By NVHAC Organization Tuesday, March 19, 2024
Preamble: An act to prevent the dissemination of false information regarding Emotional Support Animals (ESAs) and to uphold the integrity of ESA certifications, thereby ensuring the rightful accommodation and protection of individuals with legitimate emotional support needs.
Section 1: Purpose and Need
- The purpose of this Act is to address the growing concern of false representation and misinformation regarding Emotional Support Animals (ESAs). The dissemination of false information and the misuse of ESA certifications undermine the legitimacy of genuine ESAs and diminish the accommodations provided to individuals with legitimate emotional and psychological needs. This Act aims to protect the rights and dignity of those who genuinely require the support of ESAs by establishing clear verification protocols and penalties for false representation.
Section 2: Definitions
- Emotional Support Animal (ESA): An animal that provides comfort and support to individuals with emotional or psychological conditions, as certified by a licensed entity.
- Certifying Authority: A local, licensed mental health or medical professional or a certified entity authorized to evaluate and certify the need for an ESA.
Section 3: Prohibition of False Representation
- False Representation: It shall be a felony offense for any individual to knowingly provide false information or misrepresent the need for an ESA for personal gain, accommodation, or any other purpose not in line with the genuine emotional support requirements.
- Penalties: Any individual found guilty of providing false information regarding the need for an ESA shall be subject to felony charges, carrying a penalty of [specify potential imprisonment term] and/or substantial fines as determined by the court.
Section 4: Verification Protocols
- Certification Requirements: Any individual seeking accommodation for an ESA must provide current verifiable documentation from a local, licensed mental health or medical professional or a certified entity designated for such evaluations.
- Valid Documentation: Property owners, airlines, and any relevant entities providing reasonable accommodation or access to ESAs shall require valid and current documentation verifying the need for an ESA.
- Documentation will be provided on company letterhead, dated and signed by the practicing practitioner, with contact information so that the information can be verified.
- The document must state the patient's name, the ESA animal's name, and the support they provide.
- If multiple ESAs are needed, each ESA must have its own documentation, with a different purpose each animal serves clearly stated.
Section 5: Enforcement
- Enforcement Agencies: [Designate relevant agency(ies) or department(s)] shall oversee the implementation and enforcement of this Act.
- Reporting False Claims: Establish a reporting mechanism for individuals or entities to report suspected cases of false ESA representation.
Section 6: Implementation and Effective Date
- Implementation: This act comes into effect on [specify date] following its passage.
- Educational Campaigns: Conduct educational campaigns to raise awareness about the importance of legitimate ESA certifications and the severe consequences of providing false information.
Section 7: Severability If any provision of this Act is found to be invalid or unconstitutional, the remainder of the Act shall remain in full force and effect.