Sec. 20-12d. Medical functions performed by physician assistants. Prescriptive authority. (a) A physician assistant who has complied with the provisions of sections 20-12b and 20-12c may perform medical functions delegated by a supervising
physician when: (1) The supervising physician is satisfied as to the ability and competency of the physician assistant; (2) such delegation is consistent with the health and
welfare of the patient and in keeping with sound medical practice; and (3) when such
functions are performed under the oversight, control and direction of the supervising
physician. The functions that may be performed under such delegation are those that
are within the scope of the supervising physician's license, within the scope of such
physician's competence as evidenced by such physician's postgraduate education, training and experience and within the normal scope of such physician's actual practice.
Delegated functions shall be implemented in accordance with written protocols established by the supervising physician. All orders written by physician assistants shall be
followed by the signature of the physician assistant and the printed name of the supervising physician. A physician assistant may, as delegated by the supervising physician
within the scope of such physician's license, (A) prescribe and administer drugs, including controlled substances in schedule IV or V in all settings, (B) renew prescriptions
for controlled substances in schedule II or III in outpatient settings, and (C) prescribe
and administer controlled substances in schedule II or III to an inpatient in a short-term
hospital, chronic disease hospital, emergency room satellite of a general hospital, or,
after an admission evaluation by a physician, in a chronic and convalescent nursing
home, as defined in the regulations of Connecticut state agencies and licensed pursuant
to subsection (a) of section 19a-491, provided in all cases where the physician assistant
prescribes a controlled substance in schedule II or III, the physician under whose supervision the physician assistant is prescribing shall cosign the order not later than twenty-four
hours thereafter. The physician assistant may, as delegated by the supervising physician
within the scope of such physician's license, request, sign for, receive and dispense
drugs to patients, in the form of professional samples as defined in section 20-14c or
when dispensing in an outpatient clinic as defined in the regulations of Connecticut state
agencies and licensed pursuant to subsection (a) of section 19a-491 that operates on a
not-for-profit basis, or when dispensing in a clinic operated by a state agency or municipality. Nothing in this subsection shall be construed to allow the physician assistant to
request, sign for, receive or dispense any drug the physician assistant is not authorized
under this subsection to prescribe.
(b) All prescription forms used by physician assistants shall contain the printed
name, license number, address and telephone number of the physician under whose
supervision the physician assistant is prescribing, in addition to the signature, name,
address and license number of the physician assistant.
(c) No physician assistant may: (1) Engage in the independent practice of medicine;
(2) claim to be or allow being represented as a physician licensed pursuant to this chapter;
(3) use the title of doctor; or (4) associate by name or allow association by name with
any term that would suggest qualification to engage in the independent practice of medicine. The physician assistant shall be clearly identified by appropriate identification as
a physician assistant to ensure that the physician assistant is not mistaken for a physician
licensed pursuant to this chapter.
(d) A physician assistant licensed under this chapter may make the actual determination and pronouncement of death of a patient, provided: (1) The death is an anticipated
death; (2) the physician assistant attests to such pronouncement on the certificate of
death; and (3) the physician assistant or a physician licensed by the state of Connecticut
certifies the death and signs the certificate of death no later than twenty-four hours after
the pronouncement.
(P.A. 90-211, S. 6, 23; P.A. 95-271, S. 4, 40; P.A. 96-12, S. 1; P.A. 99-102, S. 9; P.A. 00-205, S. 2; P.A. 04-221, S.
21; 04-255, S. 21.)
History: P.A. 95-271 added references to osteopathic physicians, effective July 6, 1995; P.A. 96-12 added Subsec. (d)
re pronouncement of death by physician assistants; P.A. 99-102 deleted obsolete references to osteopathy and osteopathic
physicians and made technical changes; P.A. 00-205 amended Subsec. (a) by revising prescriptive authority of physician
assistants; P.A. 04-221 amended Subsec. (a) by authorizing physician assistant to request, sign for and receive drugs for
dispensing to patients; P.A. 04-255 amended Subsec. (d)(3) by allowing physician assistant to sign certificate of death and
by making technical changes.
Sec. 20-12e. Petition concerning ability to practice of physician assistant. Notification to department of termination or restriction of privileges of physician assistant. (a) The state or county medical or osteopathic medical society or any state professional organization of physician assistants or any physician, physician assistant or holder
of a permit issued pursuant to section 20-12h or subsection (d) of section 20-12b or any
hospital shall within thirty days, and the board or any individual may, file a petition
when such society, organization, practitioner, hospital, board or individual has any information that appears to show that a physician assistant is or may be unable to practice
as a physician assistant with reasonable skill or safety for any of the reasons listed in
section 20-12f. Petitions shall be filed with the department.
(b) Any health care facility licensed pursuant to subsection (a) of section 19a-491
which terminates or restricts the staff membership or privileges of any physician assistant or holder of a permit issued pursuant to section 20-12h or subsection (b) of section
20-12b shall, not later than fifteen days after the effective date of such action, notify
the department of such action.
(P.A. 90-211, S. 7, 23; P.A. 95-74, S. 5, 9; 95-271, S. 5, 40; P.A. 99-102, S. 10.)
History: P.A. 95-74 and P.A. 95-271 amended Subsec. (b) to expand physician assistant notice requirements to holders
of temporary and training permits, effective July 1, 1995, and July 6, 1995, respectively; P.A. 95-271 also amended Subsec.
(a) to add osteopathic physicians and holders of training and temporary physician assistant permits as persons required to
file petitions, effective July 6, 1995; P.A. 99-102 deleted obsolete reference to osteopathic physicians from Subsec. (a).
Sec. 20-12f. Disciplinary action concerning physician assistants. The board
shall have jurisdiction to hear all charges of conduct which fails to conform to the
accepted standards of the physician assistant profession brought against persons licensed
to practice as a physician assistant or holding any permit issued pursuant to section 20-12h or subsection (b) of section 20-12b. The board may take any action set forth in
section 19a-17 if it finds that a person licensed as a physician assistant or holding a
permit issued pursuant to section 20-12h or subsection (b) of section 20-12b fails to
conform to the accepted standards of the physician assistant profession. Conduct which
fails to conform to the accepted standards of the physician assistant profession includes,
but is not limited to, the following: Conviction of a felony; fraud or deceit in professional
practice; illegal conduct; negligent, incompetent or wrongful conduct in professional
activities; emotional disorder or mental illness; physical illness including, but not limited
to, deterioration through the aging process; abuse or excessive use of drugs, including
alcohol, narcotics or chemicals; wilful falsification of entries into any patient record;
possession, use, prescription for use, or distribution of controlled substances or legend
drugs, except for therapeutic or other medically proper purposes; misrepresentation or
concealment of a material fact in the obtaining or reinstatement of a physician assistant
license or permit; or violation of any provisions of this chapter and section 21a-252.
The commissioner may order a license or permit holder to submit to a reasonable physical
or mental examination if his physical or mental capacity to practice safely is the subject
of an investigation. The commissioner may petition the superior court for the judicial
district of Hartford to enforce such order or any action taken pursuant to section 19a-17. Notice of any contemplated action under said section, the cause of the action and
the date of a hearing on the action shall be given and an opportunity for hearing afforded
in accordance with the provisions of chapter 54.
(P.A. 88-230, S. 1, 12; 90-98, S. 1, 2; 90-211, S. 8, 23; P.A. 93-142, S. 4, 7, 8; P.A. 95-74, S. 6, 9; 95-220, S. 4-6; 95-271, S. 7, 40.)
History: (Revisor's note: P.A. 88-230 and P.A. 90-98 authorized substitution of "judicial district of Hartford" for
"judicial district of Hartford-New Britain" in public and special acts of 1990 session, effective September 1, 1993); P.A.
93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993;
P.A. 95-74 and P.A. 95-271 extended board jurisdiction to temporary and training permits, effective July 1, 1995, and July
6, 1995, respectively; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1,
1998, effective July 1, 1995.
Sec. 20-12g. Regulations concerning physician assistants. The department may,
with the advice and assistance of the board, promulgate such regulations as may be
necessary for the implementation of sections 20-12a to 20-12f, inclusive.
(P.A. 90-211, S. 9, 23.)
Sec. 20-12h. Resident physician assistant program. License, temporary or
training permit requirements. No person shall participate in a resident physician assistant program until he has received a license or temporary permit issued pursuant to
section 20-12b or a training permit issued by the department. The training permit shall
be issued solely for purposes of participation in postgraduate education as a resident
physician assistant in a short-term hospital, as defined in the regulations of Connecticut
state agencies and licensed pursuant to subsection (a) of section 19a-491, that provides
a postgraduate medical education program accredited by the Accreditation Council for
Graduate Medical Education. No person shall receive a training permit until a statement
has been filed with the department on his behalf by the hospital administrator certifying
that such person is to be appointed a resident physician assistant in such hospital and
that he has satisfied the requirements of subdivisions (1), (2) and (5) of subsection (a)
of section 20-12b. Such training permit shall authorize the holder to participate in clinical
educational activities only when the supervising physician is physically present on the
premises and is immediately available to the physician assistant when needed, but shall
not authorize the holder to prescribe or dispense drugs.
(P.A. 95-74, S. 2, 9; 95-271, S. 6, 40.)
History: P.A. 95-74 and P.A. 95-271, S. 6 effective July 1 1995 (Revisor's note: Since P.A. 95-74, S. 2 included all
the substantive provisions of P.A. 95-271, S. 6, the Revisors codified both sections as a single statute section).
Secs. 20-12i to 20-20m. Reserved for future use.
Sec. 20-12n. Homeopathic physicians. (a) As used in this section, "homeopathic
physician" means a physician who prescribes the single remedy in the minimum dose
in potentized form, selected from the law of similars.
(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 meeting
the requirements of 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 Connecticut Homeopathic Medical Examining Board or 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 Connecticut Homeopathic Medical Examining Board shall approve any training
completed under the direction of a licensed homeopathic physician.
(P.A. 03-252, S. 6.)
Sec. 20-13. Issuance of license. Any person who has complied with the provisions
of section 20-10 or section 20-12, and who files the proof thereof with the Department
of Public Health, shall receive from the department a license, which shall include a
statement that the person named therein is qualified to practice medicine and surgery.
(1949 Rev., S. 4364(e); 1953, 1955, S. 2192d(e); 1959, P.A. 616, S. 4; P.A. 77-614, S. 323, 610; P.A. 81-471, S. 6, 71;
P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1959 act deleted requirement for paying two dollars for certificate; P.A. 77-614 replaced department of health
with department of health services, effective January 1, 1979; P.A. 81-471 changed "certificate of registration" to "license"
as of July 1, 1981; P.A. 93-381 replaced department of health services with department of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
See Sec. 19a-88 re annual renewal of licenses.
See note to Sec. 20-10.
Sec. 20-8a et seq. cited. 207 C. 346, 347. Cited. 235 C. 128, 144. Cited. 239 C. 574.
Sec. 20-13a. Definitions. As used in sections 20-13a to 20-13i, inclusive, unless
the context otherwise requires:
(1) "Board" means the Connecticut Medical Examining Board, as provided for in
section 20-8a;
(2) "Commissioner" means the Commissioner of Public Health;
(3) "County society" means a county medical association affiliated with the Connecticut State Medical Society;
(4) "Department" means the Department of Public Health;
(5) "License" means any license or permit issued pursuant to section 20-10, 20-11a
or 20-12;
(6) "Physician" means a person holding a license issued pursuant to this chapter,
except a homeopathic physician; and
(7) "State society" means the Connecticut State Medical Society or the Connecticut
Osteopathic Medical Society.
(P.A. 76-276, S. 1, 22; P.A. 77-614, S. 323, 610; P.A. 82-472, S. 74, 183; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12,
21, 58; 95-271, S. 8, 40; P.A. 99-102, S. 11.)
History: P.A. 77-614 replaced commissioner and department of health with commissioner and department of health
services, effective January 1, 1979; P.A. 82-472 replaced alphabetic Subdiv. indicators with numeric indicators; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and
addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-271 added
reference to the Connecticut Osteopathic Medical Society in definition of "county society", added Subdiv. (5) defining
"license", renumbering the remaining Subdivs., and changed "licensed" to "holding a license issued" in definition of
"physician", effective July 6, 1995; P.A. 99-102 moved reference to the Connecticut Osteopathic Medical Society from
the definition of "county society" in Subdiv. (3) to the definition of "state society" in Subdiv. (7).
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Subdiv. (5):
Cited. 208 C. 492, 497, 502, 503.
Sec. 20-13b. Regulations. The Commissioner of Public Health, with advice and
assistance from the board, may establish such regulations in accordance with chapter
54 as may be necessary to carry out the provisions of sections 20-13a to 20-13i, inclusive.
(P.A. 76-276, S. 2, 22; P.A. 77-614, S. 353, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979;
P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective
July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Sec. 20-13c. Restriction, suspension or revocation of physician's right to practice. Grounds. The board is authorized to restrict, suspend or revoke the license or limit
the right to practice of a physician or take any other action in accordance with section
19a-17, for any of the following reasons: (1) Physical illness or loss of motor skill,
including, but not limited to, deterioration through the aging process; (2) emotional
disorder or mental illness; (3) abuse or excessive use of drugs, including alcohol, narcotics or chemicals; (4) illegal, incompetent or negligent conduct in the practice of medicine; (5) possession, use, prescription for use, or distribution of controlled substances
or legend drugs, except for therapeutic or other medically proper purposes; (6) misrepresentation or concealment of a material fact in the obtaining or reinstatement of a license
to practice medicine; (7) failure to adequately supervise a physician assistant; (8) failure
to fulfill any obligation resulting from participation in the National Health Service
Corps; (9) failure to maintain professional liability insurance or other indemnity against
liability for professional malpractice as provided in subsection (a) of section 20-11b; (10)
failure to provide information requested by the department for purposes of completing a
health care provider profile, as required by section 20-13j; (11) engaging in any activity
for which accreditation is required under section 19a-690 or 19a-691 without the appropriate accreditation required by section 19a-690 or 19a-691; (12) failure to provide
evidence of accreditation required under section 19a-690 or 19a-691 as requested by
the department pursuant to section 19a-690 or 19a-691; or (13) violation of any provision
of this chapter or any regulation established hereunder. In each case, the board shall
consider whether the physician poses a threat, in the practice of medicine, to the health
and safety of any person. If the board finds that the physician poses such a threat, the
board shall include such finding in its final decision and act to suspend or revoke the
license of said physician.
(P.A. 76-276, S. 3, 22; P.A. 77-614, S. 354, 610; P.A. 80-484, S. 15, 176; P.A. 81-471, S. 7, 71; P.A. 90-211, S. 10,
23; P.A. 91-105, S. 3, 4; P.A. 92-40; P.A. 94-71, S. 7; P.A. 99-284, S. 34; P.A. 01-50, S. 3, 4.)
History: P.A. 77-614 added Subdiv. (8) allowing restriction, suspension or revocation of license etc. for violations of
chapter or related regulations, effective January 1, 1979; P.A. 80-484 replaced "certificate of registration" with "license"
and deleted Subdiv. (7) prohibiting advertising which may deceive the public, renumbering Subdiv. (8) accordingly; P.A.
81-471 deleted reference to "certificate" in Subdiv. (6); P.A. 90-211 added failure to adequately supervise a physician
assistant as ground for disciplinary action; P.A. 91-105 amended section to require the board to make determination
concerning any threat presented by a physician to the health and safety of patients; P.A. 92-40 inserted new Subdiv. (8)
concerning failure to fulfill obligations resulting from participation in the National Health Service Corps, renumbering
former Subdiv. (8) as (9); P.A. 94-71 inserted new Subdiv. (9) concerning failure to maintain professional liability insurance
or other indemnity against liability for professional malpractice and renumbered former Subdiv. (9) as (10); P.A. 99-284
inserted new Subdiv. (10) re failure to provide profile information, renumbering former Subdiv. (10) as (11), and made
technical changes; P.A. 01-50 added new Subdivs. (11) and (12) re accreditation requirements and redesignated former
Subdiv. (11) as Subdiv. (13), effective July 1, 2001.
Sec. 20-8a et seq. cited. 207 C. 346, 347. Cited. Id. Cited. 208 C. 492, 497, 498, 500, 502. Cited. 223 C. 618, 626. Cited.
228 C. 651, 653, 658, 665, 677.
Cited. 24 CA 662, 664; judgment reversed, see 223 C. 618 et seq. Cited. 37 CA 694, 695.
Cited. 40 CS 188, 189.
Subdiv. (2):
Cited. 228 C. 651, 655, 656.
Subdiv. (4):
Cited. 228 C. 651, 654-657, 667, 670.
Subdiv. (5):
Cited. 228 C. 651, 654, 656, 657, 667, 670.
Sec. 20-13d. Complaints required and permitted. Department to be notified
of termination or restriction of physician's privileges. Facilities to be notified of
suspension, revocation or restriction of physician's license. Notice of disciplinary
action taken in other state. (a) The state society or any county society or any physician
or hospital shall within thirty days, and the board or any individual may, file a petition
when such society, physician or hospital or said board or individual has any information
which appears to show that a physician is or may be unable to practice medicine with
reasonable skill or safety for any of the reasons listed in section 20-13c. Petitions shall
be filed with the Department of Public Health on forms supplied by the department,
shall be signed and sworn and shall set forth in detail the matters complained of.
(b) Any health care facility licensed under section 19a-493 which terminates or
restricts the staff membership or privileges of any physician shall, not later than fifteen
days after the effective date of such action, notify the department of such action.
(c) The department shall notify any health care facility licensed under section 19a-493 if the board suspends, revokes or otherwise restricts the license of any physician.
The commissioner shall adopt regulations in accordance with chapter 54 to implement
a system of notification in accordance with the provisions of this subsection.
(d) A physician shall report to the department any disciplinary action similar to an
action specified in subsection (a) of section 19a-17 taken against him by a duly authorized professional disciplinary agency of any other state, the District of Columbia, a
United States possession or territory, or a foreign jurisdiction, within thirty days of such
action. Failure to so report may constitute a ground for disciplinary action under section
20-13c.
(P.A. 76-276, S. 4, 22; P.A. 77-614, S. 355, 610; P.A. 84-148, S. 1, 4; P.A. 90-13, S. 8; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 required that complaints be filed with department of health services rather than with board and
that department rather than board be notified of termination, restriction, etc. of physician by health care facility and deleted
Subsecs. (c) and (d) re procedure for investigation of complaints, effective January 1, 1979; P.A. 84-148 changed "complaint" to "petition", imposed thirty-day time limit for filing of petition and added Subsec. (c) requiring the department to
notify health care facilities if the board suspends, revokes or otherwise restricts a physician's license; P.A. 90-13 added
Subsec. (d) re disciplinary action taken in any other state; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department
of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Cited. 17 CA 532, 540-542.
Cited. 40 CS 188, 193.
Sec. 20-13e. Investigation of petition. Examination of physician. Hearing. Enforcement. (a) The department shall investigate each petition filed pursuant to section
20-13d, in accordance with the provisions of subdivision (10) of subsection (a) of section
19a-14 to determine if probable cause exists to issue a statement of charges and to
institute proceedings against the physician under subsection (e). Such investigation shall
be concluded not later than eighteen months from the date the petition is filed with
the department and, unless otherwise specified by this subsection, the record of such
investigation shall be deemed a public record, in accordance with section 1-210, at the
conclusion of such eighteen-month period. Any such investigation shall be confidential
and no person shall disclose his knowledge of such investigation to a third party unless
the physician requests that such investigation and disclosure be open. If the department
determines that probable cause exists to issue a statement of charges, the entire record
of such proceeding shall be public unless the department determines that the physician
is an appropriate candidate for participation in a rehabilitation program in accordance
with subsection (b) and the physician agrees to participate in such program in accordance
with terms agreed upon by the department and the physician. If at any time subsequent
to the filing of a petition and during the eighteen-month period, the department makes
a finding of no probable cause, the petition and the entire record of such investigation
shall remain confidential unless the physician requests that such petition and record
be open.
(b) In any investigation pursuant to subsection (a), the department may recommend
that the physician participate in an appropriate rehabilitation program, provided the
department determines that the physician, during his participation in such a program in
accordance with terms agreed upon by the department and the physician, does not pose
a threat in his practice of medicine, to the health and safety of any person. Such determination shall become a part of the record of said investigation. The department may seek
the advice of established medical organizations in determining the appropriateness of
any rehabilitation program. If the physician participates in an approved program, with
the consent of the department, the department shall monitor the physician's participation
in such program and require the person responsible for the physician's activities in such
program to submit signed monthly reports describing the physician's progress therein.
The department shall determine if participation in such a program is sufficient cause to
end its investigation. Upon commencement of the rehabilitation program by the physician and during his continued participation in such program in accordance with terms
agreed upon by the department and the physician all records shall remain confidential.
(c) As part of an investigation of a petition filed pursuant to subsection (a) of section
20-13d, the Department of Public Health may order the physician to submit to a physical
or mental examination, to be performed by a physician chosen from a list approved by the
department. The department may seek the advice of established medical organizations or
licensed health professionals in determining the nature and scope of any diagnostic
examinations to be used as part of any such physical or mental examination. The examining physician shall make a written statement of his or her findings.
(d) If the physician fails to obey a department order to submit to examination or
attend a hearing, the department may petition the superior court for the judicial district
of Hartford to order such examination or attendance, and said court or any judge assigned
to said court shall have jurisdiction to issue such order.
(e) Subject to the provisions of section 4-182, no license shall be restricted, suspended or revoked by the board, and no physician's right to practice shall be limited by
the board, until the physician has been given notice and opportunity for hearing in
accordance with the regulations established by the commissioner.
(P.A. 76-276, S. 5, 22; P.A. 77-614, S. 356, 610; P.A. 80-483, S. 160, 186; P.A. 81-471, S. 8, 71; P.A. 84-148, S. 2, 4;
P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-105, S. 2, 4; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S.
4-6; 95-257, S. 12, 21, 58.)
History: P.A. 77-614 deleted Subsecs. (a) and (b) re procedure for investigation of complaints after board's staff report
or county society report and Subsecs. (d) and (e) re hearings, rights of physicians during hearings, etc., designated former
Subsec. (c) as (a), substituting department of health services for board and deleting clause re consideration of examining
physician's statement as part of investigation and staff report, designated former Subsec. (f) as (b), similarly substituting
department for board, and added new Subsec. (c) prohibiting restriction, suspension or revocation of certificate, etc. unless
notice and opportunity for hearing has been given, effective January 1, 1979; P.A. 80-483 replaced Hartford county with
judicial district of Hartford-New Britain in Subsec. (b); P.A. 81-471 changed "certificate of registration" to "license" in
Subsec. (c) as of July 1, 1981; P.A. 84-148 inserted new Subsecs. (a) and (b) concerning investigations of petitions and
appropriate rehabilitation programs for physicians, relettered former Subsec. (a) and authorized the department to seek
medical advice re examinations of a physician and relettered former Subsecs. (b) and (c); P.A. 88-230 replaced "judicial
district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed
the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-105 amended Subsec. (b) to
require the department to make determination concerning any threat presented by a physician to the health and safety of
patients; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective
June 14, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1,
1998, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services
with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 20-8a et seq. cited. 207 C. 346, 347. Cited. 224 C. 29, 37.
Cited. 14 CA 552, 559.
Cited. 40 CS 188, 193.
Secs. 20-13f to 20-13h. Decision and order; notice; surrender of certificate;
appeal. Rescission or modification of disciplinary action. Immunity from civil liability; admissibility of evidence. Sections 20-13f to 20-13h, inclusive, are repealed.
(P.A. 76-276, S. 6-8, 22; P.A. 77-614, S. 357, 587, 609, 610; P.A. 78-303, S. 85, 136; P.A. 80-484, S. 175, 176.)
Sec. 20-13i. Annual report by department. The department shall file with the
Governor and the joint standing committee on public health of the General Assembly
on or before January 1, 1986, and thereafter on or before January first of each succeeding
year, a report of the activities of the department and the board conducted pursuant to
sections 20-13d and 20-13e. Each such report shall include, but shall not be limited to,
the following information: The number of petitions received; the number of hearings
held on such petitions; and, without identifying the particular physician concerned, a
brief description of the impairment alleged in each such petition and the actions taken
with regard to each such petition by the department and the board.
(P.A. 76-276, S. 9, 22; P.A. 80-484, S. 147, 176; P.A. 84-148, S. 3, 4.)
History: P.A. 80-484 postponed report deadline from 1979 to 1981 and replaced board with department of health
services as reporting agency; P.A. 84-148 amended the reporting procedure to require, commencing January 1, 1986,
annual reports to the public health committee as well as the governor and changed "complaints" to "petitions".
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Cited. 40 CS 188, 193.
Sec. 20-13j. Physician profiles. Establishment. Public availability. (a) For purposes of this section: "Department" means the Department of Public Health, and "physician" means a physician licensed pursuant to this chapter.
(b) The department, after consultation with the Connecticut Medical Examining
Board and the Connecticut State Medical Society shall collect the following information
to create an individual profile on each physician for dissemination to the public:
(1) The name of the medical school attended by the physician and the date of graduation;
(2) The site, training, discipline and inclusive dates of the physician's postgraduate
medical education required pursuant to the applicable licensure section of the general
statutes;
(3) The area of the physician's practice specialty;
(4) The address of the physician's primary practice location or primary practice
locations, if more than one;
(5) A list of languages, other than English, spoken at the physician's primary practice locations;
(6) An indication of any disciplinary action taken against the physician by the department or by the state board;
(7) Any current certifications issued to the physician by a specialty board of the
American Board of Medical Specialties;
(8) The hospitals and nursing homes at which the physician has admitting privileges;
(9) Any appointments of the physician to Connecticut medical school faculties and
an indication as to whether the physician has current responsibility for graduate medical
education;
(10) A listing of the physician's publications in peer reviewed literature;
(11) A listing of the physician's professional services, activities and awards;
(12) Any hospital disciplinary actions against the physician that resulted, within
the past ten years, in the termination or revocation of the physician's hospital privileges
for a medical disciplinary cause or reason, or the resignation from, or nonrenewal of,
medical staff membership or the restriction of privileges at a hospital taken in lieu of
or in settlement of a pending disciplinary case related to medical competence in such
hospital;
(13) A description of any criminal conviction of the physician for a felony within
the last ten years. For the purposes of this subdivision, a physician shall be deemed to
be convicted of a felony if the physician pleaded guilty or was found or adjudged guilty
by a court of competent jurisdiction or has been convicted of a felony by the entry of a
plea of nolo contendere; and
(14) To the extent available, and consistent with the provisions of subsection (c)
of this section, all medical malpractice court judgments and all medical malpractice
arbitration awards against the physician in which a payment was awarded to a complaining party during the last ten years, and all settlements of medical malpractice claims
against the physician in which a payment was made to a complaining party within the
last ten years.
(c) Any report of a medical malpractice judgment or award against a physician made
under subdivision (14) of subsection (b) of this section shall comply with the following:
(1) Dispositions of paid claims shall be reported in a minimum of three graduated categories indicating the level of significance of the award or settlement; (2) information concerning paid medical malpractice claims shall be placed in context by comparing an
individual physician's medical malpractice judgments, awards and settlements to the
experience of other physicians licensed in Connecticut who perform procedures and treat
patients with a similar degree of risk; (3) all judgment award and settlement information
reported shall be limited to amounts actually paid by or on behalf of the physician; and (4)
comparisons of malpractice payment data shall be accompanied by (A) an explanation of
the fact that physicians treating certain patients and performing certain procedures are
more likely to be the subject of litigation than others and that the comparison given is
for physicians who perform procedures and treat patients with a similar degree of risk;
(B) a statement that the report reflects data for the last ten years and the recipient should
take into account the number of years the physician has been in practice when considering the data; (C) an explanation that an incident giving rise to a malpractice claim may
have occurred years before any payment was made due to the time lawsuits take to move
through the legal system; (D) an explanation of the effect of treating high-risk patients
on a physician's malpractice history; and (E) an explanation that malpractice cases may
be settled for reasons other than liability and that settlements are sometimes made by
the insurer without the physician's consent. Information concerning all settlements shall
be accompanied by the following statement: "Settlement of a claim may occur for a
variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice
action or claim should not be construed as creating a presumption that medical malpractice has occurred."
(d) Pending malpractice claims against a physician and actual amounts paid by or
on behalf of a physician in connection with a malpractice judgment, award or settlement
shall not be disclosed by the department to the public. This subsection shall not be
construed to prevent the department from investigating and disciplining a physician on
the basis of medical malpractice claims that are pending.
(e) Prior to the initial release of a physician's profile to the public, the department
shall provide the physician with a copy of the physician's profile. Additionally, any
amendments or modifications to the profile that were not supplied by the physician or
not generated by the department itself shall be provided to the physician for review prior
to release to the public. A physician shall have sixty days from the date the department
mails or delivers the prepublication copy to dispute the accuracy of any information
that the department proposes to include in such profile and to submit a written statement
setting forth the basis for such dispute. If a physician does not notify the department that
the physician disputes the accuracy of such information within such sixty-day period, the
department shall make the profile available to the public and the physician shall be
deemed to have approved the profile and all information contained therein. If a physician
notifies the department that the physician disputes the accuracy of such information in
accordance with this subsection, the physician's profile shall be released to the public
without the disputed information, but with a statement to the effect that information in
the identified category is currently the subject of a dispute and is therefore not currently
available. Not later than thirty days after the department's receipt of notice of a dispute,
the department shall review any information submitted by the physician in support of
such dispute and determine whether to amend the information contained in the profile.
In the event that the department determines not to amend the disputed information,
the disputed information shall be included in the profile with a statement that such
information is disputed by the physician.
(f) A physician may elect to have the physician's profile omit information provided
pursuant to subdivisions (9) to (11), inclusive, of subsection (b) of this section. In collecting information for such profiles and in the dissemination of such profiles, the department shall inform physicians that they may choose not to provide the information described in said subdivisions (9) to (11), inclusive.
(g) Each profile created pursuant to this section shall include the following statement: "This profile contains information that may be used as a starting point in evaluating
the physician. This profile should not, however, be your sole basis for selecting a physician."
(h) The department shall maintain a web site on the Internet for use by the public
in obtaining profiles of physicians.
(i) No state law that would otherwise prohibit, limit or penalize disclosure of information about a physician shall apply to disclosure of information required by this section.
(j) All information provided by a physician pursuant to this section shall be subject
to the penalties of false statement, pursuant to section 53a-157b.
(k) A physician shall notify the department of any changes to the information required in subdivisions (3), (4), (5), (7), (8) and (13) of subsection (b) of this section not
later than sixty days after such change.
(P.A. 99-284, S. 33.)
Sec. 20-14. Exceptions. Prescription in English. Penalties. No provision of this
section, sections 20-8, 20-9 to 20-13, inclusive, or 20-14a shall be construed to repeal
or affect any of the provisions of any private charter, or to apply to licensed pharmacists.
All physicians or surgeons and all physician assistants practicing under the provisions
of this chapter shall, when requested, write a duplicate of their prescriptions in the
English language. Any person who violates any provision of this section regarding
prescriptions shall be fined ten dollars for each offense. Any person who violates any
provision of section 20-9 shall be fined not more than five hundred dollars or be imprisoned not more than five years or be both fined and imprisoned. For the purposes of this
section, each instance of patient contact or consultation which is in violation of any
provision of section 20-9 shall constitute a separate offense. Failure to renew a license
in a timely manner shall not constitute a violation for the purposes of this section. Any
person who swears to any falsehood in any statement required by section 20-10, 20-12,
20-12b or 20-12c to be filed with the Department of Public Health shall be guilty of
false statement.
(1949 Rev., S. 4368; 1969, P.A. 117; 1971, P.A. 871, S. 97; P.A. 77-614, S. 323, 610; P.A. 84-526, S. 1; P.A. 90-211,
S. 11, 23; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1969 act increased penalties: for first offense from fine of one hundred to three hundred dollars and/or maximum
imprisonment of one year to fine of two hundred to one thousand dollars and/or maximum imprisonment of two years and
for subsequent offenses from fine of two hundred to five hundred dollars and/or thirty-day minimum and one-year maximum
imprisonment to fine of five hundred to two thousand dollars and/or one-year minimum and five-year maximum imprisonment; 1971 act referred to "false statement" rather than "perjury"; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 84-526 amended section by changing penalty for violation of any
provision of Sec. 20-9 to a fine of not more than five hundred dollars or imprisonment of not more than five years, and
added provisions that each instance of patient contact or consultation shall constitute a separate offense and failure to
renew license in timely manner is not a violation for purposes of section; P.A. 90-211 applied provisions to physician
assistants and added reference to Secs. 20-12b and 20-12c; P.A. 93-381 replaced department of health services with
department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
See Sec. 17a-714a re legal protections for licensed health care professionals who prescribe opioid antagonists to
drug users.
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Sec. 20-14a. Prescription of drugs by generic name. Disclosure to patient. Labeling. (a) For the purposes of this section, "brand name" means the name the manufacturer places upon a drug or pharmaceutical or on its container, label, or wrapping at the
time of packaging; and "generic name" means the chemical name or formula or the
established name designated in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any
supplement to any of them.
(b) Any physician, surgeon or other person authorized to prescribe drugs within
this state, who prescribes a drug, shall in each such prescription, oral or written, include
the generic name thereof, if any, unless such physician, surgeon or other person authorized to prescribe drugs, in the exercise of his professional judgment, prescribes a specific
brand name drug. The physician, surgeon or other person so authorized shall state to
the patient for whom a drug is being prescribed, or to his parent or guardian, the name
of the drug or medicine being prescribed, either orally or in writing, and all licensed
pharmacists dispensing prescriptions and all health care institutions or facility pharmacies shall label the container containing said medication or prescription with the name
as provided by the physician, surgeon or other person so authorized, the strength of each
dose prescribed and the date of refill if said prescription is a refill, except if the physician,
surgeon or other person so authorized expressly forbids the placing of said drug or
medicine name on the prescription label or package. On all prescriptions, whether or
not a generic name is stated, the physician, surgeon or other person so authorized shall,
if the patient is over the age of sixty-five, include a notation to that effect.
(c) It is declared to be the public policy of this state that generic name of drugs be
used in prescriptions wherever feasible.
(1972, P.A. 15, S. 1-3; June, 1972, P.A. 1, S. 1; P.A. 73-242.)
History: June, 1972 act rephrased Subsec. (c) for clarity; P.A. 73-242 required physician to inform patient or his parent
or guardian of the name of the drug or medicine prescribed and required prescription label to contain drug name, strength
of dose and refill date, unless physician forbids placing name on label.
See Sec. 17a-714a re legal protections for licensed health care professionals who prescribe opioid antagonists to
drug users.
See Sec. 20-14c et seq. re dispensing of drugs by licensed practitioners.
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Sec. 20-14b. Renewal of licenses. Licenses issued under this chapter shall be renewed annually, on and after January 1, 1981, in accordance with the provisions of
section 19a-88.
(P.A. 80-484, S. 14, 176.)
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Sec. 20-14c. Dispensing and labeling of drugs. Definitions. As used in this section and sections 20-14d to 20-14g, inclusive, and section 20-12d:
(1) "Dispense" has the same meaning as provided in section 20-571.
(2) "Drug" means a legend drug, as defined in section 20-571, or a controlled drug,
as defined in section 21a-240.
(3) "Prescribing practitioner" means a physician, dentist, podiatrist, optometrist,
physician assistant, advanced practice registered nurse, nurse-midwife or veterinarian
licensed by the state of Connecticut and authorized to prescribe medication within the
scope of such person's practice.
(4) "Professional samples" means complimentary starter dose drugs packaged in
accordance with federal and state statutes and regulations that are provided to a prescribing practitioner free of charge by a manufacturer or distributor and distributed free of
charge by the prescribing practitioner to such prescribing practitioner's patients.
(P.A. 85-545, S. 1, 6; P.A. 89-389, S. 13, 22; P.A. 90-211, S. 12, 23; P.A. 92-88, S. 2; P.A. 95-264, S. 49; P.A. 99-102,
S. 20; 99-175, S. 1.)
History: P.A. 89-389 redefined "licensed practitioner" to include advanced practice registered nurses and nurse-midwives; P.A. 90-211 added the reference to Sec. 20-12d in introductory language and redefined "licensed practitioner" to
include physician assistants; P.A. 92-88 redefined "licensed practitioner" to include optometrists; P.A. 95-264 substituted
definition of "prescribing practitioner" for "licensed practitioner" and included veterinarians and made technical changes;
(Revisor's note: In 1999 the Revisors editorially corrected the statutory reference in Subdiv. (1), changing "subdivision
(8)" to "subdivision (9)"); P.A. 99-102 deleted obsolete reference to osteopathy and made technical changes; P.A. 99-175
made technical and gender neutral changes.
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Sec. 20-14d. Dispensing of drugs by licensed practitioners to be in accordance
with sections 20-14c to 20-14g, inclusive. Notwithstanding any provision of the general
statutes, no drug may be dispensed by a prescribing practitioner except in accordance
with the provisions of this section and sections 20-14c, 20-14f and 20-14g.
(P.A. 85-545, S. 2, 6; P.A. 95-264, S. 65; P.A. 99-175, S. 2.)
History: P.A. 95-264 changed "licensed" practitioner to "prescribing" practitioner and made technical changes; P.A.
99-175 made technical changes.
See Sec. 20-631 re collaborative drug therapy management agreements between pharmacists and physicians.
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Sec. 20-14e. Dispensing of drugs. (a) A drug dispensed by a prescribing practitioner shall be personally dispensed by the prescribing practitioner and the dispensing
of such drug shall not be delegated except that, in emergency departments of acute care
hospitals licensed under chapter 368v, the tasks related to dispensing such drug may be
carried out by a nurse licensed pursuant to chapter 378 under the supervision of the
prescribing practitioner.
(b) A patient's medical record shall include a complete record of any drug dispensed
by the prescribing practitioner.
(c) A prescribing practitioner dispensing a drug shall package the drug in containers
approved by the federal Consumer Product Safety Commission, unless requested otherwise by the patient, and shall label the container with the following information: (1)
The full name of the patient; (2) the prescribing practitioner's full name and address;
(3) the date of dispensing; (4) instructions for use; and (5) any cautionary statements as
may be required by law.
(d) Professional samples dispensed by a prescribing practitioner shall be exempt
from the requirements of subsection (c) of this section.
(P.A. 85-545, S. 3, 6; P.A. 95-264, S. 50; P.A. 99-80, S. 2; 99-175, S. 3.)
History: P.A. 95-264 changed "licensed" practitioner to "prescribing" practitioner throughout section and deleted Subsec. (e) which had required compliance with Sec. 20-175a consumer information requirements when dispensing drugs
other than professional samples; P.A. 99-80 amended Subsec. (a) by adding exception for nurses in emergency departments;
P.A. 99-175 amended Subsec. (c) to make technical changes and add numerical Subdiv. indicators.
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Sec. 20-14f. Report to commissioner of intent to continue to dispense drugs
other than professional samples. A prescribing practitioner who, as part of his practice,
dispenses any drug other than professional samples shall notify the Commissioner of
Consumer Protection that he is engaged in the dispensing of drugs and shall, biennially,
upon the date of renewal of the controlled substance registration required by section
21a-317, inform the commissioner of his intent to continue to dispense drugs to his
patients.
(P.A. 85-545, S. 4; P.A. 95-264, S. 66; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 95-264 changed "licensed" practitioner to "prescribing" practitioner; June 30 Sp. Sess. P.A. 03-6 replaced
Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1,
2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of
Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Sec. 20-14g. Regulations. The Commissioner of Consumer Protection, with the
advice and assistance of the Commission of Pharmacy, may adopt regulations, in accordance with chapter 54, to carry out the provisions of sections 20-14c to 20-14f, inclusive.
(P.A. 85-545, S. 5, 6; P.A. 99-175, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 99-175 made technical changes; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146
of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection,
effective June 1, 2004.
Sec. 20-8a et seq. cited. 207 C. 346, 347.
Sec. 20-14h. Definitions. As used in sections 20-14h to 20-14j, inclusive:
(1) "Administration" means the direct application of a medication by means other
than injection to the body of a person.
(2) "Day programs" and "residential facilities" include only those programs and
facilities designated in the regulations adopted pursuant to section 20-14j.
(3) "Juvenile detention 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.
(P.A. 87-433, S. 1, 4; P.A. 90-70, S. 1, 4.)
History: P.A. 90-70 added definition of "juvenile detention centers" as Subdiv. (3), renumbering as necessary.
Sec. 20-14i. Administration of medication by trained persons. Any provisions
to the contrary notwithstanding, chapter 378 shall not prohibit the administration of
medication to persons attending day programs, or residing in residential facilities, under
the jurisdiction of the Departments of Children and Families, Correction, Mental Retardation and Mental Health and Addiction Services, or being detained in juvenile detention
centers, when such medication is administered by trained persons, pursuant to the written
order of a physician licensed under this chapter, a dentist licensed under chapter 379,
an advanced practice registered nurse licensed to prescribe in accordance with section
20-94a or a physician assistant licensed to prescribe in accordance with section 20-12d,
authorized to prescribe such medication. The provisions of this section shall not apply
to institutions, facilities or programs licensed pursuant to chapter 368v.
(P.A. 87-433, S. 2, 4; P.A. 90-70, S. 2, 4; P.A. 93-91, S. 1, 2; P.A. 96-19, S. 2; P.A. 04-257, S. 103.)
History: P.A. 90-70 added phrase "or being detained in juvenile detention centers"; P.A. 93-91 substituted commissioner
and department of children and families for commissioner and department of children and youth services, effective July
1, 1993; P.A. 96-19 expanded written orders by physicians to include written orders by advanced practice registered nurses
and physician assistants; P.A. 04-257 made a technical change, effective June 14, 2004.
Sec. 20-14j. Regulations. Advisory task force. Training programs and policies
re administration of medication at juvenile detention centers. (a) The commissioners
of the departments which license the residential facilities or day programs in which the
administration of medication in accordance with section 20-14i is appropriate shall adopt
regulations, in accordance with the provisions of chapter 54, to carry out the provisions
of sections 20-14h and 20-14i. If licensing is not required, the regulations shall be
adopted by the commissioners of the departments having authority over the persons
served in such facilities or programs. Such regulations shall be adopted by each affected
department in consultation with an advisory task force which shall include the Commissioner of Public Health, the Commissioner of Mental Health and Addiction Services,
the Commissioner of Mental Retardation, the Commissioner of Correction and the Commissioner of Children and Families, or their designees. The task force shall submit a
report to the joint standing committee of the General Assembly having cognizance of
matters relating to public health by November 1, 1988.
(b) The Chief Court Administrator shall (1) establish ongoing training programs
for personnel who are to administer medications to detainees in juvenile detention centers, and (2) adopt policies to carry out the provisions of sections 20-14h and 20-14i
concerning the administration of medication to detainees in juvenile detention centers.
(P.A. 87-433, S. 3, 4; P.A. 90-70, S. 3, 4; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 95-257, S. 11, 12, 21, 58.)
History: P.A. 90-70 added Subsec. (b) re establishment of training programs and adoption of policies by the chief court
administrator for administration of medication at juvenile detention centers; P.A. 93-91 substituted commissioner and
department of children and families for commissioner and department of children and youth services, effective July 1,
1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services,
effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health and replaced Commissioner and Department of Mental Health with
Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.