California Assembly Bill AB468

California 2021-2022 Regular Session

• Introduced: 2/8/21
• Refer: 2/18/21
• Report Pass: 3/22/21
• Refer: 3/23/21
• Refer: 3/25/21
• Report Pass: 4/6/21
• Refer: 4/7/21
• Report Pass: 4/14/21
• Refer: 4/14/21
• Report Pass: 5/5/21
• Engrossed: 5/13/21
• Refer: 5/13/21
• Refer: 5/27/21
• Report Pass: 6/8/21
• Refer: 6/8/21
• Report Pass: 6/30/21
• Refer: 6/30/21
• Report Pass: 7/1/21
• Refer: 7/1/21
• Report Pass: 7/14/21
• Refer: 7/15/21
• Enrolled: 9/1/21
• Chaptered: 9/16/21
• Passed: 9/16/21

Caption

Emotional support animals.

Impact

The bill imposes specific requirements on businesses and individuals who sell or provide emotional support dogs and related materials. Importantly, health care practitioners are restricted from issuing documentation that asserts a need for an emotional support animal unless they can demonstrate a valid professional relationship with the client, inclusive of an evaluation process that spans at least 30 days. Violating these provisions carries civil penalties that increase with subsequent offenses, showcasing a business and legal framework aimed at protecting consumers and ensuring the legitimacy of emotional support animal claims.

Summary

Assembly Bill 468, authored by Assemblymember Friedman, focuses on the regulation of emotional support animals (ESAs) in California. This bill amends existing laws pertaining to the sale and certification of dogs and cats by establishing clear distinctions between emotional support dogs and service animals. Through this legislation, sellers of dogs designated as emotional support dogs are now mandated to inform buyers that these animals do not possess the specialized training required for guide or service dogs, and therefore do not hold the legal rights and protections afforded to the latter. This addresses a growing concern regarding the fraudulent representation of emotional support animals as service animals.

Sentiment

The sentiment surrounding AB 468 was largely supportive among legislators and animal welfare advocates, who recognized the need for clearer guidelines in the realm of emotional support animals. Supporters argue that this legislation is crucial for preventing abuse of the system by those who may misrepresent emotional support dogs as trained service animals, thereby undermining the rights and accommodations due to individuals who genuinely require assistance. However, some concerns were raised about the potential impact this law could have on individuals with legitimate emotional support needs, prompting a dialogue on finding the right balance between regulation and support.

Contention

Notable points of contention included discussions regarding the limitations placed on health care practitioners in documenting the need for emotional support animals, which some viewed as overreach potentially complicating access to necessary support. Opponents feared that stringent regulations could hinder the ability of individuals seeking emotional support to obtain certification for their animals, leading to wider implications for mental health support accessibility. Ultimately, AB 468 passed with a clear intention to safeguard the integrity of emotional support animal designations while focusing on consumer protection.