[OAGDU] Text of California bill related to emotional support animals

marianne at denningweb.com marianne at denningweb.com
Thu Sep 23 22:47:46 UTC 2021


I am pasting the text of the newly signed law in California that is related
to emotional support animals. I just briefly glanced at it but it looks
pretty good. I would like to hear comments from other members.

This bill would require a person or business that sells or provides a dog
for use as an emotional support dog, as defined, to provide a written notice
to the buyer or recipient of the dog stating that the dog does not have the
special training required to qualify as a guide, signal, or service dog and
is not entitled to the rights and privileges accorded by law to a guide,
signal, or service dog, and 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. The bill would require a person or business that sells or
provides a certificate, identification, tag, vest, leash, or harness for an
emotional support animal to provide a written notice, as specified, to the
buyer or recipient. The bill would also prohibit a health care practitioner
from providing documentation relating to an individual's need for an
emotional support dog unless the health care practitioner complies with
specified requirements, including holding a valid license, establishing a
client-provider relationship with the individual for at least 30 days prior
to providing the documentation, and completing a clinical evaluation of the
individual regarding the need for an emotional support dog. The bill would
make a violation of the written notice requirements or 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, subject to a civil penalty, as specified. The bill would state
that this provision is not to 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, as specified.

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