Health & Saf. Code §122318. Health Care Practitioner Criteria for Emotional Support Dog Documentation

California Health & Safety Code  >   Health & Saf. Code §122318. Health Care Practitioner Criteria for Emotional Support Dog Documentation

*New statutes and amendments effective January 1, 2022 are shown in bold, underline italics. [ ] indicates an amendment of deleted text only.

(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) 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.

                  (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. [2021]