Sec. 20-126o. Disciplinary action by the department. (a) The Department of
Public Health may take any of the actions set forth in section 19a-17 for any of the
following causes: (1) The presentation to the department of any diploma, license or
certificate illegally or fraudulently obtained, or obtained from an institution that is not
accredited or from an unrecognized or irregular institution or state board, or obtained
by the practice of any fraud or deception; (2) illegal conduct; (3) negligent, incompetent
or wrongful conduct in professional activities; (4) conviction of the violation of any
of the provisions of sections 20-126h to 20-126w, inclusive, by any court of criminal
jurisdiction; (5) the violation of any of the provisions of said sections or of the regulations
adopted hereunder or the refusal to comply with any of said provisions or regulations;
(6) the aiding or abetting in the practice of dental hygiene of a person not licensed to
practice dental hygiene in this state; (7) engaging in fraud or material deception in the
course of professional activities; (8) the effects of physical or mental illness, emotional
disorder or loss of motor skill, including but not limited to, deterioration through the
aging process, upon the license holder; or (9) abuse or excessive use of drugs, including
alcohol, narcotics or chemicals. A violation of any of the provisions of sections 20-126h
to 20-126w, inclusive, by any unlicensed employee in the practice of dental hygiene,
with the knowledge of his employer, shall be deemed a violation thereof by his employer.
The Commissioner of Public Health 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. Said commissioner may petition the superior court for
the judicial district of Hartford to enforce such order or any action taken pursuant to
said section 19a-17.
(b) For purposes of subdivision (7) of subsection (a) of this section, fraud or material
deception shall include, but not be limited to, the following practices: (1) Submission
of a claim form to a third party intentionally reporting incorrect treatment dates for the
purpose of assisting a patient in obtaining benefits under a dental plan, which benefits
would otherwise be disallowed; (2) increasing a fee to a patient for a service in excess
of the fee charged solely because the patient has dental insurance; (3) intentionally
describing a dental hygiene procedure incorrectly on a third-party claim form in order
to receive a greater payment or reimbursement or intentionally misrepresenting a dental
hygiene procedure not otherwise eligible for payment or reimbursement on such claim
form for the purpose of receiving payment or reimbursement; and (4) intentionally accepting payment from a third party as payment in full for patient services rendered when
(A) the patient has been excused from payment of any applicable deductible by the
license holder and (B) such license holder fails to notify the third party of such action.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-149, S. 8; P.A. 95-220, S. 4-6; 95-257, S.
12, 21, 58.)
History: (Revisor's note: P.A. 88-230, P.A. 90-98 and P.A. 93-142 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of the 1994 regular and special sessions,
effective September 1, 1996); P.A. 95-220 changed effective date of P.A. 88-230 from September 1, 1996, to September
1, 1998; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995.
Sec. 20-126p. Change of residence out of state. Any licensed dental hygienist
changing his residence or place of business to another state shall, upon application to
the Department of Public Health, receive a certificate which shall state that he is a
licensed dental hygienist and such certificate shall be given without payment of any fee.
(P.A. 94-149, S. 9; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 20-126q. False representations. No person shall falsely claim to hold a certificate of registration, license, diploma or degree granted by a society, school or by the
Department of Public Health, or, with intent to deceive the public, pretend to be a graduate of any dental hygiene program or college, or append the letters "R.D.H." to his name,
without having the degree indicated by such letters conferred upon him by diploma from
a college, a school, a board of examiners, or other agency empowered to confer the
same.
(P.A. 94-149, S. 10; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 20-126r. Appeal. Any licensee aggrieved by a final decision of the Department of Public Health in suspending or revoking any license under the provisions of
sections 20-126h to 20-126w, inclusive, may appeal therefrom as provided in section
4-183. Appeals brought under this section shall be privileged with respect to the order
of trial assignment.
(P.A. 94-149, S. 11; P.A. 95-257, S. 12, 21, 58; P.A. 96-47, S. 7.)
History: P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-47 changed reference to being aggrieved by "the
action" to "a final decision" of the Department of Public Health.
Sec. 20-126s. Payment for dental hygiene care of patients in chronic and convalescent hospitals and convalescent homes. Payment for dental hygiene care rendered to patients in chronic and convalescent hospitals or convalescent homes shall be
made directly to the dental hygienist rendering such care. The Commissioner of Social
Services shall not be required to recognize the cost of employing or contracting with a
dental hygienist in the rates established for convalescent homes pursuant to section
17b-340.
(P.A. 94-149, S. 12.)
Sec. 20-126t. Penalties. Any person who violates any provision of sections 20-126h to 20-126w, inclusive, shall be fined not more than five hundred dollars or imprisoned not more than five years or both. Any person who continues to practice dental
hygiene or engage as a dental hygienist, after his license or authority to so do has been
suspended or revoked and while such disability continues, shall be fined not more than
five hundred dollars or imprisoned not more than five years or both. For purposes of
this section each instance of patient contact or consultation which is in violation of any
provision of this section shall constitute a separate offense. Failure to renew a license
in a timely manner shall not constitute a violation for the purposes of this section.
(P.A. 94-149, S. 13.)
Sec. 20-126u. Regulations. The Commissioner of Public Health may adopt regulations, in accordance with chapter 54, to implement the provisions of sections 20-126h
to 20-126w, inclusive.
(P.A. 94-149, S. 14; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 20-126v. Transferred to Chapter 379, Sec. 20-126b.
Sec. 20-126w. Construction of chapter. Nothing in sections 20-126h to 20-126u,
inclusive, shall be construed to (1) allow a dental hygienist to practice beyond the parameters of section 20-126l, or (2) prevent a licensed dentist from providing dental hygiene
services.
(P.A. 94-149, S. 24; P.A. 99-197, S. 2.)
History: P.A. 99-197 deleted "the general supervision of a licensed dentist, as defined in".
Sec. 20-126x. Professional liability insurance required, when. Amount of insurance. Reporting requirements. (a) Each person licensed to practice dental hygiene
under the provisions of this chapter who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional
malpractice. The amount of insurance that each such person shall carry as insurance or
indemnity against claims for injury or death for professional malpractice shall not be
less than five hundred thousand dollars for one person, per occurrence, with an aggregate
of not less than one million five hundred thousand dollars.
(b) Each insurance company that issues professional liability insurance, as defined
in subdivisions (1), (6), (7), (8) and (9) of subsection (b) of section 38a-393, shall, on
and after January 1, 1997, render to the Commissioner of Public Health a true record
of the names, according to classification, of cancellations of and refusals to renew professional liability insurance policies and the reasons for such cancellations or refusal to
renew said policies for the year ending on the thirty-first day of December next preceding.
(P.A. 96-133, S. 4.)