Guide, signal, and service dogs: emotional support dogs.

Existing law makes a person who knowingly and fraudulently represents, through verbal or written notice, the person to be the owner or trainer of any 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 individual's need for an emotional support dog that is not a guide, signal, or service dog, as defined, 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.