BILL ANALYSIS Ó
SB 1331
Page 1
Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
SB 1331(Pavley) - As Amended June 20, 2016
SENATE VOTE: 39-0
SUBJECT: State Board of Guide Dogs for the Blind: membership:
out-of-state schools: followup services
SUMMARY: Allows out-of-state personnel to provide follow-up
services in California without a license, under specified
conditions; revises the composition of the State Board of the
Guide Dogs for the Blind (Board) to include three, instead of
two, representatives of the legally blind or visually impaired
community and requires one representative each from a designated
consumer organization representing Californians who are blind or
visually impaired, as specified; and, requires the Board to
create a factsheet that provides specified information about the
Board which must be made available to each licensed school which
then must provide the fact sheet to every student receiving
training from that school.
EXISTING LAW:
1)Establishes the Board within in the Department of Consumer
Affairs for the licensing and enforcement of licensees who
operate schools for the training of guide dogs and the
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instruction of persons who are blind and visually impaired in
the use of guide dogs. (Business and Professions Code (BPC)
Section 7200, et seq.)
2)Requires the Board to consist of seven members appointed by
the Governor, of which one member is the Director of
Rehabilitation or his or her designated representative; the
remaining members are persons who have shown a particular
interest in dealing with the problems of persons who are blind
or visually impaired and at least two of them are persons who
are blind or visually impaired who use guide dogs. (BPC
Section 7200(a))
3)Requires a person to be eligible for examination as an
instructor to have knowledge of the special problems of
persons who are blind or visually impaired and how to teach
them; be able to demonstrate by actual blindfold test under
traffic conditions, his or her ability to train guide dogs; be
suited temperamentally and otherwise to instruct persons who
are blind or visually impaired in the usage of guide dogs;
and, have had at least three years of actual experience
comprising such number of hours as the Board may require, as
an instructor, and have handled 22 person-dog units or its
equivalent, as specified. (BPC Section 7209)
4)Defines an "instructor" to mean a person who instructs persons
who are blind or visually impaired in the use of guide dogs or
who engage in the business of training, selling, hiring, or
supplying guide dogs for persons who are blind or visually
impaired. (BPC Section 7209.5)
5)States that it is unlawful for any person to sell, offer for
sale, give, hire, or furnish under any arrangement, any guide
dog or to engage in the business or occupation of training a
guide dog without a valid and unimpaired license, as
specified. (BPC Section 7210)
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THIS BILL:
6)Revises the composition of the Board to include at least three
members, instead of two, who are blind or visually impaired
and who use guide dogs, and further requires that one
representative from each of the two major consumer
organizations representing Californians who are blind or
visually impaired and the Governor must consider the
recommendations from those organizations in making those
appointments.
7)States that notwithstanding any other law, whenever an
individual has received training or instruction from a school
outside of this state that is certified by the International
Guide Dog Federation or a successor entity, as determined by
the Board, personnel from that school may provide, in this
state, any follow-up services to that individual with respect
to the specific guide dog for whom training or instruction was
originally provided outside of this state.
8)Requires personnel from the school to notify the Board on a
specified form within not less than three business days, prior
to the time the personnel arrives in this state of their
intent to provide follow-up services, the Board must accept
the form in an electronic format, and the name of the
individual receiving services is not required to be provided.
9)States that if follow-up services are to be provided due to
emergency circumstances, as determined by the school,
notification may be provided within 24 hours after the
personnel arrive in this state; and, specifies that emergency
services include, but are not limited to, injury to a dog that
requires determination as to whether it remains safe for the
dog to continue working, an accident involving the dog, or
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certain sudden changes in behavior that imperil the safety of
the handler.
10)Permits the Board to refuse to allow personnel to provide
follow-up services if the personnel have committed any
specified acts.
11)Subjects the personnel to the disciplinary jurisdiction of
the Board including a citation or fine, during the time
follow-up services are provided, as specified.
12)Requires the Board to prepare a fact sheet that contains the
following:
a) A description of the purposes served by the Board;
b) A description of the Board's role in assisting guide dog
users who are victims of alleged guide dog discrimination;
and,
c) A description of the Board's arbitration procedures, as
specified.
13)Requires the Board to post the factsheet on its website and
provide copies to each licensed guide dog school, and requires
each school to provide a copy of the factsheet to every
student receiving training from that school.
FISCAL EFFECT: According to the Senate Committee on
Appropriations, pursuant to Senate Rule 28.8, this bill will
result in negligible state costs.
COMMENTS:
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Purpose. This bill is sponsored by the California Council of
the Blind . According to the author, "Highly trained guide dogs
are vital companions for people who are blind or visually
impaired. They partner with a guide dog to help them move
about safely and independently. This bill seeks to improve
services for those who partner with guide dogs by making a
number of reforms to the Board that oversees licensing of the
services dogs, which is called the state Board of Guide Dogs for
the Blind. The proposed reforms include a requirement to
increase representation in board membership of persons who use
guide dogs, as well as provisions to improve outreach and
educational efforts to make the public more aware of the board's
functions and services. The bill also allows an out-of-state
school to provide limited follow-up services in California, if
the school provided the original training to the California
resident and dog, is certified by the International Guide Dog
Federation and notifies the state Guide Dog Board that they are
providing follow-up services in California. The bill authorizes
the Board to refuse any personnel who have committed certain
violations of law and gives the board full disciplinary
authority to act if a consumer is negatively impacted by an
out-of-state school providing such services. To date, there had
never been an adverse incident of follow-up care by an out of
state school. California is the only state in the nation that
requires mandatory licensing of guide dog schools and
instructors. Out-of-state guide dogs schools throughout the
nation receive certification by the International Guide Dog
Federation."
Background. The Board. The Board was established in January 1,
1948 for the specific purpose of providing well-trained guide
dogs to blind persons and training blind persons as guide dog
consumers. The Board licenses: 1) guide dog schools 2) guide
dog instructors, and 3) fundraising programs to open new guide
dog schools. (BPC Sections 7200.5, 7210.6). The Board inspects
all schools, requires new active guide dog instructors to take a
legally defensible written and practical examination, and
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requires instructors to submit proof of eight hours of
continuing education each year to remain licensed. California is
the only State that has such a regulatory program. The Board's
licensing population includes approximately 100 licensees and
three California schools.
BPC Section 7200(a) specifies that the composition of the Board
is to include seven members, all of whom are appointed by the
Governor. One appointee must be the Director of Rehabilitation
or his designated representative and the remaining members must
include persons who have shown an interest in dealing with
persons who are blind or visually impaired; two of which must be
blind or visually impaired persons who use guide dogs. The
author notes that the Board's current composition does not
include an adequate representation of the two consumer advocacy
groups whose missions are to help blind individuals gain full
independence and equality. In order to address this issue, this
bill will change the composition of the Board to require at
least three members, instead of two, who represent the legally
blind or visually impaired community. Two of those appointees
must be a representative from each of the two major consumer
organizations representing Californians who are legally blind.
Although this bill does not specify the organization, the author
notes that the California Council of the Blind and the National
Federation of the Blind would presumably be the entities whose
representation would be included.
Out of State Follow-up Services. California is the only state
to license and regulate guide dog instructors and guide dog
schools. As such, there may be instances when a California
resident will seek guide dog training services from an
unlicensed school outside of California. There are a limited
number of guide dog schools across the country, and while three
are licensed in California, there are a few schools outside of
the state that have chosen not to obtain California licensure.
The issue arises when a California resident who obtained
training from one of those out-of-state schools seeks to obtain
follow-up instruction from the unlicensed school or instructor
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who provided the original services outside of California.
Current law does not prohibit California-based residents from
obtaining services from unlicensed schools or instructors
outside of California. Currently, as noted on the Board's
website, follow-up services or formal instruction with a client
is prohibited in California without a license.
During the Board's 2013 sunset review, the committee staff
background paper raised the issue of unlicensed instructors from
outside of California providing follow-up services in
California. In the 2013 Committee Staff Background Paper, it
was noted, "Because California is the only state that regulates
guide dog schools, instructors, and fundraisers, some
out-of-state guide dog schools and instructors who do not have
the ability to get licenses in their home states have expressed
concern that they are unable to provide guide dog training
services in California without applying for a California
license. The Board has clarified through regulations that
"instruction," which can only be conducted by a licensed
provider, includes follow-up instruction. Some guide dog users
have questioned the validity of a law that prohibits unlicensed
follow-up instruction in this state. As no other state licenses
guide dog instructors, there is no reciprocity to establish
mechanisms like practice privilege. However, individuals who
meet the criteria laid out in BPC Section 7209, Qualifications
for Examination as Instructor, may become licensed instructors
in California even if their own training and experience occurred
outside this state. The Board stated that it had not received
any formal complaints from instructors or consumers, and that
all feedback on this issue had been informal."
At that time, it was recommended in the 2013 Committee Staff
Background Paper that "the Committee is concerned that the Board
should protect California consumers without unnecessarily
restricting consumers' access to quality training services."
This bill seeks to create a pathway for those out-of-state
schools and their personnel to provide follow-up services in
California to individuals with respect to the specific guide dog
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for whom the training or instruction was initially provided
outside of California. In order to provide those follow-up
services, the unlicensed personnel must abide by the protocols
established by this bill. In order for an unlicensed individual
to provide the follow-up services, this bill will require the
school to notify the Board no less than three days from the time
the personnel arrive in California, and will allow the Board to
refuse to allow the follow-up services if the personnel has
violated BPC Section 7211.9 which includes, but is not limited
to, making false statements or giving false information for a
license or renewal, violating any rule or the Board, committing
any acts which are grounds for denial, or being convicted of a
felony or any other crime, as specified.
This bill will only permit those unlicensed school personnel to
provide follow-up services if the school is certified by the
International Guide Dog Federation or a successor agency. This
bill also provides a mechanism for follow-up services to be
provided on an emergency basis. This bill does not permit
unlicensed guide dog training services to be provided in
California in any other situation. In addition, this bill will
require that the unlicensed personnel who are providing the
follow-up services be subject to the disciplinary jurisdiction
of the Board, which may include a citation or fine.
Currently, the Board's website provides information for
consumers including reference material about licensees, consumer
notifications, laws, link to a complaint form, Board member
information, Board meeting schedule, and press releases, among
others. The author notes that guide dog handlers are often
unaware of the Board, and those who do, are unclear about its
purpose. In order to address the concern raised by the author,
this bill will also require the Board to create a fact sheet and
make it available on its website containing information about
the purposes of the Board, its role in assisting guide dog users
who are victims of alleged guide dog discrimination, and
arbitration procedures relating to the resolution of disputes
between guide dog users and guide dog schools relating to the
continued physical custody and use of a guide dog. The Board is
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supposed to provide a copy of this fact sheet to each licensed
school, and the schools will be required to provide the fact
sheet to each student.
ARGUMENTS IN SUPPORT:
The California Council of the Blind writes in support, "This
bill would provide that, with respect to an out-of-state school
certified by the International Guide Dog Federation, a staff
member of that school could come into California without a
license from the Board solely to provide follow-up instruction
for the guide dog handler who obtained his or her dog at the
out-of-state school. It is not the intent of this bill to
undermine the state licensing requirements, but merely to enable
Californians who have chosen an out-of-state school and who need
follow-up instruction often in emergency situations such as the
dog having been attacked or been in an accident, to obtain that
service."
ARGUMENTS IN OPPOSITION:
The Board of Guide Dogs for the Blind writes in opposition, "The
Board feels strongly that the examination and licensure of
instructors is the best way to ensure that consumers are
protected. This bill allows unlicensed guide dog instruction in
California and sets a precedent to allow unlicensed services by
out-of-state providers in other markets. The Board continues to
be very concerned with the use of the International Guide Dog
Federation as a benchmark when its certification of a school is
not a requirement to conduct business in any state and is
fundamentally dissimilar from the Board's licensure process or
its regulatory authority."
POLICY ISSUES:
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In order to ensure that there is no consumer harm by permitting
unlicensed personnel to provide follow-up services in
California, the author should consider requiring the Board to
report back to the appropriate policy committees of the
Legislature, in four years, the number of consumer complaints
and enforcement actions against unlicensed follow-up service
providers.
IMPLEMENTATION ISSUES:
The author should consider amendments that 1) will require that
personnel have fingerprints on file with the Board prior to
providing follow-up services; 2) the Board has reasonable
grounds for an investigation; and, 3) the out-of-state school
provides information to the handler.
AMENDMENTS:
In response to the implementation issues noted above, the author
should amend the bill as follows:
Page 4, Line 20, Strike out " services. The " and insert:
Services, so long as the investigation is conducted based upon
reasonable grounds for determining that personnel may have
provided substandard care.
(2) A. Except as provided in subparagraph B., prior to providing
follow up services pursuant to paragraph (1), personnel shall
have finger prints on file with the board.
B. Notwithstanding subparagraph A, if the follow up services are
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provided under emergency circumstances personnel shall have one
business day after coming in to the state to meet the
requirements of that subparagraph.
(3) Whenever follow up services are provided pursuant to
paragraph (1) the out-of-state school shall provide written
information to the guide dog handler concerning the provisions
of this subdivision
REGISTERED SUPPORT:
California Council of the Blind (sponsor)
REGISTERED OPPOSITION:
California State Board of Guide Dogs for the Blind
Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301