Connecticut Seal

Substitute House Bill No. 6677

Public Act No. 03-252

AN ACT CONCERNING REVISIONS TO CERTAIN DEPARTMENT OF PUBLIC HEALTH STATUTES.

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

Section 1. Section 19a-2a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The Commissioner of Public Health shall employ the most efficient and practical means for the prevention and suppression of disease and shall administer all laws under the jurisdiction of the Department of Public Health and the Public Health Code. He shall have responsibility for the overall operation and administration of the Department of Public Health. The commissioner shall have the power and duty to: (1) Administer, coordinate and direct the operation of the department; (2) adopt and enforce regulations, in accordance with chapter 54, as are necessary to carry out the purposes of the department as established by statute; (3) establish rules for the internal operation and administration of the department; (4) establish and develop programs and administer services to achieve the purposes of the department as established by statute; (5) contract for facilities, services and programs to implement the purposes of the department as established by statute; (6) designate a deputy commissioner or other employee of the department to sign any license, certificate or permit issued by said department; (7) conduct a hearing, issue subpoenas, administer oaths, compel testimony and render a final decision in any case when a hearing is required or authorized under the provisions of any statute dealing with the Department of Public Health; (8) with the health authorities of this and other states, secure information and data concerning the prevention and control of epidemics and conditions affecting or endangering the public health, and compile such information and statistics and shall disseminate among health authorities and the people of the state such information as may be of value to them; (9) annually issue a list of reportable diseases and reportable laboratory findings and amend such list as he deems necessary and distribute such list as well as any necessary forms to each licensed physician and clinical laboratory in this state. He shall prepare printed forms for reports and returns, with such instructions as may be necessary, for the use of directors of health, boards of health and registrars of vital statistics; (10) specify uniform methods of keeping statistical information by public and private agencies, organizations and individuals, including a client identifier system, and collect and make available relevant statistical information, including the number of persons treated, frequency of admission and readmission, and frequency and duration of treatment. The client identifier system shall be subject to the confidentiality requirements set forth in section 17a-688 and regulations adopted thereunder. [; (11) make an inspection, at least once each year, of all public hospitals, asylums, prisons, schools and other institutions, within available appropriations. ] The commissioner may designate any person to perform any of the duties listed in subdivision (7) of this section. He shall have authority over directors of health and may, for cause, remove any such director; but any person claiming to be aggrieved by such removal may appeal to the Superior Court which may affirm or reverse the action of the commissioner as the public interest requires. He shall assist and advise local directors of health in the performance of their duties, and may require the enforcement of any law, regulation or ordinance relating to public health. When requested by local directors of health, he shall consult with them and investigate and advise concerning any condition affecting public health within their jurisdiction. He shall investigate nuisances and conditions affecting, or that he has reason to suspect may affect, the security of life and health in any locality and, for that purpose, he, or any person authorized by him so to do, may enter and examine any ground, vehicle, apartment, building or place, and any person designated by him shall have the authority conferred by law upon constables. Whenever he determines that any provision of the general statutes or regulation of the Public Health Code is not being enforced effectively by a local health department, he shall forthwith take such measures, including the performance of any act required of the local health department, to ensure enforcement of such statute or regulation and shall inform the local health department of such measures. In September of each year he shall certify to the Secretary of the Office of Policy and Management the population of each municipality. The commissioner may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of or contract for money, services or property from the federal government, the state or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant or contract. The commissioner may establish state-wide and regional advisory councils.

Sec. 2. Section 19a-14b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) For the purposes of this section and sections 20-420 and 20-432, the following terms shall have the following meanings unless the context clearly denotes otherwise:

(1) "Radon diagnosis" means evaluating buildings found to have levels of radon gas that are higher than the guidelines promulgated by this state or the United States Environmental Protection Agency and recommending appropriate remedies to eliminate radon.

(2) "Radon mitigation" means taking steps including, but not limited to, installing ventilation systems, sealing entry routes for radon gas and installing subslab depressurization systems to reduce radon levels in buildings.

(3) ["Primary testing companies"] "Analytical measurement service providers" means companies or individuals that have their own analysis capability for radon measurement but may or may not offer measurement services directly to the public.

(4) ["Secondary testing companies"] "Residential measurement service providers" means [companies] individuals that offer services that include, but are not limited to, detector placement and home inspection and consultation but do not have their own analysis capability [. Such firms must] and utilize the services of [a primary testing company or laboratory] an analytical measurement service provider for [its] their detector analysis.

(5) "Residential mitigation service providers" means individuals that offer services that include, but are not limited to, radon diagnosis or radon mitigation.

[(b) The Department of Public Health shall publish a list from time to time of: Companies that perform radon mitigation or diagnosis, primary testing companies and secondary testing companies. A company that performs radon mitigation shall appear on such list only if evidence is presented, satisfactory to the Commissioner of Public Health, that every employee that performs mitigation does so under the direction of an onsite supervisor who is included in the current proficiency report of the United States Environmental Protection Agency National Radon Contractor Proficiency (RCP) Program. A primary testing company and a secondary testing company shall appear on such list only if evidence is presented, satisfactory to the commissioner, that the company is included in the current proficiency report of the United States Environmental Protection Agency National Radon Measurement Proficiency (RMP) Program and persons or companies performing radon diagnostic evaluation are included in the current proficiency reports of both the National Radon Measurement Proficiency (RMP) Program and the National Radon Contractor Proficiency (RCP) Program. ]

(b) The Department of Public Health shall maintain a list of companies or individuals that are included in current lists of national radon proficiency programs that have been approved by the Commissioner of Public Health.

(c) The Department of Public Health shall adopt regulations, in accordance with chapter 54, establishing safe levels of radon in potable water.

Sec. 3. Subsection (a) of section 19a-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The Commissioner of Public Health shall establish a Public Health Code and, from time to time, amend the same. The Public Health Code may provide for the preservation and improvement of the public health. Said code may include regulations pertaining to retail food establishments, including, but not limited to, food service establishments, catering food service establishments and itinerant food vending establishments. Drainage and toilet systems to be installed in any house or building arranged or designed for human habitation, or field sanitation provided for agricultural workers or migratory farm laborers, shall conform to minimum requirements prescribed in said code. Said code may include regulations requiring toilets and handwashing facilities in large stores, as defined in such regulations, in shopping centers and in places dispensing food or drink for consumption on the premises, for the use of patrons of such establishments, except that the provisions of such regulations shall not apply to such establishments constructed or altered pursuant to plans and specifications approved or building permits issued prior to October 1, 1977. The provisions of such regulations (1) with respect to the requirement of employing a qualified food operator and any reporting requirements relative to such operator, shall not apply to an owner or operator of a soup kitchen who relies exclusively on services provided by volunteers, and (2) shall not prohibit the sale of food at a noncommercial function such as an educational, religious, political or charitable organization's bake sale or pot luck supper provided the seller maintains such food under the temperature, pH level and water activity level conditions which will inhibit the rapid and progressive growth of infectious or toxigenic microorganisms. For the purposes of this section, a "noncommercial function" means a function where food is sold by a person not regularly engaged in the business of selling such food. Each regulation adopted by the Commissioner of Public Health shall state the date on which it shall take effect, and a copy thereof, signed by the Commissioner of Public Health, shall be filed in the office of the Secretary of the State and a copy sent by said commissioner to each director of health, and such regulation shall be published in such manner as the Commissioner of Public Health may determine. Any person who violates any provision of the Public Health Code shall be fined not more than one hundred dollars or imprisoned not more than three months or both.

Sec. 4. Section 19a-229 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

[(a)] Any person aggrieved by an order issued by a town, city or borough director of health may [, not later than forty-eight hours after the making of such order,] appeal to the Commissioner of Public Health not later than three business days after the date of such person's receipt of such order, who shall thereupon immediately notify the authority from whose order the appeal was taken, and examine into the merits of such case, and may vacate, modify or affirm such order.

[(b) Notwithstanding the requirements of subsection (a) of this section, any person aggrieved by an order regarding lead paint abatement under section 19a-111c may appeal to the commissioner not later than three business days after the receipt of such order. ]

Sec. 5. Section 19a-269 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The Commissioner of Public Health shall: (1) Recommend minimum criteria for dialysis facilities and transplantation centers; (2) recommend medical criteria for eligibility of kidney disease patients for any available state assistance; (3) recommend programs of detection, prevention and public education concerning kidney disease; (4) recommend research into problems associated with kidney disease; (5) review all existing medical and social programs related to kidney disease to assure that all patients shall receive, with a minimum of duplication of financial and physical resources, the best possible health care.

[(b) The Commissioner of Public Health shall, on or before November 30, 1978, and annually thereafter, report to the Governor and to the General Assembly the results of his studies and recommendations for such executive and legislative action as he finds beneficial to the public interest. ]

[(c)] (b) In the performance of his duties, the Commissioner of Public Health may order the preparation of books, reports and records and may pay for the expert advisors and assistants for making his studies and formulating his recommendations from funds made available by the Department of Public Health from the appropriation to said Department of Public Health.

Sec. 6. (NEW) (Effective October 1, 2003) (a) As used in this section, "homeopathic physician" means a physician who prescribes the single remedy in the minimum dose in potentized form, selected from the law of similars.

(b) Subject to the provisions of this section, no person shall practice as a homeopathic physician until such person has obtained a license to practice medicine and surgery from the Department of Public Health in accordance with chapter 370 of the general statutes. No license as a homeopathic physician shall be required of a graduate of any school or institution giving instruction in the healing arts who is completing a post-graduate medical training in homeopathy pursuant to subsection (c) of this section.

(c) Applicants for licensure as a homeopathic physician shall, in addition to meeting the requirements of section 20-10 of the general statutes, have successfully completed not less than one hundred twenty hours of post-graduate medical training in homeopathy offered by an institution approved by the Connecticut Homeopathic Medical Examining Board or the American Institute of Homeopathy, or one hundred twenty hours of post-graduate medical training in homeopathy under the direct supervision of a licensed homeopathic physician, which shall consist of thirty hours of theory and ninety hours of clinical practice. The Connecticut Homeopathic Medical Examining Board shall approve any training completed under the direction of a licensed homeopathic physician.

Sec. 7. (NEW) (Effective October 1, 2003) Notwithstanding the provisions of section 20-37 of the general statutes, the Department of Public Health may grant a license by endorsement to a natureopathic physician who presents evidence satisfactory to the Commissioner of Public Health that the applicant is licensed or certified as a natureopathic physician, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction whose requirements for practicing in such capacity are substantially similar to or higher than those of this state. The department may require such applicant to provide evidence satisfactory to the commissioner that the applicant understands Connecticut laws and regulations relating to the practice of natureopathy. The fee for such license shall be four hundred fifty dollars. 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.

Sec. 8. Subdivision (5) of subsection (b) of section 20-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(5) Any physician or surgeon [then actually] residing out of this state who holds a current license in good standing in another state and who is employed to come into this state to treat, operate or prescribe for any injury, deformity, ailment or disease from which the person who employed such physician, or the person on behalf of whom such physician is employed, is suffering at the time when such nonresident physician or surgeon is so employed, provided such physician or surgeon may practice in this state without a Connecticut license for a period not to exceed thirty consecutive days.

Sec. 9. Section 20-74c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

[The commissioner may waive the examination for any person certified as an occupational therapist registered (OTR) or as a certified occupational therapy assistant (COTA) by the American Occupational Therapy Association, if the commissioner considers the requirements for certification to be equivalent to the requirements for licensure in this chapter. The commissioner may waive the examination for any applicant who shall present proof of current licensure as an occupational therapist or an occupational therapy assistant in another state, the District of Columbia, or any territory of the United States which requires standards for licensure considered by the commissioner to be equivalent to the requirements for licensure of this chapter in respect to examination, education, and experience. ] Notwithstanding the provisions of section 20-74b, the commissioner may grant a license by endorsement to an occupational therapist or occupational therapy assistant who presents evidence satisfactory to the commissioner that the applicant is licensed or certified as an occupational therapist or occupational therapy assistant, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction whose requirements for practicing in such capacity are substantially similar to those of this state. 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.

Sec. 10. Section 20-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) Said board may adopt a seal. The Commissioner of Public Health, with advice and assistance from the board, and in consultation with the State Board of Education, shall [promulgate] adopt regulations, in accordance with the provisions of chapter 54, permitting and setting standards for courses for the training of practical nurses to be offered in high schools and vocational schools for students who have not yet acquired a high school diploma. Students who satisfactorily complete courses approved by said Board of Examiners for Nursing, with the consent of the Commissioner of Public Health, as meeting such standards shall be given credit for each such course toward the requirements for a practical nurse's license. All schools of nursing in this state, except such schools accredited by the National League for Nursing or other [successor] professional accrediting association approved by the United States Department of Education and recognized by the Commissioner of Public Health, and all schools for training licensed practical nurses and all hospitals connected [therewith, which] to such schools that prepare persons for examination under the provisions of this chapter, shall be visited periodically by a representative of the Department of Public Health who shall be a registered nurse or a person experienced in the field of nursing education. The board shall keep a list of all nursing programs and all programs for training licensed practical nurses [which] that are approved by it, with the consent of the Commissioner of Public Health, as maintaining the standard for the education of nurses and the training of licensed practical nurses as established by the commissioner. The board shall consult, where possible, with nationally recognized accrediting agencies when approving schools.

Sec. 11. Subsection (a) of section 20-102cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The Department of Public Health shall receive, investigate and prosecute complaints against individuals who are providing or have provided services as a nurse's aide in a chronic and convalescent nursing home or rest home with nursing supervision. The grounds for complaint shall include resident abuse, resident neglect, misappropriation of resident property, and fraud or deceit in obtaining or attempting to obtain a registration as a nurse's aide. A nurse's aide shall be given written notice by certified mail by the commissioner of any complaint against him or her. [The] A nurse's aide [may, within thirty days of the date of the notice, make] who wishes to appeal a complaint against him or her shall, not later than thirty days after the date of the mailing, file with the department a request in writing for a hearing to contest the complaint. The commissioner shall render a finding on such complaint, and, if a hearing is requested, it shall be conducted pursuant to chapter 54. The commissioner shall have the authority to render a finding and enter such finding on the registry against an individual who is providing or has provided services as a nurse's aide in a chronic and convalescent nursing home or rest home with nursing supervision, without regard to whether such individual is on the registry or has obtained registration as a nurse's aide from the department.

Sec. 12. Section 20-195d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The department is authorized to conduct investigations and take disciplinary actions as set forth in section 19a-17 for any of the following reasons: (1) Fraud or material deception in procuring or attempting to procure licensure; (2) illegal conduct, incompetence or negligence in carrying out professional functions; (3) any occupationally disabling emotional disorder or mental illness; (4) physical illness including, but not limited to, deterioration through the aging process; (5) abuse or excessive use of drugs, including alcohol, narcotics or chemicals; (6) fraud or material deception in the course of professional activities; (7) wilful and significant falsification of entries in any hospital, patient or other record; and (8) violation of any provision of this chapter, any regulation adopted pursuant to this chapter, or any provisions of subdivision (6) of subsection (a) of section 19a-14. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his physical or mental capacity to practice safely is the subject of an investigation. 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. 13. Section 20-198 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

No person shall be granted such a license until the department finds that [he] such person (1) was graduated with the degree of doctor of veterinary medicine, or its equivalent, from a school of veterinary medicine, surgery or dentistry which, at the time such person graduated, was accredited by the American Veterinary Medical Association if such school is located in the United States, its territories or Canada, or (2) if graduated from a school located outside of the United States, its territories or Canada, has demonstrated to the satisfaction of the department that [he] such person has completed a degree program equivalent in level, content and purpose to the degree of doctor of veterinary medicine as granted by a school of veterinary medicine, surgery or dentistry which is accredited by the American Veterinary Medical Association. No person who was graduated from a school of veterinary medicine, surgery or dentistry which is located outside the United States, its territories or Canada shall be granted a license unless [he] such person has also received certification from the Educational Commission for Foreign Veterinary Graduates [of the American Veterinary Medical Association] or Program for the Assessment of Veterinary Education Equivalence. The department may, under such regulations as the Commissioner of Public Health may adopt, with the advice and assistance of the board, deny eligibility for licensure to a graduate of a school which has been found to have provided fraudulent or inaccurate documentation regarding either the school's educational program or the academic credentials of graduates of the school's program or to have failed to meet educational standards prescribed in such regulations.

Sec. 14. Section 20-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

[The] Notwithstanding the provisions of section 20-198, as amended by this act, the Department of Public Health may [without examination] issue a license by endorsement to any veterinarian of good professional character who is currently licensed and practicing in some other state or territory, having requirements for admission determined by the department to be at least equal to the requirements of this state, [upon certificate from the board of examiners or like board of the state or territory in which such veterinarian was a practitioner certifying to his competency and that he is a veterinarian of professional attainment and] upon the payment of a fee of four hundred fifty dollars to said department. [The Department of Public Health,] Notwithstanding the provisions of section 20-198, as amended by this act, the department may, upon payment of a fee of four hundred fifty dollars, issue a license without examination to a currently practicing, competent veterinarian in another state or territory who (1) [graduated with the degree of doctor of veterinary medicine, or its equivalent, from a school of veterinary medicine, surgery or dentistry which at the time he graduated was accredited by the American Veterinary Medical Association; (2)] holds a current valid license in good professional standing issued after examination by another state or territory which maintains licensing standards which, except for examination, are commensurate with this state's standards, and [(3)] (2) has worked continuously as a licensed veterinarian in an academic or clinical setting in another state or territory for a period of not less than five years immediately preceding the application for licensure without examination. 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. The department shall inform the board annually of the number of applications it receives for licensure under this section.

Sec. 15. Subsection (n) of section 25-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(n) (1) On and after the effective date of regulations adopted under this subsection, no person may operate any water treatment plant or water distribution system that treats or supplies water used or intended for use by the public, test any backflow prevention device, or perform a cross connection survey without a certificate issued by the commissioner under this subsection. The commissioner shall adopt regulations, in accordance with chapter 54, to provide: (A) Standards for the operation of such water treatment plants and water distribution systems; (B) standards and procedures for the issuance of certificates to operators of such water treatment plants and water distribution systems; (C) procedures for the renewal of such certificates every three years; [and] (D) standards for training required for the issuance or renewal of a certificate; and (E) standards and procedures for the issuance and renewal of certificates to persons who test backflow prevention devices or perform cross connection surveys. Such regulations shall be consistent with applicable federal law and guidelines for operator certification programs promulgated by the United States Environmental Protection Agency, and shall be adopted and filed with the Secretary of the State pursuant to section 4-172 not later than February 1, 2001.

(2) The commissioner may take any disciplinary action set forth in section 19a-17, except for the assessment of a civil penalty under subdivision (6) of subsection (a) of [said] section 19a-17, against an operator, a person who tests backflow prevention devices or a person who performs cross connection surveys holding a certificate issued under this subsection for any of the following reasons: (A) Fraud or material deception in procuring a certificate, the renewal of a certificate or the reinstatement of a certificate; (B) fraud or material deception in the performance of the certified operator's professional activities; (C) incompetent, negligent or illegal performance of the certified operator's professional activities; (D) conviction of the certified operator for a felony; or (E) failure of the certified operator to complete the training required under subdivision (1) of this subsection.

Sec. 16. Section 25-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Town, city and borough directors of health shall, when in their judgment health may be menaced or impaired through a water supply, send, subject to the approval of the Department of Public Health, samples of such water to said department for examination and analysis. Said department shall perform such examination and analysis without charge unless such town, city or borough is to be reimbursed for the expense of any such examination and analysis, and in such event a fee shall be charged in accordance with a schedule of fees [directly related to operating costs] to be established by the Commissioner of Public Health, based upon nationally recognized standards and performance measures for such examination and analysis. Any person, firm or corporation which operates or maintains a laboratory in which any determination, examination or analysis is made of any sample of water or sewage as a basis for advice as to the sanitary quality of such water or sewage or as to any possible danger to health involved, unless such laboratory has been approved specifically for that purpose by the Department of Public Health, after meeting the requirements established by said department, shall be fined not more than one hundred dollars.

Sec. 17. Section 19a-490d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Each health care facility or institution licensed by the Department of Public Health pursuant to this chapter, [shall,] if advised by the federal Occupational Safety and Health Administration, and each health care facility or institution that employs state employees, except the dental clinics operated by The University of Connecticut Health Center and its divisions, the school of dental medicine of The University of Connecticut and the dental clinics of said school until such time as manufacturers have designed and are making needles that have self-contained secondary precautionary type sheathing devices for dental medicine, shall use only injectable equipment having self-contained secondary precautionary type sheathing devices or alternate devices designed to prevent accidental needlestick injuries. The provisions of this section shall not apply to any drug or biologic product that is prepackaged with an administration system or used in a prefilled syringe and is approved for commercial distribution or investigational use by the federal Food and Drug Administration, provided a sharp object injury protection disposal system is in place.

Sec. 18. Subsection (b) of section 19a-111a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(b) Within available appropriations, the Commissioner of Public Health may contract with individuals, groups or agencies for the provision of necessary services and enter into assistance agreements with municipalities, cities, boroughs or district departments of health or special service districts for the development and implementation of comprehensive lead poisoning prevention programs consistent with the provisions of sections 19a-110 to [19a-111d] 19a-111c, inclusive.

Sec. 19. Section 19a-111b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Within the lead poisoning prevention program established pursuant to section 19a-111a, as amended by this act:

(1) The commissioner shall institute an educational and publicity program in order to inform the general public, teachers, social workers and other human services personnel; owners of residential property, and in particular, buildings constructed prior to 1950; and health services personnel of the danger, frequency and sources of lead poisoning and methods of preventing such poisoning;

(2) The commissioner shall establish an early diagnosis program to detect cases of lead poisoning. Such program shall include, but not be limited to, the routine examination of children under the age of six in accordance with protocols promulgated by the National Centers for Disease Control. Results equal to or greater than the levels specified in section 19a-110 from any examination pursuant to sections 19a-110 to [19a-111d] 19a-111c, inclusive, shall be provided to the child's parent or legal guardian, the local director of health and the commissioner; and

(3) The commissioner shall establish a program for the detection of sources of lead poisoning. Within available appropriations, such program shall include the identification of dwellings in which paint, plaster or other accessible substances contain toxic levels of lead and the inspection of areas surrounding such dwellings for lead-containing materials. Any person who detects a toxic level of lead, as defined by the commissioner, shall report such findings to the commissioner. The commissioner shall inform all interested parties, including but not limited to, the owner of the building, the occupants of the building, enforcement officials and other necessary parties.

Sec. 20. Subsection (e) of section 20-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) Any physician licensed in another state [,whose] who is board certified in pediatrics or family medicine, or whose state standards for licensure are equivalent to or greater than those required in this state, may practice as a youth camp physician in this state without a license for a period not to exceed nine weeks.

Sec. 21. Subsection (c) of section 20-195o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(c) (1) Each person licensed pursuant to this chapter may apply for renewal of such licensure in accordance with the provisions of subsection (e) of section 19a-88. A fee of one hundred fifty dollars shall accompany each renewal application. Each such applicant shall furnish evidence satisfactory to the commissioner of having participated in continuing education. The commissioner shall adopt regulations in accordance with chapter 54 to [(1)] (A) define basic requirements for continuing education programs, [(2)] (B) delineate qualifying programs, [(3)] (C) establish a system of control and reporting, and [(4)] (D) provide for waiver of the continuing education requirement for good cause.

(2) A person licensed pursuant to this chapter who holds a professional educator certificate that is endorsed for school social work and issued by the State Board of Education pursuant to sections 10-144o to 10-149, inclusive, may satisfy the continuing education requirements contained in regulations adopted pursuant to this section by successfully completing professional development activities pursuant to subsection (l) of section 10-145b, provided the number of continuing education hours completed by such person is equal to the number of hours per registration period required by such regulations. For purposes of this subdivision, "registration period" means the one-year period during which a license has been renewed in accordance with section 19a-88 and is current and valid.

Sec. 22. Subsection (b) of section 19a-77 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) For registration and licensing requirement purposes, child day care services shall not include such services which are:

(1) (A) Administered by a public school system, or (B) administered by a municipal agency or department and located in a public school building for students enrolled in that school;

(2) Administered by a private school which is in compliance with section 10-188 and is approved by the State Board of Education or is accredited by an accrediting agency recognized by the State Board of Education;

(3) Recreation operations such as but not limited to creative art studios for children that offer parent-child recreational programs and classes in music, dance, drama and art that are no longer than two hours in length, library programs, boys' and girls' clubs, church-related activities, scouting, camping or community-youth programs;

(4) Informal arrangements among neighbors or relatives in their own homes, provided the relative is limited to any of the following degrees of kinship by blood or marriage to the child being cared for or to the child's parent: Child, grandchild, sibling, niece, nephew, aunt, uncle or child of one's aunt or uncle;

(5) Drop-in supplementary child care operations for educational or recreational purposes and the child receives such care infrequently where the parents are on the premises; [or]

(6) Drop-in supplementary child care operations in retail establishments where the parents are on the premises for retail shopping, in accordance with section 19a-77a, provided that the drop-in supplementary child-care operation does not charge a fee and does not refer to itself as a child day care center; or

(7) Religious educational activities administered by a religious institution exclusively for children whose parents or legal guardians are members of such religious institution.

Sec. 23. (Effective October 1, 2003) Notwithstanding the provisions of section 20-195c of the general statutes, during the period from October 1, 2003, to October 31, 2003, inclusive, the Department of Public Health shall issue a license to practice as a marital and family therapist under chapter 383a of the general statutes to any applicant who presents to the department satisfactory evidence that the applicant: (1) Earned a masters degree in Guidance and Personnel Services prior to 1992; (2) holds current clinical membership from the American Association of Marital and Family Therapists originally issued prior to 1992; and (3) has provided counseling services for not less than ten years within the fifteen-year period immediately preceding the date of application.

Sec. 24. Section 19a-302 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

If at any time such association fails to comply with the provisions of section 19a-301, the selectmen of the town in which such cemetery is located shall take over the care of said fund and file an annual report with the Probate Court in accordance with the provisions of section 19a-301. The selectmen may appoint a cemetery committee consisting of [three members,] not fewer than three nor more than seven members who are residents of such town. [, one to serve for a term of two years, one for four years and one for six years, and biennially] If three members are appointed, one shall serve for a term of two years, one for a term of four years and one for a term of six years; if four members are appointed, one shall serve for a term of two years, one for a term of four years and two for a term of six years; if five members are appointed, one shall serve for a term of two years, two for a term of four years and two for a term of six years; if six members are appointed, two shall serve for a term of two years, two for a term of four years and two for a term of six years; and if seven members are appointed, two shall serve for a term of two years, two for a term of four years and three for a term of six years. Biennially thereafter they may appoint one member for a term of six years to replace [the] each member whose term expires. Said committee shall have all of the powers and duties of a committee established as provided in section 19a-301.

Sec. 25. (Effective October 1, 2003) Section 19a-111d of the general statutes is repealed.

Approved July 9, 2003