A blog by spcaLA president, Madeline Bernstein

Dec 14, 2021

New emotional support dog anti-fraud law signed

"Emotional support dog stare down" by mirsasha
 is licensed under CC BY-NC-ND 2.0
This is not the first time that I have talked with you about calling every dog an emotional support dog so that they are given access everywhere and identifying all sorts of animals as service animals, peacocks, squirrels etc., so that they can accompany people on airplanes, restaurants and the like.  This practice has resulted in elimination of many animals from the Americans with Disabilities Act (ADA), prohibitions of pets on public transportation, housing and other places. 

Personally, I think every pet, be it dog or tarantula, provides emotional support to the humans that love him or her, but, legally, that is not the case. 

Now, a new emotional support dog anti-fraud law, Assembly Bill 468, was signed into law this fall. This law will, among other things require that written notice be provided to a buyer that specifically distinguishes an emotional support dog from guide, signal, and service dogs. A person selling ID, vests and other accessories will also be required to provide such written notice. Finally, for those purchasing doctor notes to assert that their dog is an emotional support dog, the law prohibits health care practitioners from doing so, among other things, 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 a clinical evaluation of the individual regarding the need for an emotional support dog." 

Penalties for violating this law can be both civil and criminal.

So please, let's keep the field clear and the airline seats available
for those with legitimate needs who need the protection of state and federal laws, and don't insist that loving your dog is a disability.


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