Connecticut 2017 Regular Session Status: Passed Senate

SB 826 — AN ACT MAKING CHANGES TO DEPARTMENT OF CONSUMER PROTECTION STATUTES AND BANNING CERTAIN AUTOMATED TICKET PURCHASING SOFTWARE.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
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    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

119 added · 15 removed

Plain-language change summary

The bill has been updated to reflect changes in the Department of Consumer Protection statutes. Notably, the definitions in Section 20-571 have been clarified and expanded to include terms such as "Administer," "Care-giving institution," and "Drug," providing greater specificity regarding their meanings. This matters because clearer definitions can help ensure more consistent enforcement and understanding of the regulations related to consumer protection. Additionally, Section 21a-11 now allows the Commissioner of Consumer Protection access to private premises and the authority to take samples for analysis in cases of suspected violations, which reinforces the commissioner’s ability to enforce compliance with consumer protection laws.

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AN ACT MAKING TECHNICAL CHANGES TO DEPARTMENT OF CONSUMER PROTECTION STATUTES.
AN ACT MAKING CHANGES TO DEPARTMENT OF CONSUMER PROTECTION STATUTES.
General Assembly   Raised Bill No.
General Assembly   Substitute Bill No.
826 January Session, 2017   LCO No.
826 January Session, 2017   *_____SB00826GL____030817____* AN ACT MAKING CHANGES TO DEPARTMENT OF CONSUMER PROTECTION STATUTES.
4026   *04026_______GL_* Referred to Committee on GENERAL LAW   Introduced by:
  (GL)   AN ACT MAKING TECHNICAL CHANGES TO DEPARTMENT OF CONSUMER PROTECTION STATUTES.
Section 20-312 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
Section 20-312 of the general statutes, as amended by section 103 of public act 16-97, is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(b) The practice of or the offer to practice real estate brokerage business in this state by individual licensed real estate brokers or real estate salespersons as a corporation, limited liability company or partnership, a material part of the business of which includes real estate brokerage, is permitted, provided (1) the personnel of such corporation, limited liability company or partnership who engage in the real estate brokerage business as real estate brokers or real estate salespersons, and the real estate brokers whose ownership, control, membership or partnership interest is credited toward the requirements of subdivision (3) of this subsection, are licensed or exempt from licensure under this chapter, (2) the corporation, limited liability company or partnership has been issued a real estate broker license by the commission or the commissioner as provided in this section and has paid the license or renewal fee required for a real estate broker's license as set forth in section 20-314, and (3) except for a publicly traded corporation (A) with respect to a corporation other than a nonstock corporation, one or more real estate brokers own or control fifty-one per cent or more of the total issued shares of the corporation, (B) with respect to a nonstock corporation, one or more real estate brokers constitute at least fifty-one per cent of the members of the nonstock corporation, (C) with respect to a limited liability company, one or more real estate brokers own or control at least fifty-one per cent of the interest in the limited liability company, as defined in section 34-101, or (D) with respect to a partnership, one or more real estate brokers' partnership interest, as defined in section 34-301, constitutes at least fifty-one per cent of the total partnership interest.
(b) The practice of or the offer to practice real estate brokerage business in this state by individual licensed real estate brokers or real estate salespersons as a corporation, limited liability company, [or] partnership or limited liability partnership, a material part of the business of which includes real estate brokerage, is permitted, provided (1) the personnel of such corporation, limited liability company, [or] partnership or limited liability partnership who engage in the real estate brokerage business as real estate brokers or real estate salespersons, and the real estate brokers whose ownership, control, membership or partnership interest is credited toward the requirements of subdivision (3) of this subsection, are licensed or exempt from licensure under this chapter, (2) the corporation, limited liability company, [or] partnership or limited liability partnership has been issued a real estate broker license by the commission as provided in this section and has paid the license or renewal fee required for a real estate broker's license as set forth in section 20-314, and (3) except for a publicly traded corporation (A) with respect to a corporation other than a nonstock corporation, one or more real estate brokers own or control fifty-one per cent or more of the total issued shares of the corporation, (B) with respect to a nonstock corporation, one or more real estate brokers constitute at least fifty-one per cent of the members of the nonstock corporation, (C) with respect to a limited liability company, one or more real estate brokers own or control at least fifty-one per cent of the interest in the limited liability company, as defined in section 34-243a, or (D) with respect to a partnership or limited liability partnership, one or more real estate brokers' partnership interest, as defined in section 34-301, constitutes at least fifty-one per cent of the total partnership interest.
No such corporation, limited liability company or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with this section, nor shall any individual practicing real estate brokerage be relieved of responsibility for real estate services performed by reason of the individual's employment or relationship with such corporation, limited liability company or partnership.
No such corporation, limited liability company, [or] partnership or limited liability partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with this section, nor shall any individual practicing real estate brokerage be relieved of responsibility for real estate services performed by reason of the individual's employment or relationship with such corporation, limited liability company, [or] partnership or limited liability partnership.
On and after July 1, 2017, subsection (b) of this section, as amended by section 103 of public act 16-97, is to read as follows:
(b) The practice of or the offer to practice real estate brokerage business in this state by individual licensed real estate brokers or real estate salespersons as a corporation, limited liability company, [or] partnership or limited liability partnership, a material part of the business of which includes real estate brokerage, is permitted, provided (1) the personnel of such corporation, limited liability company, [or] partnership or limited liability partnership who engage in the real estate brokerage business as real estate brokers or real estate salespersons, and the real estate brokers whose ownership, control, membership or partnership interest is credited toward the requirements of subdivision (3) of this subsection, are licensed or exempt from licensure under this chapter, (2) the corporation, limited liability company, [or] partnership or limited liability partnership has been issued a real estate broker license by the commission as provided in this section and has paid the license or renewal fee required for a real estate broker's license as set forth in section 20-314, and (3) except for a publicly traded corporation (A) with respect to a corporation other than a nonstock corporation, one or more real estate brokers own or control fifty-one per cent or more of the total issued shares of the corporation, (B) with respect to a nonstock corporation, one or more real estate brokers constitute at least fifty-one per cent of the members of the nonstock corporation, (C) with respect to a limited liability company, one or more real estate brokers own or control at least fifty-one per cent of the interest in the limited liability company, as defined in section 34-243a, or (D) with respect to a partnership or limited liability partnership, one or more real estate brokers' partnership interest, as defined in section 34-301, constitutes at least fifty-one per cent of the total partnership interest.
No such corporation, limited liability company, [or] partnership or limited liability partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with this section, nor shall any individual practicing real estate brokerage be relieved of responsibility for real estate services performed by reason of the individual's employment or relationship with such corporation, limited liability company, [or] partnership or limited liability partnership.
The Real Estate Commission may refuse to authorize the issuance or renewal of a license if any facts exist that would entitle the commission to suspend or revoke an existing license.
(B) A security interest, as defined in subdivision (35) of subsection (b) of section 42a-1-201.
and (B) A security interest, as defined in subdivision (35) of subsection (b) of section 42a-1-201.
Sec.
7.
Section 21a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) The Commissioner of Consumer Protection may, subject to the provisions of chapter 67, employ such agents and assistants as are necessary to enforce the provisions of the general statutes wherein said commissioner is empowered to carry out the duties and responsibilities assigned to him or his department.
For the purpose of inquiring into any suspected violation of such provisions, the commissioner and his deputy and assistants shall have free access, at all reasonable hours, to all places and premises, homes and apartments of private families keeping no boarders excepted.
(b) On the tender of the market price, the commissioner or his deputy may take from any person, firm or corporation samples of any article which he suspects is sold, offered for sale, kept with intent to sell, made or manufactured contrary to any provision of this chapter or related chapters under the jurisdiction of said commissioner.
He may analyze such samples or have them analyzed by a state chemist or by an experiment station or by the laboratories of the Department of Public Health, and a sworn or affirmed certificate by such analyst shall be prima facie evidence of the ingredients and constituents of the samples analyzed.
If such analysis shows that any such sample does not conform to the requirements of law, and gives the commissioner or his deputy reasonable grounds for believing that any provision of this chapter or related chapters under his jurisdiction has been violated, he shall cause such violator to be prosecuted.
Any person who refuses the access provided for herein to the commissioner, his deputy or assistants, or who refuses to sell the samples provided for herein, shall be guilty of a class D misdemeanor.
Evidence of violation of any provision of this section shall be prima facie evidence of wilful violation.
(c) The commissioner may, subject to the provisions of chapter 54, revoke, suspend or deny any license or registration issued by the department in the event that such licensee or registrant, including, but not limited to, an owner of any business entity holding such license or registration, owes moneys to any guaranty fund or account maintained or used by the department, including, but not limited to, the Home Improvement Guaranty Fund established pursuant to section 20-432, the New Home Construction Guaranty Fund established pursuant to section 20-417i, the Connecticut Health Club Guaranty Fund established pursuant to section 21a-226, the Real Estate Guaranty Fund established pursuant to section 20-324a and the privacy protection guaranty and enforcement account established pursuant to section 42-472a.
Sec.
8.
Section 20-571 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
As used in sections 20-570 to 20-630, inclusive, unless the context otherwise requires:
(1) "Administer" means the direct application of a drug or device to the body of a patient or research subject by injection, inhalation, ingestion or any other means;
(2) "Care-giving institution" means an institution that provides medical services and is licensed, operated, certified or approved by the Commissioner of Public Health, the Commissioner of Developmental Services or the Commissioner of Mental Health and Addiction Services;
(3) "Commission" means the Commission of Pharmacy appointed under the provisions of section 20-572;
(4) "Commissioner" means the Commissioner of Consumer Protection;
(5) "Compound" means to combine, mix or put together two or more ingredients pursuant to a prescription and includes the preparation of drugs or devices in anticipation of prescriptions based on routine, regularly-observed prescribing patterns;
(6) "Correctional or juvenile training institution" means a facility for the detention or incarceration of persons convicted or accused of crimes or offenses or for training of delinquent juveniles, including those state facilities under the jurisdiction of the Commissioner of Correction, training schools for delinquent juveniles and any other facilities operated by the state or municipalities for such detention, incarceration or training;
(7) "Device" means instruments, apparatuses and contrivances, including their components, parts and accessories, intended (A) for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals, or (B) to affect the structure or any function of the body of humans or other animals, but does not mean contact lenses;
(8) "Department" means the Department of Consumer Protection;
(9) "Dispense" means those acts of processing a drug or device for delivery or for administration for a patient pursuant to a prescription consisting of:
(A) Comparing the directions on the label with the directions on the prescription to determine accuracy;
(B) the selection of the drug or device from stock to fill the prescription;
(C) the counting, measuring, compounding or preparation of the drug or device;
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(D) the placing of the drug or device in the proper container;
(E) the affixing of the label to the container;
and (F) the addition to a written prescription of any required notations.
"Dispense" does not include the acts of delivering a drug or device to a patient or of administering the drug or device to the patient;
(10) "Dispensing outpatient facility" means a facility operated by a corporation or municipality which provides medical services to patients on an outpatient basis and which maintains stocks of drugs for dispensing of drugs on a regular basis to patients for use off the premises;
(11) "Drug" means (A) an article recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them, (B) an article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals, (C) an article, other than food, intended to affect the structure or any function of the body of humans or any other animal, and (D) an article intended for use as a component of any article specified in this subdivision, but does not include a device;
(12) "Institutional pharmacy" means that area within a care-giving institution or within a correctional or juvenile training institution, commonly known as the pharmacy, that is under the direct charge of a pharmacist and in which drugs are stored and dispensed;
(13) "Legend device" means a device that is required by applicable federal or state law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only or that, under federal law, is required to bear either of the following legends:
(A) "RX ONLY" IN ACCORDANCE WITH GUIDELINES ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT;
or (B) "CAUTION:
FEDERAL LAW RESTRICTS THIS DEVICE FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN.";
(14) "Legend drug" means a drug that is required by any applicable federal or state law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only, or means a drug that, under federal law, is required to bear either of the following legends:
(A) "RX ONLY" IN ACCORDANCE WITH GUIDELINES ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT;
or (B) "CAUTION:
FEDERAL LAW RESTRICTS THIS DRUG FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN.";
(15) "Medical device and oxygen provider" means a person who distributes devices or oxygen pursuant to a medical order or prescription, except if such person already maintains an active pharmacy license;
[(15)] (16) "Nonlegend drug" means a drug that is not a legend drug;
[(16)] (17) "Person" means an individual, corporation, business trust, estate trust, partnership, association, joint venture or any other legal or commercial entity;
[(17)] (18) "Pharmacist" means an individual who is licensed to practice pharmacy under the provisions of section 20-590, 20-591, 20-592 or 20-593, and who is thereby recognized as a health care provider by the state of Connecticut;
[(18)] (19) "Pharmacy" means a place of business where drugs and devices may be sold at retail and for which a pharmacy license has been issued to an applicant under the provisions of section 20-594;
[(19)] (20) "Pharmacy intern" means an individual registered under the provisions of section 20-598;
[(20)] (21) "Pharmacy technician" means an individual who is registered with the department and qualified in accordance with section 20-598a;
[(21)] (22) "Practice of pharmacy" or "to practice pharmacy" means the sum total of knowledge, understanding, judgments, procedures, securities, controls and ethics used by a pharmacist to assure optimal safety and accuracy in the distributing, dispensing and use of drugs and devices;
[(22)] (23) "Prescribing practitioner" means an individual licensed by the state of Connecticut, any other state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States who is authorized to issue a prescription within the scope of the individual's practice;
[(23)] (24) "Prescription" means a lawful order of a prescribing practitioner transmitted either orally, in writing or by electronic means for a drug or device for a specific patient;
[(24)] (25) "Sale" includes barter, exchange or gift or offer and each such transaction made by a person whether as principal proprietor, agent, servant or employee;
[and] [(25)] (26) "Substitute" means to dispense without the prescribing practitioner's express authorization a different drug product than the drug product prescribed;
[.] (27) "Third-party logistics provider" means a person who distributes drugs, devices or cosmetics while taking possession of the drugs, devices or cosmetics but who does not take title of the drugs, devices or cosmetics;
(28) "Virtual manufacturer" means a person who engages in the manufacture of drugs, devices or cosmetics for which such person:
(A) Owns the new drug application or abbreviated new drug application number, if a prescription drug;
(B) owns the unique device identification number, as available, for a prescription device;
(C) contracts with a contract manufacturing organization for the physical manufacture of the drugs, devices or cosmetics;
(D) is not involved in the physical manufacture of the drugs, devices or cosmetics;
and (E) at no time takes physical possession of or stores the drugs, devices or cosmetics;
and (29) "Virtual wholesale distributor" means a person who facilitates or brokers the transfer of drugs, devices or cosmetics without taking physical possession of the drugs, devices or cosmetics.
Sec.
9.
Section 21a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) As used in this section:
(1) ["Wholesaler"] "Drugs", "devices" and "cosmetics" have the same meanings as defined in section 21a-92, "wholesaler" or "distributor" means a person, including, but not limited to, a medical device and oxygen provider, a third-party logistics provider, a virtual manufacturer or a virtual wholesale distributor, as such terms are defined in section 20-571, as amended by this act, whether within or without the boundaries of the state of Connecticut, who supplies drugs, [medical] devices or cosmetics prepared, produced or packaged by manufacturers, to other wholesalers, manufacturers, distributors, hospitals, prescribing practitioners, as defined in subdivision (22) of section 20-571, as amended by this act, pharmacies, federal, state or municipal agencies, clinics or any other person as permitted under subsection (h) of this section, except that:
(A) A retail pharmacy or a pharmacy within a licensed hospital that supplies to another such pharmacy a quantity of a noncontrolled drug or a schedule II, III, IV or V controlled substance normally stocked by such pharmacies to provide for the immediate needs of a patient pursuant to a prescription or medication order of an authorized practitioner, (B) a pharmacy within a licensed hospital that supplies drugs to another hospital or an authorized practitioner for research purposes, (C) a retail pharmacy that supplies a limited quantity of a noncontrolled drug or of a schedule II, III, IV or V controlled substance for emergency stock to a practitioner who is a medical director of a chronic and convalescent nursing home, of a rest home with nursing supervision or of a state correctional institution, and (D) a pharmacy within a licensed hospital that contains another hospital wholly within its physical structure that supplies to such contained hospital a quantity of a noncontrolled drug or a schedule II, III, IV, or V controlled substance normally stocked by such hospitals to provide for the needs of a patient, pursuant to a prescription or medication order of an authorized practitioner, receiving inpatient care on a unit that is operated by the contained hospital shall not be deemed a wholesaler under this section;
(2) "manufacturer" means (A) a person, whether within or without the boundaries of the state of Connecticut, who produces, prepares, cultivates, grows, propagates, compounds, converts or processes, directly or indirectly, by extraction from substances of natural origin or by means of chemical synthesis or by a combination of extraction and chemical synthesis, or who packages, repackages, labels or relabels a container under such manufacturer's own or any other trademark or label any drug, device or cosmetic for the purpose of selling such items, or (B) a sterile compounding pharmacy, as defined in section 20-633b, as amended by this act, that dispenses sterile pharmaceuticals without a prescription or a patient-specific medical order;
(3) "drug", "device" and "cosmetic" have the same meanings as provided in section 21a-92;
and (4) "commissioner" means the Commissioner of Consumer Protection or his or her designee.
(b) No wholesaler or manufacturer shall operate as such until he has received a certificate of registration issued by the commissioner, which certificate shall be renewed annually, provided no such certificate shall be required of a manufacturer, except a sterile compounding pharmacy, as defined in subsection (a) of section 20-633b, as amended by this act, whose principal place of business is located outside the state, who is registered with the federal Food and Drug Administration or any successor agency and who files a copy of such registration with the commissioner.
A fee of one hundred ninety dollars shall be charged for each wholesaler's certificate and renewal thereof.
A separate certificate and corresponding fee is required for each location existing in this state and for each location existing outside of this state that distributes products into this state.
The fee for a manufacturer's certificate and renewal thereof shall be two hundred eighty-five dollars for manufacturers employing not more than five licensed pharmacists or qualified chemists or both;
three hundred seventy-five dollars for manufacturers employing not more than ten licensed pharmacists or qualified chemists or both;
and nine hundred forty dollars for manufacturers employing more than ten licensed pharmacists or qualified chemists or both.
No such certificate shall be issued to a manufacturer unless such drugs, [medical] devices or cosmetics are manufactured or compounded under the direct supervision of a licensed pharmacist or a qualified chemist.
No certificate of registration shall be issued under this section until the applicant has furnished proof satisfactory to the commissioner that the applicant is equipped as to facilities and apparatus to properly carry on the business described in his application and that the applicant conforms to chapter 418 and regulations adopted thereunder.
(c) The commissioner shall have the right to deny a certificate of registration if he determines that the issuance of such registration is inconsistent with the public interest.
In determining the public interest, the commissioner shall consider, at a minimum, the following factors:
(1) Any convictions or regulatory actions involving the applicant under any federal, state or local law relating to drug samples, wholesale or retail drug distribution, or distribution or possession of drugs including controlled substances;
(2) Any felony convictions of the applicant under federal, state or local laws;
(3) The applicant's past experience in the manufacture or distribution of drugs;
(4) The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;
(5) Suspension, revocation or other sanction by federal, state or local government of any license or registration currently or previously held by the applicant for the manufacture or distribution of any drugs;
(6) Compliance with licensing or registration requirements under previously granted licenses or registrations;
(7) Compliance with requirements to maintain or make available to the commissioner or to federal, state or local law enforcement officials those records required by any federal or state statute or regulation;
(8) Failure to provide adequate control against the diversion, theft and loss of drugs;
(9) Provision of required security for legend drugs and, in the case of controlled substances, compliance with security requirements for wholesalers set forth in regulations adopted under chapter 420b;
and (10) Compliance with all regulations adopted to enforce the provisions of this section.
(d) The commissioner may suspend, revoke or refuse to renew a registration, or may issue a letter of reprimand or place a registrant on probationary status, for sufficient cause.
Any of the following shall be sufficient cause for such action:
(1) The furnishing of false or fraudulent information in any application or other document filed with the commissioner;
(2) Any criminal conviction of the registrant under any federal or state statute concerning drugs;
(3) The suspension, revocation or other restriction or penalty issued against a license or registration related to drugs;
(4) Failure to provide adequate control against the diversion, theft and loss of drugs;
or (5) A violation of any provision of any federal or state statute or regulation concerning drugs.
(e) Wholesalers and manufacturers shall operate in compliance with applicable federal, state and local statutes, regulations and ordinances, including any applicable laws concerning controlled substances, drug product salvaging or reprocessing.
(f) Wholesalers and manufacturers shall permit the commissioner, or his authorized representatives, to enter and inspect their premises and delivery vehicles, and to audit their records and written operating procedures, at reasonable times and in a reasonable manner.
(g) Before denying, suspending, revoking or refusing to renew a registration, or before issuing a letter of reprimand or placing a registrant on probationary status, the commissioner shall afford the applicant or registrant an opportunity for a hearing in accordance with the provisions of chapter 54.
Notice of such hearing may be given by certified mail.
The commissioner may subpoena witnesses and require the production of records, papers and documents pertinent to such hearing.
(h) No wholesaler or manufacturer shall sell any drugs except to the state or any political subdivision thereof, to another manufacturer or wholesaler, to any hospital recognized by the state as a general or specialty hospital, to any institution having a full-time pharmacist who is actively engaged in the practice of pharmacy in such institution not less than thirty-five hours a week, to a chronic and convalescent nursing home having a pharmacist actively engaged in the practice of pharmacy based upon the ratio of one-tenth of one hour per patient per week but not less than twelve hours per week, to a practicing physician, podiatrist, dentist, optometrist or veterinarian or to a licensed pharmacy or a store to which a permit to sell nonlegend drugs has been issued as provided in section 20-624.
The commissioner may adopt such regulations as are necessary to administer and enforce the provisions of this section.
(i) Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.
Sec.
10.
Section 20-579 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) The commission may refuse to authorize the issuance of a temporary permit to practice pharmacy, may refuse to authorize the issuance or renewal of a license to practice pharmacy, a license to operate a pharmacy or a registration of a pharmacy intern or pharmacy technician, and may revoke, [or] suspend or place conditions on a license or temporary permit to practice pharmacy, a license to operate a pharmacy, or a registration of a pharmacy intern or a pharmacy technician, and may assess a civil penalty of up to one thousand dollars or take other action permitted in subdivision (7) of section 21a-7, as amended by this act, if the applicant or holder of the license, temporary permit or registration:
(1) Has violated a statute or regulation relating to drugs, devices or the practice of pharmacy of this state, any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction;
(2) has been convicted of violating any criminal statute relating to drugs, devices or the practice of pharmacy of this state, any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction;
(3) has been disciplined by, or is the subject of pending disciplinary action or an unresolved complaint before, the duly authorized pharmacy disciplinary agency of any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction;
(4) has been refused a license or registration or renewal of a license or registration by any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction based on grounds that are similar to grounds on which Connecticut could refuse to issue or renew such a license or registration;
(5) has illegally possessed, diverted, sold or dispensed drugs or devices;
(6) abuses or excessively uses drugs, including alcohol;
(7) has made false, misleading or deceptive representations to the public or the commission;
(8) has maintained exclusive telephone lines to, has maintained exclusive electronic communication with, or has exclusive access to computers located in offices of prescribing practitioners, nursing homes, clinics, hospitals or other health care facilities;
(9) has substituted drugs or devices except as permitted in section 20-619;
(10) has accepted, for return to regular stock, any drug already dispensed in good faith or delivered from a pharmacy, and exposed to possible and uncontrolled contamination or substitution;
(11) has split fees for professional services, including a discount or rebate, with a prescribing practitioner or an administrator or owner of a nursing home, hospital or other health care facility;
(12) has entered into an agreement with a prescribing practitioner or an administrator or owner of a nursing home, hospital or other health care facility for the compounding or dispensing of secret formula or coded prescriptions;
(13) has performed or been a party to a fraudulent or deceitful practice or transaction;
(14) has presented to the commission a diploma, license or certificate illegally or fraudulently obtained, or obtained from a college or school of pharmacy not approved by the commission;
(15) has performed incompetent or negligent work;
(16) has falsified a continuing education document submitted to the commission or department or a certificate retained in accordance with the provisions of subsection (d) of section 20-600;
(17) has permitted a person not licensed to practice pharmacy in this state to practice pharmacy in violation of section 20-605, to use a pharmacist license or pharmacy display document in violation of section 20-608, or to use words, displays or symbols in violation of section 20-609;
[or] (18) has failed to maintain the entire pharmacy premises, its components and contents in a clean, orderly and sanitary condition;
(19) has failed to comply with United States Pharmacopeia, Chapter 797, Pharmaceutical Compounding–Sterile Preparations, as amended from time to time;
or (20) has failed to comply with United States Pharmacopeia, Chapter 795, Pharmaceutical Compounding–Nonsterile Preparations, as amended from time to time.
(b) The commission may refuse to authorize the issuance of a temporary permit to practice pharmacy, may refuse to authorize the issuance or renewal of a license to practice pharmacy, a license to operate a pharmacy or a registration of a pharmacy intern or pharmacy technician, and may revoke, [or] suspend or place conditions on a license or temporary permit to practice pharmacy, a license to operate a pharmacy, or a registration of a pharmacy intern or a pharmacy technician, or take other action permitted in subdivision (7) of section 21a-7, as amended by this act, if the commission determines that the applicant or holder of the license, temporary permit or registration has a condition 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 that would interfere with the practice of pharmacy, operation of a pharmacy or activities as a pharmacy intern or pharmacy technician, provided the commission may not, in taking action against a license, temporary permit or registration holder on the basis of such a condition, violate the provisions of section 46a-73 or 42 USC Section 12132 of the federal Americans with Disabilities Act.
Sec.
11.
Subdivision (13) of section 20-330 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(13) "Sheet metal work" means the onsite layout, installation, erection, replacement, repair or alteration, including, but not limited to, onsite testing and balancing of related life safety components, environmental air, heating, ventilating and air conditioning systems by manipulating, adjusting or controlling such systems for optimum balance performance of any duct work [systems, both] system, ferrous, [and] nonferrous or other material for ductwork systems, components, devices, air louvers or accessories, in accordance with the State Building Code;
Sec.
12.
Section 20-672 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) Any person seeking a certificate of registration as a homemaker-companion agency shall apply to the Commissioner of Consumer Protection, in writing, on a form provided by the commissioner.
The application shall include the applicant's name, residence address, business address, business telephone number and such other information as the commissioner may require.
An applicant shall also be required to submit to state and national criminal history records checks in accordance with section 29-17a and to certify under oath to the commissioner that:
(1) Such agency complies with the requirements of section 20-678 concerning employee comprehensive background checks, (2) such agency provides all persons receiving homemaker or companion services with a written individualized contract or service plan that specifically identifies the anticipated scope, type, frequency and duration of homemaker or companion services provided by the agency to the person, (3) such agency maintains a surety bond of not less than ten thousand dollars coverage, which coverage shall include theft by an employee of such agency from a person for whom homemaker or companion services are provided by the agency, and (4) all records maintained by such agency shall be open, at all reasonable hours, for inspection, copying or audit by the commissioner.
(b) Each application for a certificate of registration as a homemaker-companion agency shall be accompanied by a fee of three seventy-five hundred dollars.
(c) Upon the failure by a homemaker-companion agency to comply with the registration provisions of this section, the Attorney General, at the request of the Commissioner of Consumer Protection, is authorized to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining a homemaker-companion agency from continuing to do business in the state.
Sec.
13.
Section 21a-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) The Commissioner of Consumer Protection may refund to any permittee the fee paid by him for any permit issued by said commissioner and returned to him prior to its use, provided application for such refund shall be made not later than sixty days after the effective date of such permit.
(b) The Commissioner of Consumer Protection may impose a fine of twenty dollars on any applicant for a permit or license issued by the Commissioner of Consumer Protection who issues to the commissioner a check drawn on the account of such applicant in payment of a permit or license fee and whose check is returned to the Department of Consumer Protection as uncollectible.
In addition, the commissioner may require the applicant to pay to the department any fees charged by a financial institution to the department as a result of such returned check.
(c) The Commissioner of Consumer Protection may impose a fine on any applicant who fails to renew a license, permit, certificate or registration not later than the expiration date of such license, permit, certificate or registration.
The amount of the fine shall be equal to ten per cent of the renewal fee but shall not be less than ten dollars or more than one hundred dollars.
(d) Notwithstanding any other provision of the general statutes, each applicant whose license has lapsed for a period longer than the length of time allowing automatic reinstatement may apply for reinstatement to the appropriate board.
Upon receipt of such application and payment of the fee, the [board] department may, at its discretion, reinstate a lapsed license without examination, provided such application for reinstatement is accompanied by a notarized letter and supporting documentation attesting to the applicant's related work experience in their occupation or profession from the time he or she had let such license lapse.
Such applicant, upon approval by the [board] department, shall pay all back license and late fees in order for such license to be reinstated.
(e) When a license, permit, certification or registration has lapsed for a period longer than the length of time allowing automatic reinstatement, or the general statutes are silent as to the period of time during which reinstatement of the license, permit, certification or registration is permissible, an applicant may apply for reinstatement to the department.
Upon receipt of such application and payment of the corresponding application fee, the department may, if application was made not later than three years after the date allowing automatic reinstatement, reinstate the lapsed license, permit, certification or registration without examination.
The applicant, prior to reinstatement by the department, shall pay all back license and late fees, unless the applicant attests that he or she has not worked in the applicable occupation or profession in this state while the license, permit, certification or registration was lapsed, in which case the applicant shall pay the current year's renewal fee for reinstatement.
If the license, permit, certification or registration lapse is three years or more, the applicant shall apply for a new license, permit, certification or registration.
Sec.
14.
(NEW) (Effective July 1, 2017) (a) Any person who (1) is responsible for the production, storage or transportation of food considered adulterated pursuant to section 21a-101 of the general statutes, or (2) directly or indirectly causes a nuisance or an emergency through the discharge, spillage, uncontrolled loss or seepage of liquid or solid food products that are removed or caused to be removed by the Commissioner of Consumer Protection or his or her authorized agents shall be liable for all costs and expenses incurred in investigating, containing, removing, monitoring, mitigating and disposing of such adulterated food or liquid or solid food products, as well as any court costs and legal expenses related thereto.
Upon request of the commissioner, the Attorney General may bring a civil action to recover all such costs and expenses.
(b) If a person does not (1) contain, (2) remove, or (3) mitigate the effects of adulterated food or liquid or solid food products pursuant to subsection (a) of this section to the satisfaction of the commissioner, or if the person is unknown and the adulterated food or liquid or solid food products are not being contained, removed or mitigated by the federal government, a state agency, a municipality or a regional or interstate authority, the commissioner may contract with a third party to contain and remove or mitigate the effects of a discharge, spillage, loss, seepage or filtration of the adulterated food or liquid or solid food products.
(c) If the commissioner incurs contractual obligations pursuant to subsection (b) of this section and the responsible person or the federal government does not assume the contractual obligations, the commissioner shall request the Attorney General to bring a civil action pursuant to subsection (a) of this section to recover the costs and expenses related to the contractual obligations.
Sec.
15.
Subsection (a) of section 20-633b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) As used in this section:
(1) "Medical order" means a written, oral or electronic order by a prescribing practitioner, as defined in section 20-14c, for a drug to be dispensed by a pharmacy for administration to a patient;
(2) "Sterile compounding pharmacy" means a pharmacy, as defined in section [20-594, or] 20-571, as amended by this act, a nonresident pharmacy registered pursuant to section 20-627, or an institutional pharmacy, as defined in section 20-571, as amended by this act, that dispenses or compounds sterile pharmaceuticals;
and (3) "Sterile pharmaceutical" means any dosage form of a drug, including, but not limited to, parenterals, injectables, surgical irrigants and ophthalmics devoid of viable microorganisms.
Sec.
16.
Subsection (d) of section 42-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(d) A funeral service establishment shall maintain a copy of all funeral service contracts entered into or assigned to such establishment.
[and a] A funeral service establishment shall also maintain an electronic list of each escrow account or insurance policy established pursuant to such contracts.
Such electronic list shall be maintained in an electronically readable format and shall include (1) the name and address of the escrow agent and the dates and amount of funds deposited with such agent, or the name and address of the insurance company issuing the individual or group life insurance policy, [and] (2) the name and address of the purchaser of the funeral services contract, (3) the name, address, date of birth and Social Security number of the beneficiary, and (4) the value of the contract at the time of the inception of the contract and a listing of any additional payments made pursuant to the contract.
Such contracts shall be maintained by the funeral service establishment for a period of six years after the completion of the contracted services.
Such establishment shall disclose such information, upon request, to the Commissioner of Public Health, the Commissioner of Consumer Protection, the Commissioner of Social Services or the Attorney General.
Sec.
17.
Subsection (e) of section 20-417b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(e) All certificates issued under the provisions of this chapter shall expire biennially and may be renewed by the applicant not later than six months after the expiration date of such certificate.
The fee for renewal of a certificate shall be the same as charged for the original application but shall be charged on a pro rata basis, based upon the application date for such renewal.
6 July 1, 2017 42-240 Statement of Purpose:
6 July 1, 2017 42-240 Sec.
To make technical changes to Department of Consumer Protection statutes.
7 July 1, 2017 21a-11 Sec.
[Proposed deletions are enclosed in brackets.
8 July 1, 2017 20-571 Sec.
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.]
9 July 1, 2017 21a-70 Sec.
10 July 1, 2017 20-579 Sec.
11 October 1, 2017 20-330(13) Sec.
12 July 1, 2017 20-672 Sec.
13 July 1, 2017 21a-4 Sec.
14 July 1, 2017 New section Sec.
15 July 1, 2017 20-633b(a) Sec.
16 July 1, 2018 42-200(d) Sec.
17 July 1, 2017 20-417b(e) GL Joint Favorable Subst.
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 17-77

  5. IN CONCURRENCE

  6. ON CONSENT CALENDAR

  7. HOUSE PASSED, SEN. AMEND. SCH. A

  8. HOUSE ADOPTED SEN. AMEND. SCH. A

  9. HOUSE CALENDAR NUMBER 597

  10. FAV. RPT., TABLED FOR HOUSE CALENDER

  11. ON CONSENT CALENDAR

  12. SEN. PASSED, SEN. AMEND. SCH. A

  13. SEN. ADOPTED SEN. AMEND. SCH. A

  14. FILE NO. 206

  15. SENATE CALENDAR NUMBER 130

  16. FAV. RPT., TAB. FOR CAL., SEN.

  17. RPTD. OUT OF LCO

  18. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/22/17

  19. FILED WITH LCO

  20. Joint Favorable Substitute

  21. PUBLIC HEARING 0221

  22. REF. TO JOINT COMM. ON General Law

Sponsors

  • Joseph C.' b'Serra · Primary
  • Steve' b'Cassano · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 185 not signed on

Sponsors (2)

  • b'Serra, Joseph C.'
  • b'Cassano, Steve'

Co-sponsors (0)

None.

Not signed on (185)

185 members have not signed on to this bill.

Show all 185 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 36 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 22000
Republican 6000
Total 36000
% of votes cast 100%0%0%0%
How each member voted (36)
Member Party Vote
PAUL M. FORMICA — Yea
TIM LARSON — Yea
KEVIN KELLY — Yea
STEVE CASSANO — Yea
MARILYN MOORE — Yea
BETH BYE — Yea
EDWIN A. GOMES — Yea
TERRY B. GERRATANA — Yea
MICHAEL A. MCLACHLAN — Yea
KEVIN D. WITKOS — Yea
TONI BOUCHER — Yea
PAUL DOYLE — Yea
CARLO LEONE — Yea
CRAIG MINER — Yea
LEN SUZIO — Yea
GAYLE SLOSSBERG — Yea
ART LINARES — Yea
JOE MARKLEY — Yea
LEONARD FASANO — Yea
GEORGE LOGAN — Yea
ANTHONY GUGLIELMO — Yea
L. SCOTT FRANTZ — Yea
Bob Duff Democratic Yea
Catherine A. Osten Democratic Yea
Douglas McCrory Democratic Yea
Gary A. Winfield Democratic Yea
Joan V. Hartley Democratic Yea
John W. Fonfara Democratic Yea
Mae Flexer Democratic Yea
Martin M. Looney Democratic Yea
Eric C. Berthel Republican Yea
Heather S. Somers Republican Yea
Henri Martin Republican Yea
John A. Kissel Republican Yea
Kathy Kennedy Republican Yea
Tony Hwang Republican Yea

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Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 826?
SB 826 is sponsored by b'Serra, Joseph C.' and b'Cassano, Steve'.
What is the current status of SB 826?
This bill died with 2017 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 826?
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