[nagdu] Letter to out-of-state guide dog programs from California state guide dog board

Timothy J. Meloy tmeloy at fuse.net
Mon Mar 30 22:28:15 UTC 2015


Hello,
Thank you for your feedback. I have also been following this thread closely. As an attorney, I think the requirement is susceptible to interstate commerce clause challenge. I am posing this requirement, you are essentially forcing California consumers to go to California state guy dog schools, and less the out-of-state schools want to go through the rigors of obtaining a California guy dog trainers license. In my opinion, this restriction on there right to choose is the big problem that members of this list have with the California licensing requirement.
Best Regards,
TJ




> On Mar 30, 2015, at 5:03 PM, Skewis, Brian at DCA via nagdu <nagdu at nfbnet.org> wrote:
> 
> Hi all,
> 
> I wanted to take a moment to address some of the concerns posed in this thread over the last few days.  I subscribe to this list in order to keep a pulse on the community and I thank you all for your input on this and many other topics.  Additionally I would like to thank you for the opportunity to address your statements with the following:  
> 
> First, I would like to stress that this letter was sent to open the lines of communication between guide dog schools and the Board regarding potential barriers to a licensure process that has existed since the 1940's.  In California, if an individual engages in the training or instruction of a guide dog or of a person in the use of a guide dog, they are required to be licensed by the Board.  This means that any training or instruction physically taking place inside California, requires that the individual providing the instruction be licensed.  There is no requirement that all instructors from all schools across the country be licensed; just those coming into the state for training and instruction purposes.  Owner Trainers are not required to be licensed by the Board; only those instructing others in the use of guide dogs must be licensed.  These requirements are primarily in place to ensure consumer protection.  In California, many professions require special licenses.   One has to have a special license to be a doctor, a psychologist, or a contractor, for instance.  These licenses and associated State organizations exist to protect the consumer from physical and/or financial harm.  After all, many of these professions, including guide dog instruction, require that the individual providing the service have access to personal information, and sometimes even a consumer's home. 
> 
> The Board was recently made aware that despite its attempts in 2009 to educate out of state schools of the licensure requirements in California, schools were still sending instructors into the State to provide follow-up instruction to graduates of their programs.  In an attempt to determine if there were any barriers to licensure for these out of state schools, the Board wrote the aforementioned letter to guide dog schools all across the country.  For the most part, the letter was received well and a large number of schools have already responded stating concerns or lack thereof.  Additionally, the Board asked that schools provide the number of teams active in California.  This request was simply for demographic purposes and to get an idea of the total number of guide dog users in the state.  We did not solicit any personal information nor is any specifically personal information required for an applicant to become licensed by the Board.  While the Board's application process does require that an applicant provide evidence that they have successfully trained 22 guide dog teams, there is no requirement that those individual's personal information be sent to the Board.  Applicants are required to submit a video of themselves working with a guide dog team in training, but the Board takes necessary steps to ensure that the client be aware and comfortable with the fact that filming is taking place.  The Board uses these videos for the application and examination process only, and those videos are never used in a public setting.  Applications are reviewed on a case by case basis and the Board is always willing to work towards the common goal of providing safe and effective guide dog instruction in California while following the rules and regulations outlined in the Guide Dog Act.  The Board understands that personal privacy is extremely important in this day and age.  This program is not intended to be a violation of privacy, but rather a way to ensure consumer safety.  
> 
> Regarding statements that the Board's requirements are in violation of the ADA and interstate commerce laws, there are dozens of professions and vocations that are regulated at the State level; in every state.  Many healing arts professions and service professions require licensure at the State level.  This licensure applies to the individual providing the service, not the individual receiving the service.  These laws are in place to protect the person receiving the service by ensuring that the person providing the service is qualified and has a personal background that reflects one of a person that is safe to enter another person's home or handle their personal information.  
> 
> There also seems to be a misconception that the Board is supporting the concept of, or requiring that, guide dog users carry identification cards in California.  This is simply a misconception.  The State Board of Guide Dogs for the Blind has not taken any steps toward requiring that ID cards be shown by guide dog users.  Public access is outside the Board's jurisdiction and the Board is not interested in imposing any additional requirements on guide dog users for public access.  
> 
> Finally, I would like to stress that these requirements are not in place to sway any person's decision as to which school they should or should not attend.  These requirements are not in place to hinder follow-up services or instruction, but simply to ensure consumer safety.  The Board is working diligently to address any concerns and barriers to licensure identified so as to create an atmosphere where instructors from all over the country can provide the services required to Californians while protecting consumers as we are primarily mandated to do.  
> 
> Please do not hesitate to contact me if you have any questions regarding guide dog instruction in California.  
> 
> Thank you for your time,
> 
> Brian Skewis
> Executive Officer
> California State Board of Guide Dogs for the Blind
> Office: 916-574-7825
> Email: brian.skewis at dca.ca.gov 
> www.guidedogboard.ca.gov
>       
> 
> 
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Michael Hingson via nagdu
> Sent: Saturday, March 28, 2015 1:52 PM
> To: 'Applebutter Hill'; 'NAGDU Mailing List, the National Association of Guide Dog Users'; 'Marion Gwizdala'
> Subject: Re: [nagdu] Letter to out-of -state guide dog programs from California state guide dog board
> 
> All true and good points. 
> 
> 
> Best,
> 
> 
> Michael Hingson
> 
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Applebutter Hill via nagdu
> Sent: Saturday, March 28, 2015 1:49 PM
> To: 'Marion Gwizdala'; 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Subject: Re: [nagdu] Letter to out-of -state guide dog programs from California state guide dog board
> 
> Marion,
> Here's another thought. I think it can be argued that the schools don't have the right to release this information to begin with.
> Donna
> 
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Marion Gwizdala via nagdu
> Sent: Saturday, March 28, 2015 4:21 PM
> To: 'Michael Hingson'; 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Subject: Re: [nagdu] Letter to out-of -state guide dog programs from California state guide dog board
> 
> Mike,
> 
>    It is also the point that we do not need the protection of the state nor should we silently allow the board to demand guide dog training programs release any information about their consumers in California. We will be taking this issue up during our monthly board of directors meeting on Sunday.
> 
> Marion
> 
> 
> 
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Michael Hingson via nagdu
> Sent: Friday, March 27, 2015 4:58 PM
> To: 'Buddy Brannan'; 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Subject: Re: [nagdu] Letter to out-of -state guide dog programs from California state guide dog board
> 
> That is, of course, the point.
> 
> 
> Best,
> 
> 
> Michael Hingson
> 
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy Brannan via nagdu
> Sent: Friday, March 27, 2015 1:51 PM
> To: Tina Thomas; NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Letter to out-of -state guide dog programs from California state guide dog board
> 
> Oh, what fun. This is just a small taste of what we'd have to look forward to with a national certification. Hey, what about owner trainers in California?
> 
> --
> Buddy Brannan, KB5ELV - Erie, PA
> Phone: 814-860-3194
> Mobile: 814-431-0962
> Email: buddy at brannan.name
> 
> 
> 
> 
>>> On Mar 27, 2015, at 3:05 PM, Tina Thomas via nagdu <nagdu at nfbnet.org>
>> wrote:
>> 
>> 
>> 
>> Hello Everyone- Below is a letter that was sent to all out of state 
>> guide dog programs from the California state guide dog board regarding
>> follow-
> up
>> services. I hope all you read this and keep in mind that this policy 
>> and attitude of the board is a contradiction of everything our 
>> organization represents. To quote Dr. Martin Luther King Jr. "
>> injustice anywhere, is a threat to justice everywhere"
>> 
>> Thank You.
>> 
>> Tina
>> 
>> ion <http://www.guidedogboard.ca.gov/consumers/2015_outofstate.pdf>
>> 
>> 
>> 
>> [Name]
>> Chief Executive Officer
>> [School Name]
>> [School Address]
>> 
>> Dear [Name]:
>> 
>> The California State Board of Guide Dogs for the Blind (Board) exists 
>> to ensure the protection of people who are blind or visually impaired 
>> while receiving instruction in the use of guide dogs. The Board 
>> regulates both
> the
>> schools located in California as well as the instructors who train and
> pair
>> guide dog teams. While your school is not physically located in
> California,
>> the Board understands that many out of state schools place guide dogs 
>> with clients who reside in California at the time of placement, or who 
>> may relocate to California after placement.
>> 
>> The Board understands and appreciates a school's need to maintain an
> ongoing
>> relationship with graduates of their program. Recently, the Board has 
>> received several questions regarding follow-up training from guide dog
> users
>> who received their dogs from schools outside of California. In order 
>> to provide follow-up training in California, Guide Dog Instructors,
> regardless
>> of school affiliation, must be licensed by the Board.
>> 
>> The purpose of this letter is not only to inform you of the licensing 
>> requirements and regulations regarding guide dog instruction in
> California,
>> but also to create an open dialog. The Board wishes to ensure that 
>> there
> are
>> no barriers to licensure for your instructors. Our goal is to create a 
>> gateway for your school to safely and legally provide follow-up
> instruction
>> or in-home placements to guide dog users residing in California.
>> 
>> Our records indicate that you currently have no instructors licensed 
>> by
> the
>> Board. The Board would like to invite you to undergo the licensure 
>> process in order to provide services to your clients residing in 
>> California. The Board's licensure process and criteria are outlined on 
>> our
> website at:
>> http://www.guidedogboard.ca.gov/forms_pubs/five_steps.shtml
>> 
>> Please contact me if you would like more information on the licensure 
>> process, or if you identify any barriers that may impact your desire 
>> to participate in the licensure process.
>> 
>> Additionally, the Guide Dog Board is in the process of determining how
> many
>> guide dog users reside in California. In order to identify an accurate 
>> population, we are surveying each guide dog program in the country 
>> asking how many active teams from your program are currently residing 
>> in California. If you could please respond simply by emailing or 
>> calling me
> for
>> a quick discussion, I would greatly appreciate it.
>> 
>> I look forward to working with you.
>> 
>> Thank you for your time,
>> 
>> Brian Skewis
>> Executive Officer
>> California State Board of Guide Dogs for the Blind
>> Email: brian.skewis at dca.ca.gov <mailto:brian.skewis at dca.ca.gov>
>> 
>> 
>> 
>> 
>> 
>> <http://www.guidedogboard.ca.gov/consumers/2015_outofstate.shtml#headi
>> ng> Back to Top |  <http://www.dca.ca.gov/help.shtml> Help |
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>> 
>> 
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> 
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