provided by Agricultural Data Centre upon individual request, on 08.07.2022, 87 therapy dogs were registered in Latvia, of which 16 were excluded from the register. Subsequently, it can be concluded that on 08.07.2022, there were 71 dogs registered in Latvia that have been granted therapy dog status.
The Animal Protection and Welfare Advisory Council is a consultative body that educates the public and provides recommendations to state administrative institutions and municipalities in the field of animal protection and welfare. The Council analyses and evaluates the situation of animal protection and welfare in Latvia (p. 2.1); promotes informing and educating the public about animal protection and welfare (p. 2.2); and promotes cross-sectoral cooperation and information exchange in the field of animal protection and welfare (p. 2.3) (Regulations of the Animal Protection and Welfare Advisory Council).
The Animal Protection Law distinguishes the following categories of animals: livestock, domestic animals (pets), sports, working and entertainment animals, experimental animals, animals in shelters and hotels, and wild animals kept in fenced areas, the husbandry and welfare requirements of which are regulated by the Cabinet of Ministers regulations. In Latvia, the concept of welfare is laid down in the Animal Protection Law, where welfare is defined as a set of measures to ensure the physiological and ethological needs of an animal. Cabinet Regulation No. 959 lists the obligations of the animal owner in animal husbandry, which include complete nutrition (p. 13.1); freely available water (p. 13.2); species-appropriate freedom of movement or walks at least once a day (p. 13.3); training conditions that correspond most effectively to the acquisition and maintenance of the necessary skills without harming the health of the animal (p. 13.4); and complete rest (p. 13.5). Only horses are singled out as a species, ensuring that working horses must be provided with 2 hr of rest after every 6 hr of work (p. 13.5). It is also stipulated that the room in which the animal is kept shall comply with the size and physiological requirements of the animal. The room shall be protected against adverse weather conditions, such as snow, draught, vibration, noise and the presence of unauthorised persons (p. 14). The animal owner or keeper shall ensure veterinary examination of the animal at least once a year (p. 18). Also, the animal can be used in competitions, work or entertainment if it has not suffered an injury and is not ill (p. 29).
One of the reasons why the Cabinet Regulation No. 266 is also applicable and relevant to dog therapists is that dog owners often choose to participate in public exhibitions with dogs who have received the dog therapist status. Consequently, the dog's activities include not only the work it does as a dog therapist but also participation in exhibitions.
In addition to the regulations mentioned above, the owner or keeper of the animal must also comply with the Cabinet Regulation No. 266, which stipulates that if a dog is kept indoors, the owner or keeper of the animal shall ensure complete nutrition of the dog at least once a day (p. 16.1); always freely available fresh water for the dog (p. 16.2); for dogs older than 3 months – a walk of at least 30 min, not less than twice a day; and the interval between two walks shall not be less than 10 hr (p. 16.3). The requirements for dog training are also stipulated: when training a dog, it is forbidden to use physical force or devices that can cause pain or distress to the dog (p. 48). In p. 49, on the other hand, it is stated that sports, entertainment and working dogs shall be trained in accordance with the regulatory enactments on the welfare requirements for keeping, training and using sports, working and entertainment animals for competition, work or entertainment. Cabinet Regulation No. 959 stipulates that the owner or keeper of an animal may keep, train and use the animal in competitions, work or attractions if feeding, watering and necessary care of the animal are ensured (p. 4.1); the animal is provided with adequate exposure to the conditions under which training can be imparted to it, as well as conditions favourable for maintenance of the acquired skills (4.2); and the behaviour of the animal is under control and, if necessary, the owner or keeper of the animal is able to stop it from attacking a person or other animal (p. 4.3). When training an animal, compliance of the training load with the animal's adaptation abilities shall be observed (22.1.); methods of physical influence that cause fear and create conditions that can harm the animal's mental and physical health shall not be used (22.2); appropriate training conditions and training that gradually develops the necessary skills and ensures their preservation throughout the animal's working life shall be provided (22.3); and after the end of the training course, the animal's owner or keeper shall be able to control the animal's behaviour (22.4).
In order to identify welfare requirements for keeping animals, the prohibitions related to keeping animals referred to in p. 4 of the Animal Protection Law may also be considered: it is prohibited to leave an animal without care and in a state of helplessness; it is prohibited to disregard animal husbandry regulations, welfare requirements and transport regulations, which may potentially endanger the health of the animal or may cause death thereof; etc. Subsequently, in p. 5(2), the responsibilities of the animal owner are stipulated.
The dog therapist, the owner of the animal or an authorised person who ‘uses’ the dog therapist (the keeper of the animal in accordance with the regulations) and the client or a natural person who receives canine therapy service are involved in provision of canine therapy service.
According to the Animal Protection Law, the owner of an animal is the legal or natural person who owns the animal, while the keeper of an animal is the person who physically has the animal in his possession and care.
Accordingly, to enable the performance of the assigned task within the framework of canine therapy, the Latvian statutory provisions assign each of the parties involved, including the animal owner or keeper and even the dog therapist, with the requirement to possess their own set of appropriate knowledge and skills, in addition to the provision of a description of the relevant responsibilities and tasks.
Cabinet Regulation No. 959 stipulates that a dog may be used for work as a dog therapist if it has been appropriately trained and a certificate has been issued to prove it, and the owner or keeper of the dog therapist ensures that the dog behaves appropriately and does not pose a threat to the safety, health and life of persons, as well as other animals, on public transport and in places accessible to the public (28.3). There are also precise requirements for a person who has the right to train a dog therapist, which are listed in Cabinet Regulation No. 959, which stipulates that the canine therapist shall be trained by an association, commercial or state institution (p. 26). An animal can be trained by a person who has a document certifying education recognised by the state in accordance with the procedures specified in the Education Law, which certifies the person's knowledge of the physiology, zoopsychology, welfare and training of the animal species to be trained (p. 23.1); knowledge in the use of training equipment (p. 23.2); and knowledge of the needs and medical problems of people with functional limitations – if the dog is trained as a guide-dog, assistant dog or dog therapist (p. 23.3). The person who has trained the dog therapist issues a document certifying that the requisite training has been provided; that after the conclusion of the training, suitable testing has been conducted to ensure conformity with the specifications of the work; and that the dog intended for application as a dog therapist has shown a stable, balanced temperament without the slightest signs of aggressiveness and is suitable for performing the functions of a dog therapist (p. 28.1).
However, as regards the person accompanying the dog (the owner or keeper of the animal), who is to plan and manage the work of the dog therapist, these requirements have not been developed and regulated, creating a contradictory situation in which the person assists the dog, despite the fact that the dog cannot plan, assess and evaluate the necessary activities itself during canine therapy, which requires the skills of a professional and/or volunteer (the owner or keeper of the dog) to plan and manage the work of the dog therapist according to the target group they work with. Likewise, canine therapy is not found in the Classification of Occupations, and if such an inclusion were made, it would allow one to obtain an idea of the necessary knowledge and skills needed by the person who manages the work of a dog therapist.
A profession similar to canine therapy encompassing work with a therapy animal is equine therapy, which is included in Cabinet of Ministers Regulation No. 264 ‘Classification of Occupations, the basic tasks appropriate to the occupation and the basic qualification requirements’, where in the Classification of Occupations the name ‘equine therapist’ is included within a separate group ‘2264 Physiotherapists’ and ‘equine therapist assistant’ within a separate group ‘5321 assistants of healthcare specialists’. Equine therapist, as one of the functional specialists, has been excluded from the Medical Treatment Law since 1 January 2018 (p. 22).
Considering that within the framework of the deinstitutionalisation process, provision of canine therapy is intended for persons with functional and mental disorders, canine therapy should be considered as a part of the social rehabilitation process, and it is necessary to update the inclusion of canine therapy as a profession in the Classification of Occupations. This would make it possible to set precise requirements for the canine therapy service provider (specialist) and to determine the salary range for those who are hired, as well as give the employer an opportunity to indicate the profession code (occupation, position, speciality), when the employer registers the employee with the State Revenue Service in accordance with the Cabinet of Ministers Regulation No. 827 ‘Regulations on the State social insurance compulsory contribution to the reviewer registration and reports on State social security contributions and personal income tax’ (p. 8.4), if a staff position for provision of canine therapy service is established in an institution.
Similarly as when describing the categorisation of animals based on the purpose of their use in the human world, their categorisation is performed also in the scientific environment, when describing the concept of animal welfare.
Fifteen semi-structured interviews with dog owners were conducted to explore how they provide the welfare requirements of dog therapists involved in canine therapy. All of the respondents have extensive experience in provision of canine therapy, which varies from 2 years to 12 years. Most of the respondents provide canine therapy as a voluntary activity, whereas some provide it both as a payable service in cooperation with different institutions and as a voluntary activity. Interview participants voluntarily agreed to be interviewed, the purpose and the aim of the interview were explained when the respondents were interviewed and each respondent signed an informed consent form regarding ethical aspects of the interview. The interviews were conducted in Latvian. Transcripts were prepared for all interviews and uploaded to NVivo 12 Plus, where thematic categories were created based on literature analysis, regulatory enactments and research conducted on animal therapy. Based on regulatory enactments and theoretical concepts, the following characteristics related to animal welfare can be distinguished:
When respondents were asked to describe how the welfare of a therapy dog is ensured, the concept was confusing in some cases. In describing welfare provision, the interviews highlighted two aspects: meeting basic needs and activities related to the dog's work.
According to the Cabinet Regulation No. 959, the animal must be provided with veterinary care at least once a year. During the interviews, respondents mentioned meeting basic needs in describing the measures taken to ensure welfare. However, when asked further questions about health care, and whether vet visits were provided, all respondents confirmed that at least once a year the dog was taken for examination, and obtaining regular vaccinations was also on the agenda.
Training a dog for its certification is an important stage in obtaining the status of a canine therapist. Most of the interviewed respondents carry out the training themselves, participating in various groups that provide dog training. Respondents demonstrated extensive knowledge in preparing dogs for certification, and also expressed the possibility of consulting with colleagues if such a need were to arise. What clearly emerged as a common feature is that the respondents usually organise dog obedience training in groups within the settlements where they live. This can be evaluated as a positive aspect both from the point of view that dog owners have the opportunity to consult each other and that the possibility materialises for the dogs to socialise with each other.
One of the essential aspects that distinguishes a pet from a canine therapist is that the latter is involved in canine therapy, or the animal is at work. The work involves carrying out the tasks assigned to a guide-dog. The canine therapist himself cannot influence and control the time it spends at work. Considering that this affects the well-being of the dog therapist, the interviewees were asked to describe how often during the week the dog is at work.
Several respondents shared their experience that their dogs are not only involved in canine therapy activities but also participate in exhibitions and other events, such as
Summarising the answers of the respondents, it is not possible to ascertain the average number of hours a dog therapist would be at work during the week. Also, the legislation does not regulate the amount of hours that the dog may spend at work, as well as the need for breaks throughout the day, which means that the owner or keeper of the dog makes an individual decision about the extent of the dog's involvement in various activities.
The aspect that emerged during the interviews is that the dog's owner himself makes a subjective assessment of the dog's capacity to participate in canine therapy. Although all respondents responsibly expressed the need to take care of the dog therapist's well-being, objective tools would also be needed to help its owner assess the dog's capacity to perform the work intended for it.
One of the aspects that must be considered when planning activities is the dog's health condition, to which the dog owner must respond sensitively. Health problems can be caused by overload, the dog's age and other factors.
It is also important to consider that planning the load for the dog will be a dynamic process if the dog's well-being is set as the main goal. However, the fact that the handler involves the dog in their main work can create a greater demand for canine therapy than the possibilities to provide it. One of the solutions mentioned by the respondents is that they own more than one therapist dog, which allows them to respond to the high demand for canine therapy and balance the workload of each participating dog more successfully. Also, it should be considered whether the dog's owner performs voluntary or professional activity, because in the second option the professional has fewer opportunities to plan canine therapy flexibly, refuse sessions, etc.
The age of the dog is also considered when planning the load.
None of the respondents allowed that the dog could be subjected to fear, because, as previously mentioned, the dog's owners emphasised their immediate readiness to remove the dog from any stressful situation and give it a break. One component of the work, however, may be a feeling of stress that can be recognised by the dog's behaviour: panting, licking, yawning. None of the respondents talked about stress as a constantly present sign; in some cases it was indicated that the dog does not feel stress, but the majority of respondents admitted that they sometimes observed some sign of stress.
The experiences of the respondents in the interviews revealed that, during canine therapy, the dog therapist may or may not be on a leash; further, based on the beliefs expressed in the respondents’ answers, we could ascertain that the specifics of the activity to be performed played a vital role in determining whether the dog therapist would be on a leash. It was revealed that the leash is used after an evaluation of the following considerations: during the activity, the client leads the dog (often the dog's handler holds the other leash); the dog is young (aged less than 2 years); the activities take place outside to limit the dog's movement, as well as for safety reasons; there is more than one canine therapist in the class. The leash is not used, if during the activity it is important that the dog does not face the risk of entanglement in the leash and ought to be able to move freely; or the task assigned to the client can be done without a leash, for example, inviting the dog to come over from the other end of the room. In cases wherein the leash is not used, the dog handler continuously monitors the situation. There are also cases wherein the use of a leash prevents danger to both the dog and the client.
When describing the dog's welfare, it was highlighted how important it is for the dog's handler to encourage and support the animal during the work. One of the powerful motivators for dogs to perform tasks during canine therapy is treats, which are used as incentives and rewards for the work done. Individual interviewees said that, in order to promote a balanced diet and reduce the possibility of gaining excess weight, on the days when the dog participated in canine therapy, the dogs were fed during canine therapy or this feeding was balanced with the meals they received at home. In addition to the food incentive, verbal praise for a job well done is also used.
Respondents also pointed out the dog therapist's intuitive understanding of where to go and what to do.
During the interviews, the dogs’ handlers also expressed their immediate readiness to help the dog therapist in case of a threatening situation.
It is also important to know your dog in order to be able to assess its tolerance for one activity or another. This preference is often connected with the dog's temperament and vitality.
It is important for any animal to be able to practise its species-specific behaviour. During the interviews, the respondents expressed the recognition that it is important to provide the dog with long walks, where it can run, dig and sniff, which the respondents also labelled as ‘de-stressing’.
Based on regulatory enactments and theoretical concepts, five categories were distinguished for the description of animal welfare: meeting basic needs, veterinary care, training, work process and possibilities to express species-specific behaviour.
First of all, the study aimed to qualitatively describe the provision of welfare requirements of canine therapists as working dogs and pets, based on regulatory acts and theoretical concepts. Secondly, the study sought to identify aspects of welfare that are determined at a minimum level, although each animal owner has the opportunity to reflect and implement in practice the best solutions for the maintenance of the physical and mental health of their dog. Although both the regulatory acts lay down mandatory welfare requirements and the theoretical concept provides a framework for the actualisation of the Five Freedoms, the study revealed that therapy dogs nevertheless encounter stress and various risk situations, as well as the need to cope with involvement in a diverse gamut of activities.
Considering that this is a qualitative study focussed on an in-depth understanding of the research topic, the findings cannot be generalised to the general population. Also, the use of a wider set of respondents, which would be eminently feasible considering that the total number of registered dog therapists is small and therefore reachable, would allow generalisable conclusions to be obtained.
The data obtained show that respondents comply with the minimum welfare requirement stipulated by regulatory enactments, as well as provide additional activities within the framework of animal welfare that are intended to ensure that the dog therapists do not suffer any setbacks in their physical and psychological health as a result of prolonged exposure to work, and more generally experience the opportunity for a dignified existence. For example, the respondents demonstrated individual awareness concerning how often a therapy dog should be given rest periods, what measures should be taken after canine therapy, the effective means to promote the expression of the natural behaviour of a dog as a species, etc.
Such a study on the improvement of the necessary legislations regarding therapy dogs has been conducted for the first time in Latvia, which highlights the need to study the aspects related to canine therapy as a service in demand from the viewpoints of animal therapists, animal owners and service recipients. Also, considering that animals are used for human purposes, including causing their participation in different activities, an understanding of obvious factors indicating compliance with animal welfare should be promoted. Like elsewhere in the world, various aspects could be studied in Latvia to identify stress levels of dog therapists, for example, by conducting saliva tests before and after canine therapy sessions.
Likewise, the regulatory acts and scientific literature analysed in the study cover and identify not only animal welfare as the focus of the study but also other problems and challenges related to provision of canine therapy.
Although the interviewed respondents identified their responsibility in balancing the dog's workload by involving it in various activities, an addition to the regulatory enactments is needed that would determine the maximum amount of working hours per day for a therapy dog, similar to what has already been done in the case of therapy horses, in the context of the dog's involvement in various other activities, such as participation in exhibitions and
According to the respondents, meeting the basic needs should be linked to welfare. It should be noted that whereas legislation lays down minimum welfare requirements, this does not preclude the animal owner from taking the effort and expense to offer extended care, such as providing vet visits not merely once a year but more often, providing longer walks, etc. Dog owners have a close bond with their therapy dogs, they feel their responsibility towards the dog, and they understand their role in ensuring their dog's safety and well-being both when the dog is performing work tasks and when it is at home. It is the dog owner's occupation and involvement in various activities that will affect the workload of the dog therapist. Greater risks are possible in cases wherein the owner of the animal provides canine therapy as a part of their work, which creates more complicated conditions for planning and providing a flexible service. Consequently, determining the amount of work performed by a dog therapist within a day or week would reduce the risk of exposing the dog to excessive stress, which could cause various health problems. While the legal framework mandates certain minimum welfare requirements, this does not prevent animal owners from offering the implementation of wider welfare measures. The prevailing necessity is for implementation of the following measures: setting of minimum rest breaks for the therapist dog during the day; and adherence to norms adopting the view that the number of hours of work per day should be modulated depending upon whether the dog is involved exclusively in canine therapy or in canine therapy as well as other activities (rally obedience, exhibitions, etc.).