[nagdu] CA State Board tries to regulate out-of-state schools

Sat Mar 21 17:56:28 UTC 2009

Hey, Craig, you never know these days California's ideas for more revenue! I 
heard of California legalizing marijuana and taxing it like tabacco 
cigarettes (grin!).  Hahaha!

Linda and Landon
----- Original Message ----- 
From: "Craig Borne" <cjborne at comcast.net>
To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Friday, March 20, 2009 6:00 PM
Subject: Re: [nagdu] CA State Board tries to regulate out-of-state schools

> Wow.
>
> For a school located outside of California and training guides/handlers
> outside of California, I don't see how this would be enforceable.  The
> statutes cited do not apply to blind handlers, only schools.  The State
> cannot dictate where a handler goes to acquire a dog, and the State cannot
> override the ADA by not granting access to a handler using a guide dog 
> from
> out of State.
>
> This would, however, effect owner/trainers in California, since before
> "using" the guide, the owner/trainer would be "training" a non-guide dog.
>
> California cannot set business regulations outside of its borders.  This
> would be a very slippery slope indeed.  I smell revenue enhancing motives
> for California.
>
> Craig
>
> Craig Borne
> Baltimore, Maryland
> "A long habit of not thinking a thing wrong, gives it a superficial
> appearance of being right, and raises at first a formidable outcry in
> defense of custom."  --Thomas Paine, Common Sense
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
> Of Angie Matney
> Sent: Friday, March 20, 2009 8:22 PM
> To: nagdu at nfbnet.org
> Subject: [nagdu] CA State Board tries to regulate out-of-state schools
>
> Have people seen this letter from the California State Board of Guide Dogs
> for the Blind to out-of-state dog-guide programs? The text follows the 
> link.
>
> http://www.guidedogboard.ca.gov/forms_pubs/outofstateletter.shtml
>
> Letter to out-of-state schools
> Re: Compliance with California State Law Pertaining to Guide Dogs
>
> Dear Out-of-State School:
>
> On July 8, 1947, Governor Earl Warren signed into law the Guide Dog Act.
> This act was established to keep out maverick guide dog schools, protect 
> the
> visually impaired by setting minimum standards of training, provide
> oversight for the disposition
> of donor funds and maintain minimum competency of training for licensed
> guide dog instructors.
>
> The purpose of this letter is twofold. First, the Board wishes to inform 
> all
> out-of-state schools the statutes requiring compliance with licensure
> requirements for instruction in the state of California. Second, the Board
> has a process for compliance -
> namely the examination for an instructor license. If a candidate for
> licensure meets the minimum requirements to sit for the examination, they
> are eligible for licensure status. The examination is given twice per year
> and involves a one-day Written
> Exam
> and a one-day Oral/Practical Exam. Fingerprints are also required before
> taking the examination.
>
> First, California law requires a license for the sale or the giving of a
> guide dog. Business and Professions Code section 7210 requires that:
>
> It shall be unlawful for any person to sell, offer for sale, give, hire or
> furnish under any other arrangement, any guide dog or seeing-eye dog or to
> engage in the business or occupation of training any such dog unless he
> holds a valid and unimpaired
> license issued pursuant to the provisions of this chapter.
>
> Second, California law requires guide dog instructors to be licensed. An
> instructor "means a person who instructs blind persons in the use of guide
> dogs or who engages in the business of training, selling, hiring, or
> supplying guide dogs for the blind."
> California law as set forth in 16 CCR section 2284 requires:
>
> Anyone instructing a blind person in the use of a guide dog must be 
> licensed
> by the Board, provided, however, that a school may employ apprentices to
> assist in such instruction. No apprentice shall act as an instructor 
> except
> under the direct and
> immediate supervision of a licensed instructor.
>
> Last, B&P Code Section 7213 provides that:
>
> Violation of any provision of this chapter is a misdemeanor.
>
> The process for obtaining an instructor license begins with an 
> examination.
> To qualify to take the examination, the individual must have the following
> qualifications as set forth in Statute (B&P Code Section 7209) -- which
> states the following:
>
> [P]erson to be eligible for examination as an instructor must (1) have a
> knowledge of the special problems of the blind and how to teach them, (2) 
> be
> able to demonstrate by actual blindfold test under traffic conditions his
> ability to train guide dogs with
> whom a blind person would be safe, (3) be suited temperamentally and
> otherwise to instruct blind persons in the use of guide dogs, and, (4) 
> have
> had at least three years actual experience, comprising such number of 
> hours
> as the Board may require,
> as an instructor, and have handled twenty-two (22) man-dog units; or its
> equivalent, as determined by the Board, as an apprentice under a licensed
> instructor or under an instructor in a school satisfactory to the Board.
>
> Applicants for the instructor license are required to take both a written
> and practical/oral examination. Applicants must provide a 15-30 minute 
> video
> demonstrating instruction skills. A panel of subject matter experts will
> review the video and evaluate
> the candidate's oral defense of said video. The five steps to licensing 
> are
> available on the Board's Web site. Applicants may also obtain the
> application for examination at www.guidedogboard.ca.gov
>
> The instructor licenses are good for one year and are renewed each year
> thereafter for a fee of $100. Along with the fee, an instructor must 
> provide
> the Board with evidence of continuing education (either 8 hours of
> course/seminar attendance or 16
> hours of attendance at meetings of guide dog users or organizations of the
> blind).
>
> If you have any questions about the laws cited above, please feel free to
> contact me at               (916) 574-7825       . Thank you.
>
> Sincerely,
>
> Antonette Sorrick
>
> ANTONETTE SORRICK
> Executive Officer, State Board of Guide Dogs for the Blind
>
>
>
>
>
>
>
>
>
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