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5 | 5 | | LCO No. 4428 1 of 26 |
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6 | 6 | | |
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7 | 7 | | General Assembly Raised Bill No. 6596 |
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8 | 8 | | January Session, 2021 |
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9 | 9 | | LCO No. 4428 |
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10 | 10 | | |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on LABOR AND PUBLIC EMPLOYEES |
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13 | 13 | | |
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14 | 14 | | |
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15 | 15 | | Introduced by: |
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16 | 16 | | (LAB) |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | AN ACT CONCERNING MA NAGER SALARIES AND O CCUPATIONAL |
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22 | 22 | | LICENSING REGULATION . |
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23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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24 | 24 | | Assembly convened: |
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25 | 25 | | |
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26 | 26 | | Section 1. (Effective from passage) The Commissioner of Administrative 1 |
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27 | 27 | | Services shall conduct a study of issues relating to the salaries of 2 |
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28 | 28 | | managers employed by a state agency, as defined in section 1-79 of the 3 |
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29 | 29 | | general statutes. Not later than February 1, 2022, the commissioner shall 4 |
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30 | 30 | | submit a report, in accordance with the provisions of section 11-4a of the 5 |
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31 | 31 | | general statutes, to the joint standing committees of the General 6 |
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32 | 32 | | Assembly having cognizance of matters relating to labor and public 7 |
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33 | 33 | | employees and appropriations and the budgets of state agencies. Such 8 |
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34 | 34 | | report shall include any findings of such study. 9 |
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35 | 35 | | Sec. 2. Subsection (a) of section 19a-14 of the general statutes is 10 |
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36 | 36 | | repealed and the following is substituted in lieu thereof (Effective October 11 |
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37 | 37 | | 1, 2021): 12 |
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38 | 38 | | (a) The Department of Public Health shall have the following powers 13 |
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39 | 39 | | and duties with regard to the boards and commissions listed in 14 |
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40 | 40 | | subsection (b) of this section which are within the Department of Public 15 Raised Bill No. 6596 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LCO No. 4428 2 of 26 |
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45 | 45 | | |
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46 | 46 | | Health. The department shall: 16 |
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47 | 47 | | (1) Control the allocation, disbursement and budgeting of funds 17 |
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48 | 48 | | appropriated to the department for the operation of the boards and 18 |
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49 | 49 | | commissions; 19 |
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50 | 50 | | (2) Employ and assign such personnel as the commissioner deems 20 |
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51 | 51 | | necessary for the performance of the functions of the boards and 21 |
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52 | 52 | | commissions; 22 |
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53 | 53 | | (3) Perform all management functions including purchasing, 23 |
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54 | 54 | | bookkeeping, accounting, payroll, secretarial, clerical and routine 24 |
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55 | 55 | | housekeeping functions; 25 |
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56 | 56 | | (4) Adopt, with the advice and assistance of the appropriate board or 26 |
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57 | 57 | | commission, and in accordance with chapter 54, any regulations which 27 |
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58 | 58 | | are consistent with protecting the public health and safety and which 28 |
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59 | 59 | | are necessary to implement the purposes of this chapter and chapters 29 |
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60 | 60 | | 368v, 369 to 375, inclusive, 378 to 381, inclusive, 383 to 388, inclusive, 398 30 |
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61 | 61 | | and 399; 31 |
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62 | 62 | | (5) Develop and perform all administrative functions necessary to 32 |
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63 | 63 | | process applications for licenses and certificates; 33 |
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64 | 64 | | (6) Determine the eligibility of all applicants for permits, licensure, 34 |
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65 | 65 | | certification or registration, based upon compliance with the general 35 |
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66 | 66 | | statutes and administrative regulations. The department may deny the 36 |
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67 | 67 | | eligibility of an applicant for a permit or for licensure by examination, 37 |
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68 | 68 | | endorsement, reciprocity or for reinstatement of a license voided 38 |
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69 | 69 | | pursuant to subsection (f) of section 19a-88, voluntarily surrendered or, 39 |
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70 | 70 | | by agreement, not renewed or reinstated pursuant to subsection (d) of 40 |
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71 | 71 | | section 19a-17, as amended by this act, or may issue a license pursuant 41 |
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72 | 72 | | to a consent order containing conditions that must be met by the 42 |
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73 | 73 | | applicant if the department determines that the applicant: 43 |
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74 | 74 | | (A) Has failed to comply with the general statutes and administrative 44 |
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75 | 75 | | regulations governing the applicant's profession; 45 Raised Bill No. 6596 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | LCO No. 4428 3 of 26 |
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80 | 80 | | |
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81 | 81 | | (B) Except any applicant for licensure as an embalmer and funeral 46 |
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82 | 82 | | director under chapter 385, a barber under chapter 386 or a hairdresser 47 |
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83 | 83 | | and cosmetician under chapter 387, has been found guilty or convicted 48 |
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84 | 84 | | as a result of an act which constitutes a felony under (i) the laws of this 49 |
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85 | 85 | | state, (ii) federal law or (iii) the laws of another jurisdiction and which, 50 |
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86 | 86 | | if committed within this state, would have constituted a felony under 51 |
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87 | 87 | | the laws of this state; 52 |
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88 | 88 | | (C) Is subject to a pending disciplinary action or unresolved 53 |
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89 | 89 | | complaint before the duly authorized professional disciplinary agency 54 |
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90 | 90 | | of any state, the District of Columbia, a United States possession or 55 |
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91 | 91 | | territory, or a foreign jurisdiction; 56 |
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92 | 92 | | (D) Has been subject to disciplinary action similar to an action 57 |
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93 | 93 | | specified in subsection (a) of section 19a-17, as amended by this act, by 58 |
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94 | 94 | | a duly authorized professional disciplinary agency of any state, the 59 |
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95 | 95 | | District of Columbia, a United States possession or territory, or a foreign 60 |
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96 | 96 | | jurisdiction; 61 |
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97 | 97 | | (E) Has committed an act which, if the applicant were licensed, would 62 |
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98 | 98 | | not conform to the accepted standards of practice of the profession, 63 |
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99 | 99 | | including, but not limited to, incompetence, negligence, fraud or deceit; 64 |
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100 | 100 | | illegal conduct; procuring or attempting to procure a license, certificate 65 |
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101 | 101 | | or registration by fraud or deceit; or engaging in, aiding or abetting 66 |
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102 | 102 | | unlicensed practice of a regulated profession, provided the 67 |
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103 | 103 | | commissioner, or the commissioner's designee, gives notice and holds a 68 |
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104 | 104 | | hearing, in accordance with the provisions of chapter 54, prior to 69 |
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105 | 105 | | denying an application for a permit or a license based on this 70 |
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106 | 106 | | subparagraph; or 71 |
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107 | 107 | | (F) Has a condition which would interfere with the practice of the 72 |
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108 | 108 | | applicant's profession, including, but not limited to, physical illness or 73 |
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109 | 109 | | loss of skill or deterioration due to the aging process, emotional disorder 74 |
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110 | 110 | | or mental illness, abuse or excessive use of drugs or alcohol, provided 75 |
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111 | 111 | | the commissioner, or the commissioner's designee, gives notice and 76 |
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112 | 112 | | holds a hearing in accordance with the provisions of chapter 54, prior to 77 Raised Bill No. 6596 |
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113 | 113 | | |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | LCO No. 4428 4 of 26 |
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117 | 117 | | |
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118 | 118 | | denying an application for a permit or a license based on this 78 |
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119 | 119 | | subparagraph; 79 |
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120 | 120 | | (7) Administer licensing examinations under the supervision of the 80 |
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121 | 121 | | appropriate board or commission; 81 |
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122 | 122 | | (8) Develop and perform all administrative functions necessary to 82 |
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123 | 123 | | process complaints against persons licensed by the department; 83 |
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124 | 124 | | (9) Consent to the approval or disapproval by the appropriate boards 84 |
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125 | 125 | | or commissions of schools at which educational requirements shall be 85 |
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126 | 126 | | met; 86 |
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127 | 127 | | (10) Conduct any necessary review, inspection or investigation 87 |
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128 | 128 | | regarding qualifications of applicants for licenses or certificates, 88 |
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129 | 129 | | possible violations of statutes or regulations, and disciplinary matters. 89 |
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130 | 130 | | In connection with any investigation, the Commissioner of Public 90 |
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131 | 131 | | Health or the commissioner's authorized agent may administer oaths, 91 |
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132 | 132 | | issue subpoenas, compel testimony and order the production of books, 92 |
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133 | 133 | | records and documents. If any person refuses to appear, to testify or to 93 |
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134 | 134 | | produce any book, record or document when so ordered, a judge of the 94 |
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135 | 135 | | Superior Court may make such order as may be appropriate to aid in 95 |
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136 | 136 | | the enforcement of this section; 96 |
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137 | 137 | | (11) Conduct any necessary investigation and follow-up in 97 |
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138 | 138 | | connection with complaints regarding persons subject to regulation or 98 |
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139 | 139 | | licensing by the department. In connection with any such investigation, 99 |
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140 | 140 | | the department may restrict, suspend or otherwise limit the license or 100 |
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141 | 141 | | permit of any person subject to regulation or licensing by the 101 |
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142 | 142 | | department pursuant to an interim consent order entered during the 102 |
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143 | 143 | | pendency of such investigation; 103 |
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144 | 144 | | (12) With respect to any complaint filed with the department on or 104 |
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145 | 145 | | after October 1, 2010, alleging incompetence, negligence, fraud or deceit 105 |
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146 | 146 | | by a person subject to regulation or licensing by any board or 106 |
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147 | 147 | | commission described in subdivision (1) to (5), inclusive, (7), (8), (12) to 107 |
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148 | 148 | | (14), inclusive, or (16) of subsection (b) of this section: 108 Raised Bill No. 6596 |
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149 | 149 | | |
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150 | 150 | | |
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151 | 151 | | |
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152 | 152 | | LCO No. 4428 5 of 26 |
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153 | 153 | | |
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154 | 154 | | (A) Upon request of the person who filed the complaint, provide such 109 |
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155 | 155 | | person with information on the status of the complaint; 110 |
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156 | 156 | | (B) Upon request of the person who filed the complaint, provide such 111 |
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157 | 157 | | person with an opportunity to review, at the department, records 112 |
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158 | 158 | | compiled as of the date of the request pursuant to any investigation of 113 |
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159 | 159 | | the complaint, including, but not limited to, the respondent's written 114 |
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160 | 160 | | response to the complaint, except that such person shall not be entitled 115 |
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161 | 161 | | to copy such records and the department (i) shall not disclose (I) 116 |
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162 | 162 | | information concerning a health care professional's referral to, 117 |
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163 | 163 | | participation in or completion of an assistance program in accordance 118 |
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164 | 164 | | with sections 19a-12a and 19a-12b, that is confidential pursuant to 119 |
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165 | 165 | | section 19a-12a, (II) information not related to such person's specific 120 |
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166 | 166 | | complaint, including, but not limited to, information concerning 121 |
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167 | 167 | | patients other than such person, or (III) personnel or medical records 122 |
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168 | 168 | | and similar files the disclosure of which would constitute an invasion of 123 |
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169 | 169 | | personal privacy pursuant to section 1-210, except for such records or 124 |
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170 | 170 | | similar files solely related to such person; (ii) shall not be required to 125 |
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171 | 171 | | disclose any other information that is otherwise confidential pursuant 126 |
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172 | 172 | | to federal law or state statute, except for information solely related to 127 |
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173 | 173 | | such person; and (iii) may require up to ten business days written notice 128 |
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174 | 174 | | prior to providing such opportunity for review; 129 |
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175 | 175 | | (C) Prior to resolving the complaint with a consent order, provide the 130 |
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176 | 176 | | person who filed the complaint with not less than ten business days to 131 |
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177 | 177 | | submit a written statement as to whether such person objects to 132 |
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178 | 178 | | resolving the complaint with a consent order; 133 |
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179 | 179 | | (D) If a hearing is held with respect to such complaint after a finding 134 |
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180 | 180 | | of probable cause, provide the person who filed the complaint with a 135 |
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181 | 181 | | copy of the notice of hearing issued pursuant to section 4-177, which 136 |
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182 | 182 | | shall include information concerning the opportunity to present oral or 137 |
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183 | 183 | | written statements pursuant to subsection (b) of section 4-177c; and 138 |
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184 | 184 | | (E) Notify the person who filed the complaint of the final disposition 139 |
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185 | 185 | | of such complaint not later than seven business days after such final 140 Raised Bill No. 6596 |
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186 | 186 | | |
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187 | 187 | | |
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188 | 188 | | |
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189 | 189 | | LCO No. 4428 6 of 26 |
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190 | 190 | | |
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191 | 191 | | disposition; 141 |
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192 | 192 | | (13) Perform any other function necessary to the effective operation 142 |
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193 | 193 | | of a board or commission and not specifically vested by statute in the 143 |
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194 | 194 | | board or commission; 144 |
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195 | 195 | | (14) Contract with a third party, if the commissioner deems 145 |
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196 | 196 | | necessary, to administer licensing examinations and perform all 146 |
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197 | 197 | | attendant administrative functions in connection with such 147 |
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198 | 198 | | examination; and 148 |
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199 | 199 | | (15) With respect to any investigation of a person subject to 149 |
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200 | 200 | | regulation, licensing or certification by the department and in any 150 |
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201 | 201 | | disciplinary proceeding regarding such person, except as required by 151 |
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202 | 202 | | federal law: 152 |
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203 | 203 | | (A) Not be denied access to or use of copies of patient medical records 153 |
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204 | 204 | | on the grounds that privilege or confidentiality applies to such records; 154 |
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205 | 205 | | and 155 |
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206 | 206 | | (B) Not further disclose patient medical records received pursuant to 156 |
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207 | 207 | | the provisions of this subdivision or personnel records received during 157 |
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208 | 208 | | the course of the investigation. Patient records received pursuant to this 158 |
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209 | 209 | | subdivision or personnel records received during the course of the 159 |
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210 | 210 | | investigation shall not be subject to disclosure under section 1-210. 160 |
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211 | 211 | | Sec. 3. Subsection (a) of section 19a-17 of the general statutes is 161 |
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212 | 212 | | repealed and the following is substituted in lieu thereof (Effective October 162 |
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213 | 213 | | 1, 2021): 163 |
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214 | 214 | | (a) Each board or commission established under chapters 369 to 376, 164 |
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215 | 215 | | inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the 165 |
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216 | 216 | | Department of Public Health with respect to professions under its 166 |
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217 | 217 | | jurisdiction that have no board or commission may take any of the 167 |
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218 | 218 | | following actions, singly or in combination, based on conduct that 168 |
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219 | 219 | | occurred prior or subsequent to the issuance of a permit or a license 169 |
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220 | 220 | | upon finding the existence of good cause: 170 Raised Bill No. 6596 |
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221 | 221 | | |
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222 | 222 | | |
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223 | 223 | | |
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224 | 224 | | LCO No. 4428 7 of 26 |
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225 | 225 | | |
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226 | 226 | | (1) Revoke a practitioner's license or permit; 171 |
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227 | 227 | | (2) Suspend a practitioner's license or permit; 172 |
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228 | 228 | | (3) Censure a practitioner or permittee; 173 |
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229 | 229 | | (4) Issue a letter of reprimand to a practitioner or permittee; 174 |
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230 | 230 | | (5) Restrict or otherwise limit practice to those areas prescribed by the 175 |
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231 | 231 | | board, commission or department; 176 |
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232 | 232 | | (6) Place a practitioner or permittee on probationary status and 177 |
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233 | 233 | | require the practitioner or permittee to: 178 |
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234 | 234 | | (A) Report regularly to such board, commission or department upon 179 |
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235 | 235 | | the matters which are the basis of probation; 180 |
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236 | 236 | | (B) Limit practice to those areas prescribed by such board, 181 |
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237 | 237 | | commission or department; 182 |
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238 | 238 | | (C) Continue or renew professional education until a satisfactory 183 |
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239 | 239 | | degree of skill has been attained in those areas which are the basis for 184 |
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240 | 240 | | the probation; 185 |
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241 | 241 | | (7) Assess a civil penalty of up to twenty-five thousand dollars; 186 |
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242 | 242 | | (8) In those cases involving persons or entities licensed or certified 187 |
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243 | 243 | | pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 and 188 |
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244 | 244 | | 20-476, require that restitution be made to an injured property owner; 189 |
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245 | 245 | | or 190 |
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246 | 246 | | (9) Summarily take any action specified in this subsection against a 191 |
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247 | 247 | | practitioner's license or permit upon receipt of proof that such 192 |
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248 | 248 | | practitioner has been: 193 |
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249 | 249 | | (A) [Found] Except for a practitioner who is a social worker under 194 |
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250 | 250 | | chapter 383b, a professional counselor under chapter 383c, an art 195 |
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251 | 251 | | therapist under chapter 383g, a dietitian-nutritionist under chapter 196 |
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252 | 252 | | 384b, an embalmer or funeral director under chapter 385, a barber under 197 Raised Bill No. 6596 |
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253 | 253 | | |
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254 | 254 | | |
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255 | 255 | | |
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256 | 256 | | LCO No. 4428 8 of 26 |
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257 | 257 | | |
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258 | 258 | | chapter 386, a hairdresser, cosmetician, esthetician, eyelash technician 198 |
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259 | 259 | | or nail technician under chapter 387, found guilty or convicted as a 199 |
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260 | 260 | | result of an act which constitutes a felony under (i) the laws of this state, 200 |
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261 | 261 | | (ii) federal law, or (iii) the laws of another jurisdiction and which, if 201 |
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262 | 262 | | committed within this state, would have constituted a felony under the 202 |
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263 | 263 | | laws of this state; or 203 |
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264 | 264 | | (B) Subject to disciplinary action similar to that specified in this 204 |
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265 | 265 | | subsection by a duly authorized professional agency of any state, the 205 |
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266 | 266 | | federal government, the District of Columbia, a United States possession 206 |
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267 | 267 | | or territory or a foreign jurisdiction. The applicable board or 207 |
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268 | 268 | | commission, or the department shall promptly notify the practitioner or 208 |
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269 | 269 | | permittee that his license or permit has been summarily acted upon 209 |
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270 | 270 | | pursuant to this subsection and shall institute formal proceedings for 210 |
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271 | 271 | | revocation within ninety days after such notification. 211 |
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272 | 272 | | Sec. 4. Section 20-195p of the general statutes is repealed and the 212 |
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273 | 273 | | following is substituted in lieu thereof (Effective October 1, 2021): 213 |
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274 | 274 | | The commissioner may take any action set forth in section 19a-17, as 214 |
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275 | 275 | | amended by this act, if the license holder fails to conform to the accepted 215 |
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276 | 276 | | standards of the social work profession, including, but not limited to, 216 |
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277 | 277 | | the following: Conviction of a felony that is reasonably related to the 217 |
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278 | 278 | | license holder's ability to safely or competently perform the duties or 218 |
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279 | 279 | | responsibilities associated with such license; fraud or deceit in obtaining 219 |
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280 | 280 | | or seeking reinstatement of a license to practice clinical social work; 220 |
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281 | 281 | | fraud or deceit in the practice of social work; negligent, incompetent or 221 |
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282 | 282 | | wrongful conduct in professional activities; emotional disorder or 222 |
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283 | 283 | | mental illness; physical illness, including, but not limited to, 223 |
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284 | 284 | | deterioration through the aging process; abuse or excessive use of drugs, 224 |
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285 | 285 | | including alcohol, narcotics or chemicals; wilful falsification of entries 225 |
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286 | 286 | | in any hospital, patient or other record pertaining to social work; 226 |
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287 | 287 | | violation of any provision of this chapter or any regulation adopted 227 |
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288 | 288 | | hereunder. The Commissioner of Public Health may order a license 228 |
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289 | 289 | | holder to submit to a reasonable physical or mental examination if his 229 |
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290 | 290 | | physical or mental capacity to practice safely is the subject of an 230 Raised Bill No. 6596 |
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291 | 291 | | |
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292 | 292 | | |
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293 | 293 | | |
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294 | 294 | | LCO No. 4428 9 of 26 |
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295 | 295 | | |
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296 | 296 | | investigation. Said commissioner may petition the superior court for the 231 |
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297 | 297 | | judicial district of Hartford to enforce such order or any action taken 232 |
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298 | 298 | | pursuant to [said] section 19a-17, as amended by this act. Notice of any 233 |
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299 | 299 | | contemplated action under [said] section 19a-17, as amended by this act, 234 |
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300 | 300 | | of the cause therefor and the date of hearing thereon, shall be given and 235 |
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301 | 301 | | an opportunity for hearing afforded as provided in the regulations 236 |
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302 | 302 | | adopted by the commissioner. 237 |
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303 | 303 | | Sec. 5. Section 20-195ee of the general statutes is repealed and the 238 |
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304 | 304 | | following is substituted in lieu thereof (Effective October 1, 2021): 239 |
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305 | 305 | | The Commissioner of Public Health may take any disciplinary action 240 |
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306 | 306 | | set forth in section 19a-17, as amended by this act, against a professional 241 |
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307 | 307 | | counselor or professional counselor associate for any of the following 242 |
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308 | 308 | | reasons: (1) Failure to conform to the accepted standards of the 243 |
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309 | 309 | | profession; (2) conviction of a felony that is reasonably related to the 244 |
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310 | 310 | | license holder's ability to safely or competently practice professional 245 |
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311 | 311 | | counseling; (3) fraud or deceit in obtaining or seeking reinstatement of 246 |
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312 | 312 | | a license to practice professional counseling; (4) fraud or deceit in the 247 |
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313 | 313 | | practice of professional counseling; (5) negligent, incompetent or 248 |
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314 | 314 | | wrongful conduct in professional activities; (6) physical, mental or 249 |
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315 | 315 | | emotional illness or disorder resulting in an inability to conform to the 250 |
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316 | 316 | | accepted standards of the profession; (7) alcohol or substance abuse; (8) 251 |
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317 | 317 | | wilful falsification of entries in any hospital, patient or other record 252 |
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318 | 318 | | pertaining to professional counseling; or (9) violation of any provision 253 |
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319 | 319 | | of sections 20-195aa to 20-195dd, inclusive, or any regulation adopted 254 |
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320 | 320 | | pursuant to section 20-195ff. The commissioner may order a license 255 |
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321 | 321 | | holder to submit to a reasonable physical or mental examination if his 256 |
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322 | 322 | | physical or mental capacity to practice safely is the subject of an 257 |
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323 | 323 | | investigation. The commissioner may petition the superior court for the 258 |
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324 | 324 | | judicial district of Hartford to enforce such order or any action taken 259 |
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325 | 325 | | pursuant to [said] section 19a-17, as amended by this act. The 260 |
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326 | 326 | | commissioner shall give notice and an opportunity to be heard on any 261 |
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327 | 327 | | contemplated action under [said] section 19a-17, as amended by this act. 262 |
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328 | 328 | | Sec. 6. Section 20-195qqq of the general statutes is repealed and the 263 Raised Bill No. 6596 |
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329 | 329 | | |
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330 | 330 | | |
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331 | 331 | | |
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332 | 332 | | LCO No. 4428 10 of 26 |
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333 | 333 | | |
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334 | 334 | | following is substituted in lieu thereof (Effective October 1, 2021): 264 |
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335 | 335 | | The Commissioner of Public Health may take any disciplinary action 265 |
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336 | 336 | | set forth in section 19a-17, as amended by this act, against an art 266 |
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337 | 337 | | therapist for any of the following reasons: (1) Failure to conform to the 267 |
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338 | 338 | | accepted standards of the profession; (2) conviction of a felony that is 268 |
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339 | 339 | | reasonably related to the license holder's ability to safely or competently 269 |
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340 | 340 | | perform the duties or responsibilities associated with such license; (3) 270 |
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341 | 341 | | fraud or deceit in obtaining or seeking reinstatement of a license to 271 |
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342 | 342 | | practice art therapy; (4) fraud or deceit in the practice of art therapy; (5) 272 |
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343 | 343 | | negligent, incompetent or wrongful conduct in professional activities; 273 |
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344 | 344 | | (6) physical, mental or emotional illness or disorder resulting in an 274 |
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345 | 345 | | inability to conform to the accepted standards of the profession; (7) 275 |
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346 | 346 | | alcohol or substance abuse; or (8) wilful falsification of entries in any 276 |
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347 | 347 | | hospital, patient or other record pertaining to art therapy. The 277 |
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348 | 348 | | commissioner may order a license holder to submit to a reasonable 278 |
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349 | 349 | | physical or mental examination if his or her physical or mental capacity 279 |
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350 | 350 | | to practice safely is the subject of an investigation. The commissioner 280 |
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351 | 351 | | may petition the superior court for the judicial district of Hartford to 281 |
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352 | 352 | | enforce such order or any action taken pursuant to section 19a-17, as 282 |
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353 | 353 | | amended by this act. The commissioner shall give notice and an 283 |
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354 | 354 | | opportunity to be heard on any contemplated action under section 19a-284 |
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355 | 355 | | 17, as amended by this act. 285 |
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356 | 356 | | Sec. 7. Section 20-206s of the general statutes is repealed and the 286 |
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357 | 357 | | following is substituted in lieu thereof (Effective October 1, 2021): 287 |
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358 | 358 | | The department may take any action set forth in section 19a-17, as 288 |
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359 | 359 | | amended by this act, if the certificate holder fails to conform to the 289 |
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360 | 360 | | accepted standards of the dietitian-nutritionist profession, including, 290 |
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361 | 361 | | but not limited to, the following: Conviction of a felony that is 291 |
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362 | 362 | | reasonably related to the certificate holder's ability to safely or 292 |
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363 | 363 | | competently perform the duties or responsibilities associated with such 293 |
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364 | 364 | | certificate; fraud or deceit in professional practice; illegal conduct; 294 |
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365 | 365 | | negligent, incompetent or wrongful conduct in professional activities; 295 |
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366 | 366 | | emotional disorder or mental illness; physical illness including, but not 296 Raised Bill No. 6596 |
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367 | 367 | | |
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368 | 368 | | |
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369 | 369 | | |
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370 | 370 | | LCO No. 4428 11 of 26 |
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371 | 371 | | |
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372 | 372 | | limited to, deterioration through the aging process; abuse or excessive 297 |
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373 | 373 | | use of drugs, including alcohol, narcotics or chemicals; wilful 298 |
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374 | 374 | | falsification of entries in any client or patient record; misrepresentation 299 |
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375 | 375 | | or concealment of a material fact in the obtaining or reinstatement of a 300 |
---|
376 | 376 | | dietitian-nutritionist certificate; or violation of any provision of sections 301 |
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377 | 377 | | 20-206m to 20-206t, inclusive. 302 |
---|
378 | 378 | | Sec. 8. Subsection (i) of section 20-265b of the general statutes is 303 |
---|
379 | 379 | | repealed and the following is substituted in lieu thereof (Effective October 304 |
---|
380 | 380 | | 1, 2021): 305 |
---|
381 | 381 | | (i) The Commissioner of Public Health may take any disciplinary 306 |
---|
382 | 382 | | action set forth in section 19a-17, as amended by this act, against an 307 |
---|
383 | 383 | | esthetician for failure to conform to the accepted standards of the 308 |
---|
384 | 384 | | profession, including, but not limited to: (1) Conviction of a felony that 309 |
---|
385 | 385 | | is reasonably related to the license holder's ability to safely or 310 |
---|
386 | 386 | | competently practice as an esthetician; (2) fraud or deceit in obtaining 311 |
---|
387 | 387 | | or seeking reinstatement of a license to practice as an esthetician; (3) 312 |
---|
388 | 388 | | fraud or deceit in the practice of an esthetician; (4) negligent, 313 |
---|
389 | 389 | | incompetent or wrongful conduct in professional activities; (5) physical, 314 |
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390 | 390 | | mental or emotional illness or disorder resulting in an inability to 315 |
---|
391 | 391 | | conform to the accepted standards of the profession; or (6) abuse or 316 |
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392 | 392 | | excessive use of drugs, including, alcohol, narcotics or chemicals. The 317 |
---|
393 | 393 | | commissioner may order a license holder to submit to a reasonable 318 |
---|
394 | 394 | | physical or mental examination if his or her physical or mental capacity 319 |
---|
395 | 395 | | to practice safely is the subject of an investigation. The commissioner 320 |
---|
396 | 396 | | may petition the superior court for the judicial district of Hartford to 321 |
---|
397 | 397 | | enforce such order or any action taken pursuant to section 19a-17, as 322 |
---|
398 | 398 | | amended by this act. The commissioner shall give notice and an 323 |
---|
399 | 399 | | opportunity to be heard on any contemplated action under section 19a-324 |
---|
400 | 400 | | 17, as amended by this act. 325 |
---|
401 | 401 | | Sec. 9. Subsection (i) of section 20-265c of the general statutes is 326 |
---|
402 | 402 | | repealed and the following is substituted in lieu thereof (Effective October 327 |
---|
403 | 403 | | 1, 2021): 328 Raised Bill No. 6596 |
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404 | 404 | | |
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405 | 405 | | |
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406 | 406 | | |
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407 | 407 | | LCO No. 4428 12 of 26 |
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408 | 408 | | |
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409 | 409 | | (i) The Commissioner of Public Health may take any disciplinary 329 |
---|
410 | 410 | | action set forth in section 19a-17, as amended by this act, against an 330 |
---|
411 | 411 | | eyelash technician for failure to conform to the accepted standards of 331 |
---|
412 | 412 | | the profession, including, but not limited to: (1) Conviction of a felony 332 |
---|
413 | 413 | | that is reasonably related to the license holder's ability to safely or 333 |
---|
414 | 414 | | competently practice as an eyelash technician; (2) fraud or deceit in 334 |
---|
415 | 415 | | obtaining or seeking reinstatement of a license to practice as an eyelash 335 |
---|
416 | 416 | | technician; (3) fraud or deceit in the practice of an eyelash technician; (4) 336 |
---|
417 | 417 | | negligent, incompetent or wrongful conduct in professional activities; 337 |
---|
418 | 418 | | (5) physical, mental or emotional illness or disorder resulting in an 338 |
---|
419 | 419 | | inability to conform to the accepted standards of the profession; or (6) 339 |
---|
420 | 420 | | abuse or excessive use of drugs, including, alcohol, narcotics or 340 |
---|
421 | 421 | | chemicals. The commissioner may order a license holder to submit to a 341 |
---|
422 | 422 | | reasonable physical or mental examination if his or her physical or 342 |
---|
423 | 423 | | mental capacity to practice safely is the subject of an investigation. The 343 |
---|
424 | 424 | | commissioner may petition the superior court for the judicial district of 344 |
---|
425 | 425 | | Hartford to enforce such order or any action taken pursuant to section 345 |
---|
426 | 426 | | 19a-17, as amended by this act. The commissioner shall give notice and 346 |
---|
427 | 427 | | an opportunity to be heard on any contemplated action under section 347 |
---|
428 | 428 | | 19a-17, as amended by this act. 348 |
---|
429 | 429 | | Sec. 10. Subsection (i) of section 20-265d of the general statutes is 349 |
---|
430 | 430 | | repealed and the following is substituted in lieu thereof (Effective October 350 |
---|
431 | 431 | | 1, 2021): 351 |
---|
432 | 432 | | (i) The Commissioner of Public Health may take any disciplinary 352 |
---|
433 | 433 | | action set forth in section 19a-17, as amended by this act, against a nail 353 |
---|
434 | 434 | | technician for failure to conform to the accepted standards of the 354 |
---|
435 | 435 | | profession, including, but not limited to: (1) Conviction of a felony that 355 |
---|
436 | 436 | | is reasonably related to the license holder's ability to safely or 356 |
---|
437 | 437 | | competently practice as a nail technician; (2) fraud or deceit in obtaining 357 |
---|
438 | 438 | | or seeking reinstatement of a license to practice as a nail technician; (3) 358 |
---|
439 | 439 | | fraud or deceit in the practice of a nail technician; (4) negligent, 359 |
---|
440 | 440 | | incompetent or wrongful conduct in professional activities; (5) physical, 360 |
---|
441 | 441 | | mental or emotional illness or disorder resulting in an inability to 361 |
---|
442 | 442 | | conform to the accepted standards of the profession; or (6) abuse or 362 Raised Bill No. 6596 |
---|
443 | 443 | | |
---|
444 | 444 | | |
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445 | 445 | | |
---|
446 | 446 | | LCO No. 4428 13 of 26 |
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447 | 447 | | |
---|
448 | 448 | | excessive use of drugs, including, alcohol, narcotics or chemicals. The 363 |
---|
449 | 449 | | commissioner may order a license holder to submit to a reasonable 364 |
---|
450 | 450 | | physical or mental examination if his or her physical or mental capacity 365 |
---|
451 | 451 | | to practice safely is the subject of an investigation. The commissioner 366 |
---|
452 | 452 | | may petition the superior court for the judicial district of Hartford to 367 |
---|
453 | 453 | | enforce such order or any action taken pursuant to section 19a-17, as 368 |
---|
454 | 454 | | amended by this act. The commissioner shall give notice and an 369 |
---|
455 | 455 | | opportunity to be heard on any contemplated action under section 19a-370 |
---|
456 | 456 | | 17, as amended by this act. 371 |
---|
457 | 457 | | Sec. 11. Subsection (a) of section 20-281a of the general statutes is 372 |
---|
458 | 458 | | repealed and the following is substituted in lieu thereof (Effective October 373 |
---|
459 | 459 | | 1, 2021): 374 |
---|
460 | 460 | | (a) After notice and hearing pursuant to section 20-280c, the board 375 |
---|
461 | 461 | | may revoke any certificate, license or permit issued under section 20-376 |
---|
462 | 462 | | 281c, 20-281d or 20-281e or the practice privilege of an individual who 377 |
---|
463 | 463 | | qualifies under section 20-281n; suspend any such certificate, 378 |
---|
464 | 464 | | registration, license, practice privilege or permit or refuse to renew any 379 |
---|
465 | 465 | | such certificate, license or permit; reprimand, censure, or limit the scope 380 |
---|
466 | 466 | | of practice of any licensee or individual that qualifies for the practice 381 |
---|
467 | 467 | | privilege; impose a civil penalty not exceeding fifty thousand dollars 382 |
---|
468 | 468 | | upon licensees, individuals who qualify for the practice privilege or 383 |
---|
469 | 469 | | others violating provisions of section 20-281g or place any licensee or 384 |
---|
470 | 470 | | individual that qualifies for the practice privilege on probation, all with 385 |
---|
471 | 471 | | or without terms, conditions and limitations, for any one or more of the 386 |
---|
472 | 472 | | following reasons: 387 |
---|
473 | 473 | | (1) Fraud or deceit in obtaining a certificate, registration, license, 388 |
---|
474 | 474 | | practice privilege or permit; 389 |
---|
475 | 475 | | (2) Cancellation, revocation, suspension or refusal to renew authority 390 |
---|
476 | 476 | | to engage in the practice of public accountancy in any other state for any 391 |
---|
477 | 477 | | cause; 392 |
---|
478 | 478 | | (3) Failure, on the part of a holder of a license or permit under section 393 |
---|
479 | 479 | | 20-281d or 20-281e, to maintain compliance with the requirements for 394 Raised Bill No. 6596 |
---|
480 | 480 | | |
---|
481 | 481 | | |
---|
482 | 482 | | |
---|
483 | 483 | | LCO No. 4428 14 of 26 |
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484 | 484 | | |
---|
485 | 485 | | issuance or renewal of such license or permit or to report changes to the 395 |
---|
486 | 486 | | board under subsection (h) of section 20-281d or subsection (f) of section 396 |
---|
487 | 487 | | 20-281e; 397 |
---|
488 | 488 | | (4) Revocation, limitation or suspension of the right to practice before 398 |
---|
489 | 489 | | any state or federal agency or the Public Company Accounting 399 |
---|
490 | 490 | | Oversight Board under the Sarbanes-Oxley Act of 2002, or any of the 400 |
---|
491 | 491 | | following actions taken by any such state or federal agency or said board 401 |
---|
492 | 492 | | against a licensee or individual who qualifies for the practice privilege: 402 |
---|
493 | 493 | | (A) Suspension of or barring a licensee from serving as a corporate 403 |
---|
494 | 494 | | officer or director, (B) requiring such individual or licensee to disgorge 404 |
---|
495 | 495 | | funds, or (C) suspension or barring such individual or a licensee from 405 |
---|
496 | 496 | | association with a public accounting firm; 406 |
---|
497 | 497 | | (5) Dishonesty, fraud or negligence in the practice of public 407 |
---|
498 | 498 | | accountancy or in the filing or failure to file his own income tax returns; 408 |
---|
499 | 499 | | (6) Violation of any provision of sections 20-279b to 20-281m, 409 |
---|
500 | 500 | | inclusive, or regulation adopted by the board under said sections; 410 |
---|
501 | 501 | | (7) Violation of any rule of professional conduct adopted by the board 411 |
---|
502 | 502 | | under subdivision (4) of subsection (g) of section 20-280; 412 |
---|
503 | 503 | | (8) Conviction of a felony that is reasonably related to the licensee's 413 |
---|
504 | 504 | | ability to safely or competently engage in the practice of accountancy, 414 |
---|
505 | 505 | | or of any crime an element of which is dishonesty or fraud, under the 415 |
---|
506 | 506 | | laws of the United States, of this state, or of any other state if the acts 416 |
---|
507 | 507 | | involved would have constituted a crime under the laws of this state, 417 |
---|
508 | 508 | | subject to the provisions of section 46a-80; 418 |
---|
509 | 509 | | (9) Performance of any fraudulent act while holding a registration, 419 |
---|
510 | 510 | | certificate, license, practice privilege or permit issued under sections 20-420 |
---|
511 | 511 | | 279b to 20-281m, inclusive, or prior law; 421 |
---|
512 | 512 | | (10) Any conduct reflecting adversely upon the licensee's fitness to 422 |
---|
513 | 513 | | engage in the practice of public accountancy; and 423 |
---|
514 | 514 | | (11) Violation by anyone of any provision of section 20-281g. 424 Raised Bill No. 6596 |
---|
515 | 515 | | |
---|
516 | 516 | | |
---|
517 | 517 | | |
---|
518 | 518 | | LCO No. 4428 15 of 26 |
---|
519 | 519 | | |
---|
520 | 520 | | Sec. 12. Section 20-294 of the general statutes is repealed and the 425 |
---|
521 | 521 | | following is substituted in lieu thereof (Effective October 1, 2021): 426 |
---|
522 | 522 | | The Commissioner of Consumer Protection or the board may 427 |
---|
523 | 523 | | suspend for a definite period, not to exceed one year, or revoke any 428 |
---|
524 | 524 | | license or certificate of authority issued under this chapter, after notice 429 |
---|
525 | 525 | | and hearing in accordance with the regulations adopted by the 430 |
---|
526 | 526 | | Commissioner of Consumer Protection, or may officially censure any 431 |
---|
527 | 527 | | person holding any such license or certificate of authority and may 432 |
---|
528 | 528 | | assess a civil penalty of up to one thousand dollars per violation, (1) if it 433 |
---|
529 | 529 | | is shown that the license or certificate was obtained through fraud or 434 |
---|
530 | 530 | | misrepresentation, (2) if the holder of the license or certificate has been 435 |
---|
531 | 531 | | found guilty by the board, the commissioner or by a court of competent 436 |
---|
532 | 532 | | jurisdiction of any fraud or deceit in such holder's professional practice 437 |
---|
533 | 533 | | or has been convicted of a felony that is reasonably related to the 438 |
---|
534 | 534 | | holder's ability to safely or competently perform the duties or 439 |
---|
535 | 535 | | responsibilities associated with such license or certificate, (3) if the 440 |
---|
536 | 536 | | holder of the license or certificate has been found guilty by the board or 441 |
---|
537 | 537 | | the commissioner of gross incompetency or of negligence in the 442 |
---|
538 | 538 | | planning or construction of buildings, or (4) if it is shown to the 443 |
---|
539 | 539 | | satisfaction of the board or the commissioner that the holder of the 444 |
---|
540 | 540 | | license or certificate has violated any provision of this chapter or any 445 |
---|
541 | 541 | | regulation adopted under this chapter. Any such suspension or 446 |
---|
542 | 542 | | revocation of a license or certificate by the board shall be a proposed 447 |
---|
543 | 543 | | final decision and submitted to the commissioner in accordance with the 448 |
---|
544 | 544 | | provisions of subsection (b) of section 21a-7. The board or the 449 |
---|
545 | 545 | | commissioner may reissue any such license or certificate which has been 450 |
---|
546 | 546 | | revoked, and may modify the suspension of any such license or 451 |
---|
547 | 547 | | certificate which has been suspended. 452 |
---|
548 | 548 | | Sec. 13. Subsection (c) of section 20-334 of the general statutes is 453 |
---|
549 | 549 | | repealed and the following is substituted in lieu thereof (Effective October 454 |
---|
550 | 550 | | 1, 2021): 455 |
---|
551 | 551 | | (c) The Commissioner of Consumer Protection and each board 456 |
---|
552 | 552 | | established under section 20-331 may suspend or revoke any license or 457 Raised Bill No. 6596 |
---|
553 | 553 | | |
---|
554 | 554 | | |
---|
555 | 555 | | |
---|
556 | 556 | | LCO No. 4428 16 of 26 |
---|
557 | 557 | | |
---|
558 | 558 | | certificate granted or issued by it under this chapter if the holder of such 458 |
---|
559 | 559 | | license or certificate (1) is convicted of a felony that is reasonably related 459 |
---|
560 | 560 | | to the holder's ability to safely or competently perform the duties or 460 |
---|
561 | 561 | | responsibilities associated with such license or certificate, (2) is grossly 461 |
---|
562 | 562 | | incompetent, (3) engages in malpractice or unethical conduct or 462 |
---|
563 | 563 | | knowingly makes false, misleading or deceptive representations 463 |
---|
564 | 564 | | regarding his or her work, or (4) violates the regulations adopted under 464 |
---|
565 | 565 | | this chapter. Before any such license is suspended or revoked, such 465 |
---|
566 | 566 | | holder shall be given notice and opportunity for hearing as provided in 466 |
---|
567 | 567 | | regulations adopted by the Commissioner of Consumer Protection. Any 467 |
---|
568 | 568 | | person whose license has been suspended or revoked may, after ninety 468 |
---|
569 | 569 | | days, apply to the board to have such license reinstated. Any such 469 |
---|
570 | 570 | | suspension or revocation of a license or certification by the board shall 470 |
---|
571 | 571 | | be a proposed final decision and submitted to the commissioner in 471 |
---|
572 | 572 | | accordance with the provisions of subsection (b) of section 21a-7. 472 |
---|
573 | 573 | | Sec. 14. Subsection (b) of section 20-341gg of the general statutes is 473 |
---|
574 | 574 | | repealed and the following is substituted in lieu thereof (Effective October 474 |
---|
575 | 575 | | 1, 2021): 475 |
---|
576 | 576 | | (b) No person shall engage in or offer to perform the work of any 476 |
---|
577 | 577 | | major contractor in this state on any proposed structure or existing 477 |
---|
578 | 578 | | structure or addition that exceeds the threshold limits contained in 478 |
---|
579 | 579 | | section 29-276b unless such person has first obtained a license or 479 |
---|
580 | 580 | | certificate of registration as required under the provisions of chapter 539 480 |
---|
581 | 581 | | or a registration from the Department of Consumer Protection in 481 |
---|
582 | 582 | | accordance with the provisions of this section. Individuals licensed 482 |
---|
583 | 583 | | under chapter 393 shall be exempt from the provisions of this chapter 483 |
---|
584 | 584 | | while engaging in work that they are licensed to perform. The 484 |
---|
585 | 585 | | department shall issue a certificate of registration to any person who is 485 |
---|
586 | 586 | | prequalified pursuant to section 4a-100 who applies for registration in 486 |
---|
587 | 587 | | accordance with this section. Such prequalified person shall not be 487 |
---|
588 | 588 | | required to pay a fee for such registration at any time that the person 488 |
---|
589 | 589 | | maintains valid prequalification. If the individual or the firm, company, 489 |
---|
590 | 590 | | partnership or corporation employing such individual is engaged in 490 |
---|
591 | 591 | | work on a structure or addition that exceeds the threshold limits 491 Raised Bill No. 6596 |
---|
592 | 592 | | |
---|
593 | 593 | | |
---|
594 | 594 | | |
---|
595 | 595 | | LCO No. 4428 17 of 26 |
---|
596 | 596 | | |
---|
597 | 597 | | contained in section 29-276b and requires licensure under chapter 393, 492 |
---|
598 | 598 | | the firm, company, partnership or corporation shall be exempt from the 493 |
---|
599 | 599 | | provisions of this chapter concerning registration of major contractors, 494 |
---|
600 | 600 | | if the firm, company, partnership or corporation employs an individual 495 |
---|
601 | 601 | | who is licensed as a contractor under chapter 393 to perform such work. 496 |
---|
602 | 602 | | The department shall furnish to each qualified applicant a registration 497 |
---|
603 | 603 | | certifying that the holder of such registration is entitled to engage in the 498 |
---|
604 | 604 | | work for which the person has been issued a registration under this 499 |
---|
605 | 605 | | subsection, and the holder of such registration shall carry it on his 500 |
---|
606 | 606 | | person while engaging in such work. Such registration shall be shown 501 |
---|
607 | 607 | | to any properly interested person upon request. No such registration 502 |
---|
608 | 608 | | shall be transferred to or used by any person other than the person to 503 |
---|
609 | 609 | | whom the registration was issued. The department shall maintain 504 |
---|
610 | 610 | | rosters of registrants and shall update such rosters annually. The 505 |
---|
611 | 611 | | department may provide copies of rosters to the public for an 506 |
---|
612 | 612 | | appropriate fee. The department may suspend or revoke any 507 |
---|
613 | 613 | | registration issued by the department if the holder of such registration 508 |
---|
614 | 614 | | is convicted of a felony that is reasonably related to the holder's ability 509 |
---|
615 | 615 | | to safely or competently perform work under such registration, is 510 |
---|
616 | 616 | | grossly incompetent, is disqualified, pursuant to section 4a-100 or 511 |
---|
617 | 617 | | whose prequalification certificate has been revoked pursuant to section 512 |
---|
618 | 618 | | 4a-100, engages in malpractice or unethical conduct or knowingly 513 |
---|
619 | 619 | | makes false, misleading or deceptive representations regarding his 514 |
---|
620 | 620 | | work or violates any regulation adopted under subsection (c) of this 515 |
---|
621 | 621 | | section. Before any registration is suspended or revoked, such holder 516 |
---|
622 | 622 | | shall be given notice and an opportunity for hearing as provided in 517 |
---|
623 | 623 | | regulations adopted under subsection (c) of this section. The 518 |
---|
624 | 624 | | Commissioner of Consumer Protection shall provide written notice of 519 |
---|
625 | 625 | | any suspension or revocation of a registration to the Commissioner of 520 |
---|
626 | 626 | | Administrative Services not later than ten days after such suspension or 521 |
---|
627 | 627 | | revocation. 522 |
---|
628 | 628 | | Sec. 15. Section 20-363 of the general statutes is repealed and the 523 |
---|
629 | 629 | | following is substituted in lieu thereof (Effective October 1, 2021): 524 |
---|
630 | 630 | | The commissioner may refuse to issue or renew or may suspend or 525 Raised Bill No. 6596 |
---|
631 | 631 | | |
---|
632 | 632 | | |
---|
633 | 633 | | |
---|
634 | 634 | | LCO No. 4428 18 of 26 |
---|
635 | 635 | | |
---|
636 | 636 | | revoke a license or take any of the actions set forth in section 19a-17, as 526 |
---|
637 | 637 | | amended by this act, upon proof that the applicant or license holder (1) 527 |
---|
638 | 638 | | has employed or knowingly cooperated in fraud or material deception 528 |
---|
639 | 639 | | in order to obtain a license or has engaged in fraud or material deception 529 |
---|
640 | 640 | | in the course of professional services or activities at any place; (2) has 530 |
---|
641 | 641 | | been guilty of illegal, incompetent or negligent conduct in his or her 531 |
---|
642 | 642 | | practice; (3) has violated any provision of this chapter or any regulation 532 |
---|
643 | 643 | | adopted under this chapter; (4) has been found guilty or convicted as a 533 |
---|
644 | 644 | | result of an act which constitutes a felony under (A) the laws of this 534 |
---|
645 | 645 | | state, (B) federal law, or (C) the laws of another jurisdiction and which, 535 |
---|
646 | 646 | | if committed within this state, would have constituted a felony under 536 |
---|
647 | 647 | | the laws of this state, provided such felony is reasonably related to the 537 |
---|
648 | 648 | | applicant's or holder's ability to safely or competently perform work 538 |
---|
649 | 649 | | under such license; or (5) has been subject to disciplinary action similar 539 |
---|
650 | 650 | | to that specified in section 19a-17, as amended by this act, by a duly 540 |
---|
651 | 651 | | authorized professional disciplinary agency of any state, the District of 541 |
---|
652 | 652 | | Columbia, a United States possession or territory, or a foreign 542 |
---|
653 | 653 | | jurisdiction. The commissioner may petition the superior court for the 543 |
---|
654 | 654 | | judicial district of Hartford to enforce any action taken pursuant to 544 |
---|
655 | 655 | | section 19a-17, as amended by this act. Before the commissioner may 545 |
---|
656 | 656 | | suspend, revoke or refuse to renew a license or take such other action, 546 |
---|
657 | 657 | | the commissioner shall give the applicant or license holder notice and 547 |
---|
658 | 658 | | opportunity for hearing as provided in the regulations adopted by the 548 |
---|
659 | 659 | | commissioner. 549 |
---|
660 | 660 | | Sec. 16. Section 20-442a of the general statutes is repealed and the 550 |
---|
661 | 661 | | following is substituted in lieu thereof (Effective October 1, 2021): 551 |
---|
662 | 662 | | The department may take any action set forth in section 19a-17, as 552 |
---|
663 | 663 | | amended by this act, and subsection (f) of section 19a-88 against a 553 |
---|
664 | 664 | | person or entity licensed or certified pursuant to chapter 400a for 554 |
---|
665 | 665 | | reasons including, but not limited to, the following: (1) Conviction of a 555 |
---|
666 | 666 | | felony that is reasonably related to the person's or entity's ability to 556 |
---|
667 | 667 | | safely or competently perform professional activities under such license 557 |
---|
668 | 668 | | or certificate; (2) fraud or deceit in the practice of such person's or 558 |
---|
669 | 669 | | entity's profession; (3) negligent, incompetent or wrongful conduct in 559 Raised Bill No. 6596 |
---|
670 | 670 | | |
---|
671 | 671 | | |
---|
672 | 672 | | |
---|
673 | 673 | | LCO No. 4428 19 of 26 |
---|
674 | 674 | | |
---|
675 | 675 | | professional activities; (4) misrepresentation or concealment of a 560 |
---|
676 | 676 | | material fact in the obtaining, reinstatement or renewal of a license or 561 |
---|
677 | 677 | | certificate; or (5) violation of any provision of chapter 400a, or any 562 |
---|
678 | 678 | | regulation adopted thereunder. The commissioner may petition the 563 |
---|
679 | 679 | | superior court for the judicial district of Hartford to enforce such order 564 |
---|
680 | 680 | | or any action taken pursuant to section 19a-17, as amended by this act. 565 |
---|
681 | 681 | | Notice of any contemplated action under section 19a-17, as amended by 566 |
---|
682 | 682 | | this act, the cause of action and the date of a hearing on the action shall 567 |
---|
683 | 683 | | be given and an opportunity for hearing afforded in accordance with 568 |
---|
684 | 684 | | the provisions of chapter 54. 569 |
---|
685 | 685 | | Sec. 17. Section 20-481 of the general statutes is repealed and the 570 |
---|
686 | 686 | | following is substituted in lieu thereof (Effective October 1, 2021): 571 |
---|
687 | 687 | | The department may take any action set forth in section 19a-17, as 572 |
---|
688 | 688 | | amended by this act, against a person or entity issued a license or 573 |
---|
689 | 689 | | certificate pursuant to sections 20-474 to 20-482, inclusive, and 574 |
---|
690 | 690 | | subsections (e) and (f) of section 19a-88 for reasons including, but not 575 |
---|
691 | 691 | | limited to, the following: Conviction of a felony that is reasonably 576 |
---|
692 | 692 | | related to the person's or entity's ability to safely or competently 577 |
---|
693 | 693 | | perform professional activities under such license or certificate; fraud or 578 |
---|
694 | 694 | | deceit in the practice of his profession; negligent, incompetent or 579 |
---|
695 | 695 | | wrongful conduct in professional activities; misrepresentation or 580 |
---|
696 | 696 | | concealment of a material fact in the obtaining, reinstatement or renewal 581 |
---|
697 | 697 | | of a license; or violation of any provision of sections 20-474 to 20-482, 582 |
---|
698 | 698 | | inclusive, and subsections (e) and (f) of section 19a-88 or any regulation 583 |
---|
699 | 699 | | adopted thereunder. The commissioner may petition the superior court 584 |
---|
700 | 700 | | for the judicial district of Hartford to enforce such order or any action 585 |
---|
701 | 701 | | taken pursuant to [said] section 19a-17, as amended by this act. Notice 586 |
---|
702 | 702 | | of any contemplated action under [said] section 19a-17, as amended by 587 |
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703 | 703 | | this act, the cause of action and the date of a hearing on the action shall 588 |
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704 | 704 | | be given and an opportunity for hearing afforded in accordance with 589 |
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705 | 705 | | the provisions of chapter 54. 590 |
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706 | 706 | | Sec. 18. Subsection (i) of section 20-540 of the general statutes is 591 |
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707 | 707 | | repealed and the following is substituted in lieu thereof (Effective October 592 Raised Bill No. 6596 |
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708 | 708 | | |
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709 | 709 | | |
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710 | 710 | | |
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711 | 711 | | LCO No. 4428 20 of 26 |
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712 | 712 | | |
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713 | 713 | | 1, 2021): 593 |
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714 | 714 | | (i) The Department of Consumer Protection may suspend or revoke 594 |
---|
715 | 715 | | a certificate granted or issued by it pursuant to this section if the holder 595 |
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716 | 716 | | of such certificate is convicted of a felony that is reasonably related to 596 |
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717 | 717 | | the holder's ability to safely or competently perform work under such 597 |
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718 | 718 | | certificate, is grossly incompetent, engages in malpractice or unethical 598 |
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719 | 719 | | conduct or knowingly makes false, misleading or deceptive 599 |
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720 | 720 | | representations regarding his work. Prior to such suspension or 600 |
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721 | 721 | | revocation, such holder shall be given notice and an opportunity for 601 |
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722 | 722 | | hearing as provided in regulations adopted by the Commissioner of 602 |
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723 | 723 | | Consumer Protection. Any person whose certificate has been suspended 603 |
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724 | 724 | | may, after ninety days, apply to the department to have such certificate 604 |
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725 | 725 | | reinstated. 605 |
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726 | 726 | | Sec. 19. Subsection (a) of section 22a-66e of the general statutes is 606 |
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727 | 727 | | repealed and the following is substituted in lieu thereof (Effective October 607 |
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728 | 728 | | 1, 2021): 608 |
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729 | 729 | | (a) The grounds for denial, revocation or suspension of a registration 609 |
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730 | 730 | | shall include, but not be limited to: 610 |
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731 | 731 | | (1) Violation of any provision of this chapter, as amended, or any 611 |
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732 | 732 | | regulation, permit, certificate, registration or order adopted, 612 |
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733 | 733 | | administered or issued pursuant thereto; 613 |
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734 | 734 | | (2) Inclusion of false or misleading information in an application or 614 |
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735 | 735 | | failure to notify the commissioner of a change as required by section 615 |
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736 | 736 | | 22a-66c; 616 |
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737 | 737 | | (3) Inclusion of false or misleading information in records required to 617 |
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738 | 738 | | be maintained pursuant to section 22a-66g, the failure to maintain such 618 |
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739 | 739 | | records, or the failure to provide the commissioner with the records 619 |
---|
740 | 740 | | required by said section; 620 |
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741 | 741 | | (4) Use of a pesticide in a manner inconsistent with the registered 621 |
---|
742 | 742 | | labeling or with state or federal restrictions on the use of such pesticide; 622 Raised Bill No. 6596 |
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743 | 743 | | |
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744 | 744 | | |
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745 | 745 | | |
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746 | 746 | | LCO No. 4428 21 of 26 |
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747 | 747 | | |
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748 | 748 | | (5) Application of pesticides generally known in the trade to be 623 |
---|
749 | 749 | | ineffective or improper for the intended use; 624 |
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750 | 750 | | (6) Operation of faulty or unsafe equipment which may result in 625 |
---|
751 | 751 | | improper application or harm to the environment, the applicator or 626 |
---|
752 | 752 | | others from the pesticide; 627 |
---|
753 | 753 | | (7) Application of a pesticide in a faulty, careless or negligent manner; 628 |
---|
754 | 754 | | (8) Aiding or abetting a certified or uncertified person to evade the 629 |
---|
755 | 755 | | provisions of this chapter, as amended, or any regulation, permit, 630 |
---|
756 | 756 | | certificate, registration or order adopted, administered or issued 631 |
---|
757 | 757 | | pursuant thereto; 632 |
---|
758 | 758 | | (9) The making of a false or misleading statement during an 633 |
---|
759 | 759 | | inspection or investigation concerning an infestation of pests, an 634 |
---|
760 | 760 | | accident in applying a pesticide, misuse of a pesticide, or violation of a 635 |
---|
761 | 761 | | statute, regulation, certificate, registration or order; 636 |
---|
762 | 762 | | (10) The performance of work, whether or not for compensation, in a 637 |
---|
763 | 763 | | category for which the applicator is not certified; and 638 |
---|
764 | 764 | | (11) The conviction of the applicant or owner of a pesticide 639 |
---|
765 | 765 | | application business of a felony, as defined in section 53a-25, that is 640 |
---|
766 | 766 | | reasonably related to the applicant's or owner's ability to safely or 641 |
---|
767 | 767 | | competently perform work under such registration. 642 |
---|
768 | 768 | | Sec. 20. Subsection (c) of section 23-61i of the general statutes is 643 |
---|
769 | 769 | | repealed and the following is substituted in lieu thereof (Effective October 644 |
---|
770 | 770 | | 1, 2021): 645 |
---|
771 | 771 | | (c) The grounds for denial, revocation or suspension of a certificate of 646 |
---|
772 | 772 | | registration shall include the following: 647 |
---|
773 | 773 | | (1) Violation of any provision of this chapter or chapter 441 or any 648 |
---|
774 | 774 | | regulation, permit, certificate, registration or order adopted, issued or 649 |
---|
775 | 775 | | administered or issued pursuant to this chapter and chapter 441; 650 Raised Bill No. 6596 |
---|
776 | 776 | | |
---|
777 | 777 | | |
---|
778 | 778 | | |
---|
779 | 779 | | LCO No. 4428 22 of 26 |
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780 | 780 | | |
---|
781 | 781 | | (2) Inclusion of false or misleading information in an application or 651 |
---|
782 | 782 | | the failure to notify the commissioner of a change, as required by section 652 |
---|
783 | 783 | | 23-61h; 653 |
---|
784 | 784 | | (3) Inclusion of false or misleading information in records required to 654 |
---|
785 | 785 | | be maintained pursuant to section 23-61k, or the failure to maintain such 655 |
---|
786 | 786 | | records or provide the commissioner with the records required by 656 |
---|
787 | 787 | | section 23-61k; 657 |
---|
788 | 788 | | (4) Use of a pesticide in a manner inconsistent with the registered 658 |
---|
789 | 789 | | labeling or with state or federal restrictions on the use of such pesticide; 659 |
---|
790 | 790 | | (5) Application of pesticides generally known in the trade to be 660 |
---|
791 | 791 | | ineffective or improper for the intended use; 661 |
---|
792 | 792 | | (6) Operation of faulty or unsafe equipment which may result in 662 |
---|
793 | 793 | | improper pesticide application or harm to the environment, a worker or 663 |
---|
794 | 794 | | other persons; 664 |
---|
795 | 795 | | (7) Application of a pesticide or performance of arboriculture in a 665 |
---|
796 | 796 | | faulty, careless or negligent manner; 666 |
---|
797 | 797 | | (8) Aiding or abetting a licensed or unlicensed person to evade the 667 |
---|
798 | 798 | | provisions of this chapter or chapter 441 or any regulation, permit, 668 |
---|
799 | 799 | | certificate, registration or order adopted, issued or administered 669 |
---|
800 | 800 | | pursuant to this chapter and chapter 441; 670 |
---|
801 | 801 | | (9) The making of a false or misleading statement during an 671 |
---|
802 | 802 | | inspection or investigation concerning an infestation of pests, an 672 |
---|
803 | 803 | | accident in applying a pesticide, misuse of a pesticide, or violation of a 673 |
---|
804 | 804 | | statute, regulation, certificate, registration or order; 674 |
---|
805 | 805 | | (10) The performance of arboriculture which does not meet generally 675 |
---|
806 | 806 | | accepted industry standards; 676 |
---|
807 | 807 | | (11) The performance of work, whether or not for compensation, in a 677 |
---|
808 | 808 | | category for which the arborist is not certified; and 678 Raised Bill No. 6596 |
---|
809 | 809 | | |
---|
810 | 810 | | |
---|
811 | 811 | | |
---|
812 | 812 | | LCO No. 4428 23 of 26 |
---|
813 | 813 | | |
---|
814 | 814 | | (12) The conviction of the applicant of a felony, as defined in section 679 |
---|
815 | 815 | | 53a-25, that is reasonably related to the applicant's ability to safely or 680 |
---|
816 | 816 | | competently perform work under such certification. 681 |
---|
817 | 817 | | Sec. 21. Section 29-158 of the general statutes is repealed and the 682 |
---|
818 | 818 | | following is substituted in lieu thereof (Effective October 1, 2021): 683 |
---|
819 | 819 | | Any license or registration issued under the provisions of sections 29-684 |
---|
820 | 820 | | 153 to 29-161, inclusive, may be suspended or revoked by the 685 |
---|
821 | 821 | | commissioner, after giving notice and an opportunity to be heard to the 686 |
---|
822 | 822 | | licensee or registrant when the commissioner finds that the licensee or 687 |
---|
823 | 823 | | registrant has: (1) Violated any of the terms or provisions of sections 29-688 |
---|
824 | 824 | | 153 to 29-161, inclusive, or any of the regulations adopted thereunder; 689 |
---|
825 | 825 | | (2) practiced fraud, deceit or misrepresentation in dealing with the 690 |
---|
826 | 826 | | clients of the licensee or registrant; (3) made a material misstatement in 691 |
---|
827 | 827 | | the application for issuance of such license or registration, or, in the case 692 |
---|
828 | 828 | | of a licensee, in the application for renewal of such license; (4) 693 |
---|
829 | 829 | | demonstrated incompetence or untrustworthiness in the conduct of the 694 |
---|
830 | 830 | | business; or (5) been convicted of a felony or other crime involving 695 |
---|
831 | 831 | | moral turpitude, that is reasonably related to the licensee's or 696 |
---|
832 | 832 | | registrant's ability to safely or competently perform work under such 697 |
---|
833 | 833 | | license or registration. If the licensee or registrant has been convicted 698 |
---|
834 | 834 | | under section 53a-61 or 53a-62, the commissioner shall consider the facts 699 |
---|
835 | 835 | | and circumstances surrounding such conviction prior to suspending or 700 |
---|
836 | 836 | | revoking the license or registration. Any party aggrieved by an order of 701 |
---|
837 | 837 | | the commissioner under the provisions of this section may appeal 702 |
---|
838 | 838 | | therefrom in accordance with the provisions of section 4-183, except the 703 |
---|
839 | 839 | | venue for such appeal shall be the judicial district of New Britain. 704 |
---|
840 | 840 | | Sec. 22. Section 29-161v of the general statutes is repealed and the 705 |
---|
841 | 841 | | following is substituted in lieu thereof (Effective October 1, 2021): 706 |
---|
842 | 842 | | Any license for a security service or security officer or approval as a 707 |
---|
843 | 843 | | security officer instructor may be suspended or revoked by the 708 |
---|
844 | 844 | | Commissioner of Emergency Services and Public Protection, provided 709 |
---|
845 | 845 | | notice shall have been given to the licensee or instructor to appear before 710 Raised Bill No. 6596 |
---|
846 | 846 | | |
---|
847 | 847 | | |
---|
848 | 848 | | |
---|
849 | 849 | | LCO No. 4428 24 of 26 |
---|
850 | 850 | | |
---|
851 | 851 | | the commissioner to show cause why the license or approval should not 711 |
---|
852 | 852 | | be suspended or revoked, upon a finding by the commissioner that: (1) 712 |
---|
853 | 853 | | The licensee has violated any of the terms or provisions of sections 29-713 |
---|
854 | 854 | | 161g to 29-161x, inclusive, or in the case of an instructor, section 29-161q, 714 |
---|
855 | 855 | | or any of the regulations adopted pursuant to section 29-161x; (2) the 715 |
---|
856 | 856 | | licensee or instructor has practiced fraud, deceit or misrepresentation; 716 |
---|
857 | 857 | | (3) the licensee or instructor has made a material misstatement in the 717 |
---|
858 | 858 | | application for issuance or renewal of the license or approval; (4) the 718 |
---|
859 | 859 | | licensee or instructor has demonstrated incompetence or 719 |
---|
860 | 860 | | untrustworthiness in the conduct of the business; or (5) the licensee or 720 |
---|
861 | 861 | | instructor has been convicted of a felony that is reasonably related to the 721 |
---|
862 | 862 | | licensee's or instructor's ability to safely or competently perform work 722 |
---|
863 | 863 | | under such license approval or [other] a crime affecting the licensee's or 723 |
---|
864 | 864 | | instructor's honesty, integrity or moral fitness. Any party aggrieved by 724 |
---|
865 | 865 | | an order of the commissioner under this section may appeal therefrom 725 |
---|
866 | 866 | | in accordance with the provisions of section 4-183, except the venue for 726 |
---|
867 | 867 | | such appeal shall be the judicial district of New Britain. 727 |
---|
868 | 868 | | Sec. 23. Subsection (a) of section 30-47 of the general statutes is 728 |
---|
869 | 869 | | repealed and the following is substituted in lieu thereof (Effective October 729 |
---|
870 | 870 | | 1, 2021): 730 |
---|
871 | 871 | | (a) The Department of Consumer Protection may, in its discretion, 731 |
---|
872 | 872 | | suspend, revoke or refuse to grant or renew a permit for the sale of 732 |
---|
873 | 873 | | alcoholic liquor if it has reasonable cause to believe: (1) That the 733 |
---|
874 | 874 | | applicant or permittee appears to be financially irresponsible or neglects 734 |
---|
875 | 875 | | to provide for his family, or neglects or is unable to pay his just debts; 735 |
---|
876 | 876 | | (2) that the applicant or permittee has been provided with funds by any 736 |
---|
877 | 877 | | wholesaler or manufacturer or has any forbidden connection with any 737 |
---|
878 | 878 | | other class of permittee as provided in this chapter; (3) that the applicant 738 |
---|
879 | 879 | | or permittee is in the habit of using alcoholic beverages to excess; (4) that 739 |
---|
880 | 880 | | the applicant or permittee has wilfully made any false statement to the 740 |
---|
881 | 881 | | department in a material matter; (5) that the applicant or permittee has 741 |
---|
882 | 882 | | been convicted of violating any of the liquor laws of this or any other 742 |
---|
883 | 883 | | state or the liquor laws of the United States or has been convicted of a 743 |
---|
884 | 884 | | felony, as such term is defined in section 53a-25, that is reasonably 744 Raised Bill No. 6596 |
---|
885 | 885 | | |
---|
886 | 886 | | |
---|
887 | 887 | | |
---|
888 | 888 | | LCO No. 4428 25 of 26 |
---|
889 | 889 | | |
---|
890 | 890 | | related to the holder's ability to safely or competently perform the duties 745 |
---|
891 | 891 | | associated with such permit, or has such a criminal record that the 746 |
---|
892 | 892 | | department reasonably believes he is not a suitable person to hold a 747 |
---|
893 | 893 | | permit, provided no refusal shall be rendered under this subdivision 748 |
---|
894 | 894 | | except in accordance with the provisions of sections 46a-80 and 46a-81; 749 |
---|
895 | 895 | | (6) that the applicant or permittee has not been delegated full authority 750 |
---|
896 | 896 | | and control of the permit premises and of the conduct of all business on 751 |
---|
897 | 897 | | such premises; or (7) that the applicant or permittee has violated any 752 |
---|
898 | 898 | | provision of this chapter or any regulation adopted under this chapter. 753 |
---|
899 | 899 | | Any backer shall be subject to the same disqualifications as provided in 754 |
---|
900 | 900 | | this section in the case of an applicant for a permit or a permittee. 755 |
---|
901 | 901 | | This act shall take effect as follows and shall amend the following |
---|
902 | 902 | | sections: |
---|
903 | 903 | | |
---|
904 | 904 | | Section 1 from passage New section |
---|
905 | 905 | | Sec. 2 October 1, 2021 19a-14(a) |
---|
906 | 906 | | Sec. 3 October 1, 2021 19a-17(a) |
---|
907 | 907 | | Sec. 4 October 1, 2021 20-195p |
---|
908 | 908 | | Sec. 5 October 1, 2021 20-195ee |
---|
909 | 909 | | Sec. 6 October 1, 2021 20-195qqq |
---|
910 | 910 | | Sec. 7 October 1, 2021 20-206s |
---|
911 | 911 | | Sec. 8 October 1, 2021 20-265b(i) |
---|
912 | 912 | | Sec. 9 October 1, 2021 20-265c(i) |
---|
913 | 913 | | Sec. 10 October 1, 2021 20-265d(i) |
---|
914 | 914 | | Sec. 11 October 1, 2021 20-281a(a) |
---|
915 | 915 | | Sec. 12 October 1, 2021 20-294 |
---|
916 | 916 | | Sec. 13 October 1, 2021 20-334(c) |
---|
917 | 917 | | Sec. 14 October 1, 2021 20-341gg(b) |
---|
918 | 918 | | Sec. 15 October 1, 2021 20-363 |
---|
919 | 919 | | Sec. 16 October 1, 2021 20-442a |
---|
920 | 920 | | Sec. 17 October 1, 2021 20-481 |
---|
921 | 921 | | Sec. 18 October 1, 2021 20-540(i) |
---|
922 | 922 | | Sec. 19 October 1, 2021 22a-66e(a) |
---|
923 | 923 | | Sec. 20 October 1, 2021 23-61i(c) |
---|
924 | 924 | | Sec. 21 October 1, 2021 29-158 |
---|
925 | 925 | | Sec. 22 October 1, 2021 29-161v |
---|
926 | 926 | | Sec. 23 October 1, 2021 30-47(a) |
---|
927 | 927 | | Raised Bill No. 6596 |
---|
928 | 928 | | |
---|
929 | 929 | | |
---|
930 | 930 | | |
---|
931 | 931 | | LCO No. 4428 26 of 26 |
---|
932 | 932 | | |
---|
933 | 933 | | Statement of Purpose: |
---|
934 | 934 | | To require a study of manager salaries and to require that the refusal, |
---|
935 | 935 | | suspension or revocation of certain licenses, registrations or certificates |
---|
936 | 936 | | required for certain occupations not be automatic based on conviction |
---|
937 | 937 | | of a felony, but only felonies reasonably related to the holder's ability to |
---|
938 | 938 | | perform work safely and competently. |
---|
939 | 939 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
940 | 940 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
941 | 941 | | underlined.] |
---|
942 | 942 | | |
---|