HB 2172 — Rights of persons with disabilities; definitions, mobility-impaired person.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E513 An Act to amend and reenact § 51.5-40.1 of the Code of Virginia, relating to rights of persons with disabilities;

R[H O2172] Approved [HMarch 2172]26, L2023 Be it enacted by the General Assembly of Virginia:

L 1.

E § 51.5-40.1.

DAs "Hearingused dog"in meansthis achapter, dogunless trainedthe tocontext alertrequires itsa ownerdifferent bymeaning: touch to sounds of danger and sounds to which the owner should respond.

"Mental"Hearing impairment"dog" means (i) a disabilitydog attributabletrained to intellectualalert disability,its autism,owner or any other neurologically handicapping condition closely related to intellectual disability and requiring treatment similar to that required by individualstouch with intellectual disability or (ii) an organic or mental impairment that has substantial adverse effects on an individual's cognitive or volitional functions, including central ner"Mobility-impaired person" means any person who has completed training to usesounds aof dogdanger forand servicesounds or support because he (i) is unable to movewhich about without the aidowner ofshould crutches,respond. a wheelchair, or an1 other form of support or because of (ii) has limited functional ability to ambulate, climb, descend, 2it, rise, or perform any related function.

R"Mental "Otherwiseimpairment" disabledmeans person"(i) meansa disability attributable to intellectual disability, autism, or any personother whosimilar hasto athat physical,required sensory,by intellectual,individuals developmental,with intellectual disability or (ii) an organic or mental disabilityimpairment that has substantial adverse effects on an individual's cognitive or avolitional functions, including central nervous system disorders or significant discrepancies among mental illness.functions of an individual.

substantially"Mobility-impaired limitsperson" onemeans any person who has completed training to use a dog for service or moresupport because he (i) is unable to move about without the aid of hiscrutches, majora lifewheelchair, activitiesor any other form of support or whobecause of (ii) has alimited recordfunctional ofability suchto impairment.ambulate, climb, descend, sit, rise, or perform any related function.

"Otherwise disabled person" means any person who has a physical, sensory, intellectual, developmental, or mental disability or a mental illness.

"Person with a disability" means any person who has a physical or mental impairment that substantially limits one or more of his major life activities or who has a record of such impairment.

The work or tasks performed by a service dog shall be nonviolentdirectly protectionrelated or rescue work, pulling a wheelchair, assisting an individual during a seizure,ing alerting an individual to the presenceindividual's ofdisability allergens, retrieving items, carrying items, providing physical support and assistance with balance and stability, and preventing or interruptingdisorder. impulsive or destructive behaviors.

Examples of work or tasks include providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items, carrying items, providing physical support and assistance with balance and stability, and preventing or interrupting impulsive or destructive behaviors.