Therefore, Stick until the end to know about this new California law on Emotional Support Animals.

• Difference between Service Animals and Emotional Support Animals
• NEW California Law on Emotional Support Animals:
• End Note

Difference between Service Animals and Emotional Support Animals

Firstly let us ask you a question; There is a recent buzz in “The Golden State” of the United States that ESA laws are changing.

Don’t worry, our fellow California ESA parents. Nobody is going to separate your ESA from you. You can still enjoy ESA federal laws and dwell in a no-pet rental apartment with your pet.

However, with the approval of AB 468 by California Governor Newsom, the state will halt ESA fraud from January 1, 2022.

So here comes the questions,
“What are these New animal laws in California ?”
“What pushed the government to make these new emotional support animal laws in California?” And,

“Being ESA parents, how are these new emotional support animal rental laws in California will affect our lives?”
So, firstly take it easy.

Do you know the difference between Service animals and emotional support animals?

If not, let’s get familiar with them and learn the main difference between them. Afterward, understanding the new emotional support animals in California law will be easy for you.

So, an emotional support animal is an animal that helps the patients in alleviating symptoms of psychiatric or emotional illness with their companionship and support. Only the illnesses mentioned in DSM-V qualify patients for an emotional support animal. Plus, Almost any animal can be an emotional support animal.

Whereas, Service animals are specially trained to assist disabled patients. Disabilities as per the American Disability Act (ADA) only qualify a patient for a service animal. As per laws, dogs, and in some cases, miniature horses, are permitted as service animals.

So, emotional support dogs and service dogs are pretty different. Here, the primary difference is that service dogs are trained to assist their owner, and emotional support dogs don’t require any type of training.

NEW California Law on Emotional Support Animals:

Understanding this difference between Service Animals and Emotional Support Animals, the CA Legislative Committee stated under the new law that;

“an ESA is a dog (or another animal) that is not trained to perform specific acts related to a person’s disability. Instead, the owner of an ESA derives a sense of well-being, fulfillment, companionship, or lessened anxiety with the presence of the animal.

Of note, ESA do not enjoy the same legal privileges as trained service dogs: for example, while federal and state laws require that service dogs be allowed to accompany their human partner in public places, ESA on the other hand do not have to be accommodated.”

However, some people willingly and knowingly represent an ESA dog as a service dog to savor special privileges that California pet laws offer only to service dogs.

That’s why the NEW LAW is passed, which is divided into three sections. The first and second section includes the guidelines for ESA providers and ESA certification providers. The third section of this ca emotional support animal laws constitutes guidelines for LMHP which grants ESA documentation.

The first section contains guidelines as;
It is mandatory for the person or a business that supplies dogs as an ESA dog to provide a notice stating;

• The dog is not trained and hence not fit to be a guide, signal, or service dog.
• The dog cannot savor the benefits offered to a guide, signal, or service dog.
• It is illegal to intentionally and falsely describe or show yourself as a guide, signal, service dog’s owner, or trainer.

The second section states;
The individuals or businesses that give ESA certifications, ID, tag, vest, leash, or harness for an emotional support animal also provide a notice that the certification or ID certifies the dog as an emotional support dog, not a guide, signal, or service dog. Along with this, the notice should contain the exact details mentioned in the first section of the Law.
Note: Anyone who violates the details mentioned above by falsely selling or describing emotional support dogs as a guide, signal, or service dog and tries to falsely claim the privileges that dog laws in California offer to a guide, signal, or service dog will be punished.
Lawbreakers are subject to imprisonment in the county jail, not more than a period of six months, and penalties;

• For the First violation: $500
• For Second violation: $1,000
• For Third and subsequent violations: $2,500

The third section describes;
Finally, the guidelines are for health care practitioners who certify animals as emotional support animals. The new Law made clear that a health professional can provide an ESA document only if;

• The health professional is LHMP (Licensed Health Mental Professional). It clearly means that the health professional must have a legitimate and valid license mentioning the type of license.
• The Health professional’s license covers the scope in the jurisdiction where the ESA document is provided. Therefore, it should be evident that the license is of the state for which the health practitioner provides the ESA document.
• The health professional builds a client-provider relationship with the patient at least 30 days before providing the ESA document.
• The health professional carries out a complete and honest evaluation before approving the person fit for ESA documentation.
• Along with this, health professionals also provide the notice mentioning it is unlawful to intentionally and fraudulently describe 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. (notice must contain details as mentioned above)

Here, the main change is for the health practitioners to create a relationship with the patients for at least a 30-day before signing and granting an ESA letter to them.

Note: If the health practitioner violates any of the above guidelines as per California emotional support animal laws, they have to answer the licensing board and face consequences for the same.

End Note

To be honest, these changes in ESA laws in California were important. Fraudsters need to be halted and punished for corrupting such valuable services. Hence, ESA service will also be more genuine and fair, with the enforcement of these ESA laws in California. So, if you are an honest person and follow ESA laws, you don’t need to worry about these new changes as they are for good.

Tell us what your views are on these new CA ESA laws? Feel free to share opinions in our comment section.

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