California 2021 2021-2022 Regular Session

California Senate Bill SB774 Enrolled / Bill

Filed 09/07/2022

                    Enrolled  September 07, 2022 Passed IN  Senate  August 31, 2022 Passed IN  Assembly  August 31, 2022 Amended IN  Assembly  August 29, 2022 Amended IN  Assembly  September 03, 2021 Amended IN  Assembly  July 14, 2021 Amended IN  Senate  March 03, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 774Introduced by Senator HertzbergFebruary 19, 2021 An act to amend Section 122318 of the Health and Safety Code, relating to vulnerable populations.LEGISLATIVE COUNSEL'S DIGESTSB 774, Hertzberg. Pets and veterinary services: emotional support dogs.Existing law prohibits 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 criteria, including, among other things, that the health care practitioner establish a client-provider relationship with the individual for at least 30 days prior to providing the documentation.This bill would establish an exception to the 30-day relationship rule if the individual in need of an emotional support dog is verified to be homeless, as specified. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 122318 of the Health and Safety Code is amended to read: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) (A) Except as specified in subparagraph (B), 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.(B) A client-provider relationship with the individual of 30 days or more shall not be required for individuals who are verified to be homeless. Homeless status may be verified by any of the following:(I) Identification through the local Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.(II) Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a homeless services provider that is contracting with a continuum of care.(III) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle.(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.

 Enrolled  September 07, 2022 Passed IN  Senate  August 31, 2022 Passed IN  Assembly  August 31, 2022 Amended IN  Assembly  August 29, 2022 Amended IN  Assembly  September 03, 2021 Amended IN  Assembly  July 14, 2021 Amended IN  Senate  March 03, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 774Introduced by Senator HertzbergFebruary 19, 2021 An act to amend Section 122318 of the Health and Safety Code, relating to vulnerable populations.LEGISLATIVE COUNSEL'S DIGESTSB 774, Hertzberg. Pets and veterinary services: emotional support dogs.Existing law prohibits 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 criteria, including, among other things, that the health care practitioner establish a client-provider relationship with the individual for at least 30 days prior to providing the documentation.This bill would establish an exception to the 30-day relationship rule if the individual in need of an emotional support dog is verified to be homeless, as specified. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Enrolled  September 07, 2022 Passed IN  Senate  August 31, 2022 Passed IN  Assembly  August 31, 2022 Amended IN  Assembly  August 29, 2022 Amended IN  Assembly  September 03, 2021 Amended IN  Assembly  July 14, 2021 Amended IN  Senate  March 03, 2021

Enrolled  September 07, 2022
Passed IN  Senate  August 31, 2022
Passed IN  Assembly  August 31, 2022
Amended IN  Assembly  August 29, 2022
Amended IN  Assembly  September 03, 2021
Amended IN  Assembly  July 14, 2021
Amended IN  Senate  March 03, 2021

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 774

Introduced by Senator HertzbergFebruary 19, 2021

Introduced by Senator Hertzberg
February 19, 2021

 An act to amend Section 122318 of the Health and Safety Code, relating to vulnerable populations.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 774, Hertzberg. Pets and veterinary services: emotional support dogs.

Existing law prohibits 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 criteria, including, among other things, that the health care practitioner establish a client-provider relationship with the individual for at least 30 days prior to providing the documentation.This bill would establish an exception to the 30-day relationship rule if the individual in need of an emotional support dog is verified to be homeless, as specified. 

Existing law prohibits 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 criteria, including, among other things, that the health care practitioner establish a client-provider relationship with the individual for at least 30 days prior to providing the documentation.

This bill would establish an exception to the 30-day relationship rule if the individual in need of an emotional support dog is verified to be homeless, as specified. 

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 122318 of the Health and Safety Code is amended to read: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) (A) Except as specified in subparagraph (B), 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.(B) A client-provider relationship with the individual of 30 days or more shall not be required for individuals who are verified to be homeless. Homeless status may be verified by any of the following:(I) Identification through the local Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.(II) Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a homeless services provider that is contracting with a continuum of care.(III) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle.(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.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 122318 of the Health and Safety Code is amended to read: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) (A) Except as specified in subparagraph (B), 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.(B) A client-provider relationship with the individual of 30 days or more shall not be required for individuals who are verified to be homeless. Homeless status may be verified by any of the following:(I) Identification through the local Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.(II) Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a homeless services provider that is contracting with a continuum of care.(III) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle.(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.

SECTION 1. Section 122318 of the Health and Safety Code is amended to read:

### SECTION 1.

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) (A) Except as specified in subparagraph (B), 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.(B) A client-provider relationship with the individual of 30 days or more shall not be required for individuals who are verified to be homeless. Homeless status may be verified by any of the following:(I) Identification through the local Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.(II) Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a homeless services provider that is contracting with a continuum of care.(III) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle.(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.

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) (A) Except as specified in subparagraph (B), 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.(B) A client-provider relationship with the individual of 30 days or more shall not be required for individuals who are verified to be homeless. Homeless status may be verified by any of the following:(I) Identification through the local Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.(II) Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a homeless services provider that is contracting with a continuum of care.(III) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle.(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.

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) (A) Except as specified in subparagraph (B), 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.(B) A client-provider relationship with the individual of 30 days or more shall not be required for individuals who are verified to be homeless. Homeless status may be verified by any of the following:(I) Identification through the local Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.(II) Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a homeless services provider that is contracting with a continuum of care.(III) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle.(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.



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) (A) Except as specified in subparagraph (B), 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.

(B) A client-provider relationship with the individual of 30 days or more shall not be required for individuals who are verified to be homeless. Homeless status may be verified by any of the following:

(I) Identification through the local Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.

(II) Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a homeless services provider that is contracting with a continuum of care.

(III) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle.

(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.