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repealed and the  following is substituted in lieu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