Connecticut 2021 Regular Session

Connecticut House Bill HB06449 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6449
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6449
5		-
6		-	Public Act No. 21-152
7		-
8		-
9		-	AN ACT EXPANDING ECONOMIC OPPORTUNITY IN
10		-	OCCUPATIONS LICENSED BY THE DEPARTMENTS OF PUBLIC
11		-	HEALTH AND CONSUMER PROTECTION AND REQUIRING A
12		-	REPORT FROM CERTAIN EXECUTIVE BRANCH AGENCIES
13		-	REGARDING BACKGROUND CHECKS AND THE FEASIBILITY OF
14		-	ESTABLISHING PRECLEARANCE ASSESSMENTS OF CRIMINAL
15		-	HISTORY.
16		-
	12	+	AN ACT EXPANDING ECO NOMIC OPPORTUNITY IN OCCUPATIONS
	13	+	LICENSED BY THE DEPA RTMENT OF PUBLIC HEA LTH.
17	14		Be it enacted by the Senate and House of Representatives in General
18	15		Assembly convened:
19	16
20		-	Section 1. (NEW) (Effective October 1, 2021) (a) An occupational or
21		-	professional license, permit, certification or registration issued by the
22		-	Department of Public Health pursuant to chapter 368v, 370, 372, 373,
23		-	375, 375a, 376, 376a, 376b, 376c, 377, 378, 378a, 379, 379a, 380, 381, 381a,
24		-	381b, 382a, 382b, 382c, 383, 383a, 383b, 383c, 383d, 383e, 383f, 383g, 383h,
25		-	384, 384a, 384b, 384c, 384d, 385, 386, 387, 387a, 388, 388a, 393a, 395, 397a,
26		-	398, 399, 400a, 400c or 474 of the general statutes shall be issued, in the
27		-	occupation or profession applied for and at a practice level determined
28		-	by the department, to a person who is (1) a resident of this state, as
29		-	defined in section 12-701 of the general statutes, and provides a current
30		-	driver's license, utility bill, lease agreement or property deed indicating
31		-	such person's residence in this state; or (2) married to an active duty
32		-	member of the armed forces of the United States and accompanies such
33		-	member, pursuant to an official permanent change of station, to a
34		-	military installation located in this state if: Substitute House Bill No. 6449
	17	+	Section 1. (NEW) (Effective October 1, 2021) (a) The Department of 1
	18	+	Public Health shall issue an occupational or professional license, permit, 2
	19	+	certification or registration issued by the Department of Public Health 3
	20	+	shall be issued, in the occupation or profession applied for and at a 4
	21	+	practice level determined by the department, to a person who is (1) a 5
	22	+	resident of this state as defined in section 12-701 of the general statutes, 6
	23	+	or (2) married to an active duty member of the armed forces of the 7
	24	+	United States and accompanies said member, pursuant to an official 8
	25	+	permanent change of station, to a military installation located in this 9
	26	+	state if: 10
	27	+	(A) The person holds a valid license, permit, certification or 11
	28	+	registration in at least one other jurisdiction in the occupation or 12
	29	+	profession applied for; 13
	30	+	(B) The person has practiced under such license, permit, certification 14
	31	+	or registration for not less than one year; 15
	32	+	(C) The person is in good standing in all jurisdictions in which he or 16
	33	+	she holds a license, permit, certification or registration and has not had 17
	34	+	a license, permit, certification or registration revoked or discipline 18 Substitute Bill No. 6449
35	35
36		-	Public Act No. 21-152 2 of 9
37	36
38		-	(A) The person holds a valid license, permit, certification or
39		-	registration in at least one other jurisdiction in the United States in the
40		-	occupation or profession applied for;
41		-	(B) The person has practiced under such license, permit, certification
42		-	or registration for not less than four years;
43		-	(C) The person is in good standing in all jurisdictions in the United
44		-	States in which he or she holds a license, permit, certification or
45		-	registration and has not had a license, permit, certification or
46		-	registration revoked or discipline imposed by any jurisdiction in the
47		-	United States, does not have a complaint, allegation or investigation
48		-	related to unprofessional conduct pending in any jurisdiction, and has
49		-	not voluntarily surrendered a license, permit, certification or
50		-	registration while under investigation for unprofessional conduct in any
51		-	jurisdiction;
52		-	(D) The person satisfies any background check or character and
53		-	fitness check required of other applicants for the license, permit,
54		-	certification or registration; and
55		-	(E) The person pays all fees required of other applicants for the
56		-	license, permit, certification or registration.
57		-	(b) In addition to the requirements set forth in subsection (a) of this
58		-	section, the Department of Public Health (1) shall require a resident of
59		-	this state to take and pass all or a portion of any examination required
60		-	of other persons applying for the license, permit, certification or
61		-	registration; and (2) may require a person married to an active duty
62		-	member of the armed forces of the United States to take all or a portion
63		-	of such examination.
64		-	(c) Any person issued a license, permit, certification or registration
65		-	pursuant to this section shall be subject to the laws of this state and the
66		-	jurisdiction of the Department of Public Health. Substitute House Bill No. 6449
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68		-	Public Act No. 21-152 3 of 9
	41	+	imposed by any jurisdiction, does not have a complaint, allegation or 19
	42	+	investigation related to unprofessional conduct pending in any 20
	43	+	jurisdiction, and has not voluntarily surrendered a license, permit, 21
	44	+	certification or registration while under investigation for unprofessional 22
	45	+	conduct in any jurisdiction; 23
	46	+	(D) The person satisfies any background check or character and 24
	47	+	fitness check required of other applicants for the license, permit, 25
	48	+	certification or registration; and 26
	49	+	(E) The person pays all fees required of other applicants for the 27
	50	+	license, permit, certification or registration. 28
	51	+	(b) In addition to the requirements set forth in subsection (a) of this 29
	52	+	section, the Department of Public Health may require a person to take 30
	53	+	and pass all or a portion of any examination required of other persons 31
	54	+	applying for the license, permit, certification or registration. 32
	55	+	(c) Any person issued a license, permit, certification or registration 33
	56	+	pursuant to this section shall be subject to the laws of this state and the 34
	57	+	jurisdiction of the Department of Public Health. 35
	58	+	(d) Notwithstanding the provisions of this section, and pursuant to 36
	59	+	section 19a-14 of the general statutes, the Commissioner of Public 37
	60	+	Health may deny an occupational or professional license, permit, 38
	61	+	certification or registration if he or she finds such denial is in the best 39
	62	+	interest of the state. 40
	63	+	Sec. 2. (Effective July 1, 2021) (a) The Commissioner of Public Health 41
	64	+	shall convene working groups to determine whether Connecticut 42
	65	+	should join any interstate licensure compacts. 43
	66	+	(b) Such working groups shall consist of (1) the Commissioner of 44
	67	+	Public Health, the Secretary of the Office of Policy and Management, 45
	68	+	and the executive director of the Office of Health Strategy, or their 46
	69	+	designees, (2) the chair of the appropriate board of examiners or 47
	70	+	advisory board, or his or her designee, (3) a representative of the 48 Substitute Bill No. 6449
69	71
70		-	(d) Notwithstanding the provisions of this section and pursuant to
71		-	section 19a-14 of the general statutes, the Commissioner of Public
72		-	Health may deny an occupational or professional license, permit,
73		-	certification or registration if he or she finds such denial is in the best
74		-	interest of the state.
75		-	Sec. 2. (Effective July 1, 2021) (a) The Commissioner of Public Health
76		-	shall convene working groups to determine whether Connecticut
77		-	should join any interstate licensure compacts.
78		-	(b) Such working groups shall consist of (1) the Commissioner of
79		-	Public Health, the Secretary of the Office of Policy and Management,
80		-	and the executive director of the Office of Health Strategy, or their
81		-	designees; (2) the chair of the appropriate board of examiners or
82		-	advisory board, or his or her designee; (3) a representative of the
83		-	appropriate state professional association; (4) a representative of the
84		-	professional assistance program for regulated professions established
85		-	pursuant to section 19a-12a of the general statutes; and (5) any other
86		-	members the Commissioner of Public Health deems appropriate. Each
87		-	working group shall convene not later than sixty days after the effective
88		-	date of this section.
89		-	(c) Not later than January 15, 2022, the Commissioner of Public
90		-	Health shall submit a report, in accordance with the provisions of
91		-	section 11-4a of the general statutes, to the joint standing committee of
92		-	the General Assembly having cognizance of matters relating to public
93		-	health. Such report shall include recommendations that reflect the
94		-	determinations pursuant to subsection (a) of this section. The working
95		-	groups shall terminate upon the submission of the report.
96		-	Sec. 3. (Effective July 1, 2021) Not later than January 15, 2022, the
97		-	Commissioner of Public Health shall submit a report, in accordance
98		-	with the provisions of section 11-4a of the general statutes, to the joint
99		-	standing committee of the General Assembly having cognizance of Substitute House Bill No. 6449
100	72
101		-	Public Act No. 21-152 4 of 9
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103		-	matters relating to public health. Such report shall be developed in
104		-	consultation with such boards or commissions as the commissioner
105		-	deems appropriate and shall recommend whether it would be in the
106		-	best interest of the state (1) for any examination administered by the
107		-	state pursuant to chapter 368v, 370, 372, 373, chapters 375 to 388a,
108		-	inclusive, chapter 393a, 395, chapters 397a to 399, inclusive, chapter
109		-	400a, 400c or 474 of the general statutes to be administered by a national
110		-	organization acceptable to the Department of Public Health, and (2) to
111		-	reduce any experience and training requirements while increasing any
112		-	such examination's ability to test applicants' knowledge or skills.
113		-	Sec. 4. (NEW) (Effective October 1, 2021) (a) An occupational or
114		-	professional license, permit, certification or registration issued by the
115		-	Department of Consumer Protection pursuant to chapter 389, 390, 391,
116		-	392, 394, 396, 396a, 399a, 399b, 400, 400b, 400f, 400g, 400h, 400j, 400m,
117		-	400o or 400p of the general statutes shall be issued, in the occupation or
118		-	profession applied for and at a practice level determined by the
119		-	department, to a person who is (1) a resident of this state, as defined in
120		-	section 12-701 of the general statutes, and provides a current driver's
121		-	license, utility bill, lease agreement or property deed indicating their
122		-	residence in this state; or (2) married to an active duty member of the
123		-	armed forces of the United States and accompanies such member,
124		-	pursuant to an official permanent change of station, to a military
125		-	installation located in this state, if such person:
126		-	(A) Holds a valid license, permit, certification or registration in at
127		-	least one other jurisdiction in the United States in the occupation or
128		-	profession applied for;
129		-	(B) Has at least four years of experience, including (i) practice under
130		-	such license, permit, certification or registration, (ii) classroom
131		-	education, and (iii) on-the-job training;
132		-	(C) Is in good standing in all jurisdictions in United States in which Substitute House Bill No. 6449
	77	+	appropriate state professional association, (4) a representative of the 49
	78	+	professional assistance program for regulated professions established 50
	79	+	pursuant to section 19a-12a of the general statutes, and (5) any other 51
	80	+	members the Commissioner of Public Health deems appropriate. Each 52
	81	+	working group shall convene not later than sixty days after the effective 53
	82	+	date of this section. 54
	83	+	(c) Not later than January 15, 2022, the Commissioner of Public 55
	84	+	Health shall submit a report, in accordance with the provisions of 56
	85	+	section 11-4a of the general statutes, to the joint standing committee of 57
	86	+	the General Assembly having cognizance of matters relating to public 58
	87	+	health. Such report shall include recommendations that reflect the 59
	88	+	determinations pursuant to subsection (a) of this section. The working 60
	89	+	groups shall terminate upon the submission of the report. 61
	90	+	Sec. 3. (Effective July 1, 2021) Not later than January 15, 2022, the 62
	91	+	Commissioner of Public Health shall submit a report, in accordance 63
	92	+	with the provisions of section 11-4a of the general statutes, to the joint 64
	93	+	standing committee of the General Assembly having cognizance of 65
	94	+	matters relating to public health. Such report shall be developed in 66
	95	+	consultation with such boards or commissions as the commissioner 67
	96	+	deems appropriate and shall recommend whether it would be in the 68
	97	+	best interest of the state (1) for any examination administered by the 69
	98	+	state pursuant to chapters 369 to 388, inclusive, chapter 393a, chapters 70
	99	+	395 to 417, inclusive, chapters 435 to 449, inclusive, or chapters 474 to 71
	100	+	483, inclusive, of the general statutes to be administered by a national 72
	101	+	organization acceptable to the Department of Public Health, and (2) to 73
	102	+	reduce any experience and training requirements while increasing any 74
	103	+	such examination's ability to test applicants' knowledge or skills.75
	104	+	This act shall take effect as follows and shall amend the following
	105	+	sections:
133	106
134		-	Public Act No. 21-152 5 of 9
	107	+	Section 1 October 1, 2021 New section
	108	+	Sec. 2 July 1, 2021 New section
	109	+	Sec. 3 July 1, 202 New section Substitute Bill No. 6449
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136		-	he or she holds a license, permit, certification or registration and has not
137		-	had a license, permit, certification or registration revoked or discipline
138		-	imposed by any jurisdiction, does not have a complaint, allegation or
139		-	investigation related to unprofessional conduct pending in any
140		-	jurisdiction and has not voluntarily surrendered a license, permit,
141		-	certification or registration while under investigation for unprofessional
142		-	conduct in any jurisdiction;
143		-	(D) Satisfies any background check or character and fitness check
144		-	required of other applicants for the license, permit, certification or
145		-	registration;
146		-	(E) Pays all fees required of other applicants for the license, permit,
147		-	certification or registration; and
148		-	(F) Takes and passes all or a portion of any examination required of
149		-	other persons applying for the license, permit, certification or
150		-	registration, except a person married to an active duty member of the
151		-	armed forces of the United States may be required to take and pass all
152		-	or a portion of such examination at the discretion of the Commissioner
153		-	of Consumer Protection.
154		-	(b) Any person issued a license, permit, certification or registration
155		-	pursuant to this section shall be subject to the laws of this state and the
156		-	jurisdiction of the Department of Consumer Protection.
157		-	(c) Notwithstanding the other provisions of this section, the
158		-	Commissioner of Consumer Protection may deny an occupational or
159		-	professional license, permit, certification or registration if the
160		-	commissioner finds such denial is in the best interest of the state.
161		-	(d) A person applying for a license, permit, certification or
162		-	registration that is not required to practice an occupation or profession
163		-	in at least twenty-five states who relocates to this state from another
164		-	state that did not require a license, permit, certification or registration to Substitute House Bill No. 6449
165	111
166		-	Public Act No. 21-152 6 of 9
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168		-	practice the person's occupation or profession may be considered to
169		-	have satisfied the conditions of subparagraphs (A) and (B) of
170		-	subdivision (2) of subsection (a) of this section if he or she establishes to
171		-	the satisfaction of the Department of Consumer Protection that he or she
172		-	has four or more years of related work experience with a substantially
173		-	similar scope of practice within the five years preceding the date of
174		-	application to said department.
175		-	Sec. 5. Section 20-333 of the general statutes is repealed and the
176		-	following is substituted in lieu thereof (Effective October 1, 2021):
177		-	(a) To obtain a license under this chapter, an applicant shall have
178		-	attained such applicant's eighteenth birthday and shall furnish such
179		-	evidence of competency as the appropriate board or the Commissioner
180		-	of Consumer Protection shall require. A recommendation for review
181		-	issued pursuant to section 31-22u shall be sufficient to demonstrate such
182		-	competency. The applicant shall satisfy such board or the commissioner
183		-	that such applicant [is of good moral character,] possesses a diploma or
184		-	other evidence of graduation from the eighth grade of grammar school,
185		-	or possesses an equivalent education to be determined on examination
186		-	and has the requisite skill to perform the work in the trade for which
187		-	such applicant is applying for a license and can comply with all other
188		-	requirements of this chapter and the regulations adopted under this
189		-	chapter. A recommendation for review issued pursuant to section 31-
190		-	22u shall be sufficient to demonstrate that an applicant possesses such
191		-	requisite skill and can comply with all other requirements of this chapter
192		-	and the regulations adopted under this chapter. For any application
193		-	submitted pursuant to this section that requires a hearing or other action
194		-	by the applicable examining board or the commissioner, such hearing
195		-	or other action by the applicable examining board or the commissioner
196		-	shall occur not later than thirty days after the date of submission for
197		-	such application. Upon application for any such license, the applicant
198		-	shall pay to the department a nonrefundable application fee of ninety Substitute House Bill No. 6449
199	116
200		-	Public Act No. 21-152 7 of 9
	117	+	Statement of Legislative Commissioners:
	118	+	In Section 1(a), provisions were rewritten for clarity. In Sections 2 and 3,
	119	+	"(NEW)" was deleted for accuracy.
201	120
202		-	dollars for a license under subdivisions (2) and (3) of subsection (a) and
203		-	subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable
204		-	application fee of one hundred fifty dollars for a license under
205		-	subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection
206		-	(b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of
207		-	subsection (e) of section 20-334a. Any such application fee shall be
208		-	waived for persons who present a recommendation for review issued
209		-	pursuant to section 31-22u.
210		-	(b) The department shall conduct such written, oral and practical
211		-	examinations as the appropriate board, with the consent of the
212		-	commissioner, deems necessary to test the knowledge of the applicant
213		-	in the work for which a license is being sought. The department shall
214		-	allow any applicant, who has not participated in an apprenticeship
215		-	program but presents a recommendation for review issued pursuant to
216		-	section 31-22u, to sit for any such examination. Any person completing
217		-	the required apprentice training program for a journeyman's license
218		-	under section 20-334a shall, within thirty days following such
219		-	completion, apply for a licensure examination given by the department.
220		-	If an applicant does not pass such licensure examination, the
221		-	commissioner shall provide each failed applicant with information on
222		-	how to retake the examination and a report describing the applicant's
223		-	strengths and weaknesses in such examination. Any apprentice permit
224		-	issued under section 20-334a to an applicant who fails three licensure
225		-	examinations in any one-year period shall remain in effect if such
226		-	applicant applies for and takes the first licensure examination given by
227		-	the department following the one-year period from the date of such
228		-	applicant's third and last unsuccessful licensure examination.
229		-	Otherwise, such permit shall be revoked as of the date of the first
230		-	examination given by the department following expiration of such
231		-	one-year period.
232		-	(c) The Commissioner of Consumer Protection, subject to section 46a- Substitute House Bill No. 6449
233		-
234		-	Public Act No. 21-152 8 of 9
235		-
236		-	80, may deny a license or may issue a license pursuant to a consent order
237		-	containing conditions that shall be met by the applicant if the applicant
238		-	reports that he or she has been found guilty or convicted as a result of
239		-	an act which constitutes a felony under (1) the laws of this state at the
240		-	time of application for such license, (2) federal law at the time of
241		-	application for such license, or (3) the laws of another jurisdiction, and
242		-	which, if committed within this state, would constitute a felony under
243		-	the laws of this state.
244		-	[(c)] (d) When an applicant has qualified for a license, the department
245		-	shall, upon receipt of the license fee or upon waiver of such fee pursuant
246		-	to section 20-335, issue to such applicant a license entitling such
247		-	applicant to engage in the work or occupation for which a license was
248		-	sought and shall register each successful applicant's name and address
249		-	in the roster of licensed persons authorized to engage in the work or
250		-	occupation within the appropriate board's authority. All fees and other
251		-	moneys collected by the department shall be promptly transmitted to
252		-	the State Treasurer as provided in section 4-32.
253		-	Sec. 6. (Effective October 1, 2021) The Departments of Administrative
254		-	Services, Agriculture, Consumer Protection, Correction, Emergency
255		-	Services and Public Protection and Public Health, the Labor
256		-	Department, and the Office of Early Childhood shall, not later than
257		-	January 1, 2022, report to the Secretary of the Office of Policy and
258		-	Management on (1) the number of employees who perform background
259		-	checks related to the department's or office's licensing functions, the job
260		-	classifications of such employees, and the type or level of clearance of
261		-	the background checks that are being performed, (2) the number of
262		-	hours each such employee spends on average per week performing
263		-	background checks, and (3) for any licenses in which some education or
264		-	training is required of the applicant prior to obtaining a license, the
265		-	feasibility of establishing a preclearance assessment of criminal history
266		-	prior to potential applicants beginning such education or training. Such Substitute House Bill No. 6449
267		-
268		-	Public Act No. 21-152 9 of 9
269		-
270		-	recommendations shall additionally assess the feasibility of centralizing
271		-	and standardizing background checks performed by state government
272		-	agencies and shall address any related issues of delegation of authority
273		-	by such agencies.
274		-
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275	122