SSHB407 4300 4752
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 407 2024 Regular Session Stagni
ANIMALS: Provides relative to support and service animals
Synopsis of Senate Amendments
1.Removes immunity provision that protects owners and lessors of residential
dwellings, and their agents, employees, or representatives from liability for
damages caused by a service dog or support animal from proposed law.
2.Removes immunity provision that protects owners and operators of public
accommodations and their agents, employees, or representatives from liability
for injuries and damages caused by an individual's service dog or support
animal from proposed law.
3.Makes technical corrections.
Proposed law provides a short title for proposed law, to be known as the "La. Support and
Service Animal Integrity Act".
Proposed law provides the purposes and intent of proposed law.
Proposed law defines "disability" in accordance with 42 U.S.C. 12101 et seq., and its related
amendments. The term includes handicap as defined by 42 U.S.C. 3601 et seq., as amended,
and 24 CFR 100.201.
Proposed law defines "healthcare provider" in accordance with R.S. 40:1231.1.
Proposed law defines "healthcare services" in accordance with R.S. 22:1020.1.
Proposed law defines "support animal" as an animal, other than a service dog as defined in
present law (R.S. 46:1952), that does work, performs tasks, provides assistance, or
therapeutic emotional support for individuals with disabilities.
Proposed law defines "public accommodation" or "place of public accommodation" in
accordance with R.S. 51:2232.
Proposed law defines "therapeutic relationship" as the provision of healthcare services by a
healthcare provider in good faith and with actual knowledge of an individual's disability and
that individual's disability-related need for a support animal. The term does not include
services provided by an individual or entity that issues a certificate, license, letter or similar
document that purports to confirm, without conducting a meaningful assessment of a person's
disability or a person's disability-related need for a support animal, that a person has a
disability or a disability-related need for a support animal.
Proposed law prohibits healthcare providers from producing documentation relating to an
individual's need for a support animal unless they satisfy the following requirements:
(1)Possess an active and valid La. license to perform healthcare services or an active
license within a healthcare profession that has a licensure compact.
(2)Are qualified and licensed to evaluate and diagnose disabilities and have performed
a disability assessment of an individual.
(3)Include all the following in the documentation relating to an individual’s need for a
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support animal:
(a) The effective date of the documentation.
(b) The license number of the healthcare provider.
(c) The type of professional license held by the healthcare provider.
(4)Establish a therapeutic relationship with an individual no less than 30 days prior to
producing the documentation regarding the individual’s need for a support animal.
(5)Have engaged with an individual in person or remotely in at least two sessions before
issuing documentation regarding the individual's need for a support animal.
(6)Perform a clinical evaluation of an individual no less than 30 days before producing
documentation regarding individual’s need for a support animal.
Proposed law prohibits healthcare providers from representing or attempting to represent that
an individual has a disability that requires the use of a support animal when the individual
is not disabled or does not need a support animal for that individual's disability.
Proposed law prohibits an individual from representing or attempting to represent to third
parties that the individual has a disability that requires the use of a support animal when the
individual is not disabled or does not need a support animal for that individual's disability.
Proposed law prohibits an individual from representing that an animal is a service dog or
service dog-in-training to any person or entity operating a public accommodation or
residential dwelling.
Proposed law provides certain written notice requirements for an individual or business
engaged in the sale of support animals.
Proposed law provides certain written notice requirements for an individual or business
engaged in the sale of certificates or letters for support animals.
Proposed law provides a penalty of $500 for the first offense of an individual who violates
the provisions of proposed law. Proposed law further provides a penalty of $1,000 for the
second offense and a penalty of $2,500 for the third or any subsequent offense.
(Adds R.S. 46:1971-1978)
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