Bill Text: CA SB774 | 2021-2022 | Regular Session | Amended

California Senate Bill 774 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Amended.html

Amended IN Assembly August 29, 2022

Amended IN Assembly September 03, 2021

Amended IN Assembly July 14, 2021

Amended IN Senate March 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 774

Introduced by Senator Hertzberg

February 19, 2021

An act to ~~add and repeal Section 952.1 to the Evidence Code, relating to evidence.~~ amend Section 122318 of the Health and Safety Code, relating to vulnerable populations.

LEGISLATIVE COUNSEL'S DIGEST

SB 774, as amended, Hertzberg. ~~Lawyer-client privilege: Department of Fair Employment and Housing.~~ 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.
Existing law establishes the lawyer-client evidentiary privilege in court proceedings, whereby the client of a lawyer has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and lawyer.
The California Fair Employment and Housing Act prohibits an employer from discriminating against an employee on account of certain characteristics. The act authorizes a person alleging a violation of specified provisions of the act to submit a complaint to the Department of Fair Employment and Housing, and requires the department to take actions to investigate that complaint.
This bill would specify that the lawyer-client privilege applies to confidential communications between a lawyer of the Department of Fair Employment and Housing and a person who files a complaint with the department or another aggrieved person on whose behalf a complaint is filed. The bill would require a complainant or aggrieved person to assert the privilege on behalf of the department. The bill would prohibit the complainant or aggrieved person from disclosing confidential information transmitted between a department lawyer and a complainant or aggrieved person over the objection of the department, except as provided. The bill would prohibit the department from disclosing confidential information transmitted from a complainant or aggrieved person to a department lawyer that would reveal the identity of the complainant or aggrieved person, except as provided. The bill would repeal its provisions on January 1, 2027.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

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) ~~Establishes~~ (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.

SECTION 1.Section 952.1 is added to the Evidence Code, to read:
952.1.
~~(a)For purposes of this section, “department” and “client” mean the Department of Fair Employment and Housing.~~
(b)As used in this article, “confidential communication between client and lawyer” includes information transmitted between the department and its lawyers in the course of that relationship and in confidence by a means which, so far as the department is aware, discloses the information to no third persons other than those who are present to further the interest of the department in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted, including, but not limited to, confidential information transmitted between a department lawyer and a complainant who files a complaint with the department or other person aggrieved by alleged discriminatory practices or other violations on whose behalf a complaint is filed, and includes a legal opinion formed and the advice given by the lawyer in the course of that relationship.
(c)(1)Notwithstanding Section 954, a complainant or aggrieved person shall assert the privilege over confidential information transmitted between a department lawyer and a complainant or aggrieved person. Subject to paragraph 2, the complainant or aggrieved person may not disclose the confidential information over the objection of the department unless the department has been given advance reasonable notice of at least 30 days, an opportunity to object, and a court finds that the interests of the complainant or aggrieved person in disclosure outweigh the department’s interest in maintaining the confidentiality of the information and that the disclosure is not prevented by any other law, privilege, or doctrine, including, but not limited to, the attorney work product doctrine.
(2)The complainant or aggrieved person need not provide the department with notice of disclosure of confidential information transmitted between a department lawyer and the complainant or aggrieved person if disclosure of the confidential information is made to any government entity that has oversight over the department or its attorneys’ conduct.
(3)The department may not disclose any confidential information transmitted from a complainant or aggrieved person to a department lawyer that would reveal the identity of the complainant or aggrieved person unless the complainant or aggrieved person consents; disclosure is required by law, court order, or a work-sharing agreement with another government agency; or the department consents to disclosure as part of an enforcement action, including, but not limited to, an investigation or civil action, of the department or other government agency.
~~(d)Subdivision (b) of this section is declarative of, and clarifies, existing law. This section applies retroactively.~~
~~(e)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.~~