Connecticut 2014 Regular Session

Connecticut House Bill HB05327 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 5327
2		-	February Session, 2014 _____HB05327PH____032514____
	1	+	General Assembly Raised Bill No. 5327
	2	+	February Session, 2014 LCO No. 1533
	3	+	01533_______PH_
	4	+	Referred to Committee on PUBLIC HEALTH
	5	+	Introduced by:
	6	+	(PH)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 5327
	10	+	Raised Bill No. 5327
7	11
8	12		February Session, 2014
9	13
10		-	~~_____HB05327PH____032514____~~
	14	+	LCO No. 1533
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12		-	AN ACT CONCERNING THE PROVISION OF SERVICES BY CLASSICAL HOMEOPATHS.
	16	+	01533_______PH_
	17	+
	18	+	Referred to Committee on PUBLIC HEALTH
	19	+
	20	+	Introduced by:
	21	+
	22	+	(PH)
	23	+
	24	+	AN ACT CONCERNING HEALTH FREEDOM AND THE PRACTICE OF CLASSICAL HOMEOPATHY.
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14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16	28		Section 1. (NEW) (Effective October 1, 2014) (a) For purposes of this section:
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18		-	(1) "~~Homeopathy~~" means advice and services: (A) Based on ~~a system that involves administration~~ of ~~minute doses of substances that in massive amounts produce symptoms in healthy persons similar to those of the disease~~; and (B) ~~that are~~ not prohibited under subsection (b) of this section;
	30	+	(1) "Complementary and alternative health care services" means advice and services that are: (A) based on complementary and alternative theories of health and wellness; and (B) not prohibited under subsection (c) of this section;
19	31
20		-	(2) "Classical homeopath" means a person who provides ~~homeopathy~~ and is certified by the Council for Homeopathic Certification; and
	32	+	(2) "Classical homeopath" means a person who provides complimentary and alternative health care services and is certified by the Council for Homeopathic Certification; and
21	33
22		-	(3) "Client" means the recipient or potential recipient of ~~homeopathy~~ from a classical homeopath.
	34	+	(3) "Client" means the recipient or potential recipient of complementary and alternative health care services from a classical homeopath.
23	35
24		-	(b) ~~(1) A classical homeopath who is not otherwise licensed or certified by~~ the ~~Department~~ of Public Health to provide health care services may provide homeopathy, provided a classical homeopath shall not: (A) Conduct surgery or any other procedure that punctures the skin or harmfully invades the body; (B) administer or order the taking of x-rays; (C) set a fracture; (D) prescribe or administer a legend drug, as defined in section 20-~~571~~ of the general statutes, or a ~~controlled substance;~~ ~~(E) recommend the discontinuance of a legend drug or controlled substance that is prescribed by an appropriately licensed~~ health care ~~provider; or (F) hold out, state, indicate, advertise or imply to another person that he or she is a physician.~~
	36	+	(b) Notwithstanding the provisions of section 20-9 of the general statutes, as amended by this act, and section 20-12n of the general statutes, a classical homeopath may provide complementary and alternative health care services.
25	37
26		-	(2) A ~~person~~ who is licensed or certified by the department to provide health care services ~~may provide homeopathy outside~~ the ~~scope~~ of ~~practice for which such~~ person ~~is licensed~~ or ~~certified, provided such person~~ is ~~certified by the Council for Homeopathic Certification~~.
	38	+	(c) A classical homeopath who is not otherwise licensed or certified by the Department of Public Health to provide health care services described in this subsection shall not: (1) Conduct surgery or any other procedure that punctures the skin or harmfully invades the body; (2) administer or order the taking of x-rays; (3) set a fracture; (4) prescribe or administer a legend drug, as defined in section 20-571 of the general statutes, or a controlled substance; (5) recommend the discontinuance of a legend drug or controlled substance that is prescribed by an appropriately licensed health care provider; or (6) hold out, state, indicate, advertise or imply to another person that he or she is a physician.
27	39
28		-	(c) A classical homeopath who provides ~~homeopathy~~ in accordance with this section shall, prior to providing such services: (1) Provide written notification, using plain language, to each client or potential client, that includes (A) a statement that the classical homeopath is not a licensed physician, ~~if applicable,~~ (B) a statement that the services to be provided are not regulated by the state~~, if applicable~~, (C) a description of the nature of the services to be provided, (D) an explanation of the theory upon which the services to be provided are based, and (E) a description of the classical ~~homeopath~~'s education, training, experience and other qualifications relating to the services to be provided; and (2) obtain a written acknowledgment signed by the client stating that such recipient has received the information described in subdivision (1) of this subsection. The classical homeopath shall, prior to providing services, provide each client with a copy of the signed, written acknowledgment described in subdivision (2) of this subsection. The classical homeopath shall retain such acknowledgment for a period of not less than three years from the date on which the ~~acknowledgment~~ was signed.
	40	+	(d) A classical homeopath who provides services in accordance with this section shall, prior to providing such services: (1) Provide written notification, using plain language, to each client or potential client, that includes (A) a statement that the classical homeopath is not a licensed physician, (B) a statement that the services to be provided are not regulated by the state, (C) a description of the nature of the services to be provided, (D) an explanation of the theory upon which the services to be provided are based, and (E) a description of the classical homepath's education, training, experience and other qualifications relating to the services to be provided; and (2) obtain a written acknowledgment signed by the client stating that such recipient has received the information described in subdivision (1) of this subsection. The classical homeopath shall, prior to providing services, provide each client with a copy of the signed, written acknowledgment described in subdivision (2) of this subsection. The classical homeopath shall retain such acknowledgment for a period of not less than three years from the date on which the acknowledgement was signed.
29	41
30		-	(d) Any person who ~~is not licensed pursuant to title 19a or 20 of the general statutes to provide~~ health care services ~~and who advertises homeopathy~~ shall disclose in such advertisement that he or she is not a health care provider licensed by the state.
	42	+	(e) Any person who advertises complementary and alternative health care services shall disclose in such advertisement that he or she is not a health care provider licensed by the state.
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32	44		Sec. 2. Subsection (b) of section 20-9 of the 2014 supplement to the general statutes, as amended by section 138 of public act 13-234, is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
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34	46		(b) The provisions of this chapter shall not apply to:
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36	48		(1) Dentists while practicing dentistry only;
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38	50		(2) Any person in the employ of the United States government while acting in the scope of his employment;
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40	52		(3) Any person who furnishes medical or surgical assistance in cases of sudden emergency;
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42	54		(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;
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44	56		(5) Any physician or surgeon residing out of this state who holds a current license in good standing in another state and 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, provided such physician or surgeon may practice in this state without a Connecticut license for a period not to exceed thirty consecutive days;
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46	58		(6) Any person rendering service as (A) an advanced practice registered nurse if such service is rendered in collaboration with a licensed physician, or (B) an advanced practice registered nurse maintaining classification from the American Association of Nurse Anesthetists if such service is under the direction of a licensed physician;
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48	60		(7) Any nurse-midwife practicing nurse-midwifery in accordance with the provisions of chapter 377;
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50	62		(8) Any podiatrist licensed in accordance with the provisions of chapter 375;
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52	64		(9) Any Christian Science practitioner who does not use or prescribe in his practice any drugs, poisons, medicines, chemicals, nostrums or surgery;
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54	66		(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;
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56	68		(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, resident or medical officer candidate in a hospital;
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58	70		(12) Any student participating in a clinical clerkship program who has the qualifications specified in subsection (b) of section 20-11a;
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60	72		(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;
61	73
62	74		(14) Any person rendering service as a physician assistant licensed pursuant to section 20-12b, a registered nurse, a licensed practical nurse or a paramedic, as defined in subdivision (15) of section 19a-175, acting within the scope of regulations adopted pursuant to section 19a-179, if such service is rendered under the supervision, control and responsibility of a licensed physician;
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64	76		(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;
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66	78		(16) Any person who, on June 1, 1993, has worked continuously in this state since 1979 performing diagnostic radiology services and who, 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;
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68	80		(17) Any person practicing athletic training, as defined in section 20-65f;
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70	82		(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;
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72	84		(19) Any technician engaging in tattooing in accordance with the provisions of section 20-266o or 20-266p and any regulations adopted thereunder;
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74	86		(20) Any person practicing perfusion, as defined in section 20-162aa; [or]
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76		-	(21) Any foreign physician or surgeon (A) participating in supervised clinical training under the direct supervision and control of a physician or surgeon licensed in accordance with the provisions of this chapter, and (B) whose professional activities are confined to a licensed hospital that has a residency program accredited by the Accreditation Council for Graduate Medical Education or that is a primary affiliated teaching hospital of a medical school accredited by the Liaison Committee on Medical Education. Such hospital shall verify that the foreign physician or surgeon holds a current valid license in another country; ~~[.] or~~
	88	+	(21) Any foreign physician or surgeon (A) participating in supervised clinical training under the direct supervision and control of a physician or surgeon licensed in accordance with the provisions of this chapter, and (B) whose professional activities are confined to a licensed hospital that has a residency program accredited by the Accreditation Council for Graduate Medical Education or that is a primary affiliated teaching hospital of a medical school accredited by the Liaison Committee on Medical Education. Such hospital shall verify that the foreign physician or surgeon holds a current valid license in another country; or
77	89
78		-	(22) Any person who is a classical homeopath ~~providing homeopathy~~ in ~~accordance with~~ section 1 of this act.
	90	+	(22) Any person who is a classical homeopath as defined in section 1 of this act.
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83	95		This act shall take effect as follows and shall amend the following sections:
84	96		Section 1 October 1, 2014 New section
85	97		Sec. 2 October 1, 2014 20-9(b)
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87	99		This act shall take effect as follows and shall amend the following sections:
88	100
89	101		Section 1
90	102
91	103		October 1, 2014
92	104
93	105		New section
94	106
95	107		Sec. 2
96	108
97	109		October 1, 2014
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99	111		20-9(b)
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101		-	Statement of ~~Legislative Commissioners~~:
	113	+	Statement of Purpose:
102	114
103		-	~~In sections 1(c)(A) and (B), the phrase "if~~ ~~applicable," was inserted at the end of the phrase, for clarity.~~
	115	+	To allow classical homeopaths to provide certain services.
104	116
105		-
106		-
107		-	PH Joint Favorable Subst.
108		-
109		-	PH
110		-
111		-	Joint Favorable Subst.
	117	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]