BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1331|
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UNFINISHED BUSINESS
Bill No: SB 1331
Author: Pavley (D)
Amended: 8/18/16
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 4/18/16
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza
NO VOTE RECORDED: Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 5/26/16
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,
Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,
Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone,
Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR: 80-0, 8/23/16 - See last page for vote
SUBJECT: State Board of Guide Dogs for the Blind:
membership: out-of-state schools: followup services
SOURCE: Author
DIGEST: This bill allows out-of-state personnel to provide
follow-up services in California without a license, under
specified conditions; revises the composition of the California
State Board of the Guide Dogs for the Blind (Board) to include
three, instead of two, representatives of the legally blind or
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Page 2
visually impaired community; 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.
Assembly Amendments (1) require that personnel from a school
from another state that is certified by the International Guide
Dog Federation (IGDF) shall notify the Board not less than three
days prior to the time the personnel arrive in this state of
their intent to provide follow-up services; (2) provide that if
those services are to be provided due to emergency circumstances
as specified, and as determined by the school, notification may
be provided to the Board within 24 hours after the personnel
arrive in this state; (3) provide that the Board may require a
school to provide the name of the individual to whom services
have been provided if needed for purposes of investigating the
personnel from that school who provided these services and that
the investigation shall be conducted upon reasonable ground for
determining that personnel may have provided substandard care;
(4) require that prior to providing follow-up services,
personnel shall have fingerprints on file with the Board and
that if follow-up services are provided under emergency
circumstances personnel shall have one business day after coming
into the state to meet the requirements as specified; and (5)
remove the requirement there be a representative from each of
the two major consumer organizations representing Californians
who are blind or visually impaired.
ANALYSIS:
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
instruction of persons who are blind and visually impaired in
the use of guide dogs. (Business and Professions Code (BPC)
Section 7200, et seq.)
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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)
This bill:
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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.
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 IGDF 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
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
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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.
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
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requires each school to provide a copy of the factsheet to
every student receiving training from that school.
Background
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 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."
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,
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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) 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.
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.
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During the Board's 2013 sunset review, the 2013 Committee Staff
Background Paper raised the issue of unlicensed instructors
from 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 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
IGDF 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
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submit their fingerprints to the Board and be 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.
Comments
The California Council of the Blind (CCB) is in support of this
bill. In regards to the change in composition of the Board,
CCB believes that adding an additional dog care handler to the
Board will help ensure that the Board contains sufficient
number of members who have the requisite knowledge about guide
dog issues to make the best possibly policy determinations in
matters that come before the Board. Providing a factsheet and
including it on its Board Web site along with providing to
guide dog schools and to their students will ensure that guide
dog handlers and others interested in the use of guide dogs
will continue to have access to information about the Board.
The IGDF is also in support of this bill and believes that by
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requiring that the out-of-state school, that is providing one
of its staff persons for follow-up services, be from a school
that is accredited by the IGDF will assure they will be
meeting the stringent standards of accreditation by IGDF and
will provide for the safe, unrestricted, independent mobility
of guide dogs for all people who are blind or partially
sighted for one of their accredited member organizations.
(The IGDF currently has 90 member organizations across 28
different countries. Some of these countries have just one
IGDF members, while others have up to 12. Recent information
provided by IGDF shows that there are 20,519 guide dogs
working in 2014 that came from IGDF member organizations. Of
this number 3,215 were new partnerships starting out for the
first time.)
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee, this bill
will result in minor and absorbable costs to the Board.
SUPPORT: (Verified8/23/16)
California Council for the Blind
Guide Dogs for the Blind
International Guide Dog Federation
OPPOSITION: (Verified8/23/16)
California State Board on Guide Dogs for the Blind
ARGUMENTS IN SUPPORT: The California Council of the Blind (CCB)
is in support of this measure. In regards to the change in
composition of the Board, CCB believes that adding an additional
dog care handler to the Board will help ensure that the board
contains sufficient number of members who have the requisite
knowledge about guide dog issues to make the best possibly
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Page 11
policy determinations in matters that come before the Board.
Providing a factsheet and including it on its Board website
along with providing to guide dog schools and to their students
will ensure that guide dog handlers and others interested in the
use of guide dogs will continue to have access to information
about the Board.
The International Guide Dog Federation (IGDF) is also in support
of this measure and believes that by requiring that the
out-of-state school, that is providing one of its staff persons
for follow-up services, be from a school that is accredited by
the IGDF will assure they will be meeting the stringent
standards of accreditation by IGDF and will provide for the
safe, unrestricted, independent mobility of guide dogs for all
people who are blind or partially sighted for one of their
accredited member organizations. (The IGDF currently has 90
member organizations across 28 different countries. Some of
these countries have just one IGDF members, while others have up
to 12. Recent information provided by IGDF shows that there are
20,519 guide dogs working in 2014 that came from IGDF member
organizations. Of this number 3,215 were new partnerships
starting out for the first time.)
ARGUMENTS IN OPPOSITION: The California State Board of Guide
Dogs for the Blind is opposed to this measure and indicates that
although recent amendments were an attempt to address the
concerns of the Board it still 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 professions based solely on the fact that the market is
unregulated in another state or jurisdiction. The Board also
continues to be very concerned with the use of the IGDF 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. The Board concludes that the bill in
its current form encourages unlicensed activity, constitutes a
de facto deregulation, and ultimately would place at risk the
safety of guide dog teams.
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ASSEMBLY FLOOR: 80-0, 8/23/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
Prepared by:Bill Gage / B., P. & E.D. / (916) 651-4104
8/24/16 18:54:26
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