BILL ANALYSIS Ó
SB 1331
Page 1
SENATE THIRD READING
SB
1331 (Pavley)
As Amended June 29, 2016
Majority vote
SENATE VOTE: 39-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Business & |16-0 |Salas, Brough, Baker, | |
|Professions | |Bloom, Campos, | |
| | |Chávez, Dahle, Dodd, | |
| | |Eggman, Gatto, Gomez, | |
| | |Holden, Jones, | |
| | |Mullin, Ting, Wood | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood, | |
SB 1331
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| | |Chau | |
| | | | |
| | | | |
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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 to
provide to every student receiving training from that school.
Specifically, this bill:
1)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.
2)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.
3)Requires personnel from the school to notify the Board on a
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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.
4)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
certain sudden changes in behavior that imperil the safety of
the handler.
5)Prohibits the Board from requiring the disclosure of the
individual who will be receiving the follow-up services;
however, the Board may require a school to provide the name of
the individual to whom services have been provided if needed
for the purposes of investigating the personnel from that
school who provided the services, so long as the investigation
is conducted based on reasonable grounds for determining that
personnel may have provided substandard care.
6)Requires personnel to have fingerprints on file with the Board
prior to providing follow-up services, and provides, under
emergency circumstances, that personnel have one business day
after coming in to the state to meet the fingerprint
requirements.
7)Requires the out-of-state school to provide specified written
information to the guide dog handler.
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8)Permits the Board to refuse to allow personnel to provide
follow-up services if the personnel have committed any
specified acts.
9)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.
10)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.
11)Requires the Board to post the factsheet on its Web site 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 Assembly Appropriations
Committee, this bill will result in minor and absorbable costs
to the Board.
COMMENTS:
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
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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 service
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 has 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. The Board inspects all schools, requires new
active guide dog instructors to take a legally defensible
written and practical examination, and requires instructors to
submit proof of eight hours of continuing education each year to
remain licensed.
Business and Professions Code Section (BPC) 7200(a) specifies
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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.
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
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 Web
site, follow-up services or formal instruction with a client is
prohibited in California without a license.
During the Board's 2013 sunset review, the 2013 Committee Staff
Background Paper raised the issue of unlicensed instructors from
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outside of California providing follow-up services in California
and 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."
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
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 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 submit their fingerprints to the Board and be
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subject to the disciplinary jurisdiction of the Board, which may
include a citation or fine.
Currently, the Board's Web site 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 Web site 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
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.
Analysis Prepared by:
Elissa Silva / B. & P. / (916) 319-3301 FN:
0003993
SB 1331
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