Ark. Code Ann. § 20-14-1003: Criteria required from healthcare provider for provision of documentation for emotional support dog

(a) A healthcare provider shall not provide documentation relating to an individual's need for an emotional support dog unless the healthcare provider: (1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license he or she possesses in the documentation required under this subsection; (2) Is licensed to provide professional services within the scope of his or her license in the jurisdiction in which the documentation required under this subsection is provided; (3) (A) Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog. (B) (i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless. (ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle; (4) Completes a clinical evaluation of the individual at least one (1) time each year regarding the need for an emotional support dog; (5) Provides a verbal or written notice to the individual that misrepresenting an animal as a service animal may subject the individual to a civil penalty under § 20-14-310 ; and (6) Reviews the need for an emotional support dog to renew the documentation on a yearly basis. (b) A healthcare provider may be subject to discipline from the healthcare provider's licensing board for a violation of this section. Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.

(a) A healthcare provider shall not provide documentation relating to an individual's need for an emotional support dog unless the healthcare provider: (1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license he or she possesses in the documentation required under this subsection; (2) Is licensed to provide professional services within the scope of his or her license in the jurisdiction in which the documentation required under this subsection is provided; (3) (A) Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog. (B) (i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless. (ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R

) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless. (ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle; (4) Completes a clinical evaluation of the individual at least one (1) time each year regarding the need for an emotional support dog; (5) Provides a verbal or written notice to the individual that misrepresenting an animal as a service animal may subject the individual to a civil penalty under § 20-14-310 ; and (6) Reviews the need for an emotional support dog to renew the documentation on a yearly basis.

(1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license he or she possesses in the documentation required under this subsection;

(2) Is licensed to provide professional services within the scope of his or her license in the jurisdiction in which the documentation required under this subsection is provided;

(3) (A) Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog. (B) (i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless. (ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;

(A) Except as specified in subdivision (a)(3)(B) of this section, establishes a client-provider relationship with the individual at least thirty (30) days prior to providing the documentation requested regarding the individual's need for an emotional support dog.

(B) (i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless. (ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;

efined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;

(i) A client-provider relationship with the individual of thirty (30) days or more is not required for individuals who are verified to be homeless.

(ii) Homeless status may be verified by any of the following: (a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023; (b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or (c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;

(a) Identification through the local Homeless Management Information System, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023;

(b) A Continuum of Care, as defined in 24 C.F.R. § 578.3 , as it existed on January 1, 2023, or a homeless services provider that is contracting with a Continuum of Care; or

(c) Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle;

(4) Completes a clinical evaluation of the individual at least one (1) time each year regarding the need for an emotional support dog;

(5) Provides a verbal or written notice to the individual that misrepresenting an animal as a service animal may subject the individual to a civil penalty under § 20-14-310 ; and

(6) Reviews the need for an emotional support dog to renew the documentation on a yearly basis.

(b) A healthcare provider may be subject to discipline from the healthcare provider's licensing board for a violation of this section.