Sec. 19a-14. Powers of department concerning regulated professions. Flashcards
What are powers of the department concerning regulated professions?
(6) Determine the eligibility of all applicants for permits, licensure, certification or registration, based upon compliance with the general statutes and administrative regulations.
(7) Administer licensing examinations under the supervision of the appropriate board or commission
(8) Develop and perform all administrative functions necessary to process complaints against persons licensed by the department;
(9) Consent to the approval or disapproval by the appropriate boards or commissions of schools at which educational requirements shall be met;
(10) Conduct any necessary review, inspection or investigation regarding qualifications of applicants for licenses or certificates, possible violations of statutes or regulations, and disciplinary matters.
(11) Conduct any necessary investigation and follow-up in connection with complaints regarding persons subject to regulation or licensing by the department;
(12) Perform any other function necessary to the effective operation of a board or commission and not specifically vested by statute in the board or commission;
(13) Contract with a third party, if the commissioner deems necessary, to administer licensing examinations and perform all attendant administrative functions in connection with such examination.
In connection with any investigation, the Commissioner of Public Health or said commissioner’s authorized agent may…(has what powers?)
administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents.
If any person refuses to appear, to testify or to produce any book, record or document when so ordered (by Commissioner of Public Health in connection with any investigation, what happens?)
a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section (Sec. 19a-14.)
The department may deny the eligibility of an applicant for a permit or for licensure by examination, endorsement, reciprocity or for reinstatement of a license voided pursuant to subsection (f) of section 19a-88, or may issue a license pursuant to a consent order containing conditions that must be met by the applicant if the department determines that the applicant (when may DPH deny license?)
(A) (Failed to comply) Has failed to comply with the general statutes and administrative regulations governing his profession;
(B) (Felony) Has been 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;
(C) (Pending disciplinary action) Is subject to a pending disciplinary action or unresolved complaint before the duly authorized professional disciplinary agency of any state, the District of Columbia, a United States possession or territory, or a foreign jurisdiction;
(D) (Subject to disciplinary action somewhere else) Has been subject to disciplinary action similar to an action specified in subsection (a) of section 19a- 17 by a duly authorized professional disciplinary agency of any state, the District of Columbia, a United States possession or territory, or a foreign jurisdiction;
(E) (Not conforming to accepted professional standards) Has committed an act which, if the applicant were licensed, would not conform to the accepted standards of practice of the profession or
(F) (Interfering illness, physical or psychological) Has a condition which would interfere with the practice of his profession, including, but not limited to, physical illness or loss of skill or deterioration due to the aging process, emotional disorder or mental illness, abuse or excessive use of drugs or alcohol
(What are violations of the) Standards of practice of the profession including but not limited to
incompetence, negligence, fraud or deceit;
illegal conduct;
procuring or attempting to procure a license, certificate or registration by fraud or deceit;
or engaging in, aiding or abetting unlicensed practice of a regulated profession,
If an applicant is denied license for failure to conform to standards of the profession (as if they were license) or an interfering physical or psychological illness, the commissioner, or his designee (must)
gives notice and holds a hearing, in accordance with the provisions of chapter 54, prior to denying an application for a permit or a license based on this subparagraph;
DPH shall have the powers and duties indicated in subsection (a) of Sec. 19a-14. with regard to the following professional boards and commissions:
… (5) The Board of Examiners of Psychologists, established under section 20- 186….
(d) Except as provided in section 20-13e, all records obtained by the department in connection with any investigation of a person or facility over which the department has jurisdiction under this chapter (other than a physician as defined in subdivision (5) of section 20-13a) shall not be subject to the provisions of section 1-210 for a period of…
one year from the date of the petition or other event initiating such investigation, or until such time as the investigation is terminated pursuant to a withdrawal or other informal disposition or until a hearing is convened pursuant to chapter 54, whichever is earlier.
A complaint, as defined in subdivision (6) of section 19a-13, shall be subject to the provisions of section 1- 210 from the time…and records which are otherwise public…
that it is served or mailed to the respondent.
Records which are otherwise public records shall not be deemed confidential merely because they have been obtained in connection with an investigation under this chapter.
