Skip to content
Psychotherapy Notes
  • Exam Prep
    • California LMFT Clinical Exam Prep
    • California LMFT Law & Ethics Exam Prep
    • California LPCC Law & Ethics Exam Prep
    • California LCSW Law & Ethics Exam Prep
    • National MFT Exam Test Bank
  • Advocacy
  • Books
    • Basics of California Law for LMFTs, LPCCs, and LCSWs (10th ed)
    • Saving Psychotherapy
    • Preparing for the 2023 California MFT Law & Ethics Exam
    • Preparing for the 2023 California Clinical Social Work Law & Ethics Exam
  • Blog
    • Blog home
    • Psychology
    • Professional Counseling
    • Family therapy
    • Clinical social work
    • Law and ethics
    • Education
    • Employment
    • Licensure
    • Public policy

California sets new rules for therapists writing ESA letters

June 28, 2022November 17, 2021 by Ben Caldwell

Sleeping pug / Matthew Henry / Burst / Used under licenseEmotional support animals (ESAs), and therapists writing ESA letters for clients, are frequent topics around here. After years of overuse, the FAA allowed airlines to ban ESAs from passenger cabins early this year, and every major domestic airline has done so. Now California has developed new rules for therapists wanting to write ESA letters, most commonly for clients who want an ESA in a housing situation that does not allow pets.

As a bit of a recap: Unlike service animals, ESAs do not require specialized training or certification, and cannot accompany their owners everywhere. ESAs have been primarily recognized in two legal contexts. The Air Carrier Access Act (prior to 2021) required airlines to allow ESAs in passenger cabins. And the Fair Housing Act requires landlords to allow ESAs even when pets are not typically allowed, so long as the ESA does not create an undue burden on the landlord. In each case, for someone to exercise this option, they needed an ESA letter from a mental health professional.

Mental health professionals appear to have been a bit too eager to meet that need. Several web sites sprung up, allowing anyone who wanted an ESA letter to be connected to a therapist in their state who would write such a letter with minimal actual interaction with the client. The presence of ESAs on flights skyrocketed, leading to frequent problems and complaints. Public skepticism of ESAs increased, as did industry concerns. Therapists in Colorado and California were disciplined by their licensing boards for issuing ESA letters without meaningfully assessing the clients first to determine whether an ESA was truly necessary. The bans on ESAs in passenger cabins on airplanes took effect in early 2021.

California’s new 2022 ESA rules

Now, California has adopted a new law that attempts to rein in some of those therapists still offering ESA letters to clients. As of January 1, 2022, any therapist in California writing a letter for a client’s emotional support dog must first:

  1. Be licensed where the client is located (in other words, they can’t provide ESA letters to clients outside of California unless they’re also licensed where the client is; that was one of the many issues in the previous California disciplinary action)
  2. Provide their license information, including number and issue date, in the letter
  3. Have a clinical relationship with the individual for at least 30 days before issuing the letter
  4. Complete a clinical evaluation of the individual regarding the need for an ESA
  5. Provide notice to the individual that misrepresenting the animal as a service animal is a crime

It’s really that third point — a 30-day clinical relationship — that is likely to be the strongest deterrent. For web sites that promise customers ESA letters within hours or days, that’s no longer a promise that California therapists can fulfill. There’s no minimum number of sessions that must occur in that time, but there must at least be a 30-day relationship.

Interestingly, the California law is written in such a way that it specifically references emotional support dogs rather than emotional support animals. So we might see a test case where a therapist provided a letter for, say, an emotional support cat without following those guidelines. But the new rules are good practices for any therapist, anywhere, considering writing an ESA letter. That’s especially true considering that subgroups of both the ACA and APA have issued statements advising that you shouldn’t write ESA letters at all unless you’re a specialist.

Share this:

  • Email
  • Tweet

People who read this article also read

Post navigation
Major changes are coming to California BBS supervision rules in 2022
Advertising reminders for California BBS Associates
Saving Psychotherapy
Saving Psychotherapy: How therapists can bring the talking cure back from the brink
An action plan to improve your practice while helping the whole field. An unflinching, data-driven, and ultimately optimistic look at where we are and how your practice matters to all of our shared futures.
 
Get it on Amazon

People are reading

  • Decoding counselor alphabet soup: LPC, LPCC, LMHC, and more
  • CareDash shuts down
  • What's the difference between an MFT (or LMFT), an LPC (or LPCC), and an LCSW?
  • Eight interview tips when applying to an MFT graduate program
  • Therapists should not write Emotional Support Animal letters

Recent Posts

  • CareDash shuts down February 3, 2023
  • How to diagnose telehealth connection problems January 18, 2023
  • Are licensing exam prep courses a good value? January 17, 2023
  • MFTs, Counselors will become Medicare providers in 2024 [updated] December 21, 2022

Basics of California Law for LMFTs, LPCCs, and LCSWs – 9th ed

Basics of California Law for LMFTs, LPCCs, and LCSWs - 9th edition front cover (c) Copyright 2022 Ben Caldwell LabsNinth edition (2022). A concise, digestible summary of vital elements of state law for master’s level therapists and mental health professionals.

Online California MFT Law & Ethics Exam Prep

Matthew Henry via Burst / Used under licenseBe ready for your test in 7 days with our study plan, video lectures, and practice questions. All for less than half of what competitors charge.
 
Start now

Preparing for the 2023 California MFT Law & Ethics Exam

Preparing for the 2023 California MFT Law & Ethics ExamThe easiest way to get ready for California’s MFT Law & Ethics exam. Includes a study guide and more than 100 practice test questions with rationales.

Ben Caldwell Labs

Psychotherapy Notes is the official blog of Ben Caldwell Labs

All content and images © Copyright 2009-2023 Ben Caldwell Labs unless otherwise noted.
Some images are used under Creative Commons licensing (information embedded).

Ben Caldwell Labs, the Ben Caldwell Labs logo, and Psychotherapy Notes are registered trademarks of Ben Caldwell Labs Inc.

The opinions expressed on posts on this site are solely those of the author.
While this blog does sometimes cover legal issues, unless otherwise noted authors are practicing clinicians and not attorneys.
Nothing here should be interpreted as legal advice, nor should it be considered a substitute for consulting with a qualified attorney.
  • Exam Prep
    • California LMFT Clinical Exam Prep
    • California LMFT Law & Ethics Exam Prep
    • California LPCC Law & Ethics Exam Prep
    • California LCSW Law & Ethics Exam Prep
    • National MFT Exam Test Bank
  • Advocacy
  • Books
    • Basics of California Law for LMFTs, LPCCs, and LCSWs (10th ed)
    • Saving Psychotherapy
    • Preparing for the 2023 California MFT Law & Ethics Exam
    • Preparing for the 2023 California Clinical Social Work Law & Ethics Exam
  • Blog
    • Blog home
    • Psychology
    • Professional Counseling
    • Family therapy
    • Clinical social work
    • Law and ethics
    • Education
    • Employment
    • Licensure
    • Public policy
loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.