Who Can Write an ESA Letter? Guidelines & State Laws

Who Can Write an ESA Letter? General Guidelines & State-by-State Regulations

Who can write an ESA letter is essential for anyone seeking official documentation for their Emotional Support Animal (ESA). These letters must be issued by qualified professionals with legal authority to diagnose and treat mental or emotional disabilities. Emotional Support Animals offer therapeutic benefits to individuals with conditions such as anxiety, depression, or PTSD, but obtaining a valid letter is crucial to ensure legal protections under the Fair Housing Act (FHA) and Air Carrier Access Act (ACAA) (before the 2021 changes).

This blog will discuss the general guidelines on who can issue an ESA letter, the qualifications required, and the specific laws in different states. By understanding these rules, you can ensure that your ESA letter is legitimate and meets legal standards.

General Guidelines on Who Can Issue an ESA Letter

In most states, ESA letters must be issued by a Licensed Mental Health Professional (LMHP). The essential qualification is that the professional must have the proper credentials to diagnose and treat mental or emotional disabilities. This applies under the Fair Housing Act (FHA) and Air Carrier Access Act (ACAA). The following professionals are typically authorized to issue ESA letters:

Licensed Psychologists

Professionals trained to assess and treat mental health conditions, such as depression, anxiety, and PTSD. They have the expertise to determine if an individual would benefit from an Emotional Support Animal.

Licensed Clinical Social Workers (LCSWs)

These professionals hold licenses to provide therapy and counseling. They are often involved in treating individuals' mental health issues and are recognized for their ability to write ESA letters.

Licensed Professional Counselors (LPCs)

Mental health counselors with licensure can also assess emotional or psychological conditions that could benefit from an ESA and are eligible to issue ESA letters.

Psychiatrists

As medical doctors specializing in mental health, psychiatrists can diagnose mental health conditions and provide treatment. They are authorized to issue ESA letters based on their evaluation.

Licensed Marriage and Family Therapists (LMFTs)

While their primary focus is on marriage and family dynamics, LMFTs are trained in mental health diagnosis and treatment, making them eligible to issue ESA letters for individuals with emotional disabilities.

Nurse Practitioners or Physician Assistants Specializing in Mental Health

In some states, advanced practice nurses or PAs who focus on mental health may also be able to issue ESA letters.

Licensed Mental Health Nurses

Sometimes, a psychiatric nurse may be qualified to assess the need for an ESA and issue a letter, depending on state regulations.

For more on ESA letter requirements and templates, check out our post on ESA Letter Template.

State-by-State Considerations for ESA Letters

While the general qualifications for issuing ESA letters are similar across the U.S., specific state-specific nuances exist. Below are details for states with specific regulations:

California

Starting in 2022, Assembly Bill 468 requires that mental health professionals establish a client-provider relationship for at least 30 days before issuing an ESA letter. The letter must include the provider’s license number and be on official letterhead. Providers eligible to write ESA letters in California include licensed psychologists, LCSWs, LPCs, and psychiatrists.

New York

New York follows federal guidelines but emphasizes needing a qualified LMHP to issue the ESA letter. The state stresses that the relationship between the individual and the professional must be legitimate and ongoing.

Texas

Texas allows licensed psychologists, psychiatrists, counselors, and social workers to issue ESA letters. Beyond the federal standards, there are no additional state-specific regulations.

Florida

Senate Bill 1084 requires the provider to have personal knowledge of the individual’s condition and conduct an in-person or telehealth evaluation. The provider’s license must be in good standing. Recognized professionals include licensed mental health counselors, psychologists, and psychiatrists.

Illinois

Licensed mental health professionals in Illinois, including psychologists, social workers, and psychiatrists, can only issue ESA letters. The relationship between the individual and the professional must be based on actual mental health treatment.

Colorado

Colorado’s laws align with the federal FHA and ACAA guidelines. Authorized providers include licensed psychologists, psychiatrists, and clinical social workers. The professional must have a legitimate therapeutic relationship with the individual.

Ohio

Licensed psychologists, therapists, counselors, and social workers can issue ESA letters in Ohio. The guidelines follow federal standards with no additional state-specific regulations.

Pennsylvania

Pennsylvania requires that only licensed mental health professionals, such as psychologists, licensed counselors, and psychiatrists, issue ESA letters. These professionals must conduct a proper mental health evaluation before writing the letter.

Arizona

Arizona requires ESA letters written by a licensed mental health professional, such as a psychologist, social worker, or psychiatrist. The state follows federal guidelines without additional requirements.

Important Points to Remember

When obtaining an ESA letter, ensure that the following conditions are met:

• Relationship and Diagnosis: The professional writing the ESA letter must have an established therapeutic relationship with you and must diagnose a mental or emotional disability that benefits from the support of an ESA.
• Telehealth Evaluations: Many states permit telehealth consultations for ESA evaluations, but the professional must still hold a license in your state.
• Letter Content Requirements: The ESA letter must include the professional’s license number, address, and type of license and clearly explain how the ESA provides emotional support.

Red Flags for Invalid ESA Letters

Not all ESA letters are legitimate. Be wary of:

• Unlicensed Professionals: Ensure the person issuing the letter holds a valid license to diagnose and treat mental health conditions.
• Online ESA Mills: Many websites offer quick ESA letters without a legitimate mental health evaluation. Avoid these services.
• Vague Letters: A proper ESA letter must include detailed information about your mental health condition and how the ESA supports your well-being. Letters without specific details or professional credentials are often invalid.

For a comprehensive guide on avoiding fake ESA services, visit our article on How to Identify a Legitimate ESA Letter.

FAQs

Who can write an ESA letter?

An ESA letter can be written by a licensed mental health professional (such as a psychologist, therapist, or social worker) or a licensed physician who has a legitimate therapeutic relationship with the patient.

Can I get an ESA letter through telehealth?

Yes, telehealth consultations are accepted for ESA evaluations in many states, but the professional must be licensed in your state.

What happens if I use an invalid ESA letter?

Using an invalid ESA letter can lead to housing denials, travel issues, and potential legal consequences.

What should an ESA letter include?

A valid ESA letter should contain the following:

• The professional’s credentials.
• A clear explanation of your mental health condition.
• The therapeutic need for an ESA.
• The professional’s license information.

Conclusion

Consulting a licensed mental health professional who is authorized to assess and diagnose mental health conditions is crucial to obtaining a valid ESA letter. Be sure to meet with a qualified therapist, psychologist, psychiatrist, or another LMHP to ensure your letter meets the legal requirements. Avoid online services that do not offer legitimate evaluations.

For more detailed information, check out our other blogs on ESA Letter Template, can a pharmacist sign an ESA letter and Legal Consequences of Invalid ESA Letters.