Amended IN Assembly March 22, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 468Introduced by Assembly Member FriedmanFebruary 08, 2021 An act to add Article 4 (commencing with Section 122317) to Chapter 5 of Part 6 of Division 105 of the Health and Safety Code, and to amend Section 365.7 of the Penal Code, relating to support dogs.LEGISLATIVE COUNSEL'S DIGESTAB 468, as amended, Friedman. Emotional support dogs. 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 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. TheThis 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe 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 Dogs122317. (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 XIII B 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 XIII B of the California Constitution.
Amended IN Assembly March 22, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 468Introduced by Assembly Member FriedmanFebruary 08, 2021 An act to add Article 4 (commencing with Section 122317) to Chapter 5 of Part 6 of Division 105 of the Health and Safety Code, and to amend Section 365.7 of the Penal Code, relating to support dogs.LEGISLATIVE COUNSEL'S DIGESTAB 468, as amended, Friedman. Emotional support dogs. 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 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. TheThis 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
Amended IN Assembly March 22, 2021
Amended IN Assembly March 22, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 468
Introduced by Assembly Member FriedmanFebruary 08, 2021
Introduced by Assembly Member Friedman
February 08, 2021
An act to add Article 4 (commencing with Section 122317) to Chapter 5 of Part 6 of Division 105 of the Health and Safety Code, and to amend Section 365.7 of the Penal Code, relating to support dogs.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 468, as amended, Friedman. Emotional support dogs.
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 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. TheThis 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 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 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
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.
## Digest Key
## 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 Dogs122317. (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 XIII B 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 XIII B of the California Constitution.
The people of the State of California do enact as follows:
## 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 Dogs122317. (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.
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:
### SECTION 1.
Article 4. Emotional Support Dogs122317. (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.
Article 4. Emotional Support Dogs122317. (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.
Article 4. Emotional Support Dogs
Article 4. Emotional Support Dogs
122317. (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.
122317. (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.
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.
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.
(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.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.