Substitute House Bill No. 6449
Public Act No. 21-152
AN ACT EXPANDING ECONOMIC OPPORTUNITY IN
OCCUPATIONS LICENSED BY THE DEPARTMENTS OF PUBLIC
HEALTH AND CONSUMER PROTECTION AND REQUIRING A
REPORT FROM CERTAIN EXECUTIVE BRANCH AGENCIES
REGARDING BACKGROUND CHECKS AND THE FEASIBILITY OF
ESTABLISHING PRECLEARANCE ASSESSMENTS OF CRIMINAL
HISTORY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) An occupational or
professional license, permit, certification or registration issued by the
Department of Public Health pursuant to chapter 368v, 370, 372, 373,
375, 375a, 376, 376a, 376b, 376c, 377, 378, 378a, 379, 379a, 380, 381, 381a,
381b, 382a, 382b, 382c, 383, 383a, 383b, 383c, 383d, 383e, 383f, 383g, 383h,
384, 384a, 384b, 384c, 384d, 385, 386, 387, 387a, 388, 388a, 393a, 395, 397a,
398, 399, 400a, 400c or 474 of the general statutes shall be issued, in the
occupation or profession applied for and at a practice level determined
by the department, to a person who is (1) a resident of this state, as
defined in section 12-701 of the general statutes, and provides a current
driver's license, utility bill, lease agreement or property deed indicating
such person's residence in this state; or (2) married to an active duty
member of the armed forces of the United States and accompanies such
member, pursuant to an official permanent change of station, to a
military installation located in this state if: Substitute House Bill No. 6449
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(A) The person holds a valid license, permit, certification or
registration in at least one other jurisdiction in the United States in the
occupation or profession applied for;
(B) The person has practiced under such license, permit, certification
or registration for not less than four years;
(C) The person is in good standing in all jurisdictions in the United
States in which he or she holds a license, permit, certification or
registration and has not had a license, permit, certification or
registration revoked or discipline imposed by any jurisdiction in the
United States, does not have a complaint, allegation or investigation
related to unprofessional conduct pending in any jurisdiction, and has
not voluntarily surrendered a license, permit, certification or
registration while under investigation for unprofessional conduct in any
jurisdiction;
(D) The person satisfies any background check or character and
fitness check required of other applicants for the license, permit,
certification or registration; and
(E) The person pays all fees required of other applicants for the
license, permit, certification or registration.
(b) In addition to the requirements set forth in subsection (a) of this
section, the Department of Public Health (1) shall require a resident of
this state to take and pass all or a portion of any examination required
of other persons applying for the license, permit, certification or
registration; and (2) may require a person married to an active duty
member of the armed forces of the United States to take all or a portion
of such examination.
(c) Any person issued a license, permit, certification or registration
pursuant to this section shall be subject to the laws of this state and the
jurisdiction of the Department of Public Health. Substitute House Bill No. 6449
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(d) Notwithstanding the provisions of this section and pursuant to
section 19a-14 of the general statutes, the Commissioner of Public
Health may deny an occupational or professional license, permit,
certification or registration if he or she finds such denial is in the best
interest of the state.
Sec. 2. (Effective July 1, 2021) (a) The Commissioner of Public Health
shall convene working groups to determine whether Connecticut
should join any interstate licensure compacts.
(b) Such working groups shall consist of (1) the Commissioner of
Public Health, the Secretary of the Office of Policy and Management,
and the executive director of the Office of Health Strategy, or their
designees; (2) the chair of the appropriate board of examiners or
advisory board, or his or her designee; (3) a representative of the
appropriate state professional association; (4) a representative of the
professional assistance program for regulated professions established
pursuant to section 19a-12a of the general statutes; and (5) any other
members the Commissioner of Public Health deems appropriate. Each
working group shall convene not later than sixty days after the effective
date of this section.
(c) Not later than January 15, 2022, the Commissioner of Public
Health shall submit a report, in accordance with the provisions of
section 11-4a of the general statutes, to the joint standing committee of
the General Assembly having cognizance of matters relating to public
health. Such report shall include recommendations that reflect the
determinations pursuant to subsection (a) of this section. The working
groups shall terminate upon the submission of the report.
Sec. 3. (Effective July 1, 2021) Not later than January 15, 2022, the
Commissioner of Public Health shall submit a report, in accordance
with the provisions of section 11-4a of the general statutes, to the joint
standing committee of the General Assembly having cognizance of Substitute House Bill No. 6449
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matters relating to public health. Such report shall be developed in
consultation with such boards or commissions as the commissioner
deems appropriate and shall recommend whether it would be in the
best interest of the state (1) for any examination administered by the
state pursuant to chapter 368v, 370, 372, 373, chapters 375 to 388a,
inclusive, chapter 393a, 395, chapters 397a to 399, inclusive, chapter
400a, 400c or 474 of the general statutes to be administered by a national
organization acceptable to the Department of Public Health, and (2) to
reduce any experience and training requirements while increasing any
such examination's ability to test applicants' knowledge or skills.
Sec. 4. (NEW) (Effective October 1, 2021) (a) An occupational or
professional license, permit, certification or registration issued by the
Department of Consumer Protection pursuant to chapter 389, 390, 391,
392, 394, 396, 396a, 399a, 399b, 400, 400b, 400f, 400g, 400h, 400j, 400m,
400o or 400p of the general statutes shall be issued, in the occupation or
profession applied for and at a practice level determined by the
department, to a person who is (1) a resident of this state, as defined in
section 12-701 of the general statutes, and provides a current driver's
license, utility bill, lease agreement or property deed indicating their
residence in this state; or (2) married to an active duty member of the
armed forces of the United States and accompanies such member,
pursuant to an official permanent change of station, to a military
installation located in this state, if such person:
(A) Holds a valid license, permit, certification or registration in at
least one other jurisdiction in the United States in the occupation or
profession applied for;
(B) Has at least four years of experience, including (i) practice under
such license, permit, certification or registration, (ii) classroom
education, and (iii) on-the-job training;
(C) Is in good standing in all jurisdictions in United States in which Substitute House Bill No. 6449
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he or she holds a license, permit, certification or registration and has not
had a license, permit, certification or registration revoked or discipline
imposed by any jurisdiction, does not have a complaint, allegation or
investigation related to unprofessional conduct pending in any
jurisdiction and has not voluntarily surrendered a license, permit,
certification or registration while under investigation for unprofessional
conduct in any jurisdiction;
(D) Satisfies any background check or character and fitness check
required of other applicants for the license, permit, certification or
registration;
(E) Pays all fees required of other applicants for the license, permit,
certification or registration; and
(F) Takes and passes all or a portion of any examination required of
other persons applying for the license, permit, certification or
registration, except a person married to an active duty member of the
armed forces of the United States may be required to take and pass all
or a portion of such examination at the discretion of the Commissioner
of Consumer Protection.
(b) Any person issued a license, permit, certification or registration
pursuant to this section shall be subject to the laws of this state and the
jurisdiction of the Department of Consumer Protection.
(c) Notwithstanding the other provisions of this section, the
Commissioner of Consumer Protection may deny an occupational or
professional license, permit, certification or registration if the
commissioner finds such denial is in the best interest of the state.
(d) A person applying for a license, permit, certification or
registration that is not required to practice an occupation or profession
in at least twenty-five states who relocates to this state from another
state that did not require a license, permit, certification or registration to Substitute House Bill No. 6449
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practice the person's occupation or profession may be considered to
have satisfied the conditions of subparagraphs (A) and (B) of
subdivision (2) of subsection (a) of this section if he or she establishes to
the satisfaction of the Department of Consumer Protection that he or she
has four or more years of related work experience with a substantially
similar scope of practice within the five years preceding the date of
application to said department.
Sec. 5. Section 20-333 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) To obtain a license under this chapter, an applicant shall have
attained such applicant's eighteenth birthday and shall furnish such
evidence of competency as the appropriate board or the Commissioner
of Consumer Protection shall require. A recommendation for review
issued pursuant to section 31-22u shall be sufficient to demonstrate such
competency. The applicant shall satisfy such board or the commissioner
that such applicant [is of good moral character,] possesses a diploma or
other evidence of graduation from the eighth grade of grammar school,
or possesses an equivalent education to be determined on examination
and has the requisite skill to perform the work in the trade for which
such applicant is applying for a license and can comply with all other
requirements of this chapter and the regulations adopted under this
chapter. A recommendation for review issued pursuant to section 31-
22u shall be sufficient to demonstrate that an applicant possesses such
requisite skill and can comply with all other requirements of this chapter
and the regulations adopted under this chapter. For any application
submitted pursuant to this section that requires a hearing or other action
by the applicable examining board or the commissioner, such hearing
or other action by the applicable examining board or the commissioner
shall occur not later than thirty days after the date of submission for
such application. Upon application for any such license, the applicant
shall pay to the department a nonrefundable application fee of ninety Substitute House Bill No. 6449
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dollars for a license under subdivisions (2) and (3) of subsection (a) and
subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable
application fee of one hundred fifty dollars for a license under
subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection
(b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of
subsection (e) of section 20-334a. Any such application fee shall be
waived for persons who present a recommendation for review issued
pursuant to section 31-22u.
(b) The department shall conduct such written, oral and practical
examinations as the appropriate board, with the consent of the
commissioner, deems necessary to test the knowledge of the applicant
in the work for which a license is being sought. The department shall
allow any applicant, who has not participated in an apprenticeship
program but presents a recommendation for review issued pursuant to
section 31-22u, to sit for any such examination. Any person completing
the required apprentice training program for a journeyman's license
under section 20-334a shall, within thirty days following such
completion, apply for a licensure examination given by the department.
If an applicant does not pass such licensure examination, the
commissioner shall provide each failed applicant with information on
how to retake the examination and a report describing the applicant's
strengths and weaknesses in such examination. Any apprentice permit
issued under section 20-334a to an applicant who fails three licensure
examinations in any one-year period shall remain in effect if such
applicant applies for and takes the first licensure examination given by
the department following the one-year period from the date of such
applicant's third and last unsuccessful licensure examination.
Otherwise, such permit shall be revoked as of the date of the first
examination given by the department following expiration of such
one-year period.
(c) The Commissioner of Consumer Protection, subject to section 46a- Substitute House Bill No. 6449
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80, may deny a license or may issue a license pursuant to a consent order
containing conditions that shall be met by the applicant if the applicant
reports that he or she has been found guilty or convicted as a result of
an act which constitutes a felony under (1) the laws of this state at the
time of application for such license, (2) federal law at the time of
application for such license, or (3) the laws of another jurisdiction, and
which, if committed within this state, would constitute a felony under
the laws of this state.
[(c)] (d) When an applicant has qualified for a license, the department
shall, upon receipt of the license fee or upon waiver of such fee pursuant
to section 20-335, issue to such applicant a license entitling such
applicant to engage in the work or occupation for which a license was
sought and shall register each successful applicant's name and address
in the roster of licensed persons authorized to engage in the work or
occupation within the appropriate board's authority. All fees and other
moneys collected by the department shall be promptly transmitted to
the State Treasurer as provided in section 4-32.
Sec. 6. (Effective October 1, 2021) The Departments of Administrative
Services, Agriculture, Consumer Protection, Correction, Emergency
Services and Public Protection and Public Health, the Labor
Department, and the Office of Early Childhood shall, not later than
January 1, 2022, report to the Secretary of the Office of Policy and
Management on (1) the number of employees who perform background
checks related to the department's or office's licensing functions, the job
classifications of such employees, and the type or level of clearance of
the background checks that are being performed, (2) the number of
hours each such employee spends on average per week performing
background checks, and (3) for any licenses in which some education or
training is required of the applicant prior to obtaining a license, the
feasibility of establishing a preclearance assessment of criminal history
prior to potential applicants beginning such education or training. Such Substitute House Bill No. 6449
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recommendations shall additionally assess the feasibility of centralizing
and standardizing background checks performed by state government
agencies and shall address any related issues of delegation of authority
by such agencies.