Service Dogs in Training Laws in New Mexico
Overview

New Mexico law provides public access protections for service dogs in training (SDITs), allowing trainers and individuals with disabilities to bring dogs in training into many public places.

Unlike federal law under the Americans with Disabilities Act (ADA), which does not specifically grant public access rights to service animals in training, New Mexico law expressly recognizes service dogs in training and grants them protections under state statute.

Legal Foundation

New Mexico’s service animal and SDIT laws are primarily found in:

• New Mexico Statutes Annotated (NMSA) § 28-11-2

• NMSA § 28-11-3

• NMSA § 28-11-4

• NMSA § 28-11-6

These laws protect individuals with disabilities and qualified service animal trainers from discrimination in public accommodations and other covered settings.

Service Dogs in Training Under New Mexico Law

New Mexico law specifically recognizes:

• Service animals, and

• Service animals in training

as protected categories under state access laws.

Under NMSA § 28-11-2, a “qualified service animal” includes:

“a dog being trained to become a service animal.”

New Mexico allows:

• Individuals with disabilities training their own dog

• Professional service dog trainers

• Persons legitimately training service animals

to bring SDITs into public places for training purposes.

Public Access Rights

Service dogs in training may generally accompany handlers and trainers into places open to the public, including:

• Restaurants and food establishments

• Retail stores and shopping centers

• Hotels and lodging

• Public transportation

• Government buildings

• Hospitals and medical offices

• Most places open to the general public

New Mexico law grants SDITs substantially similar public access rights as fully trained service animals when they are being legitimately trained.

Additionally:

• Businesses may not charge extra fees or deposits because of a service dog or service dog in training.

• SDITs generally must be permitted anywhere the public is allowed to go.

Requirements for Service Dogs in Training

New Mexico generally requires service dogs in training to be:

• Under the handler’s control

• Properly behaved in public

• Housebroken

• Non-disruptive and safe

Service animals and SDITs are generally expected to be:

• Harnessed, leashed, or tethered unless doing so interferes with the animal’s work or training.

New Mexico does not generally require:

• State certification

• Registration

• Identification cards

• Special vests or patches

Businesses generally may not require proof of certification or documentation.

Who Can Train a Service Dog

New Mexico law protects:

• Individuals with disabilities training their own dog

• Professional trainers

• Persons legitimately engaged in service animal training

The statutes do not impose a universal certification or licensing requirement for service dog trainers.

Handler Responsibilities

The handler or trainer is responsible for:

• Maintaining control of the dog

• Preventing disruptive or dangerous behavior

• Ensuring the dog is housebroken

• Paying for damage caused by the dog

A business may require removal of the dog if:

• The dog is out of control and the handler fails to take corrective action

• The dog poses a direct threat to health or safety

• The dog is not housebroken

Even if a dog is removed, the business generally must still provide the individual an opportunity to obtain goods or services without the animal present.

What Businesses Can and Cannot Do

Businesses MAY:

• Ask whether the dog is a service animal required because of a disability

• Ask what work or task the dog has been trained — or is being trained — to perform

Businesses MAY NOT:

• Require certification or registration

• Demand proof of disability

• Require demonstration of tasks

• Charge additional fees or deposits

• Deny access solely because the dog is still in training under New Mexico law

Misrepresentation and Interference

New Mexico law prohibits:

• Fraudulently misrepresenting a pet as a service animal

• Interfering with the rights of individuals using service animals or SDITs

Violations may result in:

• Civil penalties

• Criminal penalties in some circumstances

• Liability for damages involving interference with service animals

New Mexico law also provides protections against intentional injury or harassment involving service animals.

Federal vs. New Mexico Law

ADA (federal law):

• Does not specifically grant public access rights to service dogs in training

New Mexico law:

• Expressly recognizes service animals in training and grants them public access protections

Because New Mexico law provides broader protections in this area, those state protections generally apply within New Mexico.

Summary

• New Mexico allows service dogs in training in many public places

• Trainers and individuals with disabilities are both protected

• SDITs must remain under control and behave appropriately

• New Mexico generally does not require certification or identification for SDITs

• Businesses cannot charge extra fees or deny access solely because a dog is in training

• Fraudulent representation and interference may result in penalties

Sources

New Mexico Statutes Annotated Chapter 28, Article 11:
https://www.nmlegis.gov

New Mexico Compilation Commission:
https://nmonesource.com

New Mexico Human Rights Bureau:
https://www.dws.state.nm.us

Animal Legal & Historical Center – New Mexico Assistance Animal Laws:
https://www.animallaw.info

Disclaimer

This content is provided for informational and educational purposes only and does not constitute legal advice. Laws and regulations may change, and their application can vary depending on specific circumstances. For the most current and accurate information, consult official New Mexico statutes or a qualified attorney.

Service Dogs in Training Laws in the State of New Mexico are Recognized!