Substitute Senate Bill No. 175

Public Act No. 01-109

AN ACT CONCERNING ELECTROLOGISTS AND THE SPINAL CORD INJURY RESEARCH BOARD.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (5) of subsection (a) of section 2c-2b of the general statutes is repealed and the following is substituted in lieu thereof:

(5) Board of Examiners of [Hypertrichologists] Electrologists, established under section 20-268, as amended by this act.

Sec. 2. Subdivision (2) of section 12-407 of the general statutes is repealed and the following is substituted in lieu thereof:

(2) "Sale" and "selling" mean and include: (a) Any transfer of title, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration; (b) any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate commerce, of tangible personal property from the place where it is located for delivery to a point in this state for the purpose of the transfer of title, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of the property for a consideration; (c) the producing, fabricating, processing, printing or imprinting of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the producing, fabricating, processing, printing or imprinting, including but not limited to, sign construction, photofinishing, duplicating and photocopying; (d) the furnishing and distributing of tangible personal property for a consideration by social clubs and fraternal organizations to their members or others; (e) the furnishing, preparing, or serving for a consideration of food, meals or drinks; (f) a transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price; (g) a transfer for a consideration of the title of tangible personal property which has been produced, fabricated or printed to the special order of the customer, or of any publication, including but not limited to, sign construction, photofinishing, duplicating and photocopying; (h) a transfer for a consideration of the occupancy of any room or rooms in a hotel or lodging house for a period of thirty consecutive calendar days or less; (i) the rendering of certain services for a consideration, exclusive of such services rendered by an employee for the employer, as follows: (A) Computer and data processing services, including, but not limited to, time, programming, code writing, modification of existing programs, feasibility studies and installation and implementation of software programs and systems even where such services are rendered in connection with the development, creation or production of canned or custom software or the license of custom software, and exclusive of services rendered in connection with the creation, development hosting or maintenance of all or part of a web site which is part of the graphical, hypertext portion of the Internet, commonly referred to as the World-Wide Web, (B) credit information and reporting services, (C) services by employment agencies and agencies providing personnel services, (D) private investigation, protection, patrol work, watchman and armored car services, exclusive of services of off-duty police officers and off-duty firefighters, (E) painting and lettering services, (F) photographic studio services, (G) telephone answering services, (H) stenographic services, (I) services to industrial, commercial or income-producing real property, including, but not limited to, such services as management, electrical, plumbing, painting and carpentry and excluding any such services rendered in the voluntary evaluation, prevention, treatment, containment or removal of hazardous waste, as defined in section 22a-115, or other contaminants of air, water or soil, provided income-producing property shall not include property used exclusively for residential purposes in which the owner resides and which contains no more than three dwelling units, or a housing facility for low and moderate income families and persons owned or operated by a nonprofit housing organization, as defined in subsection (29) of section 12-412, (J) business analysis, management, management consulting and public relations services, excluding (i) any environmental consulting services, and (ii) any training services provided by an institution of higher education licensed or accredited by the Board of Governors of Higher Education pursuant to section 10a-34, (K) services providing "piped-in" music to business or professional establishments, (L) flight instruction and chartering services by a certificated air carrier on an aircraft, the use of which for such purposes, but for the provisions of subsection (4) of section 12-410 and subsection (12) of section 12-411, would be deemed a retail sale and a taxable storage or use, respectively, of such aircraft by such carrier, (M) motor vehicle repair services, including any type of repair, painting or replacement related to the body or any of the operating parts of a motor vehicle, (N) motor vehicle parking, including the provision of space, other than metered space, in a lot having thirty or more spaces, excluding (i) space in a seasonal parking lot provided by a person who is exempt from taxation under this chapter pursuant to subsection (1), (5) or (8) of section 12-412, (ii) space in a parking lot owned or leased under the terms of a lease of not less than ten years' duration and operated by an employer for the exclusive use of its employees, (iii) valet parking provided at any airport, and (iv) space in municipally-operated railroad parking facilities in municipalities located within an area of the state designated as a severe nonattainment area for ozone under the federal Clean Air Act, (O) radio or television repair services, (P) furniture reupholstering and repair services, (Q) repair services to any electrical or electronic device, including, but not limited to, equipment used for purposes of refrigeration or air-conditioning, (R) lobbying or consulting services for purposes of representing the interests of a client in relation to the functions of any governmental entity or instrumentality, (S) services of the agent of any person in relation to the sale of any item of tangible personal property for such person, exclusive of the services of a consignee selling works of art, as defined in subsection (b) of section 12-376c, or articles of clothing or footwear intended to be worn on or about the human body other than (i) any special clothing or footwear primarily designed for athletic activity or protective use and which is not normally worn except when used for the athletic activity or protective use for which it was designed, and (ii) jewelry, handbags, luggage, umbrellas, wallets, watches and similar items carried on or about the human body but not worn on the body in the manner characteristic of clothing intended for exemption under subdivision (47) of section 12-412, under consignment, exclusive of services provided by an auctioneer, (T) locksmith services, (U) advertising or public relations services, including layout, art direction, graphic design, mechanical preparation or production supervision, not related to the development of media advertising or cooperative direct mail advertising, (V) landscaping and horticulture services, (W) window cleaning services, (X) maintenance services, (Y) janitorial services, (Z) exterminating services, (AA) swimming pool cleaning and maintenance services, (BB) renovation and repair services as set forth in this subparagraph, to other than industrial, commercial or income-producing real property: Paving of any sort, painting or staining, wallpapering, roofing, siding and exterior sheet metal work, (CC) miscellaneous personal services included in industry group 729 in the Standard Industrial Classification Manual, United States Office of Management and Budget, 1987 edition, or U.S. industry 532220, 812191, 812199 or 812990 in the North American Industrial Classification System United States Manual, United States Office of Management and Budget, 1997 edition, exclusive of (i) services rendered by massage therapists licensed pursuant to chapter 384a, and (ii) services rendered by [a hypertrichologist] an electrologist licensed pursuant to chapter 388, (DD) any repair or maintenance service to any item of tangible personal property including any contract of warranty or service related to any such item, (EE) business analysis, management or managing consulting services rendered by a general partner, or an affiliate thereof, to a limited partnership, provided (i) that the general partner, or an affiliate thereof, is compensated for the rendition of such services other than through a distributive share of partnership profits or an annual percentage of partnership capital or assets established in the limited partnership's offering statement, and (ii) the general partner, or an affiliate thereof, offers such services to others, including any other partnership. As used in subparagraph (EE)(i) "an affiliate of a general partner" means an entity which is directly or indirectly owned fifty per cent or more in common with a general partner; and (FF) notwithstanding the provisions of section 12-412, except subsection (87) thereof, patient care services, as defined in subsection (29) of this section by a hospital; (j) the leasing or rental of tangible personal property of any kind whatsoever, including, but not limited to, motor vehicles, linen or towels, machinery or apparatus, office equipment and data processing equipment, provided for purposes of this subdivision and the application of sales and use tax to contracts of lease or rental of tangible personal property, the leasing or rental of any motion picture film by the owner or operator of a motion picture theater for purposes of display at such theater shall not constitute a sale within the meaning of this subsection; (k) the rendering of telecommunications service, as defined in subsection (26) of this section, for a consideration on or after January 1, 1990, exclusive of any such service rendered by an employee for the employer of such employee, subject to the provisions related to telecommunications service in accordance with section 12-407a; (l) the rendering of community antenna television service, as defined in subsection (27) of this section, for a consideration on or after January 1, 1990, exclusive of any such service rendered by an employee for the employer of such employee; (m) the transfer for consideration of space or the right to use any space for the purpose of storage or mooring of any noncommercial vessel, exclusive of dry or wet storage or mooring of such vessel during the period commencing on the first day of November in any year to and including the thirtieth day of April of the next succeeding year; (n) the sale for consideration of naming rights to any place of amusement, entertainment or recreation within the meaning of subdivision (3) of section 12-540; (o) the transfer for consideration of a prepaid telephone calling service, as defined in subsection (34) of this section, and the recharge of a prepaid telephone calling service, provided, if the sale or recharge of a prepaid telephone calling service does not take place at the retailer's place of business and an item is shipped by the retailer to the customer, the sale or recharge shall be deemed to take place at the customer's shipping address, but, if such sale or recharge does not take place at the retailer's place of business and no item is shipped by the retailer to the customer, the sale or recharge shall be deemed to take place at the customer's billing address or the location associated with the customer's mobile telephone number. Wherever in this chapter reference is made to the sale of tangible personal property or services, it shall be construed to include sales described in this subsection, except as may be specifically provided to the contrary.

Sec. 3. Subdivision (15) of subsection (b) of section 19a-14 of the general statutes is repealed and the following is substituted in lieu thereof:

(15) The Board of Examiners of [Hypertrichologists] Electrologists, established under section 20-268, as amended by this act.

Sec. 4. Section 20-267 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this chapter:

(1) ["The practice of hypertrichology"] "The practice of electrology" means the permanent removal of superfluous hair by electrical or other methods approved by the Commissioner of Public Health;

(2) "Board" means the Board of Examiners of [Hypertrichologists] Electrologists; and

(3) "Department" means the Department of Public Health.

Sec. 5. Section 20-268 of the general statutes is repealed and the following is substituted in lieu thereof:

There shall be in the [Department of Public Health] department a Board of Examiners of [Hypertrichologists] Electrologists, composed of five members, one of whom shall be a doctor of medicine licensed to practice medicine and surgery in the state and a diplomate of the American Board of Dermatology, two of whom shall be public members and two of whom shall be practicing [hypertrichologists] electrologists who are residents of this state. The Governor shall appoint the members of [said] the board, subject to the provisions of section 4-9a. [Said] The board shall meet at least once during each calendar quarter and at such other times as the [chairman] chairperson deems necessary. Special meetings shall be held on the request of a majority of the board after notice in accordance with the provisions of section 1-225. A majority of the members of the board shall constitute a quorum. Members shall not be compensated for their services. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. Minutes of all meetings shall be recorded by the board. No member shall participate in the affairs of the board during the pendency of any disciplinary proceedings by the board against such member. No professional member shall be an elected or appointed officer of a professional society of [hypertrichologists] electrologists or have been such an officer during the year immediately preceding [his] such professional member's appointment. [Said] The board shall (1) hear and decide matters concerning suspension or revocation of licensure, (2) adjudicate complaints against practitioners, and (3) impose sanctions where appropriate.

Sec. 6. Section 20-269 of the general statutes is repealed and the following is substituted in lieu thereof:

The [Department of Public Health] department shall hold examinations at least twice each year at such times and places as the Commissioner of Public Health determines. The Commissioner of Public Health, with advice and assistance from the board, shall [make] adopt regulations, in accordance with chapter 54, for the administration of this chapter and for the conduct of the business of [hypertrichology] electrology, which regulations may prescribe requirements concerning the layout, use and equipment of licensees' places of business, all in accordance with the public interest, health and safety. The board, with the consent of the Commissioner of Public Health, shall prescribe the course of training for the practice [thereof] of electrology and shall adopt a schedule and minimum educational requirements. The board shall keep a record of the proceedings of [said] the board, which shall be open to public inspection. The department shall provide the board with all necessary clerical and other assistance, keep [its] the records and files of the board, collect the fees due under this chapter and conduct any investigations and inspections required for the purposes [hereof] of this chapter.

Sec. 7. Section 20-270 of the general statutes is repealed and the following is substituted in lieu thereof:

No person shall engage in the practice of [hypertrichology] electrology, except as [hereinafter] provided in this section, until [he] such person has obtained a license issued by the department. No person shall receive a license, except as [hereinafter] provided in this section, until [he] such person has passed a written, oral and practical examination prescribed by the department with the advice and consent of the board. The examination shall be administered to applicants by the department under the supervision of the board. All applications to the department for examination shall be in writing signed by the applicant and upon blanks, furnished by the department, which shall set forth such facts concerning the applicant as the department may require. Application to the department shall be accompanied by a fee of seventy-five dollars. No person shall be eligible for examination under the provisions of this chapter unless the department finds, from evidence satisfactory to it, presented by the applicant, that [he] such person has met the educational and other requirements prescribed by the board with the consent of the department. The department shall issue a license to any person who has passed such examination, which license shall include a statement that the person named therein has been examined and found qualified to practice [hypertrichology] electrology. The department may waive the written examination for a person who has passed the written examination of a nationally recognized board or agency approved by the department and the board. The department may refuse to grant a license, or the board may revoke such license or take any action set forth in section 19a-17 for the following reasons: (1) The employment of fraud or deception in applying for admittance to examination or in the act of taking an examination; (2) addiction to alcoholic liquor, narcotics or other habit-forming drugs; or (3) conviction in a court of competent jurisdiction, either within or without this state, of any crime in the practice of [his] the person's profession. Such person shall file with the department such certificates and a statement on blanks furnished by the department, subscribed to by the applicant, which shall set forth [his] such person's name, age, place of birth, residence, academic and professional training with such other information as the department requires, and [he] such person shall thereupon receive from [said] the department a license to practice [hypertrichology, which] electrology. Such license shall include a statement that the person named therein is qualified to practice [hypertrichology] electrology. Such license shall also contain a statement defining the practice of [hypertrichology] electrology. The department shall establish a passing score for examinations with the consent of the board. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or territory.

Sec. 8. Section 20-271 of the general statutes is repealed and the following is substituted in lieu thereof:

The license of any [hypertrichologist] electrologist in this state may be revoked or suspended by the board, or such [hypertrichologist] electrologist may be the subject of any action set forth in section 19a-17, after notice and hearing, on the recommendation of the board for any cause [named below] set forth in this section. Proceedings relative to the revocation or suspension of a license or such action may be begun by the filing of written charges, verified by affidavit, with the department. The causes for which a license may be revoked or suspended or for which a practitioner may be the subject of any action set forth in section 19a-17 include: [conviction] (1) Conviction, either within or without this state, of any crime in the practice of [his] the practitioner's profession; (2) fraudulent or deceptive conduct in the course of professional services or activities or illegal, incompetent or negligent conduct, in [his] the practitioner's practice; (3) habitual intemperance in the use of alcoholic liquor or addiction to the use of narcotics or other habit-forming drugs; (4) violation of any provision of this chapter or of any regulation adopted under this chapter; (5) aiding or abetting the unlawful practice of [hypertrichology] electrology; (6) physical or mental illness or emotional disorder or loss of motor skill of the practitioner, including, but not limited to, deterioration through the aging process; [, of the practitioner;] (7) fraud or material deception in obtaining a license; or (8) splitting of fees or offering of commissions or gifts. The Commissioner of Public Health may order a licensee to submit to a reasonable physical or mental examination if [his] the physical or mental capacity of the licensee to practice safely is the subject of an investigation. [Said] The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17.

Sec. 9. Subsection (b) of section 20-275 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Each licensed [hypertrichologist] electrologist applying for license renewal shall furnish evidence satisfactory to the Commissioner of Public Health of having participated in continuing education programs. The commissioner shall adopt regulations, in accordance with chapter 54, to (1) define basic requirements for continuing education programs, (2) delineate qualifying programs, (3) establish a system of control and reporting, and (4) provide for waiver of the continuing education requirement for good cause.

Sec. 10. Section 20-276 of the general statutes is repealed and the following is substituted in lieu thereof:

Each person licensed under the provisions of this chapter to practice [hypertrichology] electrology shall display in a prominent place in [his] such person's place of business [his] such person's original license and [his] annual registration certificate. Such licensee shall not use any title, including the title "Doctor" or "registered nurse" or their synonyms or abbreviations, except ["hypertrichologist"] "electrologist", and shall not use any adjective or qualification in addition to such title except that such licensee may use the title "certified professional electrologist" or its abbreviation "CPE", provided [he] such licensee has been awarded certification by the international board of electrologist certification of The American Electrology Association.

Sec. 11. Section 20-277 of the general statutes is repealed and the following is substituted in lieu thereof:

No provision of this chapter shall be construed to confer any authority to practice medicine or surgery; nor shall this chapter prohibit the practice of [hypertrichology] electrology by a person licensed to practice the healing arts or a person employed in a hospital or in the office of a licensed physician under [his] such physician's immediate direction; nor shall this chapter prohibit the use of nonelectrical cosmetic devices or the use of wax or other proprietary depilatories used for the temporary removal of superfluous hair from the surface of the skin.

Sec. 12. Section 20-278 of the general statutes is repealed and the following is substituted in lieu thereof:

No person shall: (1) Buy, sell or fraudulently obtain or furnish any diploma, certificate, license, record or registration purporting to show that any person is qualified or authorized to practice [hypertrichology] electrology, or participate in any such act; (2) practice or attempt or offer to practice [hypertrichology] electrology under cover of any diploma, certificate, license, record or registration illegally or fraudulently obtained or signed, or issued unlawfully or under fraudulent representation or mistake of fact in a material regard; (3) practice or attempt or offer to practice [hypertrichology] electrology under a name other than [his] such person's own name or under a false or assumed name; (4) aid or abet practice by a person not lawfully licensed to practice electrology within this state or by a person whose license to practice has been suspended or revoked; or (5) use in [his] such person's advertising the word ["hypertrichologist"] "electrologist" or any description of services involving permanent hair removal, without having obtained a license under the provisions of this chapter. [; and no] No person shall, during the time [his] such person's license is revoked or suspended, practice or attempt or offer or advertise to practice [hypertrichology] electrology or be employed by, work or assist, in any way, any person licensed to practice [hypertrichology] electrology. Any person who violates any provision of this section shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

Sec. 13. Special act 99-13 is amended to read as follows:

(a) There is established a Spinal Cord Injury Research Board to research, review and solicit, from public and private agencies, organizations and qualified research institutions, grants funding available to cooperatively conduct spinal cord injury research in Connecticut and to build awareness for the need for further and continual spinal cord injury research within the state.

(b) The research board shall consist of members who volunteer to serve collaboratively in seeking spinal cord research funding for research opportunities and prevention education for the state, appointed by the Governor as follows: One person from The University of Connecticut Medical School; one person from the Yale University School of Medicine; one person from Gaylord Hospital; one person from the Hospital for Special Care; one person from the Eastern Paralyzed Veterans Association; and one person from the Connecticut Chapter of the National Spinal Cord Injury Association.

(c) The research board shall establish policies and procedures for the administration of the board, shall conduct the research and solicitation of grants funding available from outside sources for spinal cord research studies within Connecticut and shall, on or before January 1, 2001, report to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a of the general statutes, on the need for continuation of the Spinal Cord Injury Research Board.

[(d) The Spinal Cord Injury Research Board established by this act shall terminate on October 1, 2001.]

Sec. 14. This act shall take effect from its passage, except that sections 1 to 12, inclusive, shall take effect October 1, 2001.

Approved June 20, 2001