Emotional Support Animals (ESAs) and Service Animals serve distinct purposes, each with its set of regulations. ESAs provide therapeutic support to individuals with disabilities under the DSM-V, while Service Animals are trained to assist those with disabilities under the American Disabilities Act. ESAs don’t require specific training, and you can have a wide range of animals as ESAs, whereas Service Animals are primarily dogs or miniature horses.
However, there have been instances of fraudulent claims, where people falsely label their ESAs as Service Animals to gain undue privileges. To curb this, California implemented new ESA laws under AB 468, effective from January 1, 2022.
Key points of AB 468 include:
Businesses or individuals providing ESAs must clearly state that the animal is not a trained guard, service, or signal dog.
ESAs do not have the same rights as Service Animals.
False claims of owning or training a guard, service, or signal dog are against the law.
Furthermore, the law provides regulations for ESA certifications, IDs, tags, vests, leashes, or harnesses. These must be clearly labeled as being for an emotional support animal and not for Service or other types of dogs.
Violations of these guidelines carry penalties:
$500 for the first offense.
$1000 for the second offense.
$2500 for the third and subsequent offenses.
Regarding ESA documentation, health professionals must follow specific rules, including possessing a valid license, establishing a client-provider relationship, and conducting a clinical evaluation. If they fail to adhere to these guidelines, they may face consequences and action from the licensing board.
In summary, the new California ESA law (AB 468) seeks to maintain the integrity of Service Animals and Emotional Support Animals while penalizing fraudulent claims and ensuring proper documentation by health professionals.
For more information on these new regulations, click here
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