(1) A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either:
Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or
Make a written finding that there is insufficient information available to make afinding regarding disability or the disability-related need for the animal.
(2) This section does not:
Change any laws or procedures related to a service animal under Title II and Title IIIof the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;
Affect in any way the right of pet ownership in public housing established in 42 U.S.C. sec. 1437z-3, as amended; or
Limit the means by which a person with a disability may demonstrate, pursuant tostate or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.
(3) A licensee shall not make a determination related to subsection (1) of this section unless the licensee:
Has met with the patient in person or by telemedicine;
Is sufficiently familiar with the patient and the disability; and(c) Is legally and professionally qualified to make the determination.
(4) For purposes of this section:
"Assistance animal" means an animal that qualifies as a reasonable accommodationunder the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, or section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended.
"Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.
"Service animal" has the same meaning as set forth in the implementing regulationsof Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1220, § 1, effective October 1.
Editor's note: This section is similar to former § 12-36-142 as it existed prior to 2019.