BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1331


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          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