Bill Text: CA SB774 | 2021-2022 | Regular Session | Chaptered
Bill Title: Pets and veterinary services: emotional support dogs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-26 - Chaptered by Secretary of State. Chapter 550, Statutes of 2022. [SB774 Detail]
Download: California-2021-SB774-Chaptered.html
Senate Bill
No. 774
CHAPTER 550
An act to amend Section 122318 of the Health and Safety Code, relating to vulnerable populations.
[
Approved by
Governor
September 26, 2022.
Filed with
Secretary of State
September 26, 2022.
]
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 individual’s 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: NOBill 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 individual’s 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 individual’s 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 person’s license or certificate.
(c) A health care practitioner may be subject to discipline from the health care practitioner’s licensing board for a violation of this section.
