Substitute House Bill No. 5510
Substitute House Bill No. 5510
PUBLIC ACT NO. 98-43
AN ACT CONCERNING PROFESSIONAL COUNSELORS,
HAIRDRESSER AND COSMETICIANS AND DIAGNOSTIC
RADIOLOGY SERVICES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 2 of public act 97-311 is
repealed and the following is substituted in lieu
thereof:
(a) Except as provided in subsection (c) of
this section, no person may practice professional
counseling unless [he is] licensed pursuant to
section 20-195cc.
(b) No person may use the title "licensed
professional counselor" or make use of any title,
words, letters or abbreviations that may
reasonably be confused with licensure as a
professional counselor unless [he is] licensed
pursuant to section 20-195cc.
(c) No license as a professional counselor
shall be required of the following: (1) A person
who furnishes uncompensated assistance in an
emergency; (2) a clergyman, priest, minister,
rabbi or practitioner of any religious
denomination accredited by the religious body to
which [he] THE PERSON belongs and settled in the
work of the ministry, provided the activities that
would otherwise require a license as a
professional counselor are within the scope of
ministerial duties; (3) a sexual assault
counselor, as defined in section 52-146k; (4) a
person participating in uncompensated [self-help
group counseling or peer] GROUP OR INDIVIDUAL
counseling; (5) a person licensed or certified by
any agency of this state and performing services
within the scope of practice for which [he is]
licensed or certified; (6) a student, intern or
trainee pursuing a course of study in counseling
in a regionally accredited institution of higher
education, provided the activities that would
otherwise require a license as a professional
counselor are performed under supervision and
constitute a part of a supervised course of study;
(7) a person employed by an institution of higher
education to provide academic counseling in
conjunction with the institution's programs and
services; or (8) a vocational rehabilitation
counselor, job counselor, credit counselor,
consumer counselor or any other counselor or
psychoanalyst who does not [hold himself out as]
PURPORT TO BE a counselor whose primary service is
the application of established principles of
psycho-social development and behavioral science
to the evaluation, assessment, analysis and
treatment of emotional, behavioral or
interpersonal dysfunction or difficulties that
interfere with mental health and human
development.
Sec. 2. Section 4 of public act 97-311 is
repealed and the following is substituted in lieu
thereof:
(a) Except as provided in [subsection]
SUBSECTIONS (b) AND (c) of this section, [on and
after January 1, 1999,] an applicant for a license
as a professional counselor shall submit evidence
satisfactory to the Commissioner of Public Health
[that he has] OF HAVING: (1) Completed sixty
graduate semester hours deemed to be in or related
to the discipline of professional counseling by
the National Board for Certified Counselors, or
its successor organization, at a regionally
accredited institution of higher education, which
included the core and clinical curriculum of the
Council for Accreditation of Counseling and
Related Educational Programs and preparation in
principles of etiology, diagnosis, treatment
planning and prevention of mental and emotional
disorders and dysfunctional behavior, and has
earned, from a regionally accredited institution
of higher education with a major deemed to be in
the discipline of professional counseling by the
National Board for Certified Counselors or its
successor organization, either (A) a master's [or
sixth-year] degree of at least forty-two graduate
semester hours OR A MASTER'S DEGREE AND A
SIXTH-YEAR DEGREE, or (B) a doctoral degree; (2)
acquired three thousand hours of
postgraduate-degree-supervised experience in the
practice of professional counseling, performed
over a period of not less than one year, that
included a minimum of one hundred hours of direct
supervision by (A) a physician licensed pursuant
to chapter 370 who has obtained certification in
psychiatry from the American Board of Psychiatry
and Neurology, (B) a psychologist licensed
pursuant to chapter 383, (C) AN ADVANCED PRACTICE
REGISTERED NURSE LICENSED PURSUANT TO CHAPTER 378
AND CERTIFIED AS A CLINICAL SPECIALIST IN ADULT
PSYCHIATRIC AND MENTAL HEALTH NURSING WITH THE
AMERICAN NURSES CREDENTIALING CENTER, (D) a
marital and family therapist licensed pursuant to
chapter 383a, (E) a clinical social worker
licensed pursuant to chapter 383b, [or] (F) a
professional counselor licensed, OR PRIOR TO
OCTOBER 1, 1998, ELIGIBLE FOR LICENSURE, pursuant
to section 3 of [this act] PUBLIC ACT 97-311, OR
(G) A PHYSICIAN CERTIFIED IN PSYCHIATRY BY THE
AMERICAN BOARD OF PSYCHIATRY AND NEUROLOGY,
PSYCHOLOGIST, ADVANCED PRACTICE REGISTERED NURSE
CERTIFIED AS A CLINICAL SPECIALIST IN ADULT
PSYCHIATRIC AND MENTAL HEALTH NURSING WITH THE
AMERICAN NURSES CREDENTIALING CENTER, MARITAL AND
FAMILY THERAPIST, CLINICAL SOCIAL WORKER OR
PROFESSIONAL COUNSELOR LICENSED OR CERTIFIED AS
SUCH 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; and
(3) passed an examination prescribed by the
commissioner.
(b) [Except as provided in subsection (c) of
this section, prior] PRIOR to [January] JULY 1,
1999, an applicant for a license as a professional
counselor [shall] MAY, IN LIEU OF THE REQUIREMENTS
SET FORTH IN SUBSECTION (a) OF THIS SECTION,
submit evidence satisfactory to the commissioner
[that he has] OF HAVING: (1) Earned a master's
degree, sixth-year degree or doctoral degree from
a regionally accredited institution of higher
education with a major the National Board for
Certified Counselors or its successor organization
deems to be in the discipline of professional
counseling; (2) practiced professional counseling
for a minimum of two years WITHIN A FIVE-YEAR
PERIOD immediately preceding [October 1, 1997]
APPLICATION; and (3) passed an examination
prescribed by the Commissioner of Public Health.
(c) An applicant for licensure by endorsement
shall present evidence satisfactory to the
commissioner that [he] THE APPLICANT is licensed
or certified as a professional counselor, 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 and that [he has
no pending disciplinary action or unresolved
complaint against him] THERE ARE NO DISCIPLINARY
ACTIONS OR UNRESOLVED COMPLAINTS PENDING.
Sec. 3. Section 20-9 of the general statutes,
as amended by section 17 of public act 97-311, is
repealed and the following is substituted in lieu
thereof:
(a) No person shall, for compensation, gain or
reward, received or expected, diagnose, treat,
operate for or prescribe for any injury,
deformity, ailment or disease, actual or
imaginary, of another person, nor practice
surgery, until he has obtained such a license as
provided in section 20-10, and then only in the
kind or branch of practice stated in such license.
(b) The provisions of this chapter shall not
apply to:
(1) Dentists while practicing dentistry only;
(2) [any] ANY person in the employ of the
United States government while acting in the scope
of his employment;
(3) [any] ANY person who furnishes medical or
surgical assistance in cases of sudden emergency;
(4) [any] ANY person residing out of this
state who is employed to come into this state to
render temporary assistance to or consult with any
physician or surgeon who has been licensed in
conformity with the provisions of this chapter;
(5) [any] ANY physician or surgeon then
actually residing out of this state 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;
(6) [any] ANY person rendering service as an
advanced practice registered nurse if such service
is rendered under the direction of a licensed
physician;
(7) [any] ANY nurse-midwife practicing
nurse-midwifery in accordance with the provisions
of chapter 377;
(8) [any] ANY podiatrist licensed in
accordance with the provisions of chapter 375;
(9) [any] ANY Christian Science practitioner
who does not use or prescribe in his practice any
drugs, poisons, medicines, chemicals, nostrums or
surgery;
(10) [any] ANY person licensed to practice any
of the healing arts named in section 20-1, who
does not use or prescribe in his practice any
drugs, medicines, poisons, chemicals, nostrums or
surgery;
(11) [any] ANY graduate of any school or
institution giving instruction in the healing arts
who has been issued a permit in accordance with
subsection (a) of section 20-11a and who is
serving as an intern or resident in a hospital;
(12) [any] ANY student participating in a
clinical clerkship program who has the
qualifications specified in subsection (b) of
section 20-11a;
(13) [any] ANY person, otherwise qualified to
practice medicine in this state except that he is
a graduate of a medical school located outside of
the United States or the Dominion of Canada which
school is recognized by the American Medical
Association or the World Health Organization, to
whom the Connecticut Medical Examining Board,
subject to such regulations as the Commissioner of
Public Health, with advice and assistance from the
board, prescribes, has issued a permit to serve as
an intern or resident in a hospital in this state
for the purpose of extending his education;
(14) [any] ANY person rendering service as a
physician assistant licensed pursuant to section
20-12b, a registered nurse, a licensed practical
nurse or a licensed paramedic, if such service is
rendered under the supervision, control and
responsibility of a licensed physician;
(15) [any] ANY student enrolled in an
accredited physician assistant program or
paramedic program approved in accordance with
regulations adopted pursuant to section 19a-179,
who is performing such work as is incidental to
his course of study;
(16) [any] ANY person who, on June 1, 1993,
has worked continuously in this state since [1978]
1979 performing diagnostic radiology services and
who, [continues] AS OF OCTOBER 31, 1997, CONTINUED
to render such services under the supervision,
control and responsibility of a licensed physician
solely within the setting where such person was
employed on June 1, 1993;
(17) [any] ANY person performing athletic
training as described in section 19a-16a;
(18) [when] WHEN deemed by the Connecticut
Medical Examining Board to be in the public's
interest, based on such considerations as academic
attainments, specialty board certification and
years of experience, to a foreign physician or
surgeon whose professional activities shall be
confined within the confines of a recognized
medical school; OR
(19) [any] ANY technician engaging in
tattooing in accordance with the provisions of
section 19a-92a and any regulations adopted
thereunder.
(c) This section shall not authorize anyone to
practice optometry as defined in chapter 380 or to
practice dentistry or dental hygiene as defined in
chapter 379.
(d) The provisions of subsection (a) of this
section shall apply to any individual whose
practice of medicine includes any ongoing, regular
or contractual arrangement whereby, regardless of
residency in this or any other state, he provides,
through electronic communications or interstate
commerce, diagnostic or treatment services,
including primary diagnosis of pathology
specimens, slides or images, to any person located
in this state. In the case of electronic
transmissions of radiographic images, licensure
shall be required for an out-of-state physician
who provides, through an ongoing, regular or
contractual arrangement, official written reports
of diagnostic evaluations of such images to
physicians or patients in this state. The
provisions of subsection (a) of this section shall
not apply to a nonresident physician who, while
located outside this state, consults (A) on an
irregular basis with a physician licensed by
section 20-10 who is located in this state or (B)
with a medical school within this state for
educational or medical training purposes.
Notwithstanding the provisions of this subsection,
the provisions of subsection (a) of this section
shall not apply to any individual who regularly
provides the types of services described in this
subsection pursuant to any agreement or
arrangement with a short-term acute care general
hospital, licensed by the Department of Public
Health, provided such agreement or arrangement was
entered into prior to February 1, 1996, and is in
effect as of October 1, 1996.
Sec. 4. Section 20-252 of the general statutes
is repealed and the following is substituted in
lieu thereof:
No person shall engage in the occupation of
registered hairdresser and cosmetician without
having obtained a license from the department.
Persons desiring such licenses shall apply in
writing on forms furnished by the department. No
license shall be issued, except a renewal
certificate, to a registered hairdresser and
cosmetician unless the applicant has shown to the
satisfaction of the department that he has
complied with the laws and the regulations of the
department. No applicant shall be licensed as a
registered hairdresser and cosmetician, except by
renewal of a license, until he has made written
application to the department, setting forth by
affidavit that he has successfully completed the
[ninth] EIGHTH grade or he has passed an
equivalency examination, evidencing such
education, prepared by the Commissioner of
Education and conducted by the Department of
Public Health and that he has completed a course
of not less than fifteen hundred hours of study in
a school approved in accordance with the
provisions of this chapter or in a school teaching
hairdressing and cosmetology under the supervision
of the State Board of Education and until he has
passed a written examination satisfactory to the
department. Examinations required for licensure
under this chapter shall be prescribed by the
department with the advice and assistance of the
board and shall be administered by the department
under the supervision of the board. The department
shall establish a passing score for examinations
with the advice and assistance of the board which
shall be the same as the passing score established
in section 20-236.
Approved May 19, 1998