2005 Connecticut Code - Sec. 19a-17. (Formerly Sec. 19-4s). Disciplinary action by department, boards and commissions.

      Sec. 19a-17. (Formerly Sec. 19-4s). Disciplinary action by department, boards and commissions. (a) Each board or commission established under chapters 369 to 376, inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the Department of Public Health with respect to professions under its jurisdiction which have no board or commission may take any of the following actions, singly or in combination, based on conduct which occurred prior or subsequent to the issuance of a permit or a license upon finding the existence of good cause:

      (1) Revoke a practitioner's license or permit;

      (2) Suspend a practitioner's license or permit;

      (3) Censure a practitioner or permittee;

      (4) Issue a letter of reprimand to a practitioner or permittee;

      (5) Place a practitioner or permittee on probationary status and require the practitioner or permittee to:

      (A) Report regularly to such board, commission or department upon the matters which are the basis of probation;

      (B) Limit practice to those areas prescribed by such board, commission or department;

      (C) Continue or renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis for the probation;

      (6) Assess a civil penalty of up to ten thousand dollars; or

      (7) Summarily take any action specified in this subsection against a practitioner's license or permit upon receipt of proof that such practitioner has been:

      (A) Found guilty or convicted as a result of an act which constitutes a felony under (i) the laws of this state, (ii) federal law or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state; or

      (B) Subject to disciplinary action similar to that specified in this subsection by a duly authorized professional agency of any state, the District of Columbia, a United States possession or territory or a foreign jurisdiction. The applicable board or commission, or the department shall promptly notify the practitioner or permittee that his license or permit has been summarily acted upon pursuant to this subsection and shall institute formal proceedings for revocation within ninety days after such notification.

      (b) Such board or commission or the department may withdraw the probation if it finds that the circumstances which required action have been remedied.

      (c) Such board or commission or the department where appropriate may summarily suspend a practitioner's license or permit in advance of a final adjudication or during the appeals process if such board or commission or the department finds that a practitioner or permittee represents a clear and immediate danger to the public health and safety if he is allowed to continue to practice.

      (d) Such board or commission or the department may reinstate a license which has been suspended or revoked if, after a hearing, such board or commission or the department is satisfied that the practitioner or permittee is able to practice with reasonable skill and safety to patients, customers or the public in general. As a condition of reinstatement, the board or commission or the department may impose disciplinary or corrective measures authorized under this section.

      (e) As used in this section, the term "license" shall be deemed to include the following authorizations relative to the practice of any profession listed in subsection (a) of this section: (1) Licensure by the Department of Public Health; (2) certification by the Department of Public Health; and (3) certification by a national certification body.

      (f) As used in this chapter, the term "permit" includes any authorization issued by the department to allow the practice, limited or otherwise, of a profession which would otherwise require a license; and the term "permittee" means any person who practices pursuant to a permit.

      (P.A. 80-484, S. 137, 176; P.A. 81-473, S. 12, 43; P.A. 82-179; P.A. 83-261; P.A. 86-365, S. 2, 5; P.A. 93-381, S. 9, 39; P.A. 94-174, S. 1, 12; P.A. 95-257, S. 12, 21, 58.)

      History: P.A. 81-473 added a reference to safety of "customers or the public in general"; P.A. 82-179 allowed boards or commissions under the jurisdiction of the department of health services, and the department of health services with respect to professions under its jurisdiction which have no board or commission, to assess civil penalties of up to one thousand dollars; Sec. 19-4s transferred to Sec. 19a-17 in 1983; P.A. 83-261 amended Subsec. (a) to authorize summary revocation of a practitioner's license for conviction of a felony or of improper professional practice in another state and added Subsec. (e) to include certain certifications in the definition of a license; P.A. 86-365 (1) provided for disciplinary action "based on conduct which occurred prior or subsequent to the issuance of a permit or a license" (2) added references to "permits" and "permittees", and (3) changed wording of Subdiv. (7) in Subsec. (a) and added Subsec. (f) defining "permit" and "permittee"; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-174 amended Subsec. (a)(6) to increase civil penalty from one thousand to ten thousand dollars, effective June 6, 1994; 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.

      Cited. 207 C. 674, 677. Cited. 208 C. 492, 493, 497-500, 502, 503. Cited. 211 C. 508, 514. Cited. 242 C. 1.

      Cited. 6 CA 473, 475. Cited. 37 CA 694, 695. It is neither arbitrary nor irrational for legislature to permit board to take disciplinary action against practitioners whom it finds to have acted negligently or unskillfully, and such action does not violate substantive due process. 60 CA 775.

      Cited. 41 CS 211, 215.

      Subsec. (a):

      Subdiv. (1) cited. 208 C. 492, 498.

      Subdiv. (6) cited. 15 CA 205-207, 210, 211 et seq.

      Subdiv. (4) cited. 41 CS 211, 215.

      Subsec. (c):

      Cited. 223 C. 618, 620.

      Cited. 24 CA 662-664; judgment reversed, see 223 C. 618 et seq. Cited. 34 CA 343, 345.

      Subsec. (e):

      Cited. 242 C. 1.