[Cagdu] Board Member Candela in the Blind Californian - 2010 online winter edition

[Robert Stigile]

 ---- Original Message ------
From: Antonette_Sorrick at dca.ca.gov
Subject: Board Member Candela in the Blind Californian - 2010 
online winter edition
Date sent: Mon, 25 Jan 2010 13:38:10 -0800

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http://www.ccbnet.org/bc/bc1001.htm#16

audio
http://www.ccbnet.org/bc/bc1001.htm

WHAT YOUR GUIDE DOG BOARD DOES FOR YOU
by Tony Candela, Board Member
The Guide Dog Act was signed into law by Governor Earl Warren in 
1947.  The
Guide Dog Board was established for three reasons; one, to 
prohibit
fly-by-night schools; two, to set training standards for guide 
dog
instruction; three, to ensure financial integrity and 
accountability in
donor funds.
Since the Board's inception, there have been landmark wins for 
consumers.
In 1980, Business and Professions Code Section 7215.5 guaranteed 
dog
ownership (title) would be transferred to the guide dog user from 
the
school.  In 1989, home training was added as an additional option 
for
successor training and undue hardship cases (sponsored by CCB).  
In 1992,
an arbitration panel was created to settle custody disputes 
between guide
dog users and schools.
Additionally, successful partnerships between the Board and 
stakeholders
has brought about changes in policy and increased communication 
to
lawmakers, the business community and general members of the 
public.  For
example, decals created in 1986 educated members of the public 
and the
business community about access rights for guide dog users, and
legislation was introduced to increase penalties for obstructing
pedestrian right-of-way and for vicious dog attacks on guide 
dogs.
Today's Board
Today, the Board is at a defining moment in the organization's 
history.
Consumers are savvy; donors can hold guide dog schools 
accountable for
spending (for example, through online charity watchdog groups), 
and guide
dog schools are held to new and improved standards by reputable
international industry organizations.  Where does that leave the 
State
Board of Guide Dogs for the Blind?
Today's Board has a two-pronged agenda.  One, to protect 
consumers by
ensuring that service providers are both competent and ethical; 
two, to
leverage partnerships to accomplish outreach and education goals, 
which
include addressing access, dog attacks, assistance animals and 
pedestrian
safety.
This Board is interested in safe and open choice for the 
consumer, which
is why we are taking a look at our statutes and regulations to 
clarify and
amend them to ensure they protect consumers without significantly
restricting the marketplace where the consumer has as many 
options as
possible.
In 2010, the Board will be seeking legislation to make home 
training
available for anyone, regardless of prior experience.  Not only 
will this
give consumers more choice, it will give the schools flexibility 
in their
training.  Additionally, we want out-of-state schools to know 
that they are
welcome here in California.  The instructors would be able to sit 
for the
exam and have the ease of mind that goes with the portability of 
the state
license.  In fact, in the last few months, two out-of-state 
schools have
hired California licensed instructors and have encouraged them to 
maintain
an active license.
One of the main issues from out-of-state schools is follow-up 
services.
When an instructor works a route as part of follow-up services 
with a
student, this is considered "instruction," which requires a 
license.
Several guide dog users voiced concern over this law.  Therefore, 
the Board
will be open to consider all options, which may include 
clarifying the
statute to allow for a certain time period during which an 
instructor
could provide follow-up services without a license.  Such changes 
would
require legislative authority and may take time.  In the 
meantime, we
encourage input from all of you throughout the process.
The Board is also reviewing the time requirement for training.  
Currently,
the law states that a first time user must have a minimum of 80 
hours of
training in four weeks.  For successor dogs, the requirement is 
40 hours
over a period of two weeks.  The Practice Task Force (made up of 
three
senior guide dog instructors) recommended that the Board set the 
minimum
at 30 hours of in-harness instruction and 15 hours of theoretical
instruction for first time users.  For successor dogs, the 
requirement
would be 20 hours of in-harness instruction and 10 hours of 
theoretical
instruction.  This regulatory proposal will be submitted in the 
next two
months to the Office of Administrative Law for consideration.
What lies in the future for the Board?
The Board is currently scheduled to sunset on July 1, 2011.  What 
happens
if this occurs? If the Board sunsets, the structure of the board 
members
would go away, to be replaced by a Bureau within a Department 
(either the
Department of Consumer Affairs or the Department of 
Rehabilitation).  The
Guide Dog Act itself would remain, along with all of its 
regulations.  Fees
would continue to be collected from guide dog schools and guide 
dog
instructors.  A Bureau Chief would be appointed by the Director 
of the
Department.
What other organizations fulfill the functions of the Board? 
While the
International Guide Dog Federation (IGDF) promotes standards of 
practice
for guide dog schools, competencies for guide dog instructors 
have not
been established.  Additionally, if standards are not met under 
the
standards set for by IGDF for the guide dog instructor, guide 
dogs or the
guide dog school, the only remedy is to be removed as a member of 
the
organization.  There would be no format for a consumer to 
complain about a
licensee (a school or an instructor) and no disciplinary 
authority to
prevent the instructor from practicing or the school from 
operating.  In
other states, a school can operate without an instructor.  In 
California,
if a school did not have an instructor, its license would be 
suspended,
which would mean that no funds could be raised.  This is one of 
the checks
and balances built into the law.
What has the State Board of Guide Dogs for the Blind done for you 
lately?
The answer is not a simple one.  The legal mandate is clearly 
consumer
protection through the competency of guide dogs, guide dog 
instructors and
schools.  This is accomplished through annual school inspections, 
bi-annual
examinations and continuing education requirements.
What else can the Board do? Can the Board be an advocate for the 
consumer?
Can consumers still contact the Board if they have a concern 
about access
or a vicious dog attack? The answer is yes.  While the Board does 
not have
the jurisdiction to cite or fine businesses or members of the 
public from
impeding on the mobility of our consumers, we have historically 
assisted
in educating businesses about state and federal accessibility 
laws.  We
hope to continue this important dialogue with our stakeholders 
and
encourage you to be a part of our decision-making process.  For 
more
information on the State Board of Guide Dogs for the Blind, visit 
us on
the web at www.guidedogboard.ca.gov.
Return to the Table of Contents
Antonette Sorrick
Executive Officer
State Board of Guide Dogs for the Blind
1625 North Market Blvd., Suite S-202
Sacramento, CA 95834
(916) 574-7825 phone
(916) 574-7829 fax
Antonette_Sorrick at dca.ca.gov
www.guidedogboard.ca.gov