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