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is repealed and the following is substituted in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