AB 468: Emotional support animals.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-16
Existing law regulates the sale of dogs and cats. Existing law also makes a person who knowingly and fraudulently represents, through verbal or written notice, the person to be the owner or trainer of a canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined, guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.
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 individuals 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 persons rights for reasonable accommodation and equal access to housing, as specified.
Existing law regulates the sale of dogs and cats. Existing law also makes a person who knowingly and fraudulently represents, through verbal or written notice, the person to be the owner or trainer of a canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined, guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.
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 individuals 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 persons rights for reasonable accommodation and equal access to housing, as specified.
Existing law regulates the sale of dogs and cats. Existing law also makes a person who knowingly and fraudulently represents, through verbal or written notice, the person to be the owner or trainer of a canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined, guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.
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 dog 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 individuals 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 persons rights for reasonable accommodation and equal access to housing, as specified.
Existing law regulates the sale of dogs and cats. Existing law also makes a person who knowingly and fraudulently represents, through verbal or written notice, the person to be the owner or trainer of a canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined, guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.
This bill would require a person or business that sells or provides a dog for use as an emotional support dog to provide an explicit disclosure form to the potential receiver 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 of 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. 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 offers to sell or provide sells or provides a certificate, identification, tag, vest, leash, or harness for an emotional support dog to provide an explicit disclosure form, a written notice, as specified, to the buyer or potential buyer, and would prohibit that person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog from implying that there is a government validation or endorsement of the certification or registry. recipient. The bill would also prohibit a health care practitioner from providing documentation relating to an individuals 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 person or business who fails to comply with these violation of the written notice requirements or who knowingly and fraudulently represents, sells, or offers representing, selling, or offering for sale, or attempts 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 fine or civil penalty. 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 persons rights for reasonable accommodation and equal access to housing, as specified.
Existing law regulates the sale of dogs and cats. Existing law also makes a person who knowingly and fraudulently represents, through verbal or written notice, the person to be the owner or trainer of a canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined, guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.
This bill would require a person or business that sells or provides a dog as an emotional support dog to provide an explicit disclosure form to the potential receiver of the dog stating that the dog does not have the special training required of 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. The bill would require a person or business that offers to sell or provide a certificate, identification, tag, vest, leash, or harness for an emotional support dog to provide an explicit disclosure form, as specified, to the buyer or potential buyer, and would prohibit that person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog from implying that there is a government validation or endorsement of the certification or registry. The bill would also prohibit a health care practitioner from providing documentation relating to an individuals 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 an in-person a clinical evaluation of the individual regarding the need for an emotional support dog. The bill would make a person or business who fails to comply with these requirements or who knowingly and fraudulently represents, sells, or offers for sale, or attempts 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 fine or civil penalty. The bill would state that this provision is not to be construed to restrict or change existing federal and state law related to a persons rights for reasonable accommodation and equal access to housing, as specified.
Existing law regulates the sale of dogs and cats. Existing law also makes a person who knowingly and fraudulently represents, through verbal or written notice, the person to be the owner or trainer of a canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined, guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.
This bill would require a person or business that sells or provides a dog as an emotional support dog to provide an explicit disclosure form to the potential receiver of the dog stating that the dog does not have the special training required of 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. The bill would require a person or business that offers to sell or provide a certificate, identification, tag, vest, leash, or harness for an emotional support dog to provide an explicit disclosure form, as specified, to the buyer or potential buyer, and would prohibit that person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog from implying that there is a government validation or endorsement of the certification or registry. The bill would also prohibit a health care practitioner from providing documentation relating to an individuals 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 an in-person clinical evaluation of the individual regarding the need for an emotional support dog. The bill would make a person or business who fails to comply with these requirements or who knowingly and fraudulently represents, sells, or offers for sale, or attempts 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 fine or civil penalty. The bill would state that this provision is not to be construed to restrict or change existing federal and state law related to a persons rights for reasonable accommodation and equal access to housing, as specified.
This bill would also require a person or business that sells or provides a dog as an emotional support dog to provide an explicit disclosure form to the potential receiver of the dog stating that the dog does not have the special training required of 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. The bill would require a person or business that offers to sell or provide a certificate, identification, tag, vest, leash, or harness for an emotional support dog to provide an explicit disclosure form, as specified, to the buyer or potential buyer, and would prohibit that person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog from implying that there is a government validation or endorsement of the certification or registry. The bill would also prohibit a health care practitioner from providing documentation relating to an individuals 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 an in-person clinical evaluation of the individual regarding the need for an emotional support dog. The bill would make a person or business who fails to comply with these requirements or violates that prohibition subject to the criminal penalties described above and would make a business that fails to comply with these requirements or violates that prohibition subject to a criminal fine, as specified. or who knowingly and fraudulently represents, sells, or offers for sale, or attempts 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 fine or civil penalty.
By creating new crimes, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law makes a person who knowingly and fraudulently represents, through verbal or written notice, the person to be the owner or trainer of a canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined, guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.
This bill would make a person who knowingly and fraudulently represents, sells, or offers for sale, or attempts 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 guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.
The bill would also require a person or business that sells or provides a dog as an emotional support dog to provide an explicit disclosure form to the potential receiver of the dog stating that the dog does not have the special training required of 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. The bill would require a person or business that offers to sell or provide a certificate, identification, tag, vest, leash, or harness for an emotional support dog to provide an explicit disclosure form, as specified, to the buyer or potential buyer, and would prohibit that person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog from implying that there is a government validation or endorsement of the certification or registry. The bill would also prohibit a health care practitioner from providing documentation relating to an individuals 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 an in-person clinical evaluation of the individual regarding the need for an emotional support dog. The bill would make a person who fails to comply with these requirements or violates that prohibition subject to the criminal penalties described above and would make a business that fails to comply with these requirements or violates that prohibition subject to a criminal fine, as specified.
By creating new crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(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 individuals 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 individuals 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 persons license or certificate.
(c)A health care practitioner may be subject to discipline from the health care practitioners 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 persons 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).
122319.5.For purposes of this article, the following definitions apply:
(a)Emotional support animal means an animal that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified.
(b)Emotional support dog means a dog that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified.
(c)Guide, signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
(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 individuals 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 individuals 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 persons license or certificate.
(c)A health care practitioner may be subject to discipline from the health care practitioners 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 persons 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).
122319.5.For purposes of this article, the following definitions apply:
(a)Emotional support animal means an animal that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified.
(b)Emotional support dog means a dog that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified.
(c)Guide, signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
(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 dog 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 dog 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 individuals 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 individuals 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 persons license or certificate.
(c)A health care practitioner may be subject to discipline from the health care practitioners 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)(1)As used in this article, emotional support dog means a dog that is intended to provide comfort or emotional support and that does not meet the definition of a guide, signal, or service dog. (2)As used in this article, guide,signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code. (c)(b)Nothing in this section shall be construed to restrict or change existing federal and state law related to a persons 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).
122319.5.For purposes of this article, the following definitions apply:
(a)Emotional support animal means an animal that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified.
(b)Emotional support dog means a dog that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified.
(c)Guide, signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
(a)A person or business that sells or provides a dog for use as an emotional support dog shall provide an explicit disclosure form to the potential receiver of the dog stating that the 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 of to qualify as a guide, signal, or service dog and 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 offers to sell or provide sells or provides a certificate, identification, tag, vest, leash, or harness for an emotional support dog shall provide an explicit disclosure form to the buyer or potential buyer stating that the material a written notice to the buyer or recipient that states all of the following:
(1)The item does not entitle an emotional support dog to the rights and privileges accorded by law to a guide, signal, or service dog.
(c)A person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog shall not imply that there is a government validation or endorsement of the certification or registry.(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 individuals 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 individuals 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 persons license or certificate.
(c)A health care practitioner may be subject to discipline from the health care practitioners licensing board for a violation of this section.
122319.(a)A person who does either of the following may be punished by a fine or civil penalty:(1)Knowingly and fraudulently represents, sells, or offers for sale, or attempts 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.(2)Violates the provisions of this article.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)(1)As used in this article, emotional support dog means a dog that is intended to provide comfort or emotional support and that does not meet the definition of a guide, signal, or service dog.
(b)(2)As used in this article, guide, signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
(c)Nothing in this section shall be construed to restrict or change existing federal and state law related to a persons 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).
(a)A person or business that sells or provides a dog as an emotional support dog shall provide an explicit disclosure form to the potential receiver of the dog stating that the dog does not have the special training required of 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.
(b)A person or business that offers to sell or provide a certificate, identification, tag, vest, leash, or harness for an emotional support dog shall provide an explicit disclosure form to the buyer or potential buyer stating that the material does not entitle an emotional support dog to the rights and privileges accorded by law to a guide, signal, or service dog.
(c)A person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog shall not imply that there is a government validation or endorsement of the certification or registry.
122318.(a)A health care practitioner shall not provide documentation relating to an individuals 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 individuals need for an emotional support dog.
(4)Completes an in-person a clinical evaluation of the individual regarding the need for an emotional support dog.
(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 persons license or certificate.
122319.(a)A person who does either of the following may be punished by a fine or civil penalty:
(1)Knowingly and fraudulently represents, sells, or offers for sale, or attempts 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.
(2)Violates the provisions of this article.
(b)As used in this article, guide, signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
(c)Nothing in this section shall be construed to restrict or change existing federal and state law related to a persons 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).
(a)A person or business that sells or provides a dog as an emotional support dog shall provide an explicit disclosure form to the potential receiver of the dog stating that the dog does not have the special training required of 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.
(b)A person or business that offers to sell or provide a certificate, identification, tag, vest, leash, or harness for an emotional support dog shall provide an explicit disclosure form to the buyer or potential buyer stating that the material does not entitle an emotional support dog to the rights and privileges accorded by law to a guide, signal, or service dog.
(c)A person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog shall not imply that there is a government validation or endorsement of the certification or registry.
122318.(a)A health care practitioner shall not provide documentation relating to an individuals 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 individuals need for an emotional support dog.
(4)Completes an in-person clinical evaluation of the individual regarding the need for an emotional support dog.
(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 persons license or certificate.
122319.(a)A person who does either of the following may be punished by a fine or civil penalty:
(1)Knowingly and fraudulently represents, sells, or offers for sale, or attempts 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.
(2)Violates the provisions of this article.
(b)As used in this article, guide, signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
(c)Nothing in this section shall be construed to restrict or change existing federal and state law related to a persons 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).
(a)A person or business that sells or provides a dog as an emotional support dog shall provide an explicit disclosure form to the potential receiver of the dog stating that the dog does not have the special training required of 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.
(b)A person or business that offers to sell or provide a certificate, identification, tag, vest, leash, or harness for an emotional support dog shall provide an explicit disclosure form to the buyer or potential buyer stating that the material does not entitle an emotional support dog to the rights and privileges accorded by law to a guide, signal, or service dog.
(c)A person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog shall not imply that there is a government validation or endorsement of the certification or registry.
(d)A person who violates this section is subject to the punishment that may be imposed pursuant to Section 365.7 of the Penal Code. A business that violates this section is subject to a criminal fine in the amount set forth in Section 365.7 of the Penal Code.122318.(a)A health care practitioner shall not provide documentation relating to an individuals 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 individuals need for an emotional support dog.
(4)Completes an in-person clinical evaluation of the individual regarding the need for an emotional support dog.
(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 persons license or certificate.
122319.(a)A person who does either of the following may be punished by a fine or civil penalty:
(1)Knowingly and fraudulently represents, sells, or offers for sale, or attempts 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.
(2)Violates the provisions of this article.
(b)As used in this article, guide, signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
SEC. 2.Section 365.7 of the Penal Code is amended to read:365.7.(a)A person who knowingly and fraudulently represents, through verbal or written notice, the person to be the owner or trainer of a canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.(b)A person who does either of the following is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment:(1)Knowingly and fraudulently represents, sells, or offers for sale, or attempts 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.(2)Violates Article 4 (commencing with Section 122317) of Chapter 5 of Part 6 of Division 105 of the Health and Safety Code.(c)As used in this section, the following definitions apply:(1)A guide, signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.(2)An owner means a person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.(a)A person or business that sells or provides a dog as an emotional support dog shall provide an explicit disclosure form to the potential receiver of the dog stating that the dog does not have the special training required of 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.
(b)A person or business that offers to sell or provide a certificate, identification, tag, vest, leash, or harness for an emotional support dog shall provide an explicit disclosure form to the buyer or potential buyer stating that the material does not entitle an emotional support dog to the rights and privileges accorded by law to a guide, signal, or service dog.
(c)A person or business that offers to sell or provide a certification or registration, or both, for an emotional support dog shall not imply that there is a government validation or endorsement of the certification or registry.
(d)A person who violates this section is subject to the punishment that may be imposed pursuant to Section 365.7 of the Penal Code. A business that violates this section is subject to a criminal fine in the amount set forth in Section 365.7 of the Penal Code.
122318.(a)A health care practitioner shall not provide documentation relating to an individuals 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 individuals need for an emotional support dog.
(4)Completes an in-person clinical evaluation of the individual regarding the need for an emotional support dog.
(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 persons license or certificate.
SEC. 2.Section 365.7 of the Penal Code is amended to read:365.7.(a)Any A person who knowingly and fraudulently represents himself or herself, represents, through verbal or written notice, the person to be the owner or trainer of any a canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be dog is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(b)A person who does either of the following is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment:
(1)Knowingly and fraudulently represents, sells, or offers for sale, or attempts 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.
(2)Violates Article 4 (commencing with Section 122317) of Chapter 5 of Part 6 of Division 105 of the Health and Safety Code.
(c)As used in this section, the following definitions apply:
(1)A guide, signal, or service dog has the meaning set forth in subdivisions (d), (e), and (f) of Section 365.5, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
(b)As used in this section,(2)An owner means any a person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| Sep 16, 2021 | Chaptered by Secretary of State - Chapter 168, Statutes of 2021. |
| Sep 16, 2021 | Approved by the Governor. |
| Sep 8, 2021 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 1, 2021 | Assembly Rule 77 suspended. (Ayes 58. Noes 17. Page 2625.) |
| Aug 31, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77. |
| Aug 30, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2220.). |
| Aug 17, 2021 | Read second time. Ordered to third reading. |
| Aug 16, 2021 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 15, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 14, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 13). |
| Jul 1, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun 30, 2021 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (June 30). Re-referred to Com. on JUD. |
| Jun 14, 2021 | In committee: Hearing postponed by committee. |
| Jun 8, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| May 27, 2021 | Referred to Coms. on B., P. & E.D. and JUD. |
| May 13, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 13, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1408.) |
| May 6, 2021 | Read second time. Ordered to Consent Calendar. |
| May 5, 2021 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 5). |
| Apr 14, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 18. Noes 0.) (April 13). Re-referred to Com. on APPR. |
| Apr 7, 2021 | Re-referred to Com. on B. & P. |
| Apr 6, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 25, 2021 | Re-referred to Com. on B. & P. pursuant to Assembly Rule 96. |
| Mar 23, 2021 | Re-referred to Com. on PUB. S. |
| Mar 22, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 18, 2021 | Referred to Coms. on PUB. S. and B. & P. |
| Feb 9, 2021 | From printer. May be heard in committee March 11. |
| Feb 8, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 1, 2021 | AB 468 Friedman Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 30, 2021 | Assembly 3rd Reading AB468 Friedman et al. By Bates | Senate Floor |
Passed |
|
| May 13, 2021 | AB 468 Friedman Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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