Substitute Senate Bill No. 287
          Substitute Senate Bill No. 287

              PUBLIC ACT NO. 97-311


AN  ACT  CONCERNING   LICENSURE   OF   PARAMEDICS,
PROFESSIONAL COUNSELORS AND  MARRIAGE  AND  FAMILY
THERAPISTS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. (NEW)  As  used in sections 1 to 5,
inclusive, of this  act: "Professional counseling"
means  the  application,  by  persons  trained  in
counseling,   of   established    principles    of
psycho-social development and  behavioral  science
to  the  evaluation,   assessment,   analysis  and
treatment    of    emotional,     behavioral    or
interpersonal  dysfunction  or  difficulties  that
interfere   with   mental    health    and   human
development.  "Professional counseling"  includes,
but is not limited to, individual, group, marriage
and family counseling,  functional assessments for
persons  adjusting  to  a  disability,  appraisal,
crisis   intervention   and    consultation   with
individuals or groups.
    Sec.  2.  (NEW)  (a)  Except  as  provided  in
subsection (c) of  this  section,  no  person  may
practice  professional  counseling  unless  he  is
licensed pursuant to section 3 of this act.
    (b) No person  may  use  the  title  "licensed
professional counselor" or  make use of any title,
words,   letters   or   abbreviations   that   may
reasonably  be  confused   with   licensure  as  a
professional  counselor  unless   he  is  licensed
pursuant to section 3 of this act.
    (c) No license  as  a  professional  counselor
shall be required  of  the following: (1) A person
who  furnishes  uncompensated   assistance  in  an
emergency;  (2)  a  clergyman,  priest,  minister,
rabbi   or   practitioner    of    any   religious
denomination accredited by  the  religious body to
which he belongs  and  settled  in the work of the
ministry,  provided  the   activities  that  would
otherwise  require a  license  as  a  professional
counselor  are within  the  scope  of  ministerial
duties; (3) a sexual assault counselor, as defined
in section 52-146k  of the general statutes; (4) a
person  participating in  uncompensated  self-help
group counseling or  peer counseling; (5) a person
licensed or certified  by any agency of this state
and  performing  services   within  the  scope  of
practice for which  he  is  licensed or certified;
(6) a student, intern or trainee pursuing a course
of study in  counseling in a regionally accredited
institution  of  higher  education,  provided  the
activities that would  otherwise require a license
as a professional  counselor  are  performed under
supervision and constitute  a part of a supervised
course of study;  (7)  a  person  employed  by  an
institution  of  higher   education   to   provide
academic  counseling  in   conjunction   with  the
institution's  programs and  services;  or  (8)  a
vocational    rehabilitation    counselor,     job
counselor, credit counselor, consumer counselor or
any other counselor  or psychoanalyst who does not
hold himself out  as  a  counselor  whose  primary
service   is  the   application   of   established
principles   of  psycho-social   development   and
behavioral science to  the evaluation, assessment,
analysis and treatment of emotional, behavioral or
interpersonal  dysfunction  or  difficulties  that
interfere   with   mental    health    and   human
development.
    Sec. 3. (NEW)  (a)  The Commissioner of Public
Health shall grant  a  license  as  a professional
counselor to any  applicant who furnishes evidence
satisfactory to the  commissioner  that he has met
the requirements of  section  4  of  this act. The
commissioner shall develop and provide application
forms. The application  fee  shall  be two hundred
fifty dollars.
    (b)  The  license   may  be  renewed  annually
pursuant  to  section   19a-88   of   the  general
statutes, as amended by section 8 of this act, for
a fee of one hundred fifty dollars.
    Sec.  4.  (NEW)  (a)  Except  as  provided  in
subsection  (c) of  this  section,  on  and  after
January 1, 1999,  an  applicant for a license as a
professional  counselor  shall   submit   evidence
satisfactory to the  Commissioner of Public Health
that he has: (1) Completed sixty graduate semester
hours deemed to be in or related to the discipline
of professional counseling  by  the National Board
for  Certified  Counselors,   or   its   successor
organization,   at   a    regionally    accredited
institution of higher  education,  which  included
the core and  clinical  curriculum  of the Council
for  Accreditation  of   Counseling   and  Related
Educational Programs and preparation in principles
of  etiology, diagnosis,  treatment  planning  and
prevention of mental  and  emotional disorders and
dysfunctional behavior, and  have  earned,  from a
regionally   accredited  institution   of   higher
education  with  a  major  deemed  to  be  in  the
discipline  of  professional   counseling  by  the
National Board for  Certified  Counselors  or  its
successor organization, either  (A)  a master's or
sixth-year degree of  at  least forty-two graduate
semester hours, or  (B)  a  doctoral  degree;  (2)
acquired     three     thousand      hours      of
postgraduate-degree-supervised  experience in  the
practice  of  professional  counseling,  performed
over a period  of  not  less  than  one year, that
included a minimum  of one hundred hours of direct
supervision by a  physician  licensed  pursuant to
chapter  370  of  the  general  statutes  who  has
obtained  certification  in  psychiatry  from  the
American  Board of  Psychiatry  and  Neurology,  a
psychologist licensed pursuant  to  chapter 383 of
the  general  statutes,   a   marital  and  family
therapist licensed pursuant to chapter 383a of the
general  statutes,  a   clinical   social   worker
licensed pursuant to  chapter  383b of the general
statutes  or  a  professional  counselor  licensed
pursuant to section  3 of this act; and (3) passed
an examination prescribed by the commissioner.
    (b) Except as  provided  in  subsection (c) of
this  section,  prior   to  January  1,  1999,  an
applicant  for  a   license   as   a  professional
counselor shall submit  evidence  satisfactory  to
the  commissioner  that   he  has:  (1)  Earned  a
master's  degree, sixth-year  degree  or  doctoral
degree from a regionally accredited institution of
higher education with  a  major the National Board
for   Certified  Counselors   or   its   successor
organization deems to  be  in  the  discipline  of
professional     counseling;     (2)     practiced
professional counseling for a minimum of two years
immediately preceding October  1,  1997;  and  (3)
passed   an   examination    prescribed   by   the
Commissioner of Public Health.
    (c) An applicant  for licensure by endorsement
shall  present  evidence   satisfactory   to   the
commissioner that he is licensed or certified as a
professional counselor, or as a person entitled to
perform  similar  services   under   a   different
designation,  in  another  state  or  jurisdiction
whose requirements for practicing in such capacity
are substantially similar  to or higher than those
of  this  state   and   that  he  has  no  pending
disciplinary   action  or   unresolved   complaint
against him.
    Sec.  5.  (NEW)  The  Commissioner  of  Public
Health may take  any disciplinary action set forth
in section 19a-17  of the general statutes against
a professional counselor  for any of the following
reasons: (1) Failure  to  conform  to the accepted
standards of the  profession;  (2) conviction of a
felony;  (3)  fraud  or  deceit  in  obtaining  or
seeking reinstatement of  a  license  to  practice
professional counseling; (4)  fraud  or  deceit in
the  practice  of   professional  counseling;  (5)
negligent,  incompetent  or  wrongful  conduct  in
professional activities; (6)  physical,  mental or
emotional  illness or  disorder  resulting  in  an
inability to conform  to the accepted standards of
the profession; (7)  alcohol  or  substance abuse;
(8)  wilful  falsification   of   entries  in  any
hospital, patient or  other  record  pertaining to
professional counseling; or  (9)  violation of any
provision of sections  1  to 4, inclusive, of this
act or any  regulation adopted pursuant to section
6  of this  act.  The  commissioner  may  order  a
license 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-New Britain to  enforce such order or any
action taken pursuant  to said section 19a-17. The
commissioner shall give  notice and an opportunity
to be heard  on any contemplated action under said
section 19a-17.
    Sec.  6.  (NEW)  The  Commissioner  of  Public
Health may adopt  regulations,  in accordance with
the  provisions  of  chapter  54  of  the  general
statutes, to further the purposes of this act.
    Sec. 7. Subsection  (c)  of  section 19a-14 of
the  general  statutes   is   amended   by  adding
subdivision (18) as follows:
    (NEW) (18) Professional counselor.
    Sec. 8. Subsection  (e)  of  section 19a-88 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e)  Each  person   holding   a   license   or
certificate issued under  SECTION  3  OF THIS ACT,
section  19a-514  and   chapters   370   to   373,
inclusive, 375, 378  to  381a,  inclusive,  383 to
388, inclusive, 393a,  395,  398,  399 or 400a and
section 20-206n or 20-206o shall, annually, during
the month of  his birth, apply for renewal of such
license or certificate to the Department of Public
Health, giving his name in full, his residence and
business address and such other information as the
department requests. Each person holding a license
or certificate issued  pursuant  to section 20-475
or 20-476 shall, annually, during the month of his
birth  apply  for   renewal  of  such  license  or
certificate to the department. Each entity holding
a license issued pursuant to section 20-475 shall,
annually, during the  anniversary month of initial
licensure, apply for  renewal  of  such license or
certificate to the department.
    Sec.  9.  Section   19a-193   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [A  paramedic  may   carry  out]  AS  USED  IN
SECTIONS 9 TO 14, INCLUSIVE, OF THIS ACT:
    "PARAMEDICINE" MEANS THE  CARRYING  OUT OF all
phases   of  cardiopulmonary   resuscitation   and
defibrillation,      [and     administer]      THE
ADMINISTRATION OF drugs  and intravenous solutions
under  written  or   oral   authorization  from  a
licensed physician [.  A paramedic may administer]
AND THE ADMINISTRATION  OF  controlled substances,
as defined [under  subdivision  (9) of] IN section
21a-240, under the  supervision  of a physician by
simultaneous communication.
    Sec.  10. (NEW)  (a)  Except  as  provided  in
subsection (c) of  this  section,  no person shall
practice  paramedicine  unless   licensed   as   a
paramedic pursuant to section 11 of this act.
    (b) No person  shall use the title "paramedic"
or  make use  of  any  title,  words,  letters  or
abbreviations that may reasonably be confused with
licensure as a  paramedic unless licensed pursuant
to section 11 of this act.
    (c)  No  license   as  a  paramedic  shall  be
required  of  (1)  a  person  performing  services
within the scope  of  practice  for  which  he  is
licensed or certified by any agency of this state,
or (2) a  student,  intern  or  trainee pursuing a
course of study  in  paramedicine in an accredited
institution of education  or  within  an emergency
medical   services   program   approved   by   the
commissioner, as defined in section 19a-175 of the
general  statutes, provided  the  activities  that
would otherwise require  a  license as a paramedic
are performed under  supervision  and constitute a
part of a supervised course of study.
    Sec.  11.  (NEW)   (a)  The  commissioner,  as
defined  in  section   19a-175   of   the  general
statutes, shall issue  a license as a paramedic to
any applicant who  furnishes evidence satisfactory
to the commissioner that the applicant has met the
requirements  of  section  12  of  this  act.  The
commissioner shall develop and provide application
forms. The application  fee  shall be seventy-five
dollars.
    (b)  The  license   may  be  renewed  annually
pursuant  to  section   19a-88   of   the  general
statutes, as amended  by  this  act,  for a fee of
seventy-five dollars.
    Sec.  12. (NEW)  (a)  Except  as  provided  in
subsections  (b)  and  (c)  of  this  section,  an
applicant  for a  license  as  a  paramedic  shall
submit evidence satisfactory  to the commissioner,
as  defined in  section  19a-175  of  the  general
statutes, that the  applicant has successfully (1)
completed a mobile intensive care training program
approved by the  commissioner  and  (2)  passed an
examination prescribed by the commissioner.
    (b) An applicant  for licensure by endorsement
shall  present  evidence   satisfactory   to   the
commissioner that the  applicant  is  licensed  or
certified  as a  paramedic  in  another  state  or
jurisdiction whose requirements  for practicing in
such  capacity are  substantially  similar  to  or
higher than those of this state and that he has no
pending   disciplinary   action    or   unresolved
complaint against him.
    (c)  Any  person   who   is  certified  as  an
emergency  medical  technician-paramedic   by  the
Department of Public  Health  on  October 1, 1997,
shall be deemed  a  licensed paramedic. Any person
so deemed shall  renew  his  license  pursuant  to
section 19a-88 of the general statutes, as amended
by  section  16   of   this  act,  for  a  fee  of
seventy-five dollars.
    Sec.  13. (NEW)  The  Commissioner  of  Public
Health may adopt  regulations  in  accordance with
the  provisions  of  chapter  54  of  the  general
statutes to carry out the provisions of this act.
    Sec.  14. (NEW)  The  Commissioner  of  Public
Health may take  any disciplinary action set forth
in section 19a-17  of the general statutes against
a paramedic for  any of the following reasons: (1)
Failure to conform  to  the  accepted standards of
the profession; (2)  conviction  of  a felony; (3)
fraud   or  deceit   in   obtaining   or   seeking
reinstatement   of   a    license    to   practice
paramedicine; (4) fraud  or deceit in the practice
of  paramedicine; (5)  negligent,  incompetent  or
wrongful conduct in  professional  activities; (6)
physical, mental or  emotional illness or disorder
resulting  in  an  inability  to  conform  to  the
accepted standards of  the profession; (7) alcohol
or substance abuse;  (8)  wilful  falsification of
entries in any  hospital,  patient or other health
record;  or (9)  violation  of  any  provision  of
section  19a-193  of   the  general  statutes,  as
amended by this  act,  or  any regulations adopted
pursuant  to  section   13   of   this   act.  The
commissioner may order  a license 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-New Britain to
enforce such order or any action taken pursuant to
said section 19a-17.  The  commissioner shall give
notice and an  opportunity  to  be  heard  on  any
contemplated action under said section 19a-17.
    Sec. 15. Subdivision  (15)  of section 19a-175
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (15) "Paramedic" means  a person [who has been
certified  by the  Department  of  Public  Health,
pursuant  to  the   regulations  adopted  by  said
department, as an emergency medical technician II]
LICENSED PURSUANT TO SECTION 11 OF THIS ACT.
    Sec. 16. Subsection  (e)  of section 19a-88 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e)  Each  person   holding   a   license   or
certificate issued under  SECTION  11 OF THIS ACT,
section  19a-514  and   chapters   370   to   373,
inclusive, 375, 378  to  381a,  inclusive,  383 to
388, inclusive, 393a,  395,  398,  399 or 400a and
section 20-206n or 20-206o shall, annually, during
the month of  his birth, apply for renewal of such
license or certificate to the Department of Public
Health, giving his name in full, his residence and
business address and such other information as the
department requests. Each person holding a license
or certificate issued  pursuant  to section 20-475
or 20-476 shall, annually, during the month of his
birth  apply  for   renewal  of  such  license  or
certificate to the department. Each entity holding
a license issued pursuant to section 20-475 shall,
annually, during the  anniversary month of initial
licensure, apply for  renewal  of  such license or
certificate to the department.
    Sec. 17. Subsection (b) of section 20-9 of the
general statutes is  repealed and the following is
substituted in lieu thereof:
    (b) The provisions  of  this chapter shall not
apply to: (1)  Dentists while practicing dentistry
only; (2) any  person  in the employ of the United
States government while acting in the scope of his
employment; (3) any  person  who furnishes medical
or  surgical  assistance   in   cases   of  sudden
emergency; (4) any  person  residing  out  of this
state who is  employed  to come into this state to
render temporary assistance to or consult with any
physician or surgeon  who  has  been  licensed  in
conformity with the  provisions  of  this chapter;
(5)  any  physician   or   surgeon  then  actually
residing out of this state who is employed to come
into this state to treat, operate or prescribe for
any injury, deformity,  ailment  or  disease  from
which the person  who  employed such physician, or
the person on  behalf  of  whom  such physician is
employed,  is suffering  at  the  time  when  such
nonresident physician or  surgeon  is so employed;
(6) any person  rendering  service  as an advanced
practice  registered  nurse  if  such  service  is
rendered  under  the   direction   of  a  licensed
physician;   (7)  any   nurse-midwife   practicing
nurse-midwifery in accordance  with the provisions
of chapter 377;  (8)  any  podiatrist  licensed in
accordance with the provisions of chapter 375; (9)
any Christian Science  practitioner  who  does not
use  or  prescribe  in  his  practice  any  drugs,
poisons,   medicines,   chemicals,   nostrums   or
surgery; (10) any  person licensed to practice any
of the healing  arts  named  in  section 20-1, who
does not use  or  prescribe  in  his  practice any
drugs, medicines, poisons,  chemicals, nostrums or
surgery;  (11)  any  graduate  of  any  school  or
institution giving instruction in the healing arts
who has been  issued  a  permit in accordance with
subsection  (a)  of  section  20-11a  and  who  is
serving as an  intern  or  resident in a hospital;
(12)  any  student  participating  in  a  clinical
clerkship  program  who   has  the  qualifications
specified in subsection  (b)  of  section  20-11a;
(13) any person,  otherwise  qualified to practice
medicine  in  this  state  except  that  he  is  a
graduate of a  medical  school  located outside of
the United States  or the Dominion of Canada which
school  is  recognized  by  the  American  Medical
Association or the  World  Health Organization, to
whom  the  Connecticut  Medical  Examining  Board,
subject to such regulations as the Commissioner of
Public Health, with advice and assistance from the
board, prescribes, has issued a permit to serve as
an intern or  resident in a hospital in this state
for the purpose  of  extending his education; (14)
any  person  rendering   service  as  a  physician
assistant licensed pursuant  to  section 20-12b, a
registered nurse, a  licensed practical nurse or a
LICENSED paramedic, [as  defined in subsection (o)
of section 19a-175,  acting  within  the  scope of
regulations pursuant to  section 19a-179,] if such
service is rendered under the supervision, control
and responsibility of  a  licensed physician; (15)
any student enrolled  in  an  accredited physician
assistant program or paramedic program approved in
accordance with regulations  adopted  pursuant  to
section 19a-179, who is performing such work as is
incidental to his course of study; (16) any person
who, on June  1,  1993, has worked continuously in
this  state  since   1978   performing  diagnostic
radiology services and  who  continues  to  render
such services under  the  supervision, control and
responsibility  of  a  licensed  physician  solely
within the setting  where such person was employed
on  June  1,  1993;  (17)  any  person  performing
athletic training as described in section 19a-16a;
(18)  when  deemed   by  the  Connecticut  Medical
Examining Board to  be  in  the public's interest,
based   on   such   considerations   as   academic
attainments,  specialty  board  certification  and
years of experience,  to  a  foreign  physician or
surgeon  whose professional  activities  shall  be
confined  within  the  confines  of  a  recognized
medical school; (19)  any  technician  engaging in
tattooing in accordance  with  the  provisions  of
section  19a-92a  and   any   regulations  adopted
thereunder.
    Sec.  18.  Section   20-195c  of  the  general
statutes is amended  by  adding  subsection (c) as
follows:
    (NEW) (c) Notwithstanding  the requirements of
this section, the  commissioner  shall,  not later
than  February 6,  1998,  grant  a  license  as  a
marital and family  therapist  to  any  person who
submits satisfactory evidence  that  he  has (1) a
minimum of ten  years of relevant experience as of
January 1, 1998, including a minimum of five years
work experience under  an  approved  supervisor or
approved  substitute supervisor  of  the  American
Association for Marriage  and  Family  Therapy  or
supervisor or substitute  supervisor  certified or
licensed under this  chapter,  or (2) successfully
completed, prior to  January 1, 1985, either (A) a
graduate degree program  specializing  in  marital
and   family  therapy   or   (B)   an   accredited
postgraduate clinical training program approved by
the Commission on  Accreditation  for Marriage and
Family Therapy Education  and  recognized  by  the
United States Department of Education.

Approved July 8, 1997