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2015 SESSION
15101339DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 51.5-132.1 as follows:
§ 51.5-132.1. Commissioner to establish voluntary certification program for service dogs; penalty.
A. As used in this section:
"Accredited training provider" means a training provider for service dogs that has been accredited pursuant to the regulations of the Commissioner.
"Certified service dog" means a service dog as defined in § 51.5-40.1 that has been certified by the Commission as having completed training from an accredited training provider.
"Otherwise disabled person" means the same as that term is defined in § 51.5-40.1.
"Service dog" means the same as that term is defined in § 51.5-40.1
B. The Commissioner shall promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) and consistent with federal laws and regulations to establish a voluntary certification program for service dogs that have completed training from an accredited training provider. The regulations shall:
1. Develop procedures for determining the qualifications for a training provider to be accredited by the Commissioner to provide service dog training. Such qualifications shall include the ability of the training provider to verify that a service dog has been trained to do work or perform tasks for the benefit of an otherwise disabled person;
2. Provide for the certification of a service dog when the owner provides evidence of the successful completion of training from an accredited training provider; and
3. Establish a fee system to offset the costs of the certification program.
C. Upon granting the certification, the Commissioner shall provide a serialized tag to be affixed to the vest of the service dog in an area that is clearly visible to public view.
D. The certification established under this section shall be voluntary and shall not be construed to restrict or otherwise affect the right of any person to hold out a dog as a service dog if such dog meets the definition of service dog in § 51.5-40.1; however, no person may hold out a dog as a certified service dog unless the dog has been granted the certification in accordance with this section. Any person who violates the provisions of this subsection is guilty of a Class 4 misdemeanor.