LANSING (WWJ) -- A proposed bill in the Michigan State House of Representatives is seeking to regulate how emotional support animals are prescribed, while exploring stiffer penalties for those who intentionally falsify the need for them.
The legislation, introduced by Rep. Matt Hall (R-Marshall) this week, would create the Misrepresentation of Emotional Support Animals Act, which would clarify the eligibility process for emotional support animals, while also installing essential protections for property owners, renters and people in actual need of such companions.
Hall says the reform is "much-needed."
"Because right now it is the Wild West out there in regard to the use of emotional support animals," Hall said in a statement.
"The line between 'pet' and 'service animal' has become so blurry, you cannot even see it. There are no rules in place and people are abusing a process that should not be used to save money on rental fees. I want to ensure those who have a legitimate need for an emotional support animal are protected by weeding out those who abuse the laws for personal gain," he said.
The proposed legislation comes a week after a woman was accompanied on an airplane by her emotional support horse. Many people have had a wide range of emotional support animals, including emotional support cows and a Pennsylvania man with an emotional support alligator.
Under the legislation, a person seeking an emotional support animal would need valid documentation from a health care provider to prove their prescription is credible, according to a press release. A health care provider would have to certify he or she had treated the person with a disability for at least six months, and upon request provide a notarized letter or completed questionnaire certifying an emotional support animal is necessary.
Read: More about emotional support animals.
Hall says falsifying the need for an emotional support animal has rapidly increased, noting hundreds of non-accredited websites sell letters by licensed health care providers to "register" patients for emotional support animals.
"Right now, people can go online and get a fake certificate to obtain an emotional support animal from someone who is not a credible health care provider," Hall said. "This plan would require an authentic patient-health care provider relationship with a provider that has held a license to practice here in Michigan for the past several months. The goal is to ensure emotional support animals are going to those of legitimate need."
As for the penalties for those who knowingly falsify the need for an emotional support animal, Hall's legislation calls for one or more of the following penalties:
• Imprisonment for not more than 90 days;• A fine of not more than $500;• Community service for not more than 30 days.
"It is well-past time we stop the abuse," Hall said. "If you have a legitimate need for an emotional support animal, you should have one, however, there are so many people out there who do not have that legitimate need. At the end of the day, it is about protecting everyone and weeding out the bad actors."
Hall's legislation, House Bill 4910, is paired by a companion bill, House Bill 4911, sponsored by state Rep. Sara Cambensy of Marquette. Both measures now move to the House Regulatory Reform Committee for further consideration.
