Sec. 12. This section applies to an individual described in section 9 of this chapter who has a disability that is not readily apparent, and the health service provider who verifies the individual's disability status and need for an emotional support animal. An individual who submits a request to maintain an emotional support animal in a dwelling, or a health service provider who verifies the individual's need for an emotional support animal, and:

(1) misrepresents to a person who offers to rent or otherwise make available a dwelling that the individual is an individual with a disability or has a disability related need that requires the use of an emotional support animal in a dwelling;

(2) makes a materially false statement to the individual's health service provider to obtain documentation to substantiate the individual's need for an emotional support animal in a dwelling;

(3) provides a document to a person who offers to rent or otherwise make available a dwelling that misrepresents that the animal is an emotional support animal;

(4) fits an animal that is not an emotional support animal with a harness, collar, vest, or sign that would cause a reasonable person to believe the animal is an emotional support animal; or

(5) in the case of a health service provider:

(A) verifies an individual's disability status and need for an emotional support animal without adequate professional knowledge of the individual's condition to provide a reliable verification; or

(B) charges a fee for providing a written verification for an individual's disability status and need for an emotional support animal, and provides no other service to the individual;

commits a Class A infraction.

As added by P.L.162-2018, SEC.1. Amended by P.L.10-2019, SEC.103.