[NAGDU] California governor signs bill concerning emotional support dogs

Heather Bird heather.l.bird at gmail.com
Fri Sep 24 00:31:52 UTC 2021


Oh crap, and I just went and looked it up. I was so proud of myself, I am not the most tech savvy person out there, but I followed the link to the list of bills in the article, and then I went to the page where you could search for a Bill, and I searched, and I found it. And then? Then I came back, and I saw Cindy‘s request, and that Tina had posted the text of the bill. Oh well.I’m going to pat myself on the back anyway darn it.

So this looks interesting, in general I think it looks like a good thing, however, I’m concerned about the language regarding representing oneself as a trainer of a service dog. Is there any data out there on how this another laws in California impact owner trainers in that state? I would think that it would be very difficult, I know there was quite a bit of concern a while ago, it got resolved, at least to an  extent, regarding service dog programs from other states, being able to send field representatives to do home placements or to work with graduates living in California. Although, I would have to review the text of the ADA again, but I believe the way it is written, it does protect owner trainers, and if that is the case, my understanding is that a state law cannot be more restrictive than ADA, it could be more lenient, but it can’t be more restrictive. Perhaps, Al, could you help shed some light on this? I know the gist of what I’m talking about, but I think there are some legal nuances here that I am likely missing. Now, in terms of how much this will actually help, I’m guessing it will help to a minimal extent, maybe even to a moderate extent, but I don’t think it will solve the problem by any means. For instance, what constitutes a 30 day relationship, between a practitioner and the client? It seems to me someone could certainly still provide these letters, except notifying people on the website that they have to meet with them, and the letter can’t be written for 30 days. Although, having to include all of their licensure information might be a bit of a deterrent. Nothing in the way the law is written, would seem to be harmful to handlers of psychiatric service dogs, although, that being said, that doesn’t mean it won’t cause Then  some hassles when people don’t fully understand the law. I’ll give it another readthrough in the morning when I have a little bit more caffeine in my system. But those are a few thoughts upon an initial read. If anyone here is a lawyer and wants to help us out, that would be fantastic.

Sent from my iPhone

> On Sep 23, 2021, at 7:29 PM, judotina48kg--- via NAGDU <nagdu at nfbnet.org> wrote:
> 
> 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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