Amended in Assembly June 29, 2016

Amended in Assembly June 20, 2016

Amended in Senate April 11, 2016

Senate BillNo. 1331


Introduced by Senator Pavley

February 19, 2016


An act to amend Sections 7200 and 7200.5 of, and to addbegin insert and repealend insert Section 7215.7begin delete to,end deletebegin insert of,end insert the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

SB 1331, as amended, Pavley. State Board of Guide Dogs for the Blind: membership: out-of-state schools: followup services.

Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which is comprised of 7 members appointed by the Governor.

Existing law requires 2 of the board members to be persons who are blind or visually impaired who use guide dogs.

This bill would instead requirebegin delete the board to be composed ofend delete at least 3begin insert boardend insert membersbegin insert to be personsend insert who are blind or visually impaired who use guide dogs. Of these 3 board members, the bill would require one representative from each of the 2 major consumer organizations representing Californians who are blind or visually impaired. The bill would also require the Governor, in making these appointments, to consider recommendations from those organizations.

Under existing law, the board has exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. Under existing law, the board also has exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. Existing law makes it unlawful for any person to sell, offer for sale, give, hire, or furnish under any other arrangement, any guide dog or to engage in the business or occupation of training a guide dog unless he or she holds a valid and unimpaired license issued pursuant tobegin delete this chapter.end deletebegin insert the provisions governing guide dogs.end insert A violation ofbegin delete theend deletebegin insert thoseend insert provisionsbegin delete governing guide dogsend delete is a crime.

This bill, whenever an individual has received training or instruction from a specified certified school outside of this state, would authorize personnel from that school to provide that individual with any followup services within this state with respect to the specific guide dog for whom training or instruction was originally provided outside of this state, as specified. The bill would require the personnel, not less than 3 days prior to arriving in this state, to notify the board of their intent to provide those services.begin delete Ifend delete

begin insertThis bill would, if specified conditions are met, authorize followup emergency services. Ifend insert those services are to be provided due to emergency circumstances, as determined by the school based on specified examples, the bill would authorize that notice to be provided within 24 hours after the personnel arrive in this state.begin insert The bill would prohibit the board from requiring the school to provide the name of the individual who will be receiving followup services, however, it would permit the board to require a school to provide the name of the individual to whom services have been provided to investigate personnel providing those services, so long as the investigation is based on reasonable grounds for determining that personnel may have provided substandard care.end insert The bill wouldbegin insert alsoend insert authorize the board to refuse to allow personnel who have committed certain acts for which the board could suspend or revoke a license to provide those services, and would place those personnel under the disciplinary jurisdiction of the board while they provide those services. The bill, until January 1, 2018, would require the board to prepare a factsheet regarding various functions of the board, to post that factsheet on its Internet Web site, and to provide copies to each of the licensed guide dog schools. The bill, until January 1, 2018, would also require a licensed guide dog school to provide copies of the factsheet to every student receiving training from that school. Because the failure of a licensed guide dog school to provide those copies and the failure of personnel to provide that notification would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 7200 of the Business and Professions
2Code
is amended to read:

3

7200.  

(a) There is in the Department of Consumer Affairs a
4State Board of Guide Dogs for the Blind in whom enforcement of
5this chapter is vested. The board shall consist of seven members
6appointed by the Governor. One member shall be the Director of
7Rehabilitation or his or her designated representative. The
8remaining members shall be persons who have shown a particular
9interest in dealing with the problems of persons who are blind or
10visually impaired and at least three of them shall be persons who
11are blind or visually impaired who use guide dogs. Of the three
12members who are blind or visually impaired who use guide dogs,
13there shall be one representative from each of the two major
14consumer organizations representing Californians who are blind
15or visually impaired, and the Governor shall, in making these
16appointments, consider recommendations from those organizations.

17(b) This section shall remain in effect only until January 1, 2018,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2018, deletes or extends that date.
20Notwithstanding any other law, the repeal of this section renders
21the board subject to review by the appropriate policy committees
22of the Legislature.

23

SEC. 2.  

Section 7200.5 of the Business and Professions Code
24 is amended to read:

25

7200.5.  

(a) The board shall have exclusive authority in this
26state to issue licenses for the instruction of persons who are blind
27or visually impaired in the use of guide dogs and for the training
28of guide dogs for use by persons who are blind or visually
P4    1impaired. It shall also have exclusive authority in this state to issue
2licenses to operate schools for the training of guide dogs and the
3instruction of persons who are blind or visually impaired in the
4use of guide dogs.

5(b)begin insertend insertbegin insert(1)end insert Notwithstanding any other law, whenever an individual
6has received training or instruction from a school outside of this
7state that is certified by the International Guide Dog Federation
8or a successor entity, as determined by the board, personnel from
9that school may provide, in this state, any followup services to that
10individual with respect to the specific guide dog for whom training
11or instruction was originally provided outside of this state. The
12personnel from that school shall notify the board on a form
13prescribed by the board not less than three business days prior to
14the time the personnel arrive in this state of their intent to provide
15followup services. If those services are to be provided due to
16emergency circumstances, as determined by the school, notification
17may be provided within 24 hours after the personnel arrive in this
18state. For purposes of making that determination, emergency
19circumstances include, but are not limited to, injury to a dog that
20 requires determination as to whether it remains safe for the dog to
21continue working, an accident involving the dog, or certain sudden
22changes in behavior that imperil the safety of the handler. The
23board shall permit the personnel to provide the notification
24electronically and shall not require the personnel to notify the
25board of the name of the individual who will be receiving the
26followup services. However, the board may require a school to
27provide the name of the individual to whom services have been
28provided if needed for purposes of investigating the personnel
29from that school who provided thesebegin delete services. Theend deletebegin insert services, so
30long as the investigation is conducted based upon reasonable
31grounds for determining that personnel may have provided
32substandard care.end insert

begin insert

33
(2) (A) Except as provided in subparagraph (B), prior to
34providing followup services pursuant to paragraph (1), personnel
35shall have fingerprints on file with the board.

end insert
begin insert

36
(B) Notwithstanding subparagraph (A), if the followup services
37are provided under emergency circumstances personnel shall have
38one business day after coming in to the state to meet the
39requirements of that subparagraph.

end insert
begin insert

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(3) Whenever followup services are provided pursuant to
2paragraph (1), the out-of-state school shall provide written
3information to the guide dog handler concerning the provisions
4of this subdivision.

end insert

5begin insert(4)end insertbegin insertend insertbegin insertTheend insert board may refuse to allow personnel to provide followup
6services if the personnel have committed any act described in
7Section 7211.9. During the time the personnel provide followup
8services to the individual, the personnel shall be subject to the
9disciplinary jurisdiction of the board, which may include a citation
10and fine pursuant to the board’s rules and regulations or any other
11disciplinary action which could be brought against a licensed
12instructor.

13

SEC. 3.  

Section 7215.7 is added to the Business and Professions
14Code
, to read:

15

7215.7.  

(a) The board shall prepare a factsheet that shall
16contain all of the following:

17(1) A description of the purposes served by the board.

18(2) A description of the board’s role in assisting guide dog users
19who are victims of alleged guide dog discrimination.

20(3) A description of the board’s arbitration procedure under
21Section 7215.6.

22(b) The board shall post the factsheet on its Internet Web site
23and provide copies to each guide dog school licensed pursuant to
24this chapter. A school licensed under this chapter shall provide a
25copy of the factsheet to every student receiving training from that
26school.

27(c) This section shall remain in effect only until January 1, 2018,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2018, deletes or extends that date.

30

SEC. 4.  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.



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