Conn. Gen. Stat. § 20-10d — Connecticut Code / Title 20 / Chapter 370 / Section 20-10d
Sec. 20-10d. Interstate Medical Licensure Compact.
Status: in_force

INTERSTATE MEDICAL LICENSURE COMPACT

SECTION 1. PURPOSE

In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing licensure requirements for physicians. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in such state issued to a physician through the procedures in the compact.

SECTION 2. DEFINITIONS

As used in section 1, this section, and sections 3 to 24, inclusive, of the compact:

(1) “Bylaws” means those bylaws established by the Interstate Commission pursuant to section 11 of the compact.

(2) “Commissioner” means the voting representative appointed by each member board pursuant to section 11 of the compact.

(3) “Compact” means the Interstate Medical Licensure Compact.

(4) “Conviction” means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

(5) “Expedited license” means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.

(6) “Interstate Commission” means the interstate commission created pursuant to section 11 of the compact.

(7) “License” means authorization by a member state for a physician to engage in the practice of medicine, which would be unlawful without authorization.

(8) “Medical Practice Act” means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

(9) “Member board” means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation and education of physicians as directed by the state government.

(10) “Member state” means a state that has enacted the compact.

(11) “Practice of medicine” means the clinical prevention, diagnosis or treatment of human disease, injury or condition requiring a physician to obtain and maintain a license in compliance with the Medical Practice Act of a member state.

(12) “Physician” means any person who:

(A) Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation or a medical school listed in the International Medical Education Directory or its equivalent;

(B) Passed each component of the United States Medical Licensing Examination or the Comprehensive Osteopathic Medical Licensing Examination within three attempts, or any of said examination's predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;

(C) Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;

(D) Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists;

(E) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

(F) Has never been convicted, received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;

(G) Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;

(H) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and

(I) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction.

(13) “Offense” means a felony, gross misdemeanor or crime of moral turpitude.

(14) “Rule” means a written statement by the Interstate Commission promulgated pursuant to section 12 of the compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal or suspension of an existing rule.

(15) “State” means any state, commonwealth, district or territory of the United States.

(16) “State of principal license” means a member state where a physician holds a license to practice medicine and that has been designated as such by the physician for purposes of registration and participation in the compact.

SECTION 3. ELIGIBILITY

(a) A physician shall meet the eligibility requirements set forth in subparagraphs (A) to (I), inclusive, of subdivision (12) of section 2 of the compact to receive an expedited license under the terms and provisions of the compact.

(b) A physician who does not meet the requirements set forth in subparagraphs (A) to (I), inclusive, of subdivision (12) of section 2 of the compact may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in such state.

SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE

(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in such state, and the state is:

(1) The state of principal residence for the physician;

(2) The state where at least twenty-five per cent of the practice of medicine occurs;

(3) The location of the physician's employer; or

(4) If no state qualifies under subdivision (1), (2) or (3) of this subsection, the state designated as state of residence for purpose of federal income tax.

(b) A physician may redesignate a member state as state of principal license at any time, provided the state meets the requirements of subsection (a) of this section.

(c) The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.

SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE

(a) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the Interstate Commission.

(1) Static qualifications, including, but not limited to, verification of medical education, graduate medical education, results of any medical or licensing examination and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.

(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including, but not limited to, the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202.

(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of such state.

(c) Upon verification in subsection (b) of this section, a physician eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a) of this section, including, but not limited to, the payment of any applicable fees.

(d) After receiving verification of eligibility under subsection (b) of this section and any fees under subsection (c) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.

(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license in the member state.

(f) An expedited license obtained through the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.

(g) The Interstate Commission is authorized to develop rules regarding the application process, including, but not limited to, payment of any applicable fees, and the issuance of an expedited license.

SECTION 6. FEES FOR EXPEDITED LICENSURE

(a) A member state issuing an expedited license authorizing the practice of medicine in such state may impose a fee for a license issued or renewed through the compact.

(b) The Interstate Commission is authorized to develop rules regarding fees for expedited licenses.

SECTION 7. RENEWAL AND CONTINUED PARTICIPATION

(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:

(1) Maintains a full and unrestricted license in a state of principal license;

(2) Has not been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;

(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and

(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.

(c) The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.

(d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member board shall renew the physician's license.

(e) Physician information collected by the Interstate Commission during the renewal process shall be distributed to all member boards.

(f) The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the compact.

SECTION 8. COORDINATED INFORMATION SYSTEM

(a) The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under section 5 of the compact.

(b) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action for or complaint against a licensed physician who has applied or received an expedited license through the compact.

(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.

(d) Member boards may report any nonpublic complaint or any disciplinary or investigatory information not required by subsection (c) of the compact to the Interstate Commission.

(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.

(f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal and used only for investigatory or disciplinary matters.

(g) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.

SECTION 9. JOINT INVESTIGATIONS

(a) Licensure and disciplinary records of physicians are deemed investigative.

(b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

(c) A subpoena issued by a member state shall be enforceable in other member states.

(d) Member boards may share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.

SECTION 10. DISCIPLINARY ACTIONS

(a) Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct that may be subject to discipline by other member boards, in addition to any violation of the Medical Practice Act or regulations in such state.

(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician's license, a license issued to the physician by any other member board shall remain encumbered until such respective member board takes action to reinstate the license in a manner consistent with the Medical Practice Act of such state.

(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and perform one of the following actions:

(1) Impose the same or any lesser sanction against the physician, provided such sanctions are consistent with the Medical Practice Act of such state; or

(2) Pursue separate disciplinary action against the physician under its respective Medical Practice Act, regardless of the action taken in other member states.

(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member board, for ninety days upon entry of the order by the disciplining board, to permit the member board to investigate the basis for the action under the Medical Practice Act of such state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety-day suspension period in a manner consistent with the Medical Practice Act of such state.

SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION

(a) The member states hereby create the Interstate Medical Licensure Compact Commission.

(b) The purpose of the Interstate Commission is the administration of the compact, which is a discretionary state function.

(c) The Interstate Commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.

(d) The Interstate Commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be the following:

(1) An allopathic or osteopathic physician appointed to a member board;

(2) An executive director, executive secretary or similar executive of a member board; or

(3) A member of the public appointed to a member board.

(e) The Interstate Commission shall meet at least once each calendar year. A portion of such meeting shall be a business meeting to address such matters as may properly come before the commission, including, but not limited to, the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.

(f) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

(g) Each commissioner participating at a meeting of the Interstate Commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from such state who shall meet the requirements of subsection (d) of this section.

(h) The Interstate Commission shall provide public notice of all meetings and all meetings shall be open to the public. The Interstate Commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to:

(1) Relate solely to the internal personnel practice and procedures of the Interstate Commission;

(2) Include a discussion of matters specifically exempted from disclosure by federal statute;

(3) Include a discussion of trade secrets or commercial or financial information that is privileged or confidential;

(4) Involve accusing a person of a crime, or formally censuring a person;

(5) Include a discussion of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) Include a discussion of investigative records compiled for law enforcement purposes; or

(7) Specifically relate to the participation in a civil action or other legal proceeding.

(i) The Interstate Commission shall keep minutes of all meetings, which minutes shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including, but not limited to, a record of any roll call votes.

(j) The Interstate Commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.

(k) The Interstate Commission shall establish an executive committee, which shall include officers, members and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. When acting on behalf of the Interstate Commission, the executive committee shall oversee the administration of the compact, including, but not limited to, enforcement and compliance with the provisions of the compact, its bylaws and rules and other such duties as necessary.

(l) The Interstate Commission shall establish other committees for governance and administration of the compact.

SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The powers and duties of the Interstate Commission are as follows:

(1) Oversee and maintain the administration of the compact;

(2) Promulgate rules that shall be binding to the extent and in the manner provided for in the compact;

(3) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules and actions;

(4) Enforce compliance with compact provisions, the rules promulgated by the Interstate Commission and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;

(5) Establish and appoint committees, including, but not limited to, an executive committee as required by section 11 of the compact, that shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;

(6) Pay, or provide for the payment of the expenses related to the establishment, organization and ongoing activities of the Interstate Commission;

(7) Establish and maintain one or more offices;

(8) Borrow, accept, hire or contract for services of personnel;

(9) Purchase and maintain insurance and bonds;

(10) Employ an executive director who shall have such powers to employ, select or appoint employees, agents or consultants, and to determine the qualifications, define the duties and fix the compensation of such employees, agents or consultants;

(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel;

(12) Accept donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of such money, equipment, supplies, material and services in a manner consistent with the conflict of interest policies established by the Interstate Commission;

(13) Lease, purchase, accept contributions or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed;

(14) Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

(15) Establish a budget and make expenditures;

(16) Adopt a seal and bylaws governing the management and operation of the Interstate Commission;

(17) Report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such report shall also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;

(18) Coordinate education, training and public awareness regarding the compact, its implementation and its operation;

(19) Maintain records in accordance with the bylaws;

(20) Seek and obtain trademarks, copyrights and patents; and

(21) Perform such functions as may be necessary or appropriate to achieve the purpose of the compact.

SECTION 13. FINANCE POWERS

(a) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment shall be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

(b) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.

(c) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.

(d) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed accountant and the report of the audit shall be included in the annual report of the Interstate Commission.

SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

(a) The Interstate Commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact not later than twelve months after the first Interstate Commission meeting.

(b) The Interstate Commission shall elect or appoint annually from among its commissioners a chairperson, a vice-chairperson and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission.

(c) Officers elected or appointed pursuant to subsection (b) of this section shall serve without remuneration for the Interstate Commission.

(d) The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties or responsibilities, provided such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or wilful and wanton misconduct of such person.

(e) The liability of the executive director and employees of the Interstate Commission or representatives of the Interstate Commission, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state, may not exceed the limits of liability set forth under the constitution and laws of such state for state officials, employees and agents. The Interstate Commission is considered to be an instrumentality of the states for the purpose of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of such person.

(f) The Interstate Commission shall defend the executive director, its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided the actual or alleged act, error or omission did not result from intentional or wilful and wanton misconduct on the part of such person.

(g) To the extent not covered by the state involved, member state or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including, but not limited to, attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of the Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided the actual or alleged act, error or omission did not result from intentional or wilful and wanton misconduct on the part of such person.

SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

(a) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the compact. Notwithstanding the foregoing, if the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted under the compact, then such an action by the Interstate Commission shall be invalid and have no force or effect.

(b) Rules deemed appropriate for the operations of the Interstate Commission shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act” of 2010, as amended from time to time.

(c) Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, provided the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.

SECTION 16. OVERSIGHT OF INTERSTATE COMPACT

(a) The executive, legislative and judicial branches of state government in each member state shall enforce the compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of the compact and the rules promulgated under the compact shall have standing as statutory law, but shall not override existing state authority to regulate the practice of medicine.

(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact that may affect the powers, responsibilities or actions of the Interstate Commission.

(c) The Interstate Commission shall be entitled to receive all services of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, the compact or promulgated rules.

SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT

(a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.

(b) The Interstate Commission may, by majority vote of the commissioners, initiate legal action in the United States Court for the District of Columbia, or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including, but not limited to, reasonable attorney's fees.

(c) The remedies set forth in the compact shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or regulation of a profession.

SECTION 18. DEFAULT PROCEDURES

(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the Interstate Commission promulgated under the compact.

(b) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the Interstate Commission shall take the following actions:

(1) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state shall cure its default; and

(2) Provide remedial training and specific technical assistance regarding the default.

(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of the default.

(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state's legislature and each of the member states.

(e) The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.

(f) The member state that has been terminated is responsible for all dues, obligations and liabilities incurred through the effective date of termination, including, but not limited to, obligations the performance of which extends beyond the effective date of termination.

(g) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

(h) The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including, but not limited to, reasonable attorney's fees.

SECTION 19. DISPUTE RESOLUTION

(a) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and may arise among member states or member boards.

(b) The Interstate Commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.

SECTION 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

(a) Any state is eligible to become a member of the compact.

(b) The compact shall become effective and binding upon legislative enactment of the compact into law by not less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by such state.

(c) The governors of nonmember states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.

(d) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

SECTION 21. WITHDRAWAL

(a) Once effective, the compact shall continue in force and remain binding upon every member state, provided a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.

(b) Withdrawal from the compact shall be done by the enactment of a statute repealing the compact, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.

(c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.

(d) The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw not later than sixty days after its receipt of notice provided under subsection (c) of this section.

(e) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including, but not limited to, obligations, the performance of which extend beyond the effective date of withdrawal.

(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

(g) The Interstate Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.

SECTION 22. DISSOLUTION

(a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership of the compact to one member state.

(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded, and surplus funds shall be distributed in accordance with the bylaws.

SECTION 23. SEVERABILITY AND CONSTRUCTION

(a) The provisions of the compact shall be severable, and if any phrase, clause, sentence or provision of the compact is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(b) The provisions of the compact shall be liberally construed to effectuate its purposes.

(c) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the member states are members.

SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Nothing in the compact prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.

(c) All lawful actions of the Interstate Commission, including, but not limited to, all rules and bylaws promulgated by said commission, are binding upon the member states.

(d) All agreements between the Interstate Commission and the member states are binding in accordance with the terms of such agreements.

(e) If any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in such member state.
Conn. Gen. Stat. § 20-195cc — Connecticut Code / Title 20 / Chapter 383c / Section 20-195cc
Sec. 20-195cc. License application. Renewal. Fees. Continuing education. Temporary authorization to practice.
Status: in_force

(b) Licenses issued to professional counselors and professional counselor associates under this section may be renewed annually pursuant to section 19a-88 . The fee for such renewal shall be two hundred dollars for a professional counselor and one hundred twenty-five dollars for a professional counselor associate. Each licensed professional counselor and professional counselor associate applying for license renewal shall furnish evidence satisfactory to the commissioner of having participated in continuing education programs. The commissioner shall adopt regulations, in accordance with chapter 54, to (1) define basic requirements for continuing education programs that shall include (A) not less than one contact hour of training or education each registration period on the topic of cultural competency, (B) on and after January 1, 2016, not less than two contact hours of training or education during the first renewal period in which continuing education is required and not less than once every six years thereafter on the topic of mental health conditions common to veterans and family members of veterans, including (i) determining whether a patient is a veteran or family member of a veteran, (ii) screening for conditions such as post-traumatic stress disorder, risk of suicide, depression and grief, and (iii) suicide prevention training, and (C) on and after January 1, 2018, not less than three contact hours of training or education each registration period on the topic of professional ethics, (2) delineate qualifying programs, (3) establish a system of control and reporting, and (4) provide for a waiver of the continuing education requirement for good cause.

(c) (1) Any individual who has been convicted of any criminal offense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a license issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual.

(2) An individual making such request shall include (A) details of the individual's criminal conviction, and (B) any payment required by the commissioner. The commissioner may charge a fee of not more than fifteen dollars for each request made under this subsection. The commissioner may waive such fee.

(3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a license issued or conferred pursuant to this chapter.

(4) The commissioner is not bound by a determination made under this section, if, upon further investigation, the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.

(d) Notwithstanding the provisions of this section, a person who is a graduate of a course of study described in subdivision (1) or (2) of subsection (b) of section 20-195dd may practice professional counseling for a period not greater than one hundred twenty calendar days after the date such person completed such course of study, provided such person works under professional supervision.
Conn. Gen. Stat. § 20-512 — Connecticut Code / Title 20 / Chapter 400g / Section 20-512
Sec. 20-512. Regulations concerning approval of schools. Registration prior to offering approved courses. Fees. Course approval.
Status: in_force

(b) Each such school shall obtain a registration as a real estate appraisal school from the commission before offering approved courses in real estate appraisal prerequisite education or continuing education. Each application for such school registration shall be made on forms prescribed by the Commissioner of Consumer Protection.

(c) Each real estate appraisal school registration shall expire biennially and may be renewed. The application fee for such registration shall be one hundred dollars. The initial registration fee and renewal fee for such registration shall be two hundred dollars each.

(d) Each course in appraisal prerequisite education or continuing education shall require a separate application and be approved by the commissioner. The application fee for each course in appraisal prerequisite education or continuing education shall be one hundred dollars.
Conn. Gen. Stat. § 20-325e — Connecticut Code / Title 20 / Chapter 392 / Section 20-325e
Sec. 20-325e. Hearings re real property claims for liens. Foreclosures. Judicial intervention.
Status: in_force

(b) The application, order and summons shall be substantially in the following form:

APPLICATION FOR DISCHARGE OR REDUCTION OF REAL PROPERTY CLAIM FOR LIEN

To the .... Court of ....

The undersigned represents:

1. That .... is the owner of the real estate described in Schedule A attached hereto.

2. That the names and addresses of all other owners of record of such real estate are as follows:

3. That on or about ...., (date) ...., (name of lienor) of .... (address of lienor) placed a real property claim for lien on such real estate and gave notice thereof.

4. That there is not probable cause to sustain the validity of such claim for lien (or: That such claim for lien is excessive).

5. That the applicant seeks an order for discharge (or reduction) of such claim for lien.

Name of Applicant

By ....

Attorney

ORDER

The above application having been presented to the court, it is hereby ordered, that a hearing be held thereon at .... a.m. and that the applicant give notice to the following persons: (Names and addresses of persons entitled to notice) of the pendency of said application and of the time when it will be heard by causing a true and attested copy of the application, and of this order to be served upon such persons by some proper officer or indifferent person on or before .... and that due return of such notice be made to this court.

Dated at .... this .... day of .... 20...

SUMMONS

To the state marshal of the county of .... or either constable of the town of ...., in said county,

Greeting:

By authority of the state of Connecticut, you are hereby commanded to serve a true and attested copy of the above application and order upon ...., of .... by leaving the same in such person's hands or at such person's usual place of abode (or such other notice as ordered by the court) on or before .....

Hereof fail not but due service and return make.

Dated at .... this .... day of .... 20...

Commissioner of the Superior Court

(1) The clerk upon receipt of all the documents in duplicate, if the clerk finds them to be in proper form, shall fix a date for a hearing on the application and sign the order of hearing and notice. An entry fee of twenty dollars shall then be collected and a copy of the original document shall be placed in the court file.

(2) The clerk shall deliver to the applicant's attorney the original of the documents for service. Service having been made, the original documents shall be returned to the court with the endorsement by the officer of such officer's actions.

(c) If an action for foreclosure of the claim for lien is pending before any court, any party to that action may at any time prior to trial, unless an application under subsection (a) of this section has previously been ruled upon, move that the claim for lien be discharged or reduced.

(d) No more than one application under subsection (a) of this section or motion under subsection (c) of this section shall be ruled upon with respect to any single real property claim for lien, except that this subsection shall not preclude an application or motion by a person not given notice of the prior application or not a party to the action at the time the prior motion was ruled upon.
Conn. Gen. Stat. § 20-372 — Connecticut Code / Title 20 / Chapter 396 / Section 20-372
Sec. 20-372. Issuance of license. Roster. Seal.
Status: in_force

(b) Each landscape architect licensed under this chapter shall have a seal approved by the board, which shall contain the name of the landscape architect and the words “licensed landscape architect, state of Connecticut”, and such other words or figures as the board may deem necessary. Working drawings or reports prepared for plans or projects which by the terms of this chapter shall be prepared by a licensed landscape architect shall be stamped with the seal of the landscape architect. No person shall designate or imply that he is the author of such working drawings or reports unless such person was in responsible charge of their preparation, whether made by him personally, or under his immediate supervision.
Conn. Gen. Stat. § 20-12n — Connecticut Code / Title 20 / Chapter 370 / Section 20-12n
Sec. 20-12n. Homeopathic physicians.
Status: in_force

(b) Subject to the provisions of this section, no person shall practice as a homeopathic physician until such person has obtained a license to practice medicine and surgery from the Department of Public Health in accordance with this chapter. No license as a homeopathic physician shall be required of a graduate of any school or institution giving instruction in the healing arts who is completing a post-graduate medical training in homeopathy pursuant to subsection (c) of this section.

(c) Applicants for licensure as a homeopathic physician shall, in addition to holding a license as a physician or surgeon issued in accordance with section 20-10 , have successfully completed not less than one hundred twenty hours of post-graduate medical training in homeopathy offered by an institution approved by the American Institute of Homeopathy or one hundred twenty hours of post-graduate medical training in homeopathy under the direct supervision of a licensed homeopathic physician, which shall consist of thirty hours of theory and ninety hours of clinical practice. The Department of Public Health shall approve any training completed under the direction of a licensed homeopathic physician.

See Sec. 53-341 re penalty.
Conn. Gen. Stat. § 20-320 — Connecticut Code / Title 20 / Chapter 392 / Section 20-320
Sec. 20-320. Suspension or revocation of license or registration. Fines.
Status: in_force

(b) No person shall be relieved of responsibility for the conduct or actions of such person's agents, employees or officers by reason of such person's compliance with the provisions of this chapter. No person who engages in the real estate business shall be relieved of responsibility for such person's own conduct or actions by reason of such person's employment by, or association with, any real estate licensee or development owner.

Commission has jurisdiction to revoke broker's license pursuant to section only if he is acting in his capacity as broker, i.e. performing or attempting to perform “for another and for a fee”. 169 C. 445. Cited. 177 C. 515; 213 C. 612.

Cited. 7 CA 120; 14 CA 46; 25 CA 51; 37 CA 777.

Cited. 26 CS 193.
Conn. Gen. Stat. § 20-185i — Connecticut Code / Title 20 / Chapter 382a / Section 20-185i
Sec. 20-185i. Behavior analysis. Behavior Analyst Certification Board. Licensed behavior analyst. Board certified assistant behavior analyst. Use of title.
Status: in_force

(1) “Behavior Analyst Certification Board” means the nonprofit corporation established to meet the professional credentialing needs of behavior analysts, governments and consumers of behavior analysis services and accredited by the National Council for Certifying Agencies in Washington, D.C., or any successor national accreditation organization;

(2) “Behavior analysis” means the design, implementation and evaluation of environmental modifications, using behavior stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between the environment and behavior, to produce socially significant improvement in human behavior, but does not include: (A) Psychological testing, (B) neuropsychology, (C) cognitive therapy, (D) sex therapy, (E) psychoanalysis, (F) hypnotherapy, (G) cognitive behavioral therapy, (H) psychotherapy, or (I) long-term counseling as treatment modalities;

(3) “Behavior analyst” means a person who is licensed to practice behavior analysis under the provisions of section 20-185k or 20-185 l ; and

(4) “Assistant behavior analyst” means a person who has been certified as an assistant behavior analyst by the Behavior Analyst Certification Board to assist in the practice of behavior analysis under the supervision of a behavior analyst.

(b) No person, unless certified by the Behavior Analyst Certification Board as a board certified assistant behavior analyst, shall use in connection with his or her name or place of business: (1) The words “board certified assistant behavior analyst” or “certified assistant behavior analyst”, (2) the letters “BCABA”, or (3) any words, letters, abbreviations or insignia indicating or implying that he or she is a board certified assistant behavior analyst or in any way, orally, in writing, in print or by sign, directly or by implication, represent himself or herself as a board certified assistant behavior analyst. Any person who violates the provisions of this section shall be guilty of a class D felony. For the purposes of this section, each instance of contact or consultation with an individual which is in violation of any provision of this section shall constitute a separate offense.
Conn. Gen. Stat. § 20-329t — Connecticut Code / Title 20 / Chapter 392 / Section 20-329t
Sec. 20-329t. Annual financial report.
Status: in_force

(b) The Commissioner of Consumer Protection, with the advice and assistance of the commission, may, by regulation adopted in accordance with chapter 54, require such additional information in such report as the commissioner may deem necessary.

(c) In the event that a real property securities dealer fails to file a report pursuant to this section the commissioner may cause an audit to be made and shall charge and collect the cost of the audit from such dealer.
Conn. Gen. Stat. § 20-515 — Connecticut Code / Title 20 / Chapter 400g / Section 20-515
Sec. 20-515. Persons certified or provisionally licensed in another state. Consent to suits and actions. Fees. Regulations.
Status: in_force

(b) Every applicant who is certified or provisionally licensed in another state as a real estate appraiser shall file an irrevocable consent that suits and actions may be commenced against such applicant in the proper court in any judicial district of the state in which a cause of action may arise or in which the plaintiff may reside, by the service of any process or pleading, authorized by the laws of this state, on the chairperson of the commission, such consent stipulating and agreeing that such service of such process or pleading shall be taken and held in all courts to be as valid and binding as if service had been made upon such applicant in this state. If any process or pleadings mentioned in this chapter are served upon the chairperson of the commission, it shall be by duplicate copies, one of which shall be filed in the office of the commission, and the other immediately forwarded by registered or certified mail, to the applicant against whom such process or pleadings are directed, at the last-known address of such applicant as shown by the records of the commission. No default in any such proceedings or action shall be taken unless it appears by affidavit of the chairperson of the commission that a copy of the process or pleading was mailed to the defendant as required in this subsection, and no judgment by default shall be taken in any such action or proceeding within twenty days after the date of mailing of such process or pleading to the out-of-state defendant.

(c) The Commissioner of Consumer Protection, with the advice and assistance of the commission, pursuant to Section 1122(a) of Title XI of FIRREA, shall adopt regulations, in accordance with chapter 54, as the commissioner deems necessary to effectuate certification and provisional licensing of persons who are certified or provisionally licensed in other states as appraisers. Such certification and provisional licensing shall be recognized on a temporary basis in this state. The fee for a temporary certification or provisional license shall be one hundred dollars. The temporary certification or provisional license shall be effective for one hundred eighty days from issuance and may be extended for one additional period not to exceed one hundred eighty days for no additional fee.
Conn. Gen. Stat. § 20-314 — Connecticut Code / Title 20 / Chapter 392 / Section 20-314
Sec. 20-314. License qualifications. Examinations. Renewals. Fees. Reinstatement. Hearings.
Status: in_force

(b) Each application for a license or for a renewal thereof shall be made in writing, on such forms and in such manner as is prescribed by the department.

(c) In order to determine the competency of any applicant for a real estate licensee's license, the commission or Commissioner of Consumer Protection shall, on payment of an application fee of one hundred twenty dollars by an applicant for a real estate broker's license or an application fee of eighty dollars by an applicant for a real estate salesperson's license, subject such applicant to personal written examination as to the applicant's competency to act as a real estate broker or real estate salesperson, as the case may be. Each examination shall be prepared by the department or by a national testing service designated by the commissioner and shall be administered to applicants by the department or by such testing service at such times and places as the commissioner may deem necessary. The commission or commissioner may waive the uniform portion of the written examination requirement in the case of an applicant who has taken the national testing service examination in another state within two years from the date of application and has received a score deemed satisfactory by the commission or commissioner. The commissioner shall adopt regulations, in accordance with chapter 54, establishing passing scores for examinations. In addition to such application fee, applicants taking the examination administered by a national testing service shall be required to pay directly to such testing service an examination fee covering the cost of such examination. Each payment of such application fee shall entitle the applicant to take such examination within the one-year period from the date of payment.

(d) (1) Each applicant shall, before being admitted to such examination, prove to the satisfaction of the commission or the Commissioner of Consumer Protection that the applicant (A) (i) has been actively engaged as a licensed real estate salesperson under the supervision of a supervising licensee, who is licensed in this state, for a minimum period of three years immediately preceding the date the applicant filed such applicant's application, during which period such salesperson engaged in the real estate business for at least one thousand five hundred hours and such supervising licensee, or such supervising licensee's authorized representative, has certified the accuracy of a record of such applicant's active engagement on a form provided by such applicant to such supervising licensee or authorized representative, (ii) has successfully completed a course approved by the commission or commissioner in real estate principles and practices of at least sixty classroom hours of study, (iii) has successfully completed a course approved by the commission or commissioner in real estate legal compliance consisting of at least fifteen classroom hours of study, (iv) has successfully completed a course approved by the commission or commissioner in real estate brokerage principles and practices consisting of at least fifteen classroom hours, (v) has successfully completed two elective courses, each consisting of fifteen classroom hours of study, as prescribed by the commission or commissioner, and (vi) has represented a seller, buyer, lessor or lessee in at least four real estate transactions that closed during the three years immediately preceding the date on which such applicant filed such applicant's application, or (B) has equivalent experience or education as determined by the commission or commissioner. Each supervising licensee, or authorized representative of such supervising licensee, shall certify the accuracy or inaccuracy of a record provided by an applicant to such supervising licensee or authorized representative under subparagraph (A)(i) of this subdivision not later than ninety days after such applicant provides such record to such supervising licensee or authorized representative.

(2) The commission or the commissioner shall waive the elective courses under subparagraph (A)(v) of subdivision (1) of this subsection if the applicant has successfully completed at least twenty real estate transactions within five years immediately preceding the date of application.

(3) Each applicant for a real estate salesperson's license shall, before being admitted to such examination, prove to the satisfaction of the commission or the commissioner that the applicant (A) has successfully completed a course approved by the commission or commissioner in real estate principles and practices consisting of at least sixty classroom hours of study, or (B) has equivalent experience or education as determined by the commission or commissioner.

(e) The provisions of subsections (c) and (d) of this section shall not apply to any renewal of a real estate broker's license, or a real estate salesperson's license issued prior to October 1, 1973.

(f) All licenses issued under the provisions of this chapter shall expire biennially. At the time of application for a real estate broker's license, there shall be paid to the department, for each individual applicant and for each business entity, the sum of one thousand one hundred thirty dollars, and for the biennial renewal thereof, the sum of seven hundred fifty dollars, except that for licenses expiring on March 31, 2022, a prorated renewal fee shall be charged to reflect the fact that the March 2022, renewal shall expire on November 30, 2023. At the time of application for a real estate salesperson's license, there shall be paid to the department five hundred seventy dollars and for the biennial renewal thereof the sum of five hundred seventy dollars. Six dollars of each such biennial renewal fee shall be payable to the Real Estate Guaranty Fund established pursuant to section 20-324a . A real estate broker's license issued to any business entity shall entitle the designated broker, upon compliance with the terms of this chapter, but without the payment of any further fee, to perform all of the acts of a real estate broker under this chapter on behalf of such business entity. Any license which expires and is not renewed on or before the ninetieth day following the expiration date of such license may be reinstated by the commission or department, in the commission's or department's discretion, provided such license has expired for less than three years and the former licensee (1) attests that such former licensee did not work in this state in the occupation or profession in which such former licensee was licensed while such former licensee's license was lapsed, (2) pays the renewal fee due for such license for the year in which such license is reinstated, and (3) completes any continuing education required for such license for the year preceding such reinstatement. If an applicant for reinstatement worked in this state in the occupation or profession in which such applicant was formerly licensed while such license was lapsed, the applicant shall pay all license and late fees due and owing for the lapse period and demonstrate that such applicant has completed all continuing education required for such license for the year preceding such reinstatement. Such late fees shall be assessed for each real estate broker's license in the amount of three hundred seventy-five dollars and for each real estate salesperson's license in the amount of two hundred eighty-five dollars for each year or fraction thereof from the date of expiration of the previous license to the date of payment for reinstatement. If a license has lapsed for at least three years, the former licensee is ineligible for reinstatement under this subsection and may apply for a new license. Notwithstanding any contrary provision of this subsection, a former licensee whose license expired after such former licensee entered military service shall be reinstated without payment of any fee if an application for reinstatement is filed with the commission or department before the third anniversary of such expiration date, and the former licensee provides evidence that is sufficient to demonstrate to the commission or department that such former licensee completed at least six hours of continuing education for such license, including, but not limited to, the mandatory continuing education required for such license, during the calendar year preceding the date on which such application for reinstatement is filed. Any such reinstated broker's license shall expire on the next succeeding November thirtieth. Any such reinstated real estate salesperson's license shall expire on the next succeeding May thirty-first.

(g) Following a denial of a license or license renewal application filed under this section, the department shall send a notice to the applicant who filed such application disclosing such denial and that such applicant may request a hearing by submitting to the Commissioner of Consumer Protection a written hearing request not later than thirty days after the date such denial notice was sent to such applicant. If the applicant requests a hearing during such thirty-day period, the department shall send a notice to such applicant disclosing the grounds for such denial and conduct a hearing concerning such denial in accordance with the provisions of chapter 54. If the commissioner's denial is sustained after such hearing, the applicant may file a new application for such license or license renewal not sooner than one year after the date on which such denial was sustained.

See Sec. 10a-125 re use of real estate brokers' license fees for maintenance of University of Connecticut Center for Real Estate and Urban Studies.

See Sec. 21a-10(b) re staggered schedule for license renewals.

Cited. 144 C. 647.

Cited. 36 CS 217.
Conn. Gen. Stat. § 20-441 — Connecticut Code / Title 20 / Chapter 400a / Section 20-441
Sec. 20-441. Regulations. Retraining.
Status: in_force

See Sec. 19a-332 for applicable definitions.

See Sec. 52-577a for statute of limitations on claims based on exposure to asbestos.
Conn. Gen. Stat. § 20-99b — Connecticut Code / Title 20 / Chapter 378 / Section 20-99b
Sec. 20-99b. Nurse Licensure Compact.
Status: in_force

NURSE LICENSURE COMPACT

ARTICLE I

FINDINGS AND DECLARATION OF PURPOSE

(a) The party states find that:

(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;

(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;

(3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;

(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;

(5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and

(6) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.

(b) The general purposes of the compact are to:

(1) Facilitate the states' responsibility to protect the public's health and safety;

(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;

(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;

(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction;

(5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;

(6) Decrease redundancies in the consideration and issuance of nurse licenses; and

(7) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.

ARTICLE II

DEFINITIONS

As used in the compact:

(1) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege, including, but not limited to, revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a nurse's authorization to practice, including, but not limited to, issuance of a cease and desist action.

(2) “Alternative program” means a nondisciplinary monitoring program approved by a licensing board.

(3) “Compact” means the Nurse Licensure Compact enacted into law and entered into by the state pursuant to this section.

(4) “Coordinated licensure information system” means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

(5) “Current significant investigative information” means:

(A) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

(B) Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.

(6) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.

(7) “Home state” means the party state that is the nurse's primary state of residence.

(8) “Licensing board” means a party state's regulatory body responsible for issuing nurse licenses.

(9) “Multistate license” means a license to practice as a registered nurse or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.

(10) “Multistate licensure privilege” means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or (LPN/VN) in a remote state.

(11) “Nurse” means a registered nurse (RN) or licensed practical/vocational nurse (LPN/VN), as such terms are defined by each party state's practice laws.

(12) “Party state” means any state that has adopted the compact.

(13) “Remote state” means a party state, other than the home state.

(14) “Single-state license” means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.

(15) “State” means a state, territory or possession of the United States and the District of Columbia.

(16) “State practice laws” means a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice and create the methods and grounds for imposing discipline. “State practice laws” does not include requirements necessary to obtain and retain a license, except qualifications or requirements of the home state.

ARTICLE III

GENERAL PROVISIONS AND JURISDICTION

(a) A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in such state shall be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.

(b) A state shall implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining such state's criminal records.

(c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:

(1) The applicant meets the home state's qualifications for licensure or renewal of licensure, including all other applicable state laws;

(2) The applicant (A) graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program, (B) graduated from a foreign RN or LPN/VN prelicensure education program that is (i) approved by the authorized accrediting body in the applicable country, and (ii) verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program, (C) if a graduate of a foreign prelicensure education program, has not taught in English or, if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening, (D) successfully passed a National Council Licensure Examination for Registered Nurses or a National Council Licensure Examination for Practical Nurses administered by the National Council of the State Boards of Nursing, or a nationally recognized predecessor to said examinations, as applicable, (E) is eligible for or holds an active, unencumbered license, (F) submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining such state's criminal records, (G) has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law, (H) has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis, (I) is not enrolled in an alternative program, (J) is subject to self-disclosure requirements regarding current participation in an alternative program, and (K) has a valid Social Security number.

(d) Any party state may, in accordance with existing state due process law, take adverse action against a nurse's multistate licensure privilege, including, but not limited to, revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including, but not limited to, a cease and desist action. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by a remote state.

(e) A nurse practicing in a party state shall comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care and shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege shall subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.

(f) Any individual not residing in a party state shall continue to be able to apply for a party state's single-state license as provided under the laws of each party state, except the single-state license granted to such individual shall not be recognized as granting the privilege to practice nursing in any other party state. Nothing in the compact shall affect the requirements established by a party state for the issuance of a single-state license.

(g) Any nurse holding a home state multistate license on the effective date of the compact may retain and renew the multistate license issued by the nurse's then-current home state, provided:

(1) A nurse who changes primary state of residence after the compact's effective date shall meet all applicable requirements of subsection (c) of this article of the compact to obtain a multistate license from a new home state;

(2) A nurse who fails to satisfy the multistate licensure requirements of subsection (c) of this article of the compact due to a disqualifying event occurring after the compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators established pursuant to Article VII of the compact.

ARTICLE IV

APPLICATIONS FOR LICENSURE IN A PARTY STATE

(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.

(b) A nurse may hold a multistate license issued by the home state in only one party state at a time.

(c) If a nurse changes primary state of residence by moving from one party state to another party state, the nurse shall apply for licensure in the new home state, and the multistate license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators established pursuant to Article VII of the compact.

(1) The nurse may apply for licensure in advance of a change in primary state of residence.

(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.

(d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state shall convert to a single-state license that is valid only in the former home state.

ARTICLE V

ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS

(a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:

(1) Take adverse action against a nurse's multistate licensure privilege to practice within the licensing board's party state, provided:

(A) Only the home state shall have the power to take adverse action against a nurse's license issued by such home state; and

(B) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action;

(2) Issue a cease and desist order or impose an encumbrance on a nurse's authority to practice within such party state;

(3) Complete any pending investigation of a nurse who changes such nurse's primary state of residence during the course of such investigation. The licensing board may take any appropriate action and shall promptly report the conclusions of any such investigation to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such action;

(4) Issue a subpoena for both hearings and investigations that require the attendance and testimony of witnesses, including, but not limited to, for the production of evidence. A subpoena issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction according to the practice and procedure of such court applicable to subpoenas issued in a proceeding pending before such court. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located;

(5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions;

(6) If otherwise permitted by state law, recover from the affected nurse the costs of any investigation and the disposition of any case resulting from any adverse action taken against such nurse; and

(7) Take adverse action based on the factual findings of the remote state, provided the licensing board follows its own procedures for taking such adverse action.

(b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.

(c) Nothing in the compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.

ARTICLE VI

COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION

(a) All party states shall participate in a coordinated licensure information system of all licensed RNs and licensed LPNs/VNs. Such system shall include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.

(b) The Interstate Commission of Nurse Licensure Compact Administrators established pursuant to Article VII of the compact, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under the compact.

(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, significant investigative information, denials of applications, including, but not limited to, the reasons for such denials, and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.

(d) Any significant investigative information and participation in nonpublic or confidential alternative programs reported pursuant to subsection (c) of this article of the compact shall be transmitted through the coordinated licensure information system only to party state licensing boards.

(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that shall not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.

(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing such information shall also be expunged from the coordinated licensure information system.

(h) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state that shall include, at a minimum:

(1) Identifying information;

(2) Licensure data;

(3) Information related to alternative program participation; and

(4) Other information that may facilitate the administration of the compact, as determined by rules of the Interstate Commission of Nurse Licensure Compact Administrators established pursuant to Article VII of the compact.

(i) The compact administrator of a party state shall provide all investigative documents and information requested by another party state.

ARTICLE VII

ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS

(a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators in accordance with the following provisions:

(1) The commission is an instrumentality of the party states;

(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings; and

(3) Nothing in the compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting and meetings:

(1) Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of the compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.

(2) Each administrator shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication.

(3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.

(4) All meetings shall be open to the public and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII of the compact.

(5) The commission may convene in a closed, nonpublic meeting if the commission is discussing any of the following:

(A) Noncompliance of a party state with such state's obligations under the compact;

(B) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;

(C) Ongoing, threatened or reasonably anticipated litigation;

(D) Negotiation of a contract for the purchase or sale of goods, services or real estate;

(E) Accusing any person of a crime or formally censuring any person;

(F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(H) Disclosure of investigatory records compiled for law enforcement purposes;

(I) Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with the compact; or

(J) Any matter specifically exempted from disclosure by federal or state statute.

(6) If a meeting or portion of a meeting is closed pursuant to subdivision (5) of this subsection, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, including, but not limited to, the reasons for such actions and a description of the views expressed at the meeting. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.

(c) The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including, but not limited to:

(1) Establishing the fiscal year of the commission;

(2) Providing reasonable standards and procedures:

(A) For the establishment and meetings of other committees; and

(B) Governing any general or specific delegation of any authority or function of the commission;

(3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, privacy of individuals and proprietary information, including, but not limited to, trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission shall make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;

(4) Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;

(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission; and

(6) Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations.

(d) The commission shall publish its bylaws and rules and any amendments to such bylaws and rules in a convenient form on the Internet web site of the commission.

(e) The commission shall maintain its financial records in accordance with such bylaws.

(f) The commission shall meet and take such actions that are consistent with the provisions of the compact and such bylaws.

(g) The commission shall have the following powers:

(1) To promulgate uniform rules, which shall have the force and effect of law and be binding in all party states, to facilitate and coordinate implementation and administration of the compact;

(2) To bring and prosecute legal proceedings or actions in the name of the commission, provided the standing of any licensing board to sue or be sued under applicable law shall not be affected;

(3) To purchase and maintain insurance and bonds;

(4) To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations;

(5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including, but not limited to, sharing administrative or staff expenses, office space or other resources;

(6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;

(7) To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and receive, utilize and dispose of such donations, grants and gifts of money, equipment, supplies, materials and services, provided the commission shall avoid at all times any appearance of impropriety or conflict of interest;

(8) To lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, whether real, personal or mixed, provided the commission shall avoid at all times any appearance of impropriety;

(9) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;

(10) To establish a budget and make expenditures;

(11) To borrow money;

(12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, consumer representatives and other such interested persons;

(13) To provide to and receive information from and cooperate with law enforcement agencies;

(14) To adopt and use an official seal; and

(15) To perform such other functions as may be necessary or appropriate to achieve the purposes of the compact consistent with the state regulation of nurse licensure and practice.

(h) Financing of the commission:

(1) The commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(2) The commission may levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states.

(3) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same or pledge the credit of any of the party states, except by and with the authority of such party state.

(4) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

(i) Qualified immunity, defense and indemnification:

(1) The administrators, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, provided nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, wilful or wanton misconduct of such person.

(2) The commission shall defend any administrator, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided (A) nothing in this subdivision shall be construed to prohibit such person from retaining such person's own counsel, and (B) the actual or alleged act, error or omission did not result from such person's intentional, wilful or wanton misconduct.

(3) The commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against such person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided the actual or alleged act, error or omission did not result from the intentional, wilful or wanton misconduct of such person.

ARTICLE VIII

RULEMAKING

(a) The Interstate Commission of Nurse Licensure Compact Administrators established pursuant to Article VII of the compact shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted pursuant to this article. Each rule and amendment shall become binding as of the date specified in such rule or amendment and shall have the same force and effect as provisions of the compact.

(b) Each rule and each amendment to a rule shall be adopted at a regular or special meeting of the commission.

(c) Prior to promulgation and adoption of a final rule by the commission, and at least sixty days in advance of the meeting at which such rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:

(1) On the Internet web site of the commission; and

(2) On the Internet web site of each licensing board or the publication in which each state would otherwise publish proposed rules.

(d) The notice of proposed rulemaking shall include:

(1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon;

(2) The text of the proposed rule or amendment, and the reason for the proposed rule or amendment;

(3) A request for comments on the proposed rule from any interested person; and

(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

(e) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.

(f) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

(g) The commission shall publish the place, time and date of the scheduled public hearing.

(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be recorded, and a copy of the recording shall be made available upon request.

(2) Nothing in this subsection shall be construed to require a separate hearing on each rule. Rules may be grouped for the convenience of the commission at a hearing required by this subsection.

(h) If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

(j) The commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(k) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided the usual rulemaking procedures provided in the compact shall be retroactively applied to the rule as soon as reasonably possible, but in no event later than ninety days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that shall be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety or welfare;

(2) Prevent a loss of commission or party state funds; or

(3) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.

(l) The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revision shall be posted on the Internet web site of the commission. The revision shall be subject to challenge by any person for a period of thirty days after posting of such revision. The revision may be challenged only on the ground that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the commission.

ARTICLE IX

OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

(a) Oversight:

(1) Each party state shall enforce the compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent.

(2) The Interstate Commission of Nurse Licensure Compact Administrators established pursuant to Article VII of the compact may receive service of process in any proceeding that may affect the powers, responsibilities or actions of the commission and shall have standing to intervene in such proceeding for all purposes. Failure to provide service of process in such proceeding to the commission shall render a judgment or order void as to the commission, compact or promulgated rules.

(b) Default, technical assistance and termination:

(1) If the commission determines that a party state has defaulted in the performance of its obligations or responsibilities under the compact or the promulgated rules, the commission shall:

(A) Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the commission; and

(B) Provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the defaulting state's membership in the compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by the compact may be terminated on the effective date of termination. A cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of default.

(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states.

(4) A state whose membership in the compact has been terminated shall be responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including, but not limited to, an obligation that extends beyond the effective date of termination.

(5) The commission shall not bear any costs related to a state that is found to be in default or whose membership in the compact has been terminated unless agreed upon in writing between the commission and the defaulting state.

(6) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.

(c) Dispute resolution:

(1) Upon request by a party state, the commission shall attempt to resolve disputes related to the compact that arise among party states and between party and non-party states.

(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

(3) In the event the commission cannot resolve disputes among party states arising under the compact:

(A) The party states may submit the issues in dispute to an arbitration panel that shall be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute; and

(B) The decision of a majority of the arbitrators shall be final and binding.

(d) Enforcement:

(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.

(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district in which the commission has its principal offices against a party state that is in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.

(3) The remedies set forth in the compact shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

ARTICLE X

EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT

(a) The compact shall become effective and binding on the date of legislative enactment of the compact into law by not less than twenty-six states or December 31, 2018, whichever is earlier. All party states to the compact that also were parties to the previous Nurse Licensure Compact (Prior Compact) that is superseded by the compact shall be deemed to have withdrawn from the Prior Compact not later than six months after the effective date of the compact adopted pursuant to this section.

(b) Each party state to the compact shall continue to recognize a nurse's multistate licensure privilege to practice in such party state issued under the Prior Compact until such party state has withdrawn from the Prior Compact.

(c) Any party state may withdraw from the compact by enacting a statute repealing the compact. A party state's withdrawal shall not take effect until six months after enactment of the repealing statute.

(d) A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.

(e) Nothing contained in the compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of the compact.

(f) The compact may be amended by the party states. No amendment to the compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.

(g) Representatives of non-party states to the compact shall be invited to participate in the activities of the Interstate Commission of Nurse Licensure Compact Administrators established pursuant to Article VII of the compact, on a nonvoting basis, prior to the adoption of the compact by all states.

ARTICLE XI

CONSTRUCTION AND SEVERABILITY

The compact shall be liberally construed to effectuate the purposes thereof. The provisions of the compact shall be severable, and if any phrase, clause, sentence or provision of the compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of the compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If the compact is determined to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Conn. Gen. Stat. § 20-133b — Connecticut Code / Title 20 / Chapter 380 / Section 20-133b
Sec. 20-133b. Professional liability insurance required, when. Amount of insurance. Reporting requirements.
Status: in_force

(b) Each insurance company that issues professional liability insurance, as defined in subdivisions (1), (6), (7), (8) and (9) of subsection (b) of section 38a-393 , shall, on and after January 1, 1997, render to the Commissioner of Public Health a true record of the names, according to classification, of cancellations of and refusals to renew professional liability insurance policies and the reasons for such cancellations or refusal to renew said policies for the year ending on the thirty-first day of December next preceding.
Conn. Gen. Stat. § 20-324e — Connecticut Code / Title 20 / Chapter 392 / Section 20-324e
Sec. 20-324e. Procedure.
Status: in_force

(b) When any aggrieved person recovers a valid judgment in the Superior Court against any real estate licensee or the unlicensed employee of any such real estate licensee for loss or damages sustained by reason of the embezzlement of money or property, or money or property unlawfully obtained from any person by false pretenses, artifice or forgery or by reason of any fraud, misrepresentation or deceit by or on the part of such real estate licensee or the unlicensed employee of any such real estate broker, such aggrieved person may upon the final determination of, or expiration of time for appeal in connection with, any judgment, apply to the commission for an order directing payment out of the Real Estate Guaranty Fund of the amount unpaid upon the judgment, subject to the limitations stated in section 20-324a and the limitations specified in this section.

(c) The commission shall proceed upon such application in a summary manner, and, upon the hearing thereof, the aggrieved person shall be required to show that: (1) Such aggrieved person is not a spouse of the debtor or the personal representative of such spouse; (2) such aggrieved person has complied with all the requirements of this section; (3) such aggrieved person has obtained a judgment as provided in subsection (b) of this section, stating the amount thereof and the amount owing thereon at the date of the application; (4) such aggrieved person has caused to be issued a writ of execution upon the judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of them or of such of them as were found, under the execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application thereon of the amount realized; (5) such aggrieved person has made all reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment; and (6) that by such search such aggrieved person has discovered no personal or real property or other assets liable to be sold or applied, or that such aggrieved person has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that such aggrieved person has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized.

(d) Whenever the aggrieved person satisfies the commission that it is not practicable to comply with one or more of the requirements enumerated in subdivisions (4), (5) and (6) of subsection (c) of this section and that such aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the commission may in its discretion waive such requirements.

(e) The commission shall order payment from the Real Estate Guaranty Fund of any sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this section and section 20-324a , if the commission is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by subsection (c) of this section and that such aggrieved person has fully pursued and exhausted all remedies available to such aggrieved person for recovering the amount awarded by the judgment of the court.

(f) If the commission pays from the Real Estate Guaranty Fund any amount in settlement of a claim or toward satisfaction of a judgment against a real estate licensee pursuant to an order under subsection (e) of this section, such real estate licensee shall not be eligible to receive a new license until such real estate licensee has repaid in full, plus interest at a rate to be determined by the commission and which shall reflect current market rates, the amount paid from the fund on such real estate licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection.

(g) If, at any time, the money deposited in the Real Estate Guaranty Fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of four per cent a year.

Cited. 189 C. 162; 192 C. 439.

Subsec. (a):

When read together with Sec. 20-324g, court construed statute as giving commission only a derivative party status in the plenary action. 189 C. 162.
Conn. Gen. Stat. § 20-54 — Connecticut Code / Title 20 / Chapter 375 / Section 20-54
Sec. 20-54. Qualifications for general practice, medical and nonsurgical treatment of the ankle and surgical treatment of the ankle. Licensure. Exception for surgery under the direct supervision of a physician or surgeon. Effect of license on hospital privileges.
Status: in_force

(b) A licensed podiatrist who is board qualified or certified by the American Board of Foot and Ankle Surgery or the American Board of Podiatric Medicine, or said boards' successor organizations, may engage in the medical and nonsurgical treatment of the ankle and the anatomical structures of the ankle, as well as the administration and prescription of drugs incidental thereto, and the nonsurgical treatment of manifestations of systemic diseases as they appear on the ankle. Such licensed podiatrist shall restrict treatment of displaced ankle fractures to the initial diagnosis and the initial attempt at closed reduction at the time of presentation and shall not treat tibial pilon fractures. For purposes of this section, “ankle” means the distal metaphysis and epiphysis of the tibia and fibula, the articular cartilage of the distal tibia and distal fibula, the ligaments that connect the distal metaphysis and epiphysis of the tibia and fibula and the talus, and the portions of skin, subcutaneous tissue, fascia, muscles, tendons and nerves at or below the level of the myotendinous junction of the triceps surae.

(c) A licensed podiatrist may independently engage in the surgical treatment of the ankle, including the surgical treatment of the anatomical structures of the ankle, as well as the administration and prescription of drugs incidental thereto, and the surgical treatment of manifestations of systemic diseases as they appear on the ankle, after the podiatrist provides documentation to the Department of Public Health of the following: (1) (A) Graduation on or after June 1, 2006, from a three-year residency program in podiatric medicine and surgery that was accredited by the Council on Podiatric Medical Education, or its successor organization, at the time of graduation, and (B) current board certification or qualification in reconstructive rearfoot ankle surgery by the American Board of Foot and Ankle Surgery, or its successor organization; or (2) (A) graduation prior to June 1, 2006, from a residency program in podiatric medicine and surgery that was at least two years in length and accredited at the time of graduation by said council, and (B) current board certification or qualification in reconstructive rearfoot ankle surgery by the American Board of Foot and Ankle Surgery, or its successor organization. For purposes of this section, “surgical treatment of the ankle” includes all soft tissue and osseous procedures, including ankle fracture fixation, ankle fusion, ankle arthroscopy, insertion or removal of external fixation pins into or from the tibial diaphysis at or below the level of the myotendinous junction of the triceps surae, insertion and removal of retrograde tibiotalocalcaneal intramedullary rods and locking screws up to the level of the myotendinous junction of the triceps surae and Chopart joint-level amputation, but does not include the surgical treatment of complications within the tibial diaphysis related to the use of external fixation pins, the performance of total ankle replacements or the treatment of tibial pilon fractures.

(d) The Department of Public Health shall implement a mechanism for (1) a podiatrist to provide the documentation required pursuant to subsection (c) of this section as part of the initial licensure application, and (2) credentialing boards and the public to access the names of podiatrists who submitted the documentation required pursuant to said subsection. Any podiatrist who, on October 1, 2018, held a standard ankle surgery permit issued by the department shall be considered to have met the documentation requirements set forth in said subsection.

(e) A licensed podiatrist who is board certified in foot and ankle surgery by the American Board of Foot and Ankle Surgery, or its successor organization, may engage in the surgical treatment of the ankle, provided such licensed podiatrist is performing such procedures under the direct supervision of a physician or surgeon licensed under chapter 370 who maintains hospital privileges to perform such procedures or under the direct supervision of a licensed podiatrist who under the provisions of subsection (c) of this section, as appropriate, may independently engage in ankle surgery procedures.

(f) The Department of Public Health's issuance of a license to a podiatrist to independently engage in surgery shall not be construed to obligate a hospital or outpatient surgical facility to grant such licensed podiatrist privileges to perform such procedures at the hospital or outpatient surgical facility. A podiatrist's privileges and scope of practice for foot surgery are not impacted by the podiatrist's privileges or scope of practice for ankle surgery.

See Sec. 19a-88 re annual renewal of licenses.

Cited. 207 C. 674.
Conn. Gen. Stat. § 20-590 — Connecticut Code / Title 20 / Chapter 400j / Section 20-590
Sec. 20-590. (Formerly Sec. 20-170). Issuance of license or temporary permit to practice pharmacy; requirements.
Status: in_force

(1) Has submitted a written application on a form approved by the department;

(2) Has graduated from a college or school of pharmacy approved by the commission with a degree that was, at the time of graduation, an entry level professional pharmacy degree;

(3) Has the professional experience as a pharmacy intern required by regulations adopted by the commissioner, with the advice and assistance of the commission, in accordance with chapter 54;

(4) Has successfully passed any examinations required by the commissioner; and

(5) Is eighteen years of age or older at the time of application.

(b) The Department of Consumer Protection shall, upon authorization of the commission, issue a temporary permit to practice pharmacy to an individual who: (1) Practices under the direct supervision of a licensed pharmacist; (2) has an application for reciprocity on file with the commission; (3) is a licensed pharmacist in good standing in a state or jurisdiction from which such state's pharmacy board or commission of pharmacy grants similar reciprocal privileges to pharmacists licensed in this state; and (4) has no actions pending against such individual's license with any state's pharmacy board or commission of pharmacy.

(c) A temporary permit to practice pharmacy shall expire at the time the individual with the temporary permit is licensed as a pharmacist in this state, or not later than three months from the date of issuance of such temporary permit, whichever occurs first. The Department of Consumer Protection shall not issue more than one temporary permit to practice pharmacy to an individual, but the commission, at its discretion, may authorize one three-month extension of the temporary permit.

See Sec. 21a-10(b) re staggered schedule for license renewals.
Conn. Gen. Stat. § 20-633k — Connecticut Code / Title 20 / Chapter 400j / Section 20-633k
Sec. 20-633k. Prescribing of emergency and hormonal contraceptives by licensed pharmacists. Training. Patient screening. Disclosures and notices. Assistance by pharmacy technicians. Recordkeeping. Regulations.
Status: in_force

(1) “Department” means the Department of Consumer Protection;

(2) “Emergency contraceptive” means a drug, or a combination of drugs, approved by the federal Food and Drug Administration to prevent pregnancy as soon as possible following (A) unprotected sexual intercourse, or (B) a known or suspected contraceptive failure;

(3) “Hormonal contraceptive” means a drug, including, but not limited to, a hormonal contraceptive patch, an intravaginal hormonal contraceptive or an oral hormonal contraceptive, composed of a hormone, or a combination of hormones, approved by the federal Food and Drug Administration to prevent pregnancy;

(4) “Legend drug” has the same meaning as provided in section 20-571 ;

(5) “Pharmacist” has the same meaning as provided in section 20-571 ;

(6) “Pharmacy” has the same meaning as provided in section 20-571 ;

(7) “Pharmacy technician” has the same meaning as provided in section 20-571 ; and

(8) “Prescribe” means to order, or designate a remedy or any preparation of, a legend drug for a specific patient.

(b) A pharmacist who satisfies the requirements established in this section, and any regulations adopted pursuant to subsection (e) of this section, may prescribe, in good faith, an emergency contraceptive or hormonal contraceptive to a patient subject to the following conditions:

(1) The pharmacist has completed an educational training program that (A) concerns prescribing emergency contraceptives and hormonal contraceptives by a pharmacist, (B) addresses appropriate medical screening of patients, contraindications, drug interactions, treatment strategies and modifications and when to refer patients to medical providers, and (C) is accredited by the Accreditation Council for Pharmacy Education;

(2) The pharmacist has reviewed the most current version of the United States Medical Eligibility Criteria for Contraceptive Use published by the Centers for Disease Control and Prevention, or any successor document thereto, prior to prescribing any emergency contraceptive or hormonal contraceptive and, if the pharmacist deviates from the guidance provided in such document, documents the pharmacist's rationale in deviating from such guidance in writing;

(3) Prior to dispensing an emergency contraceptive or hormonal contraceptive and at least once per calendar year thereafter for any returning patient, the pharmacist completes a screening document, which the department shall make available on the department's Internet web site, and the pharmacist, or the pharmacy that employs such pharmacist, retains such document for at least three years, except nothing in this subdivision shall be construed to prevent a pharmacist, in the pharmacist's professional discretion, from issuing a prescription for a hormonal contraceptive for a period not to exceed twelve months or from requiring more frequent screenings;

(4) If the pharmacist determines that prescribing an emergency contraceptive or hormonal contraceptive to a patient is clinically appropriate, the pharmacist shall (A) counsel the patient about what the patient should monitor and when the patient should seek additional medical attention, and (B) send notice to any health care provider that the patient identifies as the patient's primary care provider or, if the patient does not disclose the identity of the patient's primary care provider, provide to the patient any relevant documentation; and

(5) The pharmacist provides to the patient a document outlining age-appropriate health screenings that are consistent with recommendations made by the Centers for Disease Control and Prevention.

(c) A pharmacy technician may, at a pharmacist's request, assist the pharmacist in prescribing an emergency contraceptive or hormonal contraceptive to a patient by providing screening documentation to the patient, taking and recording the patient's blood pressure and documenting the patient's medical history, provided the pharmacy technician has completed an educational training program that satisfies the requirements established in subdivision (1) of subsection (b) of this section.

(d) Each pharmacy shall maintain copies of all documents concerning any screening performed under this section for at least three years, and each pharmacy shall, upon request by the department, make such screening documents available to the department for inspection.

(e) The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
Conn. Gen. Stat. § 20-633b — Connecticut Code / Title 20 / Chapter 400j / Section 20-633b
Sec. 20-633b. Sterile compounding pharmacies. Sterile compounding by health care institutions. Requirements. Exemption. Regulations.
Status: in_force

(1) “Medical order” means a written, oral or electronic order by a prescribing practitioner for a drug to be dispensed by a pharmacy for administration to a patient;

(2) “Prescribing practitioner” has the same meaning as provided in section 20-14c ;

(3) “Sterile compounding pharmacy” means a pharmacy or nonresident pharmacy that dispenses or compounds sterile pharmaceuticals;

(4) “Sterile pharmaceutical” means any dosage form of a drug, including, but not limited to, parenterals, injectables, surgical irrigants and ophthalmics devoid of viable microorganisms; and

(5) “USP chapters” means chapters 797, 800 and 825 of the United States Pharmacopeia that pertain to compounding sterile pharmaceuticals and their referenced companion documents, as amended from time to time.

(b) (1) (A) If an applicant for a new pharmacy license under section 20-594 intends to compound sterile pharmaceuticals, the applicant shall file an addendum to the pharmacy license application such applicant files pursuant to section 20-594 to include sterile pharmaceutical compounding. The department shall inspect the proposed pharmacy premises of such applicant and such applicant shall not compound sterile pharmaceuticals until such applicant receives notice that the addendum to such applicant's application has been approved by the department and the commission. Nothing in this section shall be construed to affect a licensed hospital's ability to compound sterile pharmaceuticals for such hospital's patients consistent with federal law.

(B) If an existing pharmacy licensed pursuant to section 20-594 intends to compound sterile pharmaceuticals for the first time on or after July 1, 2014, such pharmacy shall apply for an addendum to such pharmacy's application on file with the department to include sterile pharmaceutical compounding. The department shall inspect the pharmacy premises of such pharmacy and such pharmacy shall not compound sterile pharmaceuticals until such pharmacy receives written notice that such addendum application has been approved by the department and the commission.

(C) If an existing health care institutional pharmacy licensed pursuant to section 20-594 intends to compound sterile pharmaceuticals for the first time on or after July 1, 2023, such health care institutional pharmacy shall apply for an addendum to such health care institutional pharmacy's application on file with the department to include sterile pharmaceutical compounding. The department shall inspect the pharmacy premises of such health care institutional pharmacy, and such health care institutional pharmacy shall not compound sterile pharmaceuticals until such health care institutional pharmacy receives written notice that such health care institutional pharmacy's addendum application has been approved by the department and the commission.

(2) (A) If an applicant for a new nonresident pharmacy registration intends to compound sterile pharmaceuticals for sale or delivery in this state, the applicant shall file an addendum to the registration application such applicant files pursuant to section 20-627 to include sterile pharmaceutical compounding. Such applicant shall provide to the department written proof that such applicant has passed inspection by the appropriate state agency in the state where such applicant is located. Such applicant shall not compound sterile pharmaceuticals for sale or delivery in this state until such applicant receives written notice that such addendum has been approved by the department and the commission.

(B) If an existing nonresident pharmacy intends to compound sterile pharmaceuticals for sale or delivery in this state for the first time on or after July 1, 2014, such nonresident pharmacy shall apply for an addendum to such nonresident pharmacy's application on file with the department to include sterile pharmaceutical compounding. Such nonresident pharmacy shall provide to the department written proof that such nonresident pharmacy has passed inspection by the appropriate state agency in the state where such nonresident pharmacy is located. Such nonresident pharmacy shall not compound sterile pharmaceuticals until such nonresident pharmacy receives written notice that such addendum application has been approved by the department and the commission.

(c) A sterile compounding pharmacy shall comply with the USP chapters. A sterile compounding pharmacy shall also comply with all applicable federal and state statutes and regulations.

(d) (1) A sterile compounding pharmacy may only provide patient-specific sterile pharmaceuticals to patients, to practitioners of medicine, osteopathy, podiatry, dentistry or veterinary medicine, or to an acute care or long-term care hospital or health care facility licensed by the Department of Public Health.

(2) If a sterile compounding pharmacy provides sterile pharmaceuticals without a patient-specific prescription or medical order, the sterile compounding pharmacy shall also obtain a certificate of registration from the Department of Consumer Protection pursuant to section 21a-70 and any required federal license or registration. A sterile compounding pharmacy may prepare and maintain on-site inventory of sterile pharmaceuticals no greater than a thirty-day supply, calculated from the completion of compounding, which thirty-day period shall include the period required for third-party analytical testing, to be performed in accordance with the USP chapters.

(e) (1) If a sterile compounding pharmacy plans to remodel any area utilized for the compounding of sterile pharmaceuticals or adjacent space, relocate any space utilized for the compounding of sterile pharmaceuticals or upgrade or conduct a nonemergency repair to the heating, ventilation, air conditioning or primary or secondary engineering controls for any space utilized for the compounding of sterile pharmaceuticals, the sterile compounding pharmacy shall notify the Department of Consumer Protection, in writing, not later than forty-five days prior to commencing such remodel, relocation, upgrade or repair. Such written notification shall include a plan for such remodel, relocation, upgrade or repair and such plan shall be subject to department review and approval. If a sterile compounding pharmacy makes an emergency repair, the sterile compounding pharmacy shall notify the department of such emergency repair, in writing, not later than twenty-four hours after such repair is commenced.

(2) If the USP chapters require sterile recertification after such remodel, relocation, upgrade or repair, the sterile compounding pharmacy shall provide a copy of such sterile compounding pharmacy's sterile recertification to the Department of Consumer Protection not later than five days after the sterile recertification approval. The recertification shall only be performed by an independent licensed environmental monitoring entity.

(f) A sterile compounding pharmacy shall report, in writing, to the Department of Consumer Protection any known violation or noncompliance with viable and nonviable environmental sampling testing, as defined in the USP chapters, not later than the end of the next business day after discovering such violation or noncompliance.

(g) (1) If a sterile compounding pharmacy initiates a recall of sterile pharmaceuticals that were dispensed pursuant to a patient-specific prescription or medical order, the sterile compounding pharmacy shall notify each patient or patient care giver, the prescribing practitioner and the Department of Consumer Protection of such recall not later than twenty-four hours after such recall was initiated.

(2) If a sterile compounding pharmacy initiates a recall of sterile pharmaceuticals that were not dispensed pursuant to a patient-specific prescription or a medical order, the sterile compounding pharmacy shall notify (A) each purchaser of such sterile pharmaceuticals, to the extent such sterile compounding pharmacy possesses contact information for each such purchaser, (B) the Department of Consumer Protection, and (C) the federal Food and Drug Administration of such recall not later than the end of the next business day after such recall was initiated.

(h) Each sterile compounding pharmacy shall prepare and maintain a policy and procedure manual. The policy and procedure manual shall comply with the USP chapters.

(i) Each sterile compounding pharmacy shall report to the Department of Consumer Protection any administrative or legal action commenced against such sterile compounding pharmacy by any state or federal regulatory agency or accreditation entity not later than five business days after receiving notice of the commencement of such action.

(j) Notwithstanding the provisions of subdivision (2) of subsection (b) of this section, a sterile compounding pharmacy that is a nonresident pharmacy shall provide to the Department of Consumer Protection proof that such nonresident pharmacy has passed an inspection in such nonresident pharmacy's home state, based on the USP chapters. Such nonresident pharmacy shall submit to the Department of Consumer Protection a copy of the most recent inspection report with such nonresident pharmacy's initial nonresident pharmacy application and shall submit to the department a copy of such nonresident pharmacy's most recent inspection report every two years thereafter. If the state in which such nonresident pharmacy is located does not conduct inspections based on standards required in the USP chapters, such nonresident pharmacy shall provide satisfactory proof to the department that such nonresident pharmacy is in compliance with the standards required in the USP chapters.

(k) A practitioner, as specified in subdivision (1) of subsection (d) of this section, a hospital or a health care facility that receives sterile pharmaceuticals shall report any errors related to such dispensing or any suspected adulterated sterile pharmaceuticals to the Department of Consumer Protection.

(l) (1) For purposes of this subsection, a “designated pharmacist” means a pharmacist responsible for overseeing the compounding of sterile pharmaceuticals and the application of the USP chapters, as said chapters pertain to sterile compounding.

(2) Any pharmacy licensed pursuant to section 20-594 that provides sterile pharmaceuticals shall notify the department of such pharmacy's designated pharmacist.

(3) The designated pharmacist shall be responsible for providing proof such designated pharmacist has completed a program approved by the commissioner that demonstrates the competence necessary for the compounding of sterile pharmaceuticals, in compliance with all applicable federal and state statutes and regulations.

(4) The designated pharmacist shall immediately notify the department whenever such designated pharmacist ceases such designation.

(5) Nothing in this section shall prevent a designated pharmacist from being the pharmacy manager.

(m) Notwithstanding the provisions of this section, the addition of a flavoring agent in accordance with subsections (a) and (b) of section 20-617a shall be exempt from the requirements of United States Pharmacopeia, Chapter 795, Pharmaceutical Compounding – Nonsterile Preparations, and Chapter 800, Hazardous Drugs, as both may be amended from time to time.

(n) The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54, to implement the provisions of subsections (a) to (m), inclusive, of this section.
Conn. Gen. Stat. § 20-281e — Connecticut Code / Title 20 / Chapter 389 / Section 20-281e
Sec. 20-281e. Granting of initial permit to practice public accountancy to firms. Permit renewal. Annual fee. Disclosure requirements. Exemptions to permit requirement for out-of-state firms.
Status: in_force

(b) Permits shall be initially issued and renewed annually. Applications for permits shall be made in such form, and in the case of applications for renewal, between such dates as the board may by regulation specify.

(c) (1) An applicant for initial issuance or renewal of a permit to practice under this section shall be required to show that a simple majority of the ownership of the firm, in terms of the financial interests and voting rights of all proprietors, partners, members or shareholders of such firm, belongs to individuals holding a valid license to practice public accountancy issued by the licensing authority of a state or territory of the United States. Any proprietor, partner, member or shareholder of such a firm whose principal place of business is in this state, who performs professional services in this state and who works in this state shall hold a valid license to practice issued under section 20-281b or 20-281d . An individual who has practice privileges under section 20-281n and performs services, for which a firm permit is required under said section, shall not be required to obtain a certificate under section 20-281c or a license under section 20-281d .

(2) No firm that is owned by one or more proprietors, partners, members or shareholders who do not hold a valid license to practice public accountancy issued by the licensing authority of a state or territory of the United States shall be granted an initial or renewed permit to practice under this section unless each such proprietor, partner, member or shareholder is (A) a natural person who actively participates in the business of the firm or its affiliated entities, or (B) an entity, including, but not limited to, a partnership or professional corporation, provided each beneficial owner of an equity interest in such entity is a natural person who actively participates in the business conducted by the firm or its affiliated entities. For purposes of this subdivision, “actively participate” means to provide client services or to take part in the business or management of the firm.

(d) An applicant for initial issuance or renewal of a permit to practice under this section shall be required to register each office of the firm within this state with the board and to show that all attest services and compilation services rendered in this state are under the charge of a person holding a valid license issued under section 20-281b , 20-281d or by some other state.

(e) The board shall charge an annual fee for each application for initial issuance or renewal of a permit under this section in the amount of one hundred fifty dollars; provided, no such fee shall be charged to a firm having not more than one licensee.

(f) Applicants for initial issuance or renewal of permits under this section shall list in their application all states in which they have applied for or hold licenses to practice public accountancy, and each holder of or applicant for a permit under this section shall notify the board in writing, not later than thirty days after its occurrence, of any change in the identities of any proprietors, partners, members, officers or shareholders of such firm who work regularly within this state, any change in the identity of the persons in charge of such offices, and any issuance, denials, revocation or suspension of a license by any other state.

(g) The following firms shall be required to hold a permit issued pursuant to this section:

(1) Any firm with an office in this state performing attest services;

(2) Any firm with an office in this state that uses the title “Certified Public Accountant”, “CPA”, “CPA firm” or other similar title; or

(3) Any firm that does not have an office in this state but performs attest services described in subparagraph (A), (C), (D) or (E) of subdivision (13) of section 20-279b for a client having its home office in this state.

(h) A firm that does not have an office in this state may perform services described in subparagraph (B) of subdivision (13) of section 20-279b or subdivision (14) of section 20-279b for a client having its home office in this state and may use the title “Certified Public Accountant”, “CPA”, “CPA firm” or other similar title without a permit issued under this section if:

(1) Such firm has the qualifications described in section 20-281 concerning quality reviews; and

(2) Such firm performs such services through an individual who has practice privileges under section 20-281n .

(i) Any firm that is not subject to the requirements of subsection (g) or (h) of this section may perform other professional services while using the title “Certified Public Accountant”, “CPA”, “CPA firm” or other similar title in this state without a permit issued under this section if:

(1) Such firm performs such services through an individual who has practice privileges under section 20-281n ; and

(2) Such firm can lawfully do so in the state where said individuals with practice privileges have their principal place of business.
Conn. Gen. Stat. § 20-133 — Connecticut Code / Title 20 / Chapter 380 / Section 20-133
Sec. 20-133. Disciplinary action. Grounds.
Status: in_force

“Immoral, dishonorable or unprofessional conduct” means the person guilty of it is intellectually or morally incompetent to practice or has committed an act likely to jeopardize the interests of the public. 119 C. 679. Cited. 130 C. 345. Advertising may be regarded as unprofessional conduct. Id., 353. Cited. 141 C. 288.

It is not unprofessional conduct for a licensed optometrist to practice his profession as an employee in charge of the optometrical department of a store; optometrist who manages the optometrical department of a store owned by a partnership may be violating section. 21 CS 332.
Conn. Gen. Stat. § 20-14h — Connecticut Code / Title 20 / Chapter 370 / Section 20-14h
Sec. 20-14h. Definitions.
Status: in_force

(1) “Administration” means the direct application of a medication by means other than injection to the body of a person.

(2) “Day programs”, “residential facilities” and “individual and family support” include only those programs, facilities and support services designated in the regulations adopted pursuant to section 20-14j .

(3) “Juvenile residential centers” include only those centers operated under the jurisdiction of the Judicial Department.

(4) “Medication” means any medicinal preparation, and includes any controlled substances specifically designated in the regulations or policies adopted pursuant to section 20-14j .

(5) “Trained person” means a person who has successfully completed training prescribed by the regulations or policies adopted pursuant to section 20-14j .
Conn. Gen. Stat. § 20-162r — Connecticut Code / Title 20 / Chapter 381a / Section 20-162r
Sec. 20-162r. Continuing education. Definitions. Minimum requirements. Records. Exemptions. Waivers and extensions. Reinstatement of void licenses.
Status: in_force

(1) “Commissioner” means the Commissioner of Public Health;

(2) “Contact hour” means a minimum of fifty minutes of continuing education activity;

(3) “Department” means the Department of Public Health;

(4) “Licensee” means any person who receives a license from the department pursuant to this chapter; and

(5) “Registration period” means the one-year period for which a license renewed in accordance with section 19a-88 is current and valid.

(b) Except as otherwise provided in this section, for registration periods beginning on and after January 1, 2019, a licensee applying for license renewal shall earn a minimum of ten hours of continuing education within the preceding registration period. Such continuing education shall (1) be directly related to respiratory therapy; (2) reflect the professional needs of the licensee in order to meet the health care needs of the public; and (3) include a minimum of at least five hours of real-time education with opportunities for live interaction, including, but not limited to, in-person conferences or real-time webinars. Qualifying continuing education activities include, but are not limited to, courses, including on-line courses, offered or approved by the American Association for Respiratory Care, regionally accredited institutions of higher education, or a state or local health department.

(c) Each licensee applying for license renewal pursuant to section 19a-88 shall sign a statement attesting that he or she has maintained credentialing as a respiratory therapist, issued by the National Board for Respiratory Care, or has satisfied the continuing education requirements of subsection (b) of this section on a form prescribed by the department. Each licensee shall retain credentialing records, or records of attendance or certificates of completion that demonstrate compliance with the continuing education requirements of said subsection (b) for a minimum of five years following the year in which the licensee was recredentialed or in which the continuing education activities were completed and shall submit such records to the department for inspection not later than forty-five days after a request by the department for such records.

(d) A licensee applying for the first time for license renewal pursuant to section 19a-88 is exempt from the continuing education requirements of this section.

(e) In individual cases involving medical disability or illness, the commissioner may, in the commissioner's discretion, grant a waiver of the continuing education requirements or an extension of time within which to fulfill the continuing education requirements of this section to any licensee, provided the licensee submits to the department an application for waiver or extension of time on a form prescribed by the department, along with a certification by a licensed physician, a licensed physician assistant or a licensed advanced practice registered nurse of the disability or illness and such other documentation as may be required by the commissioner. The commissioner may grant a waiver or extension for a period not to exceed one registration period, except that the commissioner may grant additional waivers or extensions if the medical disability or illness upon which a waiver or extension is granted continues beyond the period of the waiver or extension and the licensee applies for an additional waiver or extension.

(f) Any licensee whose license has become void pursuant to section 19a-88 and who applies to the department for reinstatement of such license pursuant to section 19a-14 shall submit evidence documenting successful completion of ten contact hours of qualifying continuing education within the one-year period immediately preceding application for reinstatement.
Conn. Gen. Stat. § 20-427 — Connecticut Code / Title 20 / Chapter 400 / Section 20-427
Sec. 20-427. Holder to exhibit and advertise certificate, when. Prohibited acts. Penalties. Certificates generally not transferable. Expiration. Renewal. Building permits.
Status: in_force

(b) No person shall: (1) Present or attempt to present, as such person's own, the certificate of another, (2) knowingly give false evidence of a material nature to the commissioner for the purpose of procuring a certificate, (3) represent himself or herself falsely as, or impersonate, a registered home improvement contractor or salesman, (4) use or attempt to use a certificate which has expired or which has been suspended or revoked, (5) offer to make or make any home improvement without having a current certificate of registration under this chapter, (6) represent in any manner that such person's registration constitutes an endorsement of the quality of such person's workmanship or of such person's competency by the commissioner, (7) employ or allow any person to act as a salesman on such person's behalf unless such person is registered as a home improvement salesman, or (8) fail to refund the amount paid for a home improvement within ten days of a written request mailed or delivered to the contractor's last-known address, if no substantial portion of the contracted work has been performed at the time of the request and more than thirty days has elapsed since the starting date specified in the written contract, or more than thirty days has elapsed since the date of the contract if such contract does not specify a starting date.

(c) In addition to any other remedy provided for in this chapter, (1) any person who violates any provision of subsection (b) of this section, except subdivision (8), shall be guilty of a class B misdemeanor and (2) any person who violates the provisions of subdivision (8) of subsection (b) of this section shall be guilty of a class B misdemeanor if the home improvement that is offered or made has a total cash price of ten thousand dollars or less and shall be guilty of a class A misdemeanor if the home improvement that is offered or made has a total cash price of more than ten thousand dollars. Notwithstanding subsection (d) or (e) of section 53a-29 or section 54-56e , if the court determines that a contractor cannot fully repay his victims within the period of probation established in subsection (d) or (e) of section 53a-29 or section 54-56e , the court may impose probation for a period of not more than five years. A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b .

(d) The commissioner may, after notice and a hearing in accordance with the provisions of chapter 54, impose a civil penalty on any person who engages in or practices the work or occupation for which a certificate of registration is required by this chapter without having first obtained such a certificate of registration or who wilfully employs or supplies for employment a person who does not have such a certificate of registration or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or who engages in or practices any of the work or occupations for which a certificate of registration is required by this chapter after the expiration of such person's certificate of registration or who violates any of the provisions of this chapter or the regulations adopted pursuant thereto. Such penalty shall be in an amount not more than one thousand five hundred dollars per violation. Any civil penalty collected pursuant to this subsection shall be deposited in the consumer protection enforcement account established in section 21a-8a .

(e) Certificates issued to home improvement contractors or salesmen shall not be transferable or assignable, except when the holder of the certificate changes only the name or type of business entity of such business.

(f) All certificates issued under the provisions of this chapter shall expire annually on March thirty-first, except that certificates which expire on November 30, 2021, shall be renewed on November 30, 2021, and expire on March 31, 2022. The fee for renewal of a certificate shall be the same as the fee charged for an original application, except that for certificates which expire on March 31, 2022, a prorated renewal fee shall be charged to reflect the portion of the year for which the certificate will be active.

(g) The renewal fee for a certificate of registration as a home improvement contractor acting solely as the contractor of record for a registration as a home improvement contractor acting solely as the contractor of record for a corporation, shall be waived, if such contractor uses such registration for the sole purpose of directing, supervising or performing home improvements for such corporation.

(h) Failure to receive a notice of expiration or a renewal application shall not exempt a contractor or salesman from the obligation to renew.

(i) No contractor shall commence work unless each applicable building or construction permit has been obtained as may be required under the general statutes or local ordinances.

See Sec. 21a-4(c) re fines for late certificate renewals.

See Sec. 21a-10(b) re staggered schedule of certificate renewals.

Cited. 224 C. 231; 231 C. 707.

Cited. 13 CA 194; 41 CA 476.

Subsec. (b):

Cited. 215 C. 336; 228 C. 574; 229 C. 516. Subdiv. (5): Although the case against defendant under section was initially dismissed based on statute of limitations, the state's successful appeal on the statute of limitations calculation and subsequent trial did not constitute unlawful double jeopardy. 250 C. 1.

Subdiv. (5): Requires current valid license. 19 CA 1. Cited. 45 CA 743. Subdiv. (5): Prosecution after earlier dismissal for expiration of statute of limitations did not constitute double jeopardy. 49 CA 553. “Person” as used in Subdiv. (7) includes a registered contractor. 88 CA 144. Plain language of Subdiv. (5) indicates that provision applies to any “person”, including a subcontractor, and is not limited in application to contractors, and plain meaning of “makes any home improvement” includes installation of kitchen sink and garden window. 137 CA 855.

Cited. 44 CS 274.

Subsec. (c):

Cited. 42 CA 124. Trial court abused its discretion in failing to award at least nominal damages under CUTPA for defendant's violations of Home Improvement Act. 75 CA 334.
Conn. Gen. Stat. § 20-330 — Connecticut Code / Title 20 / Chapter 393 / Section 20-330
Sec. 20-330. Definitions.
Status: in_force

(1) “Contractor” means any person regularly offering to the general public services of such person or such person's employees in the field of electrical work, plumbing and piping work, solar work, heating, piping, cooling and sheet metal work, fire protection sprinkler systems work, elevator installation, repair and maintenance work, irrigation work, automotive glass work or flat glass work, as defined in this section;

(2) “Electrical work” means the installation, erection, maintenance, inspection, testing, alteration or repair of any wire, cable, conduit, busway, raceway, support, insulator, conductor, appliance, apparatus, fixture or equipment that generates, transforms, transmits or uses electrical energy for light, heat, power or other purposes, but does not include low voltage wiring, not exceeding twenty-four volts, used within a lawn sprinkler system;

(3) “Plumbing and piping work” means the installation, repair, replacement, alteration, maintenance, inspection or testing of gas, water and associated fixtures, tubing and piping mains and branch lines up to and including the closest valve to a machine or equipment used in the manufacturing process, laboratory equipment, sanitary equipment, other than subsurface sewage disposal systems, fire prevention apparatus, all water systems for human usage, sewage treatment facilities and all associated fittings within a building and includes lateral storm and sanitary lines from buildings to the mains, process piping, swimming pools and pumping equipment, and includes making connections to back flow prevention devices, and includes low voltage wiring, not exceeding twenty-four volts, used within a lawn sprinkler system, but does not include (A) solar thermal work performed pursuant to a certificate held as provided in section 20-334g , except for the repair of those portions of a solar hot water heating system that include the basic domestic hot water tank and the tie-in to the potable water system, (B) the installation, repair, replacement, alteration, maintenance, inspection or testing of fire prevention apparatus within a structure, except for standpipes that are not connected to sprinkler systems, (C) medical gas and vacuum systems work, and (D) millwright work. For the purposes of this subdivision, “process piping” means piping or tubing that conveys liquid or gas that is used directly in the production of a chemical or a product for human consumption;

(4) “Solar thermal work” means the installation, erection, repair, replacement, alteration, maintenance, inspection or testing of active, passive and hybrid solar systems that directly convert ambient energy into heat or convey, store or distribute such ambient energy;

(5) “Heating, piping and cooling work” means (A) the installation, repair, replacement, maintenance, inspection, testing or alteration of any apparatus for piping, appliances, devices or accessories for heating systems, including sheet metal work, (B) the installation, repair, replacement, maintenance, inspection, testing or alteration of air conditioning and refrigeration systems, boilers, including apparatus and piping for the generation or conveyance of steam and associated pumping equipment and process piping and the installation of tubing and piping mains and branch lines up to and including the closest valve to a machine or equipment used in the manufacturing process and onsite testing and balancing of hydronic, steam and combustion air, but excluding millwright work, and (C) on-site operation, by manipulating, adjusting or controlling, with sufficient technical knowledge, as determined by the commissioner, (i) heating systems with a steam or water boiler maximum operating pressure of fifteen pounds per square inch gauge or greater, or (ii) air conditioning or refrigeration systems with an aggregate of more than fifty horsepower or kilowatt equivalency of fifty horsepower or of two hundred pounds of refrigerant. Heating, piping and cooling work does not include solar thermal work performed pursuant to a certificate held as provided in section 20-334g , or medical gas and vacuum systems work or the passive monitoring of heating, air conditioning or refrigeration systems. For the purposes of this subdivision, “process piping” means piping or tubing that conveys liquid or gas that is used directly in the production of a chemical or a product for human consumption;

(6) “Apprentice” means any person registered with the Labor Department for the purpose of learning a skilled trade;

(7) “Elevator installation, repair and maintenance work” means the installation, erection, maintenance, inspection, testing and repair of all types of elevators, dumb waiters, escalators, and moving walks and all mechanical equipment, fittings, associated piping and wiring from a source of supply brought to the equipment room by an unlimited electrical contractor for all types of machines used to hoist or convey persons or materials, but does not include temporary hoisting machines used for hoisting materials in connection with any construction job or project, provided “elevator inspection” includes the visual examination of an elevator system or portion of a system, with or without the disassembly or removal of component parts;

(8) “Elevator maintenance” means the lubrication, inspection, testing and replacement of controls, hoist way and car parts;

(9) “Fire protection sprinkler systems work” means the layout, on-site fabrication, installation, alteration, maintenance, inspection, testing or repair of any automatic or manual sprinkler system designed for the protection of the interior or exterior of a building or structure from fire, or any piping or tubing and appurtenances and equipment pertaining to such system including overhead and underground water mains, fire hydrants and hydrant mains, standpipes and hose connections to sprinkler systems, sprinkler tank heaters excluding electrical wiring, air lines and thermal systems used in connection with sprinkler and alarm systems connected thereto, foam extinguishing systems or special hazard systems including water spray, foam, carbon dioxide or dry chemical systems, halon and other liquid or gas fire suppression systems, but does not include (A) any engineering design work connected with the layout of fire protection sprinkler systems, or (B) any work performed by employees of or contractors hired by a public water system, as defined in subsection (a) of section 25-33d ;

(10) “State Fire Marshal” means the State Fire Marshal appointed by the Commissioner of Administrative Services;

(11) “Journeyman sprinkler fitter” means a specialized pipe fitter craftsman, experienced and skilled in the installation, alteration, maintenance and repair of fire protection sprinkler systems;

(12) “Irrigation work” means making the connections to and the inspection and testing of back flow prevention devices, and low voltage wiring, not exceeding twenty-four volts, used within a lawn sprinkler system;

(13) “Sheet metal work” means the onsite layout, installation, erection, replacement, repair or alteration, including, but not limited to, onsite testing and balancing of related life safety components, environmental air, heating, ventilating and air conditioning systems by manipulating, adjusting or controlling such systems for optimum balance performance of any duct work system, ferrous, nonferrous or other material for ductwork systems, components, devices, air louvers or accessories, in accordance with the State Building Code;

(14) “Journeyman sheet metal worker” means an experienced craftsman skilled in the installation, erection, replacement, repair or alteration of duct work systems, both ferrous and nonferrous;

(15) “Automotive glass work” means installing, maintaining or repairing fixed glass in motor vehicles;

(16) “Flat glass work” means installing, maintaining or repairing glass in residential or commercial structures;

(17) “Medical gas and vacuum systems work” means the work and practice, materials, instrumentation and fixtures used in the construction, installation, alteration, extension, removal, repair, maintenance, inspection, testing or renovation of gas and vacuum systems and equipment used solely to transport gases for medical purposes and to remove liquids, air-gases or solids from such systems;

(18) “Solar electricity work” means the installation, erection, repair, replacement, alteration, maintenance, inspection and testing of photovoltaic or wind generation equipment used to distribute or store ambient energy for heat, light, power or other purposes to a point immediately inside any structure or adjacent to an end use;

(19) “Active solar system” means a system that uses an external source of energy to power a motor-driven fan or pump to force the circulation of a fluid through solar heat collectors and which removes the sun's heat from the collectors and transports such heat to a location where it may be used or stored;

(20) “Passive solar system” means a system that is capable of collecting or storing the sun's energy as heat without the use of a motor-driven fan or pump;

(21) “Hybrid solar system” means a system that contains components of both an active solar system and a passive solar system;

(22) “Gas hearth product work” means the installation, service, inspection, testing or repair of a propane or natural gas fired fireplace, fireplace insert, stove or log set and associated venting and piping that simulates a flame of a solid fuel fire. “Gas hearth product work” does not include (A) fuel piping work, (B) the servicing of fuel piping, or (C) work associated with pressure regulating devices, except for appliances gas valves;

(23) “Millwright work” means the installation, repair, replacement, maintenance or alteration, including the inspection and testing, of (A) power generation machinery, or (B) industrial machinery, including the related interconnection of piping and tubing used in the manufacturing process, but does not include the performance of any action for which licensure is required under this chapter;

(24) “Inspection” means the examination of a system or portion of a system, involving the disassembly or removal of component parts of the system;

(25) “Testing” means to determine the status of a system as intended for its use, with or without the disassembly of component parts of the system, by the use of testing and measurement instruments;

(26) “Owner” means a person who owns or resides in a residential property and includes any agent thereof, including, but not limited to, a condominium association. An owner of a residential property is not required to reside in such residential property to be deemed an owner under this subdivision;

(27) “Person” means an individual, partnership, limited liability company or corporation; and

(28) “Residential property” means a single family dwelling, a multifamily dwelling consisting of not more than six units, or a unit, common element or limited common element in a condominium, as defined in section 47-68a , or in a common interest community, as defined in section 47-202 , or any number of condominium units for which a condominium association acts as an agent for the unit owners.

See Sec. 20-334a re types of licenses.

See Sec. 29-291 re appointment of State Fire Marshal.

Cited. 209 C. 719.

Cited. 3 CA 707; 12 CA 251; 34 CA 123.
Conn. Gen. Stat. § 20-206h — Connecticut Code / Title 20 / Chapter 384a / Section 20-206h
Sec. 20-206h. Enforcement within available appropriations. Formal investigations.
Status: in_force

(b) If the commissioner has cause to believe, based upon credible information or complaint, that any person has violated the provisions of section 20-206b , 20-206d or 20-206g , the commissioner may, not later than thirty days after receiving such information or complaint, begin a formal investigation of the alleged violation. In the course of such formal investigation, the commissioner may inquire as to whether a person under investigation obtained a license from the department legally by comparing the photograph on such person's identification with a photograph of such person obtained from the organization that administered the examination prescribed by the department pursuant to section 20-206b . Photographs that do not match shall constitute prima facie evidence that such person is engaging in the practice of massage therapy without a license in violation of section 20-206b . For purposes of this subsection, “identification” means a motor vehicle operator's license issued pursuant to section 14-36 or any other valid form of identification issued by the federal government or a state or municipal government, provided such identification includes a photograph.
Conn. Gen. Stat. § 20-265a — Connecticut Code / Title 20 / Chapter 387 / Section 20-265a
Sec. 20-265a. Definitions.
Status: in_force

(1) “Commissioner” means the Commissioner of Public Health;

(2) “Department” means the Department of Public Health;

(3) “Esthetician” means a person who, for compensation, performs esthetics;

(4) “Esthetics” means services related to skin care treatments, (A) including, but not limited to, cleansing, toning, stimulating, exfoliating or performing any similar procedure on the human body while using cosmetic preparations, hands, devices, apparatus or appliances to enhance or improve the appearance of the skin; makeup application; beautifying lashes and brows; or removing unwanted hair using manual and mechanical means, and (B) excluding the use of a prescriptive laser device; the performance of a cosmetic medical procedure, as defined in section 19a-903c ; any practice, activity or treatment that constitutes the practice of medicine; eyebrow threading as a means of shaping and removing unwanted hair on the face and around the eyebrows; makeup application at a rented kiosk located in a shopping center or the practice of hairdressing and cosmetology by a hairdresser and cosmetician licensed pursuant to this chapter that is within such licensee's scope of practice;

(5) “Eyelash technician” means a person, who for compensation performs individual eyelash extensions, eyelash lifts or perms and eyelash color tints;

(6) “Nail technician” means a person who for compensation cuts, shapes, colors, cleanses, trims, polishes or enhances the appearance of the nails of the hands or feet, excluding any practice, activity or treatment that constitutes the practice of medicine;

(7) “Salon” and “spa” include any shop, store, day spa or other commercial establishment at which the practice of barbering, as described in section 20-234 , hairdressing and cosmetology, as defined in section 20-250 , or the services of an esthetician, nail technician or eyelash technician, or any combination thereof, is offered and provided; and

(8) “Shopping center” means a grouping of retail businesses and service establishments on a single site with common parking facilities and containing at least twenty-five thousand square feet of gross building floor area.
Conn. Gen. Stat. § 20-288 — Connecticut Code / Title 20 / Chapter 390 / Section 20-288
Sec. 20-288. Definitions.
Status: in_force

(1) “Board” means the Architectural Licensing Board appointed under the provisions of section 20-289 ;

(2) “Architect” means a person who engages in the practice of architecture;

(3) “The practice of architecture” or “practice architecture” means rendering or offering to render service by consultation, investigation, evaluations, preliminary studies, plans, specifications and coordination of structural factors concerning the aesthetic or structural design and contract administration of building construction or any other service in connection with the designing or contract administration of building construction located within the boundaries of this state, regardless of whether any person performing such duties is performing one or all of such duties or whether such person is performing them in person or as the directing head of an office or organization performing them; and

(4) “Architect Emeritus” means an honorific title granted to a previously licensed architect who has retired from the active practice of architecture.

Utilization by another, for a sum of money, of plan prepared for plaintiff by an architect and owned by plaintiff, held not to constitute practice of architecture; performance of services by plaintiff for a corporation of which he is a member, held not to constitute rendering of services to a client. 148 C. 121. Cited. 207 C. 496.
Conn. Gen. Stat. § 20-195s — Connecticut Code / Title 20 / Chapter 383b / Section 20-195s
Sec. 20-195s. Scope of practice.
Status: in_force

(b) An individual licensed as a clinical social worker pursuant to section 20-195n may practice clinical social work. A licensed clinical social worker may perform all functions of a licensed master social worker and, in addition, may engage in independent practice.
Conn. Gen. Stat. § 20-74uu — Connecticut Code / Title 20 / Chapter 376c / Section 20-74uu
Sec. 20-74uu. Nuclear medicine technologists. Definition. Permitted and prohibited activities.
Status: in_force

(b) The practice of nuclear medicine technology includes the use of sealed and unsealed radioactive materials, as well as pharmaceuticals, adjunctive medications and imaging modalities with or without contrast as part of diagnostic evaluation and therapy. The responsibilities of a nuclear medicine technologist include, but are not limited to, patient care, quality control, diagnostic procedures and testing, administration of radiopharmaceutical and adjunctive medications, in vitro diagnostic testing, radionuclide therapy and radiation safety.

(c) A nuclear medicine technologist may perform nuclear medicine procedures under the supervision and direction of a physician licensed pursuant to chapter 370 provided: (1) The physician is satisfied as to the ability and competency of the nuclear medicine technologist; (2) such delegation is consistent with the health and welfare of the patient and in keeping with sound medical practice; and (3) such procedures are performed under the oversight, control and direction of the physician.

(d) Nothing in this section shall be construed to apply to the activities and services of a person who is enrolled in a nuclear medicine technology educational program acceptable to the Nuclear Medicine Technology Certification Board or the American Registry of Radiologic Technologists, provided such activities and services are incidental to the course of study.

(e) A nuclear medicine technologist shall not: (1) Operate a stand-alone computed tomography imaging system, except as provided in section 20-74ee ; or (2) independently perform a nuclear cardiology stress test, except the nuclear medicine technologist may administer adjunct medications and radio pharmaceuticals during the nuclear cardiology stress test and perform the imaging portion of the nuclear cardiology stress test.
Conn. Gen. Stat. § 20-332c — Connecticut Code / Title 20 / Chapter 393 / Section 20-332c
Sec. 20-332c. Apprentice, journeymen and contractor working group established. Membership. Report.
Status: in_force

(b) The working group shall consist of ten members, and shall be evenly divided between members of the following union and nonunion industry trade groups: The International Brotherhood of Electrical Workers, the Independent Electrical Contractors of New England, the Associated Builders and Contractors of Connecticut, Sheet Metal Local 40, Sprinkler Fitters Local 669, the Connecticut Chapter of American Fire Sprinkler Association, the United Association of Plumbers and Pipefitters Local 777, the Plumbing Heating and Cooling Contractors of Connecticut, the Connecticut Heating and Cooling Contractors and the Connecticut State Building and Construction Trades Council. Each union industry trade group member shall be either the business manager of such group or such business manager's designee from such group. Each nonunion industry trade group member shall be either the president of such group or such president's designee from such group.

(c) Such members shall be selected as follows:

(1) Two union members appointed by the speaker of the House of Representatives;

(2) Two union members appointed by the president pro tempore of the Senate;

(3) One nonunion member appointed by the majority leader of the House of Representatives;

(4) One union member appointed by the majority leader of the Senate;

(5) Two nonunion members appointed by the minority leader of the House of Representatives; and

(6) Two nonunion members appointed by the minority leader of the Senate.

(d) All appointing authorities shall consult with the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Consumer Protection prior to making any appointments pursuant to this section.

(e) All appointments to the working group shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(f) The members of the working group shall select the chairpersons of the working group from among the members of the group. One chairperson shall be a union member and one chairperson shall be a nonunion member. Such chairpersons shall schedule the first meeting of the working group.

(g) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Consumer Protection shall serve as administrative staff of the working group.

(h) Not later than December 1, 2017, and annually thereafter, the working group shall submit a report on its recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Consumer Protection, in accordance with the provisions of section 11-4a .
Conn. Gen. Stat. § 20-24 — Connecticut Code / Title 20 / Chapter 372 / Section 20-24
Sec. 20-24. Definitions.
Status: in_force

(1) The practice of chiropractic means the practice of that branch of the healing arts consisting of the science of adjustment, manipulation and treatment of the human body in which vertebral subluxations and other malpositioned articulations and structures that may interfere with the normal generation, transmission and expression of nerve impulse between the brain, organs and tissue cells of the body, which may be a cause of disease, are adjusted, manipulated or treated.

(2) The terms “chiropractic”, “doctor of chiropractic”, “chiropractor” and “chiropractic physician” are synonymous, and mean a practitioner of chiropractic as defined in subdivision (1) of this section.

(3) The term “accredited chiropractic college or colleges” means only those institutions which are at the time of the applicant's graduation, either (A) accredited by the Council on Chiropractic Education or other specialized accrediting agency recognized by the United States Department of Education or (B) if located outside the United States, deemed by said council to meet its educational standards.

Cited. 211 C. 508; 220 C. 86.
Conn. Gen. Stat. § 20-633i — Connecticut Code / Title 20 / Chapter 400j / Section 20-633i
Sec. 20-633i. Issuance of prescriptions for epinephrine auto injectors by pharmacists.
Status: in_force

(b) A pharmacist, in his or her professional discretion, may issue a prescription for not more than two epinephrine auto injectors under the following conditions:

(1) The pharmacist identifies that the patient requesting such prescription has received an epinephrine auto injector by prescription from another pharmacy within the previous two years;

(2) The pharmacist identifies the patient's practitioner specified by the patient as his or her primary care provider at the time the request is made;

(3) The pharmacist informs the patient's primary care provider of the issuance of the prescription not later than seventy-two hours after such issuance, by either phone, facsimile or electronic transmission; and

(4) The prescription issued by the pharmacist does not have any refills and is not filled more than once per year.

(c) Nothing in this section shall prevent a pharmacist from verifying a previous prescription at any pharmacy in any part of the United States, including any state, district, commonwealth, territory or insular possession thereof, or any area subject to the legal authority of the United States of America.
Conn. Gen. Stat. § 20-73a — Connecticut Code / Title 20 / Chapter 376 / Section 20-73a
Sec. 20-73a. Charges against licensee, verification, hearing. Grounds for disciplinary action. Appeal.
Status: in_force

(b) The clerk of any court in this state in which a person practicing physical therapy has been convicted of any crime as described in this section shall, immediately after such conviction, transmit a certified copy, in duplicate, of the information and judgment, without charge, to the Department of Public Health, containing the name and address of the physical therapist or physical therapist assistant, the crime of which the physical therapist or physical therapist assistant has been convicted and the date of conviction. The hearing on such charges shall be conducted in accordance with the regulations adopted by the Commissioner of Public Health in accordance with chapter 54. Any person aggrieved by a final decision of the board may appeal from the decision as provided in section 4-183 . Such appeal shall have precedence over nonprivileged cases in respect to order of trial. The Attorney General shall act as attorney in the public interest in defending against such an appeal. The board may petition the superior court for the judicial district of Hartford to enforce any action taken pursuant to section 19a-17 .
Conn. Gen. Stat. § 20-638a — Connecticut Code / Title 20 / Chapter 400j / Section 20-638a
Sec. 20-638a. Admission of pharmacists and pharmacy interns. Referral to department. Notification of disciplinary action against program participants. Recordkeeping and confidentiality. Annual reports and audit.
Status: in_force

(b) (1) Prior to admitting any pharmacist or pharmacy intern into the assistance program, a medical review committee shall: (A) Determine whether such pharmacist or pharmacy intern is an appropriate candidate for rehabilitation and participation in such program; and (B) establish the terms and conditions for such pharmacist's or pharmacy intern's participation in such program.

(2) No action taken by a medical review committee pursuant to subdivision (1) of this subsection shall be construed as the practice of medicine or mental health care.

(c) (1) Except as provided in subsection (f) of this section, a medical review committee shall not admit into the assistance program any pharmacist or pharmacy intern who: (A) Has any pending disciplinary charges, prior history of disciplinary action or consent order issued by any professional licensing, registering or disciplinary body; (B) has been charged with, or convicted of, (i) any felony under the laws of this state, or (ii) any offense committed outside of this state that, if committed within this state, would constitute a felony under the laws of this state; or (C) is alleged to have harmed a patient.

(2) A medical review committee shall refer any pharmacist or pharmacy intern who satisfies the criteria established in subdivision (1) of this subsection to the Department of Consumer Protection, and shall submit to the department all records and files maintained by such committee concerning such pharmacist or pharmacy intern. Such referral may include the medical review committee's recommendations concerning which intervention, referral assistance, rehabilitation or support services are appropriate for such pharmacist or pharmacy intern.

(d) (1) The assistance program shall regularly review the sources of information available to such program to determine whether, and a pharmacist or pharmacy intern participating in such program shall immediately send notice to such program if: (A) Any disciplinary charges are filed against such pharmacist or pharmacy intern; (B) any professional licensing, registering or disciplinary body takes any disciplinary action against such pharmacist or pharmacy intern; or (C) such pharmacist or pharmacy intern is charged with, or convicted of, (i) any felony under the laws of this state, or (ii) any offense committed outside of this state that, if committed within this state, would constitute a felony under the laws of this state.

(2) Upon determining that a pharmacist or pharmacy intern satisfies the criteria established in, or receiving any notice sent by a pharmacist or pharmacy intern pursuant to, subdivision (1) of this subsection, the assistance program shall refer the pharmacist or pharmacy intern to the Department of Consumer Protection and submit to the department all records and files maintained by the assistance program concerning such pharmacist or pharmacy intern.

(e) The assistance program shall refer a pharmacist or pharmacy intern to the Department of Consumer Protection, and shall submit to the department all records and files maintained by such program concerning the pharmacist or pharmacy intern, if: (1) The assistance program determines that such pharmacist or pharmacy intern (A) is unable to practice such pharmacist's or pharmacy intern's profession with skill and safety or poses a threat to the health and safety of any person or patient in the health care or pharmacy setting, and (B) does not refrain from practicing such pharmacist's or pharmacy intern's profession or fails to participate in a recommended program of rehabilitation; or (2) such pharmacist or pharmacy intern fails to comply with the terms or conditions of, or refuses to participate in, the assistance program.

(f) Upon receiving a referral under subdivision (2) of subsection (c) of this section, subdivision (2) of subsection (d) of this section, subsection (e) of this section or subparagraph (A) of subdivision (3) of subsection (e) of section 19a-12b , the Department of Consumer Protection shall determine if the pharmacist or pharmacy intern is eligible to participate in, or continue participating in, the assistance program and whether such participation shall be treated as confidential as set forth in subsection (h) of this section. The Department of Consumer Protection may seek the advice of the assistance program and professional health care societies or organizations in determining which intervention, referral assistance, rehabilitation or support services are appropriate for the pharmacist or pharmacy intern. If the Department of Consumer Protection determines that the pharmacist or pharmacy intern is an appropriate candidate for confidential participation in the assistance program, and such pharmacist or pharmacy intern participates in such program in accordance with the terms agreed upon by such program, the department and such pharmacist or pharmacy intern, the entire record of the referral and investigation of such pharmacist or pharmacy intern shall be confidential and shall not be disclosed, except at the request of such pharmacist or pharmacy intern, for the duration of such pharmacist's or pharmacy intern's participation in, and following successful completion of, such assistance program.

(g) Upon written notice to the Department of Consumer Protection by the oversight committee that the assistance program is in compliance with a corrective action plan developed pursuant to subdivision (2) of subsection (e) of section 19a-12b , the department may refer pharmacists and pharmacy interns to the assistance program for continued intervention, rehabilitation, referral assistance or support services and shall submit to the assistance program all records and files concerning such pharmacists and pharmacy interns.

(h) (1) All information given or received in connection with any intervention, rehabilitation, referral assistance or support services provided by the assistance program pursuant to this section, including, but not limited to, the identity of any pharmacist or pharmacy intern seeking or receiving such intervention, rehabilitation, referral assistance or support services, shall be confidential and shall not be disclosed: (A) To any third person or entity, unless such disclosure is reasonably necessary for the purposes of (i) such intervention, rehabilitation, referral assistance or support services, or (ii) an audit conducted in accordance with subsection (j) of this section; or (B) in any civil or criminal case or proceeding or in any administrative or other legal proceeding unless (i) the pharmacist or pharmacy intern seeking or obtaining such intervention, rehabilitation, referral assistance or support services waives such confidentiality, or (ii) such disclosure is otherwise required by law.

(2) Except as provided in subdivision (1) of this subsection, no person shall request or require in any civil or criminal case or proceeding, or in any administrative or other legal proceeding, disclosure of any information given or received in connection with the intervention, rehabilitation, referral assistance or support services provided pursuant to this section.

(3) The proceedings of a medical review committee shall not be subject to discovery or introduced into evidence in any civil action for or against a pharmacist or pharmacy intern arising out of matters that are subject to evaluation and review by such committee, and no person who was in attendance at such proceedings shall be permitted or required to testify in any such civil action as to the content of such proceedings. Nothing in this subdivision shall be construed to preclude in any civil action: (A) The use of any writing recorded independently of such proceedings; (B) the testimony of any person concerning such person's knowledge, acquired independently of such proceedings, about the facts that form the basis for instituting such civil action; (C) arising out of allegations of patient harm caused by health care or pharmacy services rendered by a pharmacist or pharmacy intern who, at the time such services were rendered, had been requested to refrain from practicing such pharmacist's or pharmacy intern's profession or whose practice of such profession was restricted, the disclosure of such request to refrain from practicing or such restriction; or (D) against a pharmacist or pharmacy intern, disclosure of the fact that the pharmacist or pharmacy intern participated in the assistance program, the dates of participation, the reason for participation and confirmation of successful completion of the assistance program, provided a court of competent jurisdiction has determined that good cause exists for such disclosure after (i) notification to such pharmacist or pharmacy intern of the request for such disclosure, and (ii) a hearing concerning such disclosure at the request of any party, and provided further, the court imposes appropriate safeguards against unauthorized disclosure or publication of such information.

(4) Nothing in this subsection shall be construed to prevent the assistance program from disclosing any information in connection with any administrative proceeding related to the imposition of any disciplinary action against any pharmacist or pharmacy intern whom the assistance program refers to the Department of Consumer Protection pursuant to subdivision (2) of subsection (c) of this section, subdivision (2) of subsection (d) of this section, subsection (e) of this section or subparagraph (A) of subdivision (3) of subsection (e) of section 19a-12b .

(i) (1) The assistance program shall report annually to the appropriate professional licensing or registering board or commission or, in the absence of such board or commission, to the Department of Consumer Protection: (A) On the number of pharmacists and pharmacy interns participating in the assistance program who are under the jurisdiction of such board or commission or, in the absence of such board or commission, the Department of Consumer Protection; (B) the purposes for participating in the assistance program; and (C) whether participants are practicing their profession with skill and safety, and without posing a threat to the health and safety of any person or patient, in the health care or pharmacy setting.

(2) On or before December thirty-first, annually, the assistance program shall report the information described in subdivision (1) of this subsection to the joint standing committee of the General Assembly having cognizance of matters relating to general law, in accordance with the provisions of section 11-4a .

(j) (1) If the Department of Public Health notifies the Department of Consumer Protection that the Department of Public Health has waived the annual audit requirement established in subsection (l) of section 19a-12a , the Department of Consumer Protection may require an audit of the assistance program for the year that is the subject of such waiver for the purposes of examining the quality control of such program and ensuring compliance with the requirements established in this section. Each audit conducted pursuant to this subsection shall: (A) Be conducted on the premises of the assistance program by an auditor (i) who has been selected by the assistance program, and (ii) whom the assistance program and the Department of Consumer Protection have jointly determined is qualified to conduct such audit; and (B) consist of a random sampling of at least twenty per cent of the assistance program's files for pharmacists and pharmacy interns or ten such files, whichever is greater.

(2) Prior to conducting an audit pursuant to this subsection, the auditor shall agree, in writing: (A) Not to copy any of the assistance program's files or records; (B) not to remove any of the assistance program's files or records from the premises of such program; (C) to destroy all personally identifying information about pharmacists and pharmacy interns participating in the assistance program upon completion of the audit; (D) not to disclose any personally identifying information about any pharmacist or pharmacy intern participating in the assistance program to any person or entity other than a person employed by the assistance program who is authorized by such program to receive such disclosure; and (E) not to disclose in any audit report any personally identifying information about any pharmacist or pharmacy intern participating in the assistance program.

(3) Upon completion of an audit conducted pursuant to this subsection, the auditor shall submit a written audit report to the assistance program, the Department of Consumer Protection, the Professional Assistance Oversight Committee established under section 19a-12b , and the joint standing committee of the General Assembly having cognizance of matters relating to general law, in accordance with the provisions of section 11-4a .

See Secs. 19a-12a to 19a-12e, inclusive, for similar provisions re health care professionals.