Section 19a-17 - [Effective Until 7/1/2024] (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 that have no board or commission may take any of the following actions, singly or in combination, based on conduct that 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) Restrict or otherwise limit practice to those areas prescribed by the board, commission or department;(6) 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; and(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;(7) Assess a civil penalty of up to twenty-five thousand dollars;(8) In those cases involving persons or entities licensed or certified pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 , and 20-476, require that restitution be made to an injured property owner; or(9) 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, except for a practitioner who is a social worker under chapter 383b, an art therapist under chapter 383g, a dietitian-nutritionist under chapter 384b, an embalmer or funeral director under chapter 385, a barber under chapter 386, a hairdresser, cosmetician, esthetician, eyelash technician or nail technician under chapter 387; or(B) Subject to disciplinary action similar to that specified in this subsection by a duly authorized professional agency of any state, the federal government, 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 that 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) In addition to the authority provided to the Department of Public Health in subsection (a) of this section, the department may resolve any disciplinary action with respect to a practitioner's license or permit in any profession by voluntary surrender or agreement not to renew or reinstate.(e) Such board or commission or the department may reinstate a license that 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.(f) Such board or commission or the department may take disciplinary action against a practitioner's license or permit as a result of the practitioner having been subject to disciplinary action similar to an action specified in subsection (a) or (d) of this section by a duly authorized professional disciplinary agency of any state, the federal government, the District of Columbia, a United States possession or territory or a foreign jurisdiction. Such board or commission or the department may rely upon the findings and conclusions made by a duly authorized professional disciplinary agency of any state, the federal government, the District of Columbia, a United States possession or territory or foreign jurisdiction in taking such disciplinary action.(g) 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.(h) 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.Conn. Gen. Stat. § 19a-17
(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 ; P.A. 07-252 , S. 5 , 39 ; P.A. 08-137 , S. 3 ; P.A. 11-242 , S. 1 ; P.A. 15-242 , S. 16 ; P.A. 17-10 , S. 1 ; 17-146 , S. 7 .)
Amended by P.A. 22-0088, S. 2 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.Amended by P.A. 19-0118, S. 7 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.Amended by P.A. 17-0146, S. 7 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.Amended by P.A. 17-0010, S. 1 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.Amended by P.A. 15-0242, S. 16 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.Amended by P.A. 11-0242, S. 1 of the the 2011 Regular Session, eff. 7/1/2011.This section is set out more than once due to postponed, multiple, or conflicting amendments. Cited. 207 Conn. 674 ; 208 Conn. 492 ; 211 Conn. 508 ; 223 Conn. 618 ; 242 C. 1. Standard of proof in cases involving physician discipline before the Connecticut Medical Examining Board is by a preponderance of the evidence. 309 C. 727. Cited. 6 CA 473 ; 15 CA 205 ; 24 CA 662 ; judgment reversed, see 223 Conn. 618 ; 34 CA 343 ; 37 Conn.App. 694 . 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 . Physician disciplinary proceedings, unlike attorney discipline proceedings, are governed by the Uniform Administrative Procedure Act in Ch. 54, and the preponderance of the evidence standard is the appropriate standard of proof in Ch. 54 proceedings. 129 CA 575 . Cited. 41 CS 211 .