Bill Text: CT HB05514 | 2012 | General Assembly | Introduced
Bill Title: An Act Concerning Various Revisions To The Public Health Statutes.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-06-15 - Signed by the Governor [HB05514 Detail]
Download: Connecticut-2012-HB05514-Introduced.html
General Assembly |
Raised Bill No. 5514 | |||
February Session, 2012 |
LCO No. 2321 | |||
*02321_______PH_* |
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Referred to Committee on Public Health |
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Introduced by: |
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(PH) |
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AN ACT CONCERNING VARIOUS REVISIONS TO THE PUBLIC HEALTH STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (10) of section 7-36 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(10) "Amendment" means to (A) change or enter new information on a certificate of birth, marriage, death or fetal death, more than one year after the date of the vital event recorded in such certificate, in order to accurately reflect the facts existing at the time of the recording of the event, (B) create a replacement certificate of birth for matters pertaining to parentage and gender change, or (C) [change a certificate of birth, marriage, death or fetal death to reflect facts that have changed since the time the certificate was prepared, including, but not limited to, a legal name change or a modification to a cause of death] create a replacement certificate of death to modify the cause or manner of death;
Sec. 2. Subsection (a) of section 7-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) Each case of fetal death shall be registered and a fetal death certificate shall be filed with the registrar of vital statistics in the manner required by sections 7-48, [7-50,] 7-51 and 7-52 with respect to the filing, content and issuance of birth certificates. A fetus born after a period of gestation of not less than twenty weeks in which there is no attempt at respiration, no action of heart and no movement of voluntary muscle, shall be recorded as a fetal death. A fetal death certificate shall be signed by a physician or, when no physician was in attendance, by the nurse-midwife in attendance at the birth, the Chief Medical Examiner, Deputy Chief Medical Examiner, an associate medical examiner or an authorized assistant medical examiner.
Sec. 3. Section 46b-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
No license may be issued by the registrar until both persons have appeared before the registrar and made application for a license. The registrar shall issue a license to any two persons eligible to marry under this chapter. The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, race, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. The Social Security numbers of both persons shall be recorded in the "administrative purposes" section of the license. If the license is signed and sworn to by the applicants on different dates, the [earlier] later date shall be deemed the date of application.
Sec. 4. Section 46b-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) No license may be issued to any applicant under sixteen years of age, unless the judge of probate for the district in which the minor resides endorses his written consent on the license.
(b) No license may be issued to any applicant under eighteen years of age, unless the written consent of a custodial parent or guardian of the person of such minor, signed and acknowledged before a person authorized to take acknowledgments of conveyances under the provisions of section 47-5a, or authorized to take acknowledgments in any other state or country, is filed with the registrar. If [no parent or guardian of the person of such minor is a resident of the United States] the minor does not have a custodial parent or guardian, the written consent of the judge of probate for the district in which the minor resides, endorsed on the license, shall be sufficient.
Sec. 5. Subsection (b) of section 19a-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(b) The Department of Public Health shall maintain and operate the Connecticut Tumor Registry. Said registry shall include a report of every occurrence of a reportable tumor that is diagnosed or treated in the state. Such reports shall be made to the department by any hospital, clinical laboratory and health care provider in the state. Such reports shall include, but not be limited to, pathology reports and information obtained from records of any person licensed as a health care provider and may include a collection of actual tissue samples and such information as the department may prescribe. Follow-up data, demographic, diagnostic, treatment and other medical information shall also be included in the report in a form and manner as the department may prescribe. The Commissioner of Public Health shall promulgate a list of required data items, which may be amended from time to time. Such reports shall include every occurrence of a reportable tumor that is diagnosed or treated during a calendar year. [On or before July 1, 2010, and annually thereafter, such] Such reports shall be submitted to the department annually on or before July first in such manner as the department may prescribe.
Sec. 6. Section 19a-255 of the general statutes is amended by adding subsection (d) as follows (Effective October 1, 2012):
(NEW) (d) The Commissioner of Public Health may enter into a reciprocal agreement with another state for the interstate transportation of a person afflicted with tuberculosis and for the medical treatment of such person.
Sec. 7. Section 19a-4l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
There is established, within the Department of Public Health, an Office of Oral Public Health. The director of the Office of Oral Public Health shall be a dental health professional with [a graduate degree] experience in public health and [hold a license] licensed to practice under chapter 379 or 379a and shall:
(1) Coordinate and direct state activities with respect to state and national dental public health programs;
(2) Serve as the department's chief advisor on matters involving oral health; and
(3) Plan, implement and evaluate all oral health programs within the department.
Sec. 8. Subdivision (4) of subsection (a) of section 52-146k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(4) "Rape crisis center" means any office, institution or center offering assistance to victims of sexual assault and their families through crisis intervention, medical and legal advocacy and follow-up counseling. [and which meets the Department of Public Health criteria of service provision for such centers.]
Sec. 9. Subsection (f) of section 19a-37 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(f) The local director of health may require a private residential well to be tested for [radionuclides] arsenic, radium, uranium, radon or gross alpha emitters, when there are reasonable grounds to suspect that such contaminants are present in the groundwater. For purposes of this subsection, "reasonable grounds" means (1) the existence of a geological area known to have naturally occurring [radionuclide] arsenic, radium, uranium, radon or gross alpha emitter deposits in the bedrock; or (2) the well is located in an area in which it is known that [radionuclides] arsenic, radium, uranium, radon or gross alpha emitters are present in the groundwater.
Sec. 10. Section 20-341a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
As used in this chapter:
(1) "Subsurface sewage disposal system installer" means any person [regularly] offering to the general public services of construction, installation, repairing, cleaning or servicing subsurface sewage disposal systems and licensed pursuant to section 20-341e;
(2) "Subsurface sewage disposal system cleaner" means any person [regularly] offering to the general public services of cleaning or servicing subsurface sewage disposal systems and licensed pursuant to section 20-341e;
(3) "Subsurface sewage disposal system" means a septic tank followed by leaching pits, trenches, beds or galleries.
Sec. 11. Section 20-341l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
Any person who engages in or practices the work or occupation of subsurface sewage disposal system installer or subsurface sewage disposal system cleaner without having first obtained a license for such work, or who wilfully employs a person who does not have a license for such work, or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or who violates any other provision of this chapter, unless the penalty is otherwise specifically prescribed, shall be fined not more than [one hundred] ten thousand dollars for each such violation.
Sec. 12. Subdivision (7) of subsection (a) of section 19a-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(7) Any person who violates any provision of the Public Health Code shall be fined not more than [one hundred dollars or imprisoned not more than three months, or both] ten thousand dollars.
Sec. 13. Subsection (e) of section 20-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(e) Any physician [licensed] or surgeon who holds a license in good standing in another state who is board-certified in pediatrics or family medicine, or whose state standards for licensure are equivalent to or greater than those required in this state, may practice as a youth camp physician in this state without a license for a period not to exceed nine weeks.
Sec. 14. Section 7-36 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
As used in this chapter and sections 19a-40 to 19a-45, inclusive, unless the context otherwise requires:
(1) "Registrar of vital statistics" or "registrar" means the registrar of births, marriages, deaths and fetal deaths or any public official charged with the care of returns relating to vital statistics;
(2) "Registration" means the process by which vital records are completed, filed and incorporated into the official records of the department;
(3) "Institution" means any public or private facility that provides inpatient medical, surgical or diagnostic care or treatment, or nursing, custodial or domiciliary care, or to which persons are committed by law;
(4) "Vital records" means a certificate of birth, death, fetal death or marriage;
(5) "Certified copy" means a copy of a birth, death, fetal death or marriage certificate that (A) includes all information on the certificate except such information that is nondisclosable by law, (B) is issued or transmitted by any registrar of vital statistics, (C) includes an attested signature and the raised seal of an authorized person, and (D) if submitted to the department, includes all information required by the commissioner;
(6) "Uncertified copy" means a copy of a birth, death, fetal death or marriage certificate that includes all information contained in a certified copy except an original attested signature and a raised seal of an authorized person;
(7) "Authenticate" or "authenticated" means to affix to a vital record in paper format the official seal, or to affix to a vital record in electronic format the user identification, password, or other means of electronic identification, as approved by the department, of the creator of the vital record, or the creator's designee, by which affixing the creator of such paper or electronic vital record, or the creator's designee, affirms the integrity of such vital record;
(8) "Attest" means to verify a vital record in accordance with the provisions of subdivision (5) of this section;
(9) "Correction" means to change or enter new information on a certificate of birth, marriage, death or fetal death, within one year of the date of the vital event recorded in such certificate, in order to accurately reflect the facts existing at the time of the recording of such vital event, where such changes or entries are to correct errors on such certificate due to inaccurate or incomplete information provided by the informant at the time the certificate was prepared, or to correct transcribing, typographical or clerical errors;
(10) "Amendment" means to (A) change or enter new information on a certificate of birth, marriage, death or fetal death, more than one year after the date of the vital event recorded in such certificate, in order to accurately reflect the facts existing at the time of the recording of the event, (B) create a replacement certificate of birth for matters pertaining to parentage and gender change, or (C) change a certificate of birth, marriage, death or fetal death to reflect facts that have changed since the time the certificate was prepared, including, but not limited to, a legal name change or a modification to a cause of death;
(11) "Acknowledgment of paternity" means to legally acknowledge paternity of a child pursuant to section 46b-172;
(12) "Adjudication of paternity" means to legally establish paternity through an order of a court of competent jurisdiction;
(13) "Parentage" includes matters relating to adoption, gestational agreements, paternity and maternity;
(14) "Department" means the Department of Public Health;
(15) "Commissioner" means the Commissioner of Public Health or the commissioner's designee;
(16) "Gestational agreement" means a written agreement for assisted reproduction in which a woman agrees to carry a child to birth for an intended parent or intended parents, which woman contributed no genetic material to the child and which agreement (A) names each party to the agreement and indicates each party's respective obligations under the agreement, (B) is signed by each party to the agreement and the spouse of each such party, if any, and (C) is witnessed by at least two disinterested adults and acknowledged in the manner prescribed by law;
(17) "Intended parent" means a party to a gestational agreement who agrees, under the gestational agreement, to be the parent of a child born to a woman by means of assisted reproduction, regardless of whether the party has a genetic relationship to the child; [and]
(18) "Foundling" means (A) a child of unknown parentage, or (B) an infant voluntarily surrendered pursuant to the provisions of section 17a-58; and
(19) "Certified homeless youth" means a person under eighteen years of age who is a homeless child or youth, as defined in 42 USC 11434a, as amended from time to time, and who has been certified as homeless by (A) a school district homeless liaison, (B) the director of an emergency shelter program funded by the United States Department of Housing and Urban Development, or the director's designee, or (C) the director of a runaway or homeless youth basic center or transitional living program funded by the United States Department of Health and Human Services, or the director's designee.
Sec. 15. Subsection (a) of section 7-51 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) The department and registrars of vital statistics shall restrict access to and issuance of a certified copy of birth and fetal death records and certificates less than one hundred years old, to the following eligible parties: (1) The person whose birth is recorded, if over eighteen years of age or if a certified homeless youth or a minor emancipated pursuant to section 46b-150b; (2) such person's children, grandchildren, spouse, parent, guardian or grandparent; (3) the chief executive officer of the municipality where the birth or fetal death occurred, or the chief executive officer's authorized agent; (4) the local director of health for the town or city where the birth or fetal death occurred or where the mother was a resident at the time of the birth or fetal death, or the director's authorized agent; (5) attorneys-at-law representing such person or such person's parent, guardian, child or surviving spouse; (6) a conservator of the person appointed for such person; (7) members of genealogical societies incorporated or authorized by the Secretary of the State to do business or conduct affairs in this state; (8) agents of a state or federal agency as approved by the department; and (9) researchers approved by the department pursuant to section 19a-25. Except as provided in section 19a-42a, access to confidential files on paternity, adoption, gender change or gestational agreements, or information contained within such files, shall not be released to any party, including the eligible parties listed in this subsection, except upon an order of a court of competent jurisdiction.
Sec. 16. Section 46b-150d of the 2012 supplement to the general statutes, as amended by section 91 of public act 09-7 of the September special session and section 13 of public act 11-240, is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
An order that a minor is emancipated shall have the following effects: (1) The minor may consent to medical, dental or psychiatric care, without parental consent, knowledge or liability; (2) the minor may enter into a binding contract; (3) the minor may sue and be sued in such minor's own name; (4) the minor shall be entitled to such minor's own earnings and shall be free of control by such minor's parents or guardian; (5) the minor may establish such minor's own residence; (6) the minor may buy and sell real and personal property; (7) the minor may not thereafter be the subject of (A) a petition under section 46b-129 as an abused, neglected or uncared for child or youth, (B) a petition under section 46b-128 or 46b-133 as a delinquent child for any act committed before the date of the order, or (C) a petition under section 46b-149 alleging that the minor is a child from a family with service needs; (8) the minor may enroll in any school or college, without parental consent; (9) the minor shall be deemed to be over eighteen years of age for purposes of securing an operator's license under section 14-36 and a marriage license under subsection (b) of section 46b-30; (10) the minor shall be deemed to be over eighteen years of age for purposes of registering a motor vehicle under section 14-12; (11) the parents of the minor shall no longer be the guardians of the minor under section 45a-606; (12) the parents of a minor shall be relieved of any obligations respecting such minor's school attendance under section 10-184; (13) the parents shall be relieved of all obligation to support the minor; (14) the minor shall be emancipated for the purposes of parental liability for such minor's acts under section 52-572; (15) the minor may execute releases in such minor's own name under section 14-118; [and] (16) the minor may enlist in the armed forces of the United States without parental consent; and (17) the minor may access or obtain a birth certificate under section 7-51, as amended by this act.
Sec. 17. Subsection (a) of section 17b-338 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) There is established a Long-Term Care Advisory Council which shall consist of the following: (1) The executive director of the Commission on Aging, or the executive director's designee; (2) the State Nursing Home Ombudsman, or the ombudsman's designee; (3) the president of the Coalition of Presidents of Resident Councils, or the president's designee; (4) the executive director of the Legal Assistance Resource Center of Connecticut, or the executive director's designee; (5) the state president of AARP, or the president's designee; (6) one representative of a bargaining unit for health care employees, appointed by the president of the bargaining unit; (7) the president of [the Connecticut Association of Not-For-Profit Providers for the Aging] LeadingAge Connecticut, Inc., or the president's designee; (8) the president of the Connecticut Association of Health Care Facilities, or the president's designee; (9) the president of the Connecticut Association of Residential Care Homes, or the president's designee; (10) the president of the Connecticut Hospital Association or the president's designee; (11) the executive director of the Connecticut Assisted Living Association or the executive director's designee; (12) the executive director of the Connecticut Association for Homecare or the executive director's designee; (13) the president of Connecticut Community Care, Inc. or the president's designee; (14) one member of the Connecticut Association of Area Agencies on Aging appointed by the agency; (15) the president of the Connecticut chapter of the Connecticut Alzheimer's Association; (16) one member of the Connecticut Association of Adult Day Centers appointed by the association; (17) the president of the Connecticut Chapter of the American College of Health Care Administrators, or the president's designee; (18) the president of the Connecticut Council for Persons with Disabilities, or the president's designee; (19) the president of the Connecticut Association of Community Action Agencies, or the president's designee; (20) a personal care attendant appointed by the speaker of the House of Representatives; (21) the president of the Family Support Council, or the president's designee; (22) a person who, in a home setting, cares for a person with a disability and is appointed by the president pro tempore of the Senate; (23) three persons with a disability appointed one each by the majority leader of the House of Representatives, the majority leader of the Senate and the minority leader of the House of Representatives; (24) a legislator who is a member of the Long-Term Care Planning Committee; and (25) one member who is a nonunion home health aide appointed by the minority leader of the Senate.
Sec. 18. Subsection (a) of section 17b-339 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) There is established a Nursing Home Financial Advisory Committee to examine the financial solvency of nursing homes on an ongoing basis and to support the Departments of Social Services and Public Health in their mission to provide oversight to the nursing home industry on issues concerning the financial solvency of and quality of care provided by nursing homes. The committee shall consist of the Commissioner of Social Services, or his designee; the Commissioner of Public Health, or his designee; the Secretary of the Office of Policy and Management, or his designee; the executive director of the Connecticut Health and Education Facilities Authority, or his designee; the [executive director of the Connecticut Association of Not-for-Profit Providers for the Aging] president of LeadingAge Connecticut, Inc., or the executive director's designee; and the executive director of the Connecticut Association of Health Care Facilities, or the executive director's designee. The Commissioner of Social Services or his designee and the Commissioner of Public Health or his designee shall be the chairpersons of the committee.
Sec. 19. Subsection (d) of section 19a-127l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(d) The advisory committee shall consist of (1) four members who represent and shall be appointed by the Connecticut Hospital Association, including three members who represent three separate hospitals that are not affiliated of which one such hospital is an academic medical center; (2) one member who represents and shall be appointed by the Connecticut Nursing Association; (3) two members who represent and shall be appointed by the Connecticut Medical Society, including one member who is an active medical care provider; (4) two members who represent and shall be appointed by the Connecticut Business and Industry Association, including one member who represents a large business and one member who represents a small business; (5) one member who represents and shall be appointed by the Home Health Care Association; (6) one member who represents and shall be appointed by the Connecticut Association of Health Care Facilities; (7) one member who represents and shall be appointed by [the Connecticut Association of Not-For-Profit Providers for the Aging] LeadingAge Connecticut, Inc.; (8) two members who represent and shall be appointed by the AFL-CIO; (9) one member who represents consumers of health care services and who shall be appointed by the Commissioner of Public Health; (10) one member who represents a school of public health and who shall be appointed by the Commissioner of Public Health; (11) the Commissioner of Public Health or said commissioner's designee; (12) the Commissioner of Social Services or said commissioner's designee; (13) the Secretary of the Office of Policy and Management or said secretary's designee; (14) two members who represent licensed health plans and shall be appointed by the Connecticut Association of Health Care Plans; (15) one member who represents and shall be appointed by the federally designated state peer review organization; and (16) one member who represents and shall be appointed by the Connecticut Pharmaceutical Association. The chairperson of the advisory committee shall be the Commissioner of Public Health or said commissioner's designee. The chairperson of the committee, with a vote of the majority of the members present, may appoint ex-officio nonvoting members in specialties not represented among voting members. Vacancies shall be filled by the person who makes the appointment under this subsection.
Sec. 20. Subsection (b) of section 19a-515 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(b) Each licensee shall complete a minimum of forty hours of continuing education every two years. Such two-year period shall commence on the first date of renewal of the licensee's license after January 1, 2004. The continuing education shall be in areas related to the licensee's practice. Qualifying continuing education activities are courses offered or approved by the Connecticut Association of Healthcare Facilities, [the Connecticut Association of Not-For-Profit Providers for the Aging] LeadingAge Connecticut, Inc., the Connecticut Assisted Living Association, the Connecticut Alliance for Subacute Care, Inc., the Connecticut Chapter of the American College of Health Care Administrators, the Association For Long Term Care Financial Managers or any accredited college or university, or programs presented or approved by the National Continuing Education Review Service of the National Association of Boards of Examiners of Long Term Care Administrators, or by federal or state departments or agencies.
Sec. 21. Subsection (a) of section 20-206b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) No person shall engage in the practice of massage therapy unless the person has obtained a license from the department pursuant to this section. Each person seeking licensure as a massage therapist shall make application on forms prescribed by the department, pay an application fee of three hundred seventy-five dollars and present to the department satisfactory evidence that the applicant: (1) Has graduated from a school of massage therapy offering a course of study of not less than five hundred classroom hours, with the instructor present, [and] that, at the time of the applicant's graduation, was either (A) accredited by an agency recognized by the United States Department of Education or by a state board of postsecondary technical trade and business schools, or (B) accredited by the Commission on Massage Therapy Accreditation and has a current school code assigned by the National Certification Board for Therapeutic Massage and Bodywork, and (2) has passed the National Certification Examination for Therapeutic Massage and Bodywork. Passing scores on the examination shall be prescribed by the department. The National Certification Board for Therapeutic Massage and Bodywork's national examination for state licensing option shall not satisfy the examination requirements for a person seeking licensure pursuant to this section.
Sec. 22. (NEW) (Effective October 1, 2012) (a) Not later than January 1, 2013, the athletic department of each institution of higher education shall develop and implement a policy consistent with this section concerning the availability and use of automatic external defibrillators during intercollegiate sport practice, training and competition.
(b) Each athletic department of an institution of higher education shall (1) (A) provide and maintain in a central location on the premises of the athletic department at least one automatic external defibrillator, as defined in section 19a-175 of the general statutes, and (B) make such central location known and accessible to employees and student-athletes of such institution of higher education during all hours of intercollegiate sport practice, training and competition, (2) ensure that at least one licensed athletic trainer or other person who is trained in cardiopulmonary resuscitation and the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association is on the premises used by such athletic department during all hours of intercollegiate sport practice, training and competition, (3) maintain and test the automatic external defibrillator in accordance with the manufacturer's guidelines, and (4) promptly notify a local emergency medical services provider after each use of such automatic external defibrillator. As used in this section, "the premises used by the athletic department" means those premises that are used for intercollegiate sport practice, training or competition and may include, but need not be limited to, an athletic building or room, gymnasium, athletic field or stadium; and "intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.
Sec. 23. Section 21a-223 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) Each individual place of business of each health club shall obtain a license from the Department of Consumer Protection prior to the sale of any health club contract. Application for such license shall be made on forms provided by the Commissioner of Consumer Protection and said commissioner shall require as a condition to the issuance and renewal of any license obtained under this chapter (1) that the applicant provide for and maintain on the premises of the health club sanitary facilities; (2) that the applicant (A) (i) provide and maintain in a readily accessible location on the premises of the health club at least one automatic external defibrillator, as defined in section 19a-175, and (ii) make such location known and accessible to employees and members of such health club during all hours of operation, (B) ensure that at least one employee who is trained in cardiopulmonary resuscitation and the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association is on the premises of such health club during staffed business hours, (C) maintain and test the automatic external defibrillator in accordance with the manufacturer's guidelines, and (D) promptly notify a local emergency medical services provider after each use of such automatic external defibrillator; (3) that the application be accompanied by (A) a license or renewal fee of two hundred fifty dollars, (B) a list of the equipment and each service which the applicant intends to have available for use by buyers during the year of operations following licensure or renewal, and (C) two copies of each health club contract [which] that the applicant is currently using or intends to use; and [(3)] (4) compliance with the requirements of section 21a-226. Such licenses shall be renewed annually. The commissioner may impose a civil penalty of not more than three hundred dollars against any health club that continues to sell or offer for sale health club contracts for any location but fails to submit a license renewal and license renewal fee for such location not later than thirty days after such license's expiration date.
(b) No health club shall (1) engage in any act or practice [which] that is in violation of or contrary to the provisions of this chapter or any regulation adopted to carry out the provisions of this chapter, including the use of contracts [which] that do not conform to the requirements of this chapter, or (2) engage in conduct of a character likely to mislead, deceive or defraud the buyer, the public or the commissioner. The Commissioner of Consumer Protection may refuse to grant or renew a license to, or may suspend or revoke the license of, any health club which engages in any conduct prohibited by this chapter.
(c) If the commissioner refuses to grant or renew a license of any health club, the commissioner shall notify the applicant or licensee of the refusal, and of [his] the applicant's or licensee's right to request a hearing [within] not later than ten days [from] after the date of receipt of the notice of refusal. If the applicant or licensee requests a hearing within [ten days] such ten-day period, the commissioner shall give notice of the grounds for [his] the commissioner's refusal to grant or renew such license and shall conduct a hearing concerning such refusal in accordance with the provisions of chapter 54 concerning contested matters.
(d) The Attorney General at the request of the Commissioner of Consumer Protection, [is authorized to] may apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining any health club from operating in violation of any provision of this chapter.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2012 |
7-36(10) |
Sec. 2 |
October 1, 2012 |
7-60(a) |
Sec. 3 |
October 1, 2012 |
46b-25 |
Sec. 4 |
October 1, 2012 |
46b-30 |
Sec. 5 |
October 1, 2012 |
19a-72(b) |
Sec. 6 |
October 1, 2012 |
19a-255 |
Sec. 7 |
October 1, 2012 |
19a-4l |
Sec. 8 |
October 1, 2012 |
52-146k(a)(4) |
Sec. 9 |
October 1, 2012 |
19a-37(f) |
Sec. 10 |
October 1, 2012 |
20-341a |
Sec. 11 |
October 1, 2012 |
20-341l |
Sec. 12 |
October 1, 2012 |
19a-36(a)(7) |
Sec. 13 |
October 1, 2012 |
20-12(e) |
Sec. 14 |
October 1, 2012 |
7-36 |
Sec. 15 |
October 1, 2012 |
7-51(a) |
Sec. 16 |
July 1, 2012 |
46b-150d |
Sec. 17 |
October 1, 2012 |
17b-338(a) |
Sec. 18 |
October 1, 2012 |
17b-339(a) |
Sec. 19 |
October 1, 2012 |
19a-127l(d) |
Sec. 20 |
October 1, 2012 |
19a-515(b) |
Sec. 21 |
October 1, 2012 |
20-206b(a) |
Sec. 22 |
October 1, 2012 |
New section |
Sec. 23 |
October 1, 2012 |
21a-223 |
Statement of Purpose:
To make various changes to the public health statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]