[NAGDU] California governor signs bill concerning emotional support dogs

Thu Sep 23 23:27:43 UTC 2021

Hello Everyone: Here is the text of the bill. 
Tina 

BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Article 4 (commencing with Section 122317) is added to Chapter 5 of Part 6 of Division 105 of the Health and Safety Code, to read:
Article  4. Emotional Support Animals
122317. (a) A person or business that sells or provides a dog for use as an emotional support dog shall provide a written notice to the buyer or recipient of the dog that states all of the following:
(1) The dog does not have the special training required to qualify as a guide, signal, or service dog.
(2) The dog is not entitled to the rights and privileges accorded by law to a guide, signal, or service dog.
(3) Knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code.
(b) A person or business that sells or provides a certificate, identification, tag, vest, leash, or harness for an emotional support animal shall provide a written notice to the buyer or recipient that states all of the following:
(1) The item does not entitle an emotional support animal to the rights and privileges accorded by law to a guide, signal, or service dog.
(2) Knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code.
(c) The written notices described in subdivisions (a) and (b) shall be made in at least 12-point bold type, and shall be provided on the receipt for the emotional support dog or the product described in subdivision (b), or on a separate piece of paper.
122318. (a) A health care practitioner shall not provide documentation relating to an individual’s need for an emotional support dog unless the health care practitioner complies with all of the following criteria:
(1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license in the documentation.
(2) Is licensed to provide professional services within the scope of the license in the jurisdiction in which the documentation is provided.
(3) Establishes a client-provider relationship with the individual for at least 30 days prior to providing the documentation requested regarding the individual’s need for an emotional support dog.
(4) Completes a clinical evaluation of the individual regarding the need for an emotional support dog.
(5) Provides a verbal or written notice to the individual that knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code.
(b) For purposes of this section, “health care practitioner” means a person who is licensed and regulated pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, who is acting within the scope of practice of the person’s license or certificate.
(c) A health care practitioner may be subject to discipline from the health care practitioner’s licensing board for a violation of this section.
122319. (a) (1) A violation of either of the following shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation:
(A) Knowingly and fraudulently representing, selling, or offering for sale, or attempting to represent, sell, or offer for sale, an emotional support dog as being entitled to the rights and privileges accorded by law to a guide, signal, or service dog.
(B) Violating the written notice requirements specified in Section 122317.
(2) An action for civil penalties under this section may be brought by the Attorney General, a district attorney, a county counsel, or a city attorney.
(b) Nothing in this section shall be construed to restrict or change existing federal and state law related to a person’s rights for reasonable accommodation and equal access to housing, including, but not limited to, rights afforded under the California Fair Employment and Housing Act (Chapter 1 (commencing with Section 12900) of Part 2.8 of Division 3 of Title 2 of the Government Code), the Unruh Civil Rights Act (Section 51 of the Civil Code), and the Disabled Persons Act (Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code).

-----Original Message-----
From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Cindy Ray via NAGDU
Sent: Thursday, September 23, 2021 4:17 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users <nagdu at nfbnet.org>
Cc: Cindy Ray <cindyray at gmail.com>
Subject: Re: [NAGDU] California governor signs bill concerning emotional support dogs

Tina, what is in the bill? It is just listed. If you wouldn’t mind, can you retrieve it and cut it and paste it here? We would appreciate this very much.
Cindy
Cindyray at gmail.com

Cindy Lou
Sent from my iPad

> On Sep 23, 2021, at 5:15 PM, Tina Thomas via NAGDU <nagdu at nfbnet.org> wrote:
> 
> Hello everyone Colin below is the text of the California governor signing a bill concerning emotional support dogs.
> 
> Tina
> https://www.gov.ca.gov/2021/09/16/governor-newsom-signs-legislation-9-
> 16-21/ _______________________________________________
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