Substitute House Bill No. 5593
          Substitute House Bill No. 5593

              PUBLIC ACT NO. 98-166


AN  ACT  CONCERNING  VETERINARIANS,  A  DEPARTMENT
STUDY  OF  NAIL  CARE  SPECIALISTS,  LICENSURE  OF
BARBERS, MASSAGE THERAPISTS AND MILITARY PHYSICIAN
INTERNS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1. (NEW)  (a)  The  department  shall
investigate each allegation of any act or omission
by a veterinarian  specified  in section 20-202 of
the general statutes.  The  investigation shall be
conducted in accordance  with  the  provisions  of
section 19a-14 of the general statutes, as amended
by this act, to determine if probable cause exists
to issue a  statement  of charges and to institute
proceedings   against   the   veterinarian.   Such
investigation shall be  concluded  not  later than
twelve months from  the  date  the  allegation  is
submitted  to  the   department.
    (b) Except as  provided in subsections (c) and
(d) of this  section,  the  investigation shall be
confidential and not  subject  to disclosure under
section 1-19 of  the general statutes, as amended,
and  no  person  may  disclose  knowledge  of  the
investigation  to  a   third   party   unless  the
veterinarian requests that  the  investigation  be
open.
    (c) If the  department  makes  a finding of no
probable cause to take action under section 20-202
of the general statutes or fails to make a finding
within  the  twelve-month   period   required   by
subsection (b) of  this  section,  the  allegation
submitted  pursuant  to  subsection  (a)  of  this
section and the entire record of the investigation
may  remain  confidential   and  no  person  shall
disclose  knowledge of  such  investigation  to  a
third party unless  the veterinarian requests that
it be open.
    (d) If the  department  makes  a  finding that
there  is probable  cause  to  take  action  under
section  20-202  of   the  general  statutes,  the
allegation submitted pursuant to subsection (a) of
this  section  and   the  entire  record  of  such
investigation shall be  deemed a public record, in
accordance  with  section   1-19  of  the  general
statutes, as amended.
    Sec. 2. Section 20-206 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)  Any  person   who   practices  veterinary
medicine, surgery [and]  OR dentistry in violation
of any of  the provisions of this chapter [, for a
first offense, shall  be fined not more than three
hundred dollars and,  for  a  subsequent  offense,
shall be fined  not more than five hundred dollars
or imprisoned not  more  than  one  year  or both]
SHALL  BE  SUBJECT  TO  THE  DISCIPLINARY  ACTIONS
SPECIFIED IN SECTION 19a-17.
    (b) Any person  not  licensed  as  provided in
this  chapter  who   represents   himself   as   a
veterinarian or, having  had his license suspended
or revoked continues  to  represent  himself  as a
veterinarian or carries  on  veterinary  medicine,
surgery or dentistry as defined in section 20-197,
shall be fined not more than three hundred dollars
or imprisoned not  more  than  six months or both.
Failure to renew  a  license  in  a  timely manner
shall not constitute  a violation for the purposes
of  this subsection.  Any  such  person  shall  be
enjoined from such  practice by the Superior Court
upon  application  by  the  Connecticut  Board  of
Veterinary  Medicine.  The  Department  of  Public
Health  may, on  its  own  initiative  or  at  the
request  of the  board,  investigate  any  alleged
violation  of  this  chapter  or  any  regulations
adopted thereunder.
    Sec. 3. Subsection  (d)  of  section 19a-14 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (d)  [All]  EXCEPT   AS  PROVIDED  IN  SECTION
20-13e, ALL records  obtained by the department in
connection with any  investigation  of a person or
facility   over   which    the    department   has
jurisdiction  under this  chapter,  other  than  a
physician as defined in subdivision (5) of section
20-13a, shall not  be  subject  to [the provisions
of] DISCLOSURE UNDER section 1-19, AS AMENDED, for
a period of one year from the date of the petition
or other event  initiating  such investigation, or
until such time as the investigation is terminated
pursuant  to  a   withdrawal   or  other  informal
disposition  or  until   a   hearing  is  convened
pursuant to chapter  54,  whichever  is earlier. A
complaint,  as  defined   in  subdivision  (6)  of
section 19a-13, shall be subject to the provisions
of section 1-19, AS AMENDED, from the time that it
is served or  mailed  to  the  respondent. Records
which are otherwise  public  records  shall not be
deemed confidential merely  because they have been
obtained in connection with an investigation under
this chapter.
    Sec. 4. Subsection  (a)  of  section 20-11a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) No person  shall  participate in an intern
or resident physician  program  OR  UNITED  STATES
MEDICAL OFFICER CANDIDATE  TRAINING  PROGRAM until
he has received  a permit issued by the Department
of  Public Health.  The  permit  shall  be  issued
solely for purposes  of  participation in graduate
education as an  intern,  [or] resident OR MEDICAL
OFFICER CANDIDATE in  a  hospital. No person shall
receive a permit  until a statement has been filed
with the department  on his behalf by the hospital
administrator  certifying  that   he   is   to  be
appointed  an intern,  [or]  resident  OR  MEDICAL
OFFICER CANDIDATE in  the hospital and that he has
received the degree  of  doctor of medicine or its
equivalent and, if  educated  outside  the  United
States or Canada  (1)  has  successfully completed
all  components  of   a  "fifth  pathway  program"
conducted by an American medical school accredited
by the Liaison  Committee  on Medical Education or
(2) received certification  from  the  Educational
Commission for Foreign  Medical  Graduates  or (3)
has  successfully completed  the  examination  for
licensure prescribed by the department pursuant to
section 20-10 or (4) holds a current valid license
in another state or territory.
    Sec. 5. Subsection  (b) of 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:
    (b) The provisions  of  this chapter shall not
apply to: (1)  Dentists while practicing dentistry
only; (2) any  person  in the employ of the United
States government while acting in the scope of his
employment; (3) any  person  who furnishes medical
or  surgical  assistance   in   cases   of  sudden
emergency; (4) 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  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 person  rendering  service  as an advanced
practice  registered  nurse  if  such  service  is
rendered  under  the   direction   of  a  licensed
physician;   (7)  any   nurse-midwife   practicing
nurse-midwifery in accordance  with the provisions
of chapter 377;  (8)  any  podiatrist  licensed in
accordance with the provisions of chapter 375; (9)
any Christian Science  practitioner  who  does not
use  or  prescribe  in  his  practice  any  drugs,
poisons,   medicines,   chemicals,   nostrums   or
surgery; (10) 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  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  OR MEDICAL
OFFICER CANDIDATE in  a hospital; (12) any student
participating in a  clinical clerkship program who
has the qualifications specified in subsection (b)
of  section 20-11a;  (13)  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
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  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 person who, on June
1, 1993, has  worked  continuously  in  this state
since   1978   performing   diagnostic   radiology
services and who continues 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 person  performing  athletic  training as
described in section  19a-16a; (18) 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;   (19)   any
technician  engaging in  tattooing  in  accordance
with the provisions  of  section  19a-92a  and any
regulations adopted thereunder.
    Sec. 6. (a) The Commissioner of Public Health,
within available appropriations,  shall  conduct a
study on the  public  health  effect of permitting
unlicensed persons to engage in nail care and face
and skin care. The study may include, but need not
be  limited  to,   a   survey   of   local  health
authorities  as  to   the  number  and  nature  of
complaints of adverse  health  effects  from  such
activity. For the  purposes  of  the  study, "nail
care" includes silk  wraps,  acrylics, gell nails,
stenciling,   French   manicures,    and   similar
practices for esthetic  reasons  that could impact
public health; and  "face  and skin care" includes
the  application of  cosmetic  samples  in  retail
stores,  facial  massage,   the   application   of
depilatories,   waxing,  sanding,   tweezing   and
similar practices for  esthetic reasons that could
impact public health.
    (b)  Not  later  than  January  1,  1999,  the
commissioner shall submit  a report on the study's
findings and recommendations to the joint standing
committee having cognizance of matters relating to
public health, in  accordance  with the provisions
of subsection (a) of this section.
    Sec. 7. Subsection  (a)  of  section 20-236 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) The Department of Public Health shall hold
at least four  examinations  each  year,  at  such
times as it may determine and in such locations as
may be convenient,  notice  of each examination to
be given at least ten days before such examination
to individual applicants.  Any  person desiring to
obtain a license  shall  make  application to said
department therefor, shall  pay  to the department
an examination fee  of  fifty  dollars  and  shall
present himself at  the  next regular examination.
Thereupon, the Department  of  Public Health shall
examine such person,  and, being satisfied that he
possesses a diploma, certificate or other evidence
satisfactory   to   said    department,    showing
graduation  from  the   eighth  grade  of  grammar
school, or possesses an equivalent education to be
determined  on  examination,   is  free  from  any
communicable disease, has successfully completed a
course of not  less  than fifteen hundred hours of
study,  both  of   theory  and  practice,  at  any
Connecticut barber school  or  barber  college, or
any  barber  school   or   barber   college  whose
requirements  are  equivalent   to   those   of  a
Connecticut barber school  or  barber college, and
are approved by  the board with the consent of the
Commissioner of Public  Health,  or is a currently
practicing, competent barber  who  holds a license
to practice the  occupation of barber in any other
state having equivalent or higher entry standards,
has the requisite  skill  in said trade to perform
all the duties  thereof, including the preparation
of  the  tools,   shaving,   haircutting  and  all
services  incident  thereto,  and  has  sufficient
knowledge concerning the  common  diseases  of the
face  and  skin   to  avoid  the  aggravation  and
spreading of such diseases in the practice of said
trade, shall thereupon  issue  to  such  person  a
license entitling him  to  practice the occupation
of master barber  in this state for one year. Said
department may declare  forfeited  the application
fee of any  applicant  who has failed to appear at
three successive examinations. No license shall be
issued without examination  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  without
examination  under  this   section.   Examinations
required for licensure under this chapter shall be
prescribed by the  department  with the advice and
assistance  of the  board.  The  department  shall
establish  a  passing   score   for   examinations
required under this  chapter  with  the advice and
assistance of the  board.  Any  person who holds a
license to practice the occupation of barbering in
any  other state  or  territory  having  licensure
standards similar to  or higher than those of this
state  OR  ANY  PERSON  WHO  HOLDS  A  LICENSE  TO
PRACTICE THE OCCUPATION  OF BARBERING IN ANY OTHER
STATE OR TERRITORY  FOR  A PERIOD OF NOT LESS THAN
FORTY  YEARS  shall   be  eligible  for  licensure
without examination.
    Sec. 8. Subsection  (e)  of section 20-206b of
the general statutes,  as amended by section 11 of
public act 97-213,  is  repealed and the following
is substituted in lieu thereof:
    (e)   Notwithstanding   the    provisions   of
subsection (a) of  this  section, the commissioner
may issue a  license  to  an applicant who submits
evidence satisfactory to  the  commissioner [, not
later than October  1,  1997,  of  (1) an advanced
degree,  from  a  foreign  institution  of  higher
learning, with a]  OF (1) A LICENSE, CERTIFICATION
OR TRAINING WITH FOCUS ON THERAPEUTIC MASSAGE FROM
ANOTHER STATE OR  JURISDICTION  WITH  REQUIREMENTS
SUBSTANTIALLY SIMILAR TO  OR  HIGHER THAN THOSE OF
THIS  STATE,  (2)   A  LICENSE,  CERTIFICATION  OR
TRAINING WITH focus  on  therapeutic  massage FROM
ANOTHER STATE OR JURISDICTION and a minimum of ten
years' experience as a massage therapist, PROVIDED
APPLICATION IS MADE  ON OR BEFORE OCTOBER 1, 1998,
or [(2)] (3) Connecticut licensure as a registered
nurse and certification  (A)  as  a  neuromuscular
therapist or (B)  by  the  National  Certification
Board for Massage and Body Work.
    Sec. 9. This  act  shall  take effect from its
passage.

Approved June 4, 1998