Researcher: JO Page 1 6/8/21
OLR Bill Analysis
sHB 6449 (as amended by House "A")*
AN ACT EXPANDING ECONOMIC OPPORTUNITY IN
OCCUPATIONS LICENSED BY THE DEPARTMENT OF PUBLIC
HEALTH.
SUMMARY
This bill generally makes it easier for health care professionals and
various tradespeople and other professionals licensed in other states to
obtain a Connecticut credential if they reside here. It does so by
generally requiring the Department of Public Health (DPH) or
Department of Consumer Protection (DCP) to issue the appropriate
license or other credential to a state resident, or a spouse of an active
duty service member permanently stationed here, if that person meets
specified experience and background requirements (e.g., has no
disciplinary history). It allows DPH or DCP, as applicable, to deny a
credential if the commissioner finds it to be in the state’s best interest.
The bill specifies that, for certain professions, the DCP
commissioner may deny a license, or issue one under a consent order
with conditions that an applicant must meet, if the applicant reports
that he or she has been found guilty or convicted of what constitutes a
felony under Connecticut or federal law at the time of the application,
or of an offense under the laws of another jurisdiction that would be a
felony under Connecticut law (see BACKGROUND). This authority
applies to electricians; plumbers; solar, heating, piping, and cooling
contractors and journeymen; elevator and fire protection sprinkler
craftsmen; irrigation contractors and journeymen; gas hearth installer
contractors and journeymen; and residential stair lift technicians. The
bill also eliminates a requirement that applicants for these licenses
demonstrate good moral character.
The bill requires the DPH commissioner to (1) convene working
groups to determine whether Connecticut should join any interstate 2021HB-06449-R01-BA.DOCX
Researcher: JO Page 2 6/8/21
licensure compacts and (2) report to the Public Health Committee on
the groups’ recommendations by January 15, 2022.
The bill requires the DPH commissioner to report on whether it
would be in the state’s best interest to (1) replace any state exams for
DPH-credentialed professionals with tests by national organizations
that DPH deems acceptable and (2) reduce any experience and training
requirements while increasing testing of applicants’ knowledge or
skills. She must report to the Public Health Committee by January 15,
2022, and develop the report in consultation with whatever boards or
commissions she deems appropriate.
Lastly, the bill requires various state agencies, by January 1, 2022, to
report to the Office of Policy and Management (OPM) secretary on
certain information related to background checks.
*House Amendment “A” replaces the underlying bill. It adds the
provisions on (1) DCP credentialing and licensing and (2) the report on
background checks. It makes various changes to the underlying bill,
such as (1) listing the affected professions for the credentialing
provisions, (2) making an examination mandatory for certain
individuals, and (3) specifying that the provisions apply to people
licensed in other U.S. jurisdictions.
EFFECTIVE DATE: October 1, 2021, except July 1, 2021 for the DPH
reporting and working group provisions.
§§ 1 & 4 — DPH AND DCP CREDENTI ALING
Existing law provides for licensure by endorsement (also called
licensure without examination) for several categories of health care
professionals who are licensed in other states. Generally, this applies if
DPH determines that the other state’s licensure standards are
substantially similar to, or higher than, those of this state. Similar
provisions apply for certain DCP-credentialed professions.
The bill generally requires DPH or DCP, as applicable (see below for
affected professions), to issue an occupational or professional license,
permit, certification, or registration (hereinafter, “credential”) to a state 2021HB-06449-R01-BA.DOCX
Researcher: JO Page 3 6/8/21
resident or an accompanying spouse of an active duty service member
permanently stationed here if that person:
1. holds a valid credential in the applicable profession in at least
one other U.S. jurisdiction;
2. (a) for DPH, has practiced under that credential for at least four
years, or (b) for DCP, has at least four years of experience,
including practice under that credential, classroom education,
and on-the-job training;
3. is in good standing in all U.S. jurisdictions where credentialed
and has no disciplinary history (including credential revocation
or other discipline; pending complaints, allegations, or
investigations related to unprofessional conduct; or voluntary
surrender of a credential during an investigation);
4. satisfies any background or character and fitness check required
of other applicants;
5. for state residents, passes an examination, or part of one,
required of other applicants (the applicable agency has the
option to require this for military spouses); and
6. pays any credentialing fees required of other applicants.
Also, for state residents, the bill requires the person to provide a
current driver’s license, utility bill, lease agreement, or property deed
indicating proof of state residency.
The bill creates an exception to the first two requirements (holding a
credential and having at least four years of experience as described
above) for certain DCP applicants relocating from states that do not
require a credential to practice the occupation or profession. The bill
deems these applicants as satisfying these requirements if (1) at least
25 states do not require the credential and (2) the applicant establishes
to DCP’s satisfaction 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 application date. 2021HB-06449-R01-BA.DOCX
Researcher: JO Page 4 6/8/21
Under the bill, the agency issuing the credential determines the
practice level of the credential. The bill specifies that anyone issued a
credential under these provisions is subject to Connecticut law and
DPH or DCP jurisdiction as applicable.
The bill also allows DPH or DCP to deny an application if the
commissioner finds it to be in the state’s best interest.
Applicability
The bill’s DPH provisions apply to all DPH-credentialed professions
(e.g., physicians, nurses, dentists, physical therapists, emergency
medical services personnel, veterinarians, sanitarians, and many
others).
For DCP, the bill applies to the following professions: public
accountants, architects, professional engineers and land surveyors, real
estate brokers and salespersons, television and radio service dealers
and electronics technicians, landscape architects, interior designers,
new home contractors, swimming pool contractors, home
improvement contractors, community association managers, home
inspectors, real estate appraisers, public service gas technicians,
pharmacists, pharmacy technicians, pharmacy interns, hypnotists,
homemaker-companion agencies, and locksmiths.
§ 2 — INTERSTATE LICENSURE COMPACT WORKIN G GROUPS
The bill requires the DPH commissioner to convene working groups
to determine whether the state should join any interstate licensure
compacts. Any such groups must convene by August 30, 2021.
The groups must include:
1. the DPH commissioner, the OPM secretary, the Office of Health
Strategy executive director, and the chair of the appropriate
examining or advisory board, or their designees;
2. a representative of the appropriate state professional
association; 2021HB-06449-R01-BA.DOCX
Researcher: JO Page 5 6/8/21
3. a representative of the professional assistance program for
regulated health professions (HAVEN); and
4. anyone else the DPH commissioner deems appropriate.
By January 15, 2022, the commissioner must report to the Public
Health Committee on the groups’ recommendations. The working
groups end when she submits her report.
§ 6 — AGENCY REPORTING ON BACKGROUND CHECKS
By January 1, 2022, the bill requires the departments of
Administrative Services, Agriculture, Consumer Protection,
Correction, Emergency Services and Public Protection, Labor, and
Public Health, and the Office of Early Childhood, to report to the OPM
secretary on certain information related to background checks. The
report must include:
1. the number of employees who perform background checks
related to the department’s or office’s licensing functions, their
job classifications, and the background checks’ type or level of
clearance;
2. the average number of hours these employees spend weekly
performing background checks; and
3. for any licenses requiring some pre-licensure education or
training, the feasibility of assessing criminal history to preclear
potential applicants before they begin the education or training.
The recommendations must also (1) assess the feasibility of
centralizing and standardizing background checks state agencies
perform and (2) address any related issues of these agencies delegating
authority.
BACKGROUND
Related Bills
sHB 6445 (File 342), reported favorably by the General Law
Committee, contains similar provisions on DCP credentialing and 2021HB-06449-R01-BA.DOCX
Researcher: JO Page 6 6/8/21
licensing and the agency reporting related to background checks.
sHB 6474 (File 386, § 32), reported favorably by the Labor and
Public Employees Committee, contains similar provisions on agency
reporting related to background checks.
Felony Conviction and Credentials
With limited exceptions, the law prohibits the state from
disqualifying a person from engaging in an occupation, profession, or
business that requires a state credential solely because of a prior
criminal conviction (CGS § 46a-80).
State agencies may deny someone a credential to practice an
occupation, trade, profession, or business after considering (1) the
nature of the crime and its relationship to the job; (2) information
pertaining to the degree of the person’s rehabilitation; and (3) how
much time has passed since the person’s conviction or release.
COMMITTEE ACTION
Public Health Committee
Joint Favorable
Yea 26 Nay 7 (03/12/2021)