50 | | - | (a) (1) Except as otherwise provided in [subsections (b) and (c) of] this section, an applicant for a license as a clinical professional counselor shall submit evidence satisfactory to the [Commissioner of Public Health] commissioner of having: [(1)] (A) Completed sixty graduate semester hours in or related to the discipline of counseling at a regionally accredited institution of higher education, [which] that included coursework in each of the following areas: [(A)] (i) Human growth and development, [(B)] (ii) social and cultural foundations, [(C)] (iii) counseling theories and techniques or helping relationships, [(D)] (iv) group dynamics, [(E)] (v) processing and counseling, [(F)] (vi) career and lifestyle development, [(G)] (vii) appraisals or tests and measurements for individuals and groups, [(H)] (viii) research and evaluation, and [(I)] (ix) professional orientation to counseling; [(2)] (B) earned, from a regionally accredited institution of higher education a master's or doctoral degree in social work, marriage and family therapy, counseling, psychology or a related mental health field; [(3)] (C) 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)] (i) a physician licensed pursuant to chapter 370 who has obtained certification in psychiatry from the American Board of Psychiatry and Neurology, [(B)] (ii) a psychologist licensed pursuant to chapter 383, [(C)] (iii) 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)] (iv) a marital and family therapist licensed pursuant to chapter 383a, [(E)] (v) a clinical social worker licensed pursuant to chapter 383b, [(F)] (vi) a professional counselor licensed, or prior to October 1, 1998, eligible for licensure, pursuant to section 20-195cc, as amended by this act, or [(G)] (vii) 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 [(4)] (D) passed an examination prescribed by the commissioner. |
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| 62 | + | (a) Except as otherwise provided in [subsections (b) and (c) of] this section, an applicant for a license as a clinical professional counselor shall submit evidence satisfactory to the [Commissioner of Public Health] commissioner of having: (1) Completed sixty graduate semester hours in or related to the discipline of counseling at a regionally accredited institution of higher education, [which] that included coursework in each of the following areas: (A) Human growth and development, (B) social and cultural foundations, (C) counseling theories and techniques or helping relationships, (D) group dynamics, (E) processing and counseling, (F) career and lifestyle development, (G) appraisals or tests and measurements for individuals and groups, (H) research and evaluation, and (I) professional orientation to counseling; (2) earned, from a regionally accredited institution of higher education a master's or doctoral degree in social work, marriage and family therapy, counseling, psychology or a related mental health field; (3) 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, (F) a professional counselor licensed, or prior to October 1, 1998, eligible for licensure, pursuant to section 20-195cc, 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] in the practice of professional counseling under professional supervision; and (4) passed an examination prescribed by the commissioner. |
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59 | 69 | | |
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60 | 70 | | Sec. 5. Section 20-195ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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61 | 71 | | |
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62 | 72 | | The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 against a licensed clinical professional counselor or a licensed master professional counselor for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice professional counseling; (4) fraud or deceit in the practice of professional counseling; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; (8) wilful falsification of entries in any hospital, patient or other record pertaining to professional counseling; or (9) violation of any provision of sections 20-195aa to 20-195dd, inclusive, as amended by this act, or any regulation adopted pursuant to section 20-195ff. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to said section 19a-17. The commissioner shall give notice and an opportunity to be heard on any contemplated action under said section 19a-17. |
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63 | 73 | | |
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64 | 74 | | Sec. 6. Subdivision (20) of section 4e-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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65 | 75 | | |
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66 | 76 | | (20) "Professional services" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, including, but not limited to, the professional services of architects, professional engineers, or jointly by architects and professional engineers, landscape architects, certified public accountants and public accountants, land surveyors, attorneys-at-law, psychologists, licensed marital and family therapists, licensed clinical professional counselors, licensed master professional counselors and licensed clinical social workers as well as such other professional services described in section 33-182a, as amended by this act; |
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67 | 77 | | |
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68 | 78 | | Sec. 7. Section 5-206a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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69 | 79 | | |
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70 | 80 | | The Commissioner of Administrative Services shall establish a job classification series for marital and family therapists licensed under chapter 383a and clinical professional counselors and master professional counselors licensed under chapter 383c. |
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71 | 81 | | |
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72 | 82 | | Sec. 8. Subdivision (7) of section 17a-22ee of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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73 | 83 | | |
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74 | 84 | | (7) "Therapist" means any (A) physician licensed pursuant to chapter 370 who specializes in psychiatry, (B) psychologist [or professional counselor] licensed pursuant to chapter 383, (C) marital and family therapist licensed pursuant to chapter 383a, [or] (D) clinical social worker or master social worker licensed pursuant to chapter 383b, or (E) clinical professional counselor or master professional counselor licensed pursuant to chapter 383c; and |
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75 | 85 | | |
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76 | 86 | | Sec. 9. Subsection (f) of section 17a-78 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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77 | 87 | | |
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79 | 89 | | |
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80 | 90 | | Sec. 10. Subsection (b) of section 17a-101 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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81 | 91 | | |
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82 | 92 | | (b) The following persons shall be mandated reporters: (1) Any physician or surgeon licensed under the provisions of chapter 370, (2) any resident physician or intern in any hospital in this state, whether or not so licensed, (3) any registered nurse, (4) any licensed practical nurse, (5) any medical examiner, (6) any dentist, (7) any dental hygienist, (8) any psychologist, (9) any school employee, as defined in section 53a-65, (10) social worker, (11) any person who holds or is issued a coaching permit by the State Board of Education, is a coach of intramural or interscholastic athletics and is eighteen years of age or older, (12) any individual who is employed as a coach or director of youth athletics and is eighteen years of age or older, (13) any individual who is employed as a coach or director of a private youth sports organization, league or team and is eighteen years of age or older, (14) any paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer employed by a public or private institution of higher education who is eighteen years of age or older, excluding student employees, (15) any police officer, (16) any juvenile or adult probation officer, (17) any juvenile or adult parole officer, (18) any member of the clergy, (19) any pharmacist, (20) any physical therapist, (21) any optometrist, (22) any chiropractor, (23) any podiatrist, (24) any mental health professional, (25) any physician assistant, (26) any person who is a licensed or certified emergency medical services provider, (27) any person who is a licensed or certified alcohol and drug counselor, (28) any person who is a licensed marital and family therapist, (29) any person who is a sexual assault counselor or a domestic violence counselor, as defined in section 52-146k, (30) any person who is a licensed clinical professional counselor or a licensed master professional counselor, (31) any person who is a licensed foster parent, (32) any person paid to care for a child in any public or private facility, child care center, group child care home or family child care home licensed by the state, (33) any employee of the Department of Children and Families, (34) any employee of the Department of Public Health, (35) any employee of the Office of Early Childhood who is responsible for the licensing of child care centers, group child care homes, family child care homes or youth camps, (36) any paid youth camp director or assistant director, (37) the Child Advocate and any employee of the Office of the Child Advocate, and (38) any family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department. |
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83 | 93 | | |
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84 | 94 | | Sec. 11. Subsection (c) of section 17b-28e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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85 | 95 | | |
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86 | 96 | | (c) Not later than October 1, 2014, the Commissioner of Social Services shall amend the Medicaid state plan to include services provided by the following licensed behavioral health clinicians in independent practice to Medicaid recipients who are twenty-one years of age or older: (1) Psychologists licensed under chapter 383, (2) clinical social workers licensed under subsection (c) or (e) of section 20-195n, (3) alcohol and drug counselors licensed under section 20-74s, (4) clinical professional counselors or master professional counselors licensed under sections 20-195cc and 20-195dd, as amended by this act, and (5) marital and family therapists licensed under section 20-195c. The commissioner shall include such services as optional services covered under the Medicaid program and provide direct Medicaid reimbursements to such licensed behavioral health clinicians who are enrolled as Medicaid providers and who treat such Medicaid recipients in independent practice settings. The commissioner may implement policies and procedures necessary to implement this subsection in advance of regulations, provided the commissioner prints notice of intent to adopt the regulations in accordance with section 17b-10 not later than twenty days after the date of implementation of such policies and procedures. Such policies and procedures shall be valid until the time final regulations are adopted. |
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87 | 97 | | |
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88 | 98 | | Sec. 12. Subsection (c) of section 19a-14 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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89 | 99 | | |
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90 | 100 | | (c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health: |
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91 | 101 | | |
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92 | 102 | | (1) Speech and language pathologist and audiologist; |
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93 | 103 | | |
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94 | 104 | | (2) Hearing instrument specialist; |
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95 | 105 | | |
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96 | 106 | | (3) Nursing home administrator; |
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97 | 107 | | |
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98 | 108 | | (4) Sanitarian; |
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99 | 109 | | |
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100 | 110 | | (5) Subsurface sewage system installer or cleaner; |
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101 | 111 | | |
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102 | 112 | | (6) Marital and family therapist; |
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103 | 113 | | |
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104 | 114 | | (7) Nurse-midwife; |
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105 | 115 | | |
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106 | 116 | | (8) Licensed clinical social worker; |
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107 | 117 | | |
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108 | 118 | | (9) Respiratory care practitioner; |
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109 | 119 | | |
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110 | 120 | | (10) Asbestos contractor and asbestos consultant; |
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111 | 121 | | |
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112 | 122 | | (11) Massage therapist; |
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113 | 123 | | |
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114 | 124 | | (12) Registered nurse's aide; |
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115 | 125 | | |
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116 | 126 | | (13) Radiographer; |
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117 | 127 | | |
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118 | 128 | | (14) Dental hygienist; |
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119 | 129 | | |
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120 | 130 | | (15) Dietitian-Nutritionist; |
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121 | 131 | | |
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122 | 132 | | (16) Asbestos abatement worker; |
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123 | 133 | | |
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124 | 134 | | (17) Asbestos abatement site supervisor; |
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125 | 135 | | |
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126 | 136 | | (18) Licensed or certified alcohol and drug counselor; |
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127 | 137 | | |
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128 | 138 | | (19) [Professional] Licensed clinical professional counselor or licensed master professional counselor; |
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129 | 139 | | |
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130 | 140 | | (20) Acupuncturist; |
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131 | 141 | | |
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132 | 142 | | (21) Occupational therapist and occupational therapist assistant; |
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133 | 143 | | |
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134 | 144 | | (22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and planner-project designer; |
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135 | 145 | | |
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136 | 146 | | (23) Emergency medical technician, advanced emergency medical technician, emergency medical responder and emergency medical services instructor; |
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137 | 147 | | |
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138 | 148 | | (24) Paramedic; |
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139 | 149 | | |
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140 | 150 | | (25) Athletic trainer; |
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141 | 151 | | |
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142 | 152 | | (26) Perfusionist; |
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143 | 153 | | |
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144 | 154 | | (27) Master social worker subject to the provisions of section 20-195v; |
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145 | 155 | | |
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146 | 156 | | (28) Radiologist assistant, subject to the provisions of section 20-74tt; |
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147 | 157 | | |
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148 | 158 | | (29) Homeopathic physician; |
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149 | 159 | | |
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150 | 160 | | (30) Certified water treatment plant operator, certified distribution system operator, certified small water system operator, certified backflow prevention device tester and certified cross connection survey inspector, including certified limited operators, certified conditional operators and certified operators in training; |
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151 | 161 | | |
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152 | 162 | | (31) Tattoo technician; and |
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153 | 163 | | |
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154 | 164 | | (32) Genetic counselor. |
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155 | 165 | | |
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156 | 166 | | The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection. |
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157 | 167 | | |
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158 | 168 | | Sec. 13. Subdivision (11) of subsection (a) of section 19a-906 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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159 | 169 | | |
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160 | 170 | | (11) "Telehealth provider" means any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, clinical professional counselor or master professional counselor licensed under chapter 383c or dietitian-nutritionist certified under chapter 384b, who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession. |
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161 | 171 | | |
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162 | 172 | | Sec. 14. Subdivision (7) of section 20-195m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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163 | 173 | | |
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169 | 179 | | |
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170 | 180 | | Sec. 16. Subdivision (1) of section 33-182a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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171 | 181 | | |
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172 | 182 | | (1) "Professional service" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, limited to the professional services rendered by dentists, naturopaths, chiropractors, physicians and surgeons, physician assistants, doctors of dentistry, physical therapists, occupational therapists, podiatrists, optometrists, nurses, nurse-midwives, veterinarians, pharmacists, architects, professional engineers, or jointly by architects and professional engineers, landscape architects, real estate brokers, insurance producers, certified public accountants and public accountants, land surveyors, psychologists, attorneys-at-law, licensed marital and family therapists, licensed clinical professional counselors, licensed master professional counselors and licensed clinical social workers. |
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173 | 183 | | |
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174 | 184 | | Sec. 17. Subdivision (25) of section 34-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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175 | 185 | | |
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176 | 186 | | (25) "Professional service" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, limited to the professional services rendered by dentists, naturopaths, chiropractors, physicians and surgeons, doctors of dentistry, physical therapists, occupational therapists, podiatrists, optometrists, nurses, nurse-midwives, veterinarians, pharmacists, architects, professional engineers, or jointly by architects and professional engineers, landscape architects, real estate brokers, insurance producers, certified public accountants and public accountants, land surveyors, psychologists, attorneys-at-law, licensed marital and family therapists, licensed clinical professional counselors, licensed master professional counselors, licensed or certified alcohol and drug counselors and licensed clinical social workers. |
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177 | 187 | | |
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178 | 188 | | Sec. 18. Subsections (e) to (g), inclusive, of section 38a-488a of the 2016 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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179 | 189 | | |
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180 | 190 | | (e) In the case of benefits payable for the services of a licensed physician or psychologist, such benefits shall be payable for the same services when such services are rendered by: |
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181 | 191 | | |
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182 | 192 | | (1) A clinical social worker who is licensed under the provisions of chapter 383b and who has passed the clinical examination of the American Association of State Social Work Boards and has completed at least two thousand hours of post-master's social work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490; |
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183 | 193 | | |
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184 | 194 | | (2) A social worker who was certified as an independent social worker under the provisions of chapter 383b prior to October 1, 1990; |
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185 | 195 | | |
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186 | 196 | | (3) A licensed marital and family therapist who has completed at least two thousand hours of post-master's marriage and family therapy work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490; |
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187 | 197 | | |
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188 | 198 | | (4) A marital and family therapist who was certified under the provisions of chapter 383a prior to October 1, 1992; |
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189 | 199 | | |
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190 | 200 | | (5) A licensed alcohol and drug counselor, as defined in section 20-74s, or a certified alcohol and drug counselor, as defined in section 20-74s; |
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191 | 201 | | |
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192 | 202 | | (6) A [licensed] clinical professional counselor or a master professional counselor licensed under the provisions of chapter 383c; or |
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193 | 203 | | |
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194 | 204 | | (7) An advanced practice registered nurse licensed under chapter 378. |
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195 | 205 | | |
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196 | 206 | | (f) (1) In the case of benefits payable for the services of a licensed physician, such benefits shall be payable for (A) services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of a psychiatrist, physician, licensed marital and family therapist, or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section; (B) services rendered in a residential treatment facility by a licensed or certified alcohol and drug counselor who is eligible for reimbursement under subdivision (5) of subsection (e) of this section; or (C) services rendered in a residential treatment facility by a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivision (6) of subsection (e) of this section. |
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197 | 207 | | |
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198 | 208 | | (2) In the case of benefits payable for the services of a licensed psychologist under subsection (e) of this section, such benefits shall be payable for (A) services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of such licensed psychologist, licensed marital and family therapist, or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section; (B) services rendered in a residential treatment facility by a licensed or certified alcohol and drug counselor who is eligible for reimbursement under subdivision (5) of subsection (e) of this section; or (C) services rendered in a residential treatment facility by a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivision (6) of subsection (e) of this section. |
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199 | 209 | | |
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200 | 210 | | (g) In the case of benefits payable for the service of a licensed physician practicing as a psychiatrist or a licensed psychologist, under subsection (e) of this section, such benefits shall be payable for outpatient services rendered (1) in a nonprofit community mental health center, as defined by the Department of Mental Health and Addiction Services, in a nonprofit licensed adult psychiatric clinic operated by an accredited hospital or in a residential treatment facility; (2) under the supervision of a licensed physician practicing as a psychiatrist, a licensed psychologist, a licensed marital and family therapist, a licensed clinical social worker, a licensed or certified alcohol and drug counselor, or a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivisions (1) to (6), inclusive, of subsection (e) of this section; and (3) within the scope of the license issued to the center or clinic by the Department of Public Health or to the residential treatment facility by the Department of Children and Families. |
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201 | 211 | | |
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203 | 213 | | |
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204 | 214 | | (e) In the case of benefits payable for the services of a licensed physician or psychologist, such benefits shall be payable for the same services when such services are rendered by: |
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205 | 215 | | |
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206 | 216 | | (1) A clinical social worker who is licensed under the provisions of chapter 383b and who has passed the clinical examination of the American Association of State Social Work Boards and has completed at least two thousand hours of post-master's social work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490; |
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207 | 217 | | |
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208 | 218 | | (2) A social worker who was certified as an independent social worker under the provisions of chapter 383b prior to October 1, 1990; |
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209 | 219 | | |
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210 | 220 | | (3) A licensed marital and family therapist who has completed at least two thousand hours of post-master's marriage and family therapy work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490; |
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211 | 221 | | |
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212 | 222 | | (4) A marital and family therapist who was certified under the provisions of chapter 383a prior to October 1, 1992; |
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213 | 223 | | |
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214 | 224 | | (5) A licensed alcohol and drug counselor, as defined in section 20-74s, or a certified alcohol and drug counselor, as defined in section 20-74s; |
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215 | 225 | | |
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216 | 226 | | (6) A licensed clinical professional counselor or a licensed master professional counselor; or |
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217 | 227 | | |
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218 | 228 | | (7) An advanced practice registered nurse licensed under chapter 378. |
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219 | 229 | | |
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220 | 230 | | (f) (1) In the case of benefits payable for the services of a licensed physician, such benefits shall be payable for (A) services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of a psychiatrist, physician, licensed marital and family therapist or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section; (B) services rendered in a residential treatment facility by a licensed or certified alcohol and drug counselor who is eligible for reimbursement under subdivision (5) of subsection (e) of this section; or (C) services rendered in a residential treatment facility by a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivision (6) of subsection (e) of this section. |
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221 | 231 | | |
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222 | 232 | | (2) In the case of benefits payable for the services of a licensed psychologist under subsection (e) of this section, such benefits shall be payable for (A) services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of such licensed psychologist, licensed marital and family therapist or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section; (B) services rendered in a residential treatment facility by a licensed or certified alcohol and drug counselor who is eligible for reimbursement under subdivision (5) of subsection (e) of this section; or (C) services rendered in a residential treatment facility by a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivision (6) of subsection (e) of this section. |
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223 | 233 | | |
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224 | 234 | | (g) In the case of benefits payable for the service of a licensed physician practicing as a psychiatrist or a licensed psychologist, under subsection (e) of this section, such benefits shall be payable for outpatient services rendered (1) in a nonprofit community mental health center, as defined by the Department of Mental Health and Addiction Services, in a nonprofit licensed adult psychiatric clinic operated by an accredited hospital or in a residential treatment facility; (2) under the supervision of a licensed physician practicing as a psychiatrist, a licensed psychologist, a licensed marital and family therapist, a licensed clinical social worker, a licensed or certified alcohol and drug counselor, or a licensed clinical professional counselor or a licensed master professional counselor who is eligible for reimbursement under subdivisions (1) to (6), inclusive, of subsection (e) of this section; and (3) within the scope of the license issued to the center or clinic by the Department of Public Health or to the residential treatment facility by the Department of Children and Families. |
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225 | 235 | | |
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226 | 236 | | Sec. 20. Subsection (a) of section 46a-11b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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227 | 237 | | |
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228 | 238 | | (a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, any person paid for caring for persons in any facility and any licensed practical nurse, medical examiner, dental hygienist, dentist, occupational therapist, optometrist, chiropractor, psychologist, podiatrist, social worker, school teacher, school principal, school guidance counselor, school paraprofessional, mental health professional, physician assistant, licensed or certified substance abuse counselor, licensed marital and family therapist, speech and language pathologist, clergyman, police officer, pharmacist, physical therapist, licensed clinical professional counselor or licensed master professional counselor or sexual assault counselor or domestic violence counselor, as defined in section 52-146k, who has reasonable cause to suspect or believe that any person with intellectual disability or any individual who receives services from the Department of Developmental Services' Division of Autism Spectrum Disorder Services has been abused or neglected shall, as soon as practicable but not later than seventy-two hours after such person has reasonable cause to suspect or believe that a person with intellectual disability or any individual who receives services from the Department of Developmental Services' Division of Autism Spectrum Disorder Services has been abused or neglected, report such information or cause a report to be made in any reasonable manner to the director or persons the director designates to receive such reports. Such initial report shall be followed up by a written report not later than five calendar days after the initial report was made. Any person required to report under this subsection who fails to make such report shall be fined not more than five hundred dollars. |
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229 | 239 | | |
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230 | 240 | | Sec. 21. Section 52-146s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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231 | 241 | | |
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232 | 242 | | (a) As used in this section: |
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233 | 243 | | |
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234 | 244 | | (1) "Person" means an individual who consults a licensed clinical professional counselor or a licensed master professional counselor for purposes of diagnosis or treatment; |
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235 | 245 | | |
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236 | 246 | | (2) ["Professional counselor"] "Licensed clinical professional counselor" means an individual licensed as a clinical professional counselor pursuant to chapter 383c; |
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237 | 247 | | |
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238 | 248 | | (3) "Communications" means all oral and written communications and records thereof relating to the diagnosis and treatment of a person between such person and a licensed clinical professional counselor or a licensed master professional counselor or between a member of such person's family and a licensed clinical professional counselor or a licensed master professional counselor; |
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239 | 249 | | |
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240 | 250 | | (4) "Consent" means consent given in writing by the person or such person's authorized representative; |
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241 | 251 | | |
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242 | 252 | | (5) "Authorized representative" means (A) an individual empowered by a person to assert the confidentiality of communications which are privileged under this section, or (B) if a person is deceased, the personal representative or next of kin of such person, or (C) if a person is incompetent to assert or waive such person's privileges hereunder, (i) a guardian or conservator who has been or is appointed to act for the person, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the person's nearest relative; |
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243 | 253 | | |
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244 | 254 | | (6) "Licensed master professional counselor" means an individual licensed as a master professional counselor pursuant to chapter 383c. |
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245 | 255 | | |
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246 | 256 | | (b) Except as provided in subsection (c) of this section, a licensed clinical professional counselor or a licensed master professional counselor shall not disclose any such communications unless the person or the authorized representative of such person consents to waive the privilege and allow such disclosure. The person or the authorized representative of such person may withdraw any consent given under the provisions of this section at any time in writing addressed to the individual with whom or the office in which the original consent was filed. The withdrawal of consent shall not affect communications disclosed prior to notice of the withdrawal. |
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247 | 257 | | |
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248 | 258 | | (c) Consent of the person shall not be required for the disclosure of such person's communications: |
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249 | 259 | | |
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250 | 260 | | (1) If a judge finds that a person, after having been informed that the communications would not be privileged, has made the communications to a licensed clinical professional counselor or a licensed master professional counselor in the course of a mental health assessment ordered by the court, provided the communications shall be admissible only on issues involving the person's mental health condition; |
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251 | 261 | | |
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252 | 262 | | (2) If, in a civil proceeding, a person introduces such person's mental health condition as an element of the claim or defense of such person or, after a person's death, the condition of such person is introduced by a party claiming or defending through or as a beneficiary of the person, and the judge finds that it is more important to the interests of justice that the communications be disclosed than that the relationship between the person and the licensed clinical professional counselor or the licensed master professional counselor be protected; |
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253 | 263 | | |
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254 | 264 | | (3) Where mandated by any other provision of the general statutes; |
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255 | 265 | | |
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256 | 266 | | (4) Where the licensed clinical professional counselor or the licensed master professional counselor believes in good faith that the failure to disclose such communication presents a clear and present danger to the health or safety of any individual; |
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257 | 267 | | |
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258 | 268 | | (5) If the licensed clinical professional counselor or the licensed master professional counselor believes in good faith that there is risk of imminent personal injury to the person or to other individuals or risk of imminent injury to the property of other individuals; |
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259 | 269 | | |
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260 | 270 | | (6) If child abuse, abuse of an elderly individual or abuse of an individual who is disabled or incompetent is known or in good faith suspected; or |
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261 | 271 | | |
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262 | 272 | | (7) Where a licensed clinical professional counselor or a licensed master professional counselor makes a claim for collection of fees for services rendered, the name and address of the person and the amount of the fees may be disclosed to individuals or agencies involved in such collection, provided notification that such disclosure will be made is sent, in writing, to the person not less than thirty days prior to such disclosure. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact receiving professional counseling, (B) the dates of such services, and (C) a general description of the types of services. |
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263 | 273 | | |
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264 | 274 | | Sec. 22. Subsection (d) of section 54-209 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016): |
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265 | 275 | | |
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266 | 276 | | (d) In instances where a violation of section 53-21, 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a has been alleged, the Office of Victim Services or, on review, a victim compensation commissioner may order compensation be paid if (1) the personal injury has been disclosed to: (A) A physician or surgeon licensed under chapter 370; (B) a resident physician or intern in any hospital in this state, whether or not licensed; (C) a physician assistant licensed under chapter 370; (D) an advanced practice registered nurse, registered nurse or practical nurse licensed under chapter 378; (E) a psychologist licensed under chapter 383; (F) a police officer; (G) a mental health professional; (H) an emergency medical services provider licensed or certified under chapter 368d; (I) an alcohol and drug counselor licensed or certified under chapter 376b; (J) a marital and family therapist licensed under chapter 383a; (K) a domestic violence counselor or a sexual assault counselor, as defined in section 52-146k; (L) a clinical professional counselor or a master professional counselor licensed under chapter 383c; (M) a clinical social worker licensed under chapter 383b; or (N) an employee of the Department of Children and Families; and (2) the office or commissioner, as the case may be, reasonably concludes that a violation of any of said sections has occurred. |
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267 | 277 | | |
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268 | 278 | | |
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269 | 279 | | |
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270 | 280 | | |
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271 | 281 | | This act shall take effect as follows and shall amend the following sections: |
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272 | 282 | | Section 1 October 1, 2016 20-195aa |
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273 | 283 | | Sec. 2 October 1, 2016 20-195bb |
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274 | 284 | | Sec. 3 October 1, 2016 20-195cc |
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275 | 285 | | Sec. 4 October 1, 2016 20-195dd |
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276 | 286 | | Sec. 5 October 1, 2016 20-195ee |
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277 | 287 | | Sec. 6 October 1, 2016 4e-1(20) |
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278 | 288 | | Sec. 7 October 1, 2016 5-206a |
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279 | 289 | | Sec. 8 October 1, 2016 17a-22ee(7) |
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280 | 290 | | Sec. 9 October 1, 2016 17a-78(f) |
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281 | 291 | | Sec. 10 October 1, 2016 17a-101(b) |
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282 | 292 | | Sec. 11 October 1, 2016 17b-28e(c) |
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283 | 293 | | Sec. 12 October 1, 2016 19a-14(c) |
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284 | 294 | | Sec. 13 October 1, 2016 19a-906(a)(11) |
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285 | 295 | | Sec. 14 October 1, 2016 20-195m(7) |
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286 | 296 | | Sec. 15 October 1, 2016 20-195s(a) |
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287 | 297 | | Sec. 16 October 1, 2016 33-182a(1) |
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288 | 298 | | Sec. 17 October 1, 2016 34-101(25) |
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289 | 299 | | Sec. 18 October 1, 2016 38a-488a(e) to (g) |
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290 | 300 | | Sec. 19 October 1, 2016 38a-514(e) to (g) |
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291 | 301 | | Sec. 20 October 1, 2016 46a-11b(a) |
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292 | 302 | | Sec. 21 October 1, 2016 52-146s |
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293 | 303 | | Sec. 22 October 1, 2016 54-209(d) |
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294 | 304 | | |
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295 | 305 | | This act shall take effect as follows and shall amend the following sections: |
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296 | 306 | | |
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297 | 307 | | Section 1 |
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298 | 308 | | |
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299 | 309 | | October 1, 2016 |
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300 | 310 | | |
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301 | 311 | | 20-195aa |
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302 | 312 | | |
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303 | 313 | | Sec. 2 |
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304 | 314 | | |
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305 | 315 | | October 1, 2016 |
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306 | 316 | | |
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307 | 317 | | 20-195bb |
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308 | 318 | | |
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309 | 319 | | Sec. 3 |
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310 | 320 | | |
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311 | 321 | | October 1, 2016 |
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312 | 322 | | |
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313 | 323 | | 20-195cc |
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314 | 324 | | |
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315 | 325 | | Sec. 4 |
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316 | 326 | | |
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317 | 327 | | October 1, 2016 |
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318 | 328 | | |
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319 | 329 | | 20-195dd |
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320 | 330 | | |
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321 | 331 | | Sec. 5 |
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322 | 332 | | |
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323 | 333 | | October 1, 2016 |
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324 | 334 | | |
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325 | 335 | | 20-195ee |
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326 | 336 | | |
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327 | 337 | | Sec. 6 |
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328 | 338 | | |
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329 | 339 | | October 1, 2016 |
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330 | 340 | | |
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331 | 341 | | 4e-1(20) |
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332 | 342 | | |
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333 | 343 | | Sec. 7 |
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334 | 344 | | |
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335 | 345 | | October 1, 2016 |
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336 | 346 | | |
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337 | 347 | | 5-206a |
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338 | 348 | | |
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339 | 349 | | Sec. 8 |
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340 | 350 | | |
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341 | 351 | | October 1, 2016 |
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342 | 352 | | |
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343 | 353 | | 17a-22ee(7) |
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344 | 354 | | |
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345 | 355 | | Sec. 9 |
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346 | 356 | | |
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347 | 357 | | October 1, 2016 |
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348 | 358 | | |
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349 | 359 | | 17a-78(f) |
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350 | 360 | | |
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351 | 361 | | Sec. 10 |
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352 | 362 | | |
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353 | 363 | | October 1, 2016 |
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354 | 364 | | |
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355 | 365 | | 17a-101(b) |
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356 | 366 | | |
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357 | 367 | | Sec. 11 |
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358 | 368 | | |
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359 | 369 | | October 1, 2016 |
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360 | 370 | | |
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361 | 371 | | 17b-28e(c) |
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362 | 372 | | |
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363 | 373 | | Sec. 12 |
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364 | 374 | | |
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365 | 375 | | October 1, 2016 |
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366 | 376 | | |
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367 | 377 | | 19a-14(c) |
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368 | 378 | | |
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369 | 379 | | Sec. 13 |
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370 | 380 | | |
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371 | 381 | | October 1, 2016 |
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372 | 382 | | |
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373 | 383 | | 19a-906(a)(11) |
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374 | 384 | | |
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375 | 385 | | Sec. 14 |
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376 | 386 | | |
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377 | 387 | | October 1, 2016 |
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378 | 388 | | |
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379 | 389 | | 20-195m(7) |
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380 | 390 | | |
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381 | 391 | | Sec. 15 |
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382 | 392 | | |
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383 | 393 | | October 1, 2016 |
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384 | 394 | | |
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385 | 395 | | 20-195s(a) |
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386 | 396 | | |
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387 | 397 | | Sec. 16 |
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388 | 398 | | |
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389 | 399 | | October 1, 2016 |
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390 | 400 | | |
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391 | 401 | | 33-182a(1) |
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392 | 402 | | |
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393 | 403 | | Sec. 17 |
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394 | 404 | | |
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395 | 405 | | October 1, 2016 |
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396 | 406 | | |
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397 | 407 | | 34-101(25) |
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398 | 408 | | |
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399 | 409 | | Sec. 18 |
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400 | 410 | | |
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401 | 411 | | October 1, 2016 |
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402 | 412 | | |
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403 | 413 | | 38a-488a(e) to (g) |
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404 | 414 | | |
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405 | 415 | | Sec. 19 |
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406 | 416 | | |
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407 | 417 | | October 1, 2016 |
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408 | 418 | | |
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409 | 419 | | 38a-514(e) to (g) |
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410 | 420 | | |
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411 | 421 | | Sec. 20 |
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412 | 422 | | |
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413 | 423 | | October 1, 2016 |
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414 | 424 | | |
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415 | 425 | | 46a-11b(a) |
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416 | 426 | | |
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417 | 427 | | Sec. 21 |
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418 | 428 | | |
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419 | 429 | | October 1, 2016 |
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420 | 430 | | |
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421 | 431 | | 52-146s |
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422 | 432 | | |
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423 | 433 | | Sec. 22 |
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424 | 434 | | |
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425 | 435 | | October 1, 2016 |
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426 | 436 | | |
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427 | 437 | | 54-209(d) |
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428 | 438 | | |
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