Bill Text: CT HB05327 | 2014 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Provision Of Services By Classical Homeopaths.
Spectrum: Moderate Partisan Bill (Democrat 12-1-1)
Status: (Introduced - Dead) 2014-04-10 - File Number 495 [HB05327 Detail]
Download: Connecticut-2014-HB05327-Comm_Sub.html
General Assembly |
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February Session, 2014 |
*_____HB05327PH____032514____* |
AN ACT CONCERNING THE PROVISION OF SERVICES BY CLASSICAL HOMEOPATHS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2014) (a) For purposes of this section:
(1) "Homeopathy" means advice and services: (A) Based on a system that involves administration of minute doses of substances that in massive amounts produce symptoms in healthy persons similar to those of the disease; and (B) that are not prohibited under subsection (b) of this section;
(2) "Classical homeopath" means a person who provides homeopathy and is certified by the Council for Homeopathic Certification; and
(3) "Client" means the recipient or potential recipient of homeopathy from a classical homeopath.
(b) (1) A classical homeopath who is not otherwise licensed or certified by the Department of Public Health to provide health care services may provide homeopathy, provided a classical homeopath shall not: (A) Conduct surgery or any other procedure that punctures the skin or harmfully invades the body; (B) administer or order the taking of x-rays; (C) set a fracture; (D) prescribe or administer a legend drug, as defined in section 20-571 of the general statutes, or a controlled substance; (E) recommend the discontinuance of a legend drug or controlled substance that is prescribed by an appropriately licensed health care provider; or (F) hold out, state, indicate, advertise or imply to another person that he or she is a physician.
(2) A person who is licensed or certified by the department to provide health care services may provide homeopathy outside the scope of practice for which such person is licensed or certified, provided such person is certified by the Council for Homeopathic Certification.
(c) A classical homeopath who provides homeopathy in accordance with this section shall, prior to providing such services: (1) Provide written notification, using plain language, to each client or potential client, that includes (A) a statement that the classical homeopath is not a licensed physician, if applicable, (B) a statement that the services to be provided are not regulated by the state, if applicable, (C) a description of the nature of the services to be provided, (D) an explanation of the theory upon which the services to be provided are based, and (E) a description of the classical homeopath's education, training, experience and other qualifications relating to the services to be provided; and (2) obtain a written acknowledgment signed by the client stating that such recipient has received the information described in subdivision (1) of this subsection. The classical homeopath shall, prior to providing services, provide each client with a copy of the signed, written acknowledgment described in subdivision (2) of this subsection. The classical homeopath shall retain such acknowledgment for a period of not less than three years from the date on which the acknowledgment was signed.
(d) Any person who is not licensed pursuant to title 19a or 20 of the general statutes to provide health care services and who advertises homeopathy shall disclose in such advertisement that he or she is not a health care provider licensed by the state.
Sec. 2. Subsection (b) of section 20-9 of the 2014 supplement to the general statutes, as amended by section 138 of public act 13-234, is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(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 residing out of this state who holds a current license in good standing in another state and 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, provided such physician or surgeon may practice in this state without a Connecticut license for a period not to exceed thirty consecutive days;
(6) Any person rendering service as (A) an advanced practice registered nurse if such service is rendered in collaboration with a licensed physician, or (B) an advanced practice registered nurse maintaining classification from the American Association of Nurse Anesthetists if such service is 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, resident or medical officer candidate 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 paramedic, as defined in subdivision (15) of section 19a-175, acting within the scope of regulations adopted 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 1979 performing diagnostic radiology services and who, as of October 31, 1997, continued 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 practicing athletic training, as defined in section 20-65f;
(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 20-266o or 20-266p and any regulations adopted thereunder;
(20) Any person practicing perfusion, as defined in section 20-162aa; [or]
(21) Any foreign physician or surgeon (A) participating in supervised clinical training under the direct supervision and control of a physician or surgeon licensed in accordance with the provisions of this chapter, and (B) whose professional activities are confined to a licensed hospital that has a residency program accredited by the Accreditation Council for Graduate Medical Education or that is a primary affiliated teaching hospital of a medical school accredited by the Liaison Committee on Medical Education. Such hospital shall verify that the foreign physician or surgeon holds a current valid license in another country; [.] or
(22) Any person who is a classical homeopath providing homeopathy in accordance with section 1 of this act.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2014 |
New section |
Sec. 2 |
October 1, 2014 |
20-9(b) |
Statement of Legislative Commissioners:
In sections 1(c)(A) and (B), the phrase "if applicable," was inserted at the end of the phrase, for clarity.
PH |
Joint Favorable Subst. |