(a) When the Commissioner of Early Childhood has reason to believe any person licensed under sections 19a-77 to 19a-80, inclusive, and sections 19a-82 to 19a-87, inclusive, has failed substantially to comply with the regulations adopted under said sections, the commissioner may notify the licensee in writing of the commissioner's intention to suspend or revoke the license or to impose a licensure action. Such notice shall be served by certified mail stating the particular reasons for the proposed action. The licensee may, if aggrieved by such intended action, make application for a hearing in writing over the licensee's signature to the commissioner. The licensee shall state in the application in plain language the reasons why the licensee claims to be aggrieved. The application shall be delivered to the commissioner not later than thirty days after the licensee's receipt of notification of the intended action. The commissioner shall thereupon hold a hearing or cause a hearing to be held not later than sixty days after receipt of such application and shall, at least ten days prior to the date of such hearing, mail a notice, giving the time and place of the hearing, to the licensee. The hearing may be conducted by the commissioner or by a hearing officer appointed by the commissioner in writing. The licensee and the commissioner or hearing officer may issue subpoenas requiring the attendance of witnesses. The licensee shall be entitled to be represented by counsel and a transcript of the hearing shall be made. If the hearing is conducted by a hearing officer, the hearing officer shall state the hearing officer's findings and make a recommendation to the commissioner on the issue of revocation or suspension or the intended licensure action. The commissioner, based upon the findings and recommendation of the hearing officer, or after a hearing conducted by the commissioner, shall render the commissioner's decision in writing suspending, revoking or continuing the license or regarding the intended licensure action. A copy of the decision shall be sent by certified mail to the licensee. The decision revoking or suspending the license or a decision imposing a licensure action shall become effective thirty days after it is mailed by registered or certified mail to the licensee. A licensee aggrieved by the decision of the commissioner may appeal as provided in section 19a-85. Any licensee whose license has been revoked pursuant to this subsection shall be ineligible to apply for a license for a period of one year from the effective date of revocation.
(b) The provisions of this section shall not apply to the denial of an initial application for a license under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, provided the commissioner shall notify the applicant of any such denial and the reasons for such denial by mailing written notice to the applicant at the applicant's address shown on the license application.
(c) If the commissioner finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in his or her order, the commissioner may order summary suspension or summary probation of a license issued under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
(1967, P.A. 696, S. 9; P.A. 77-157, S. 7, 11; 77-603, S. 46, 125; 77-614, S. 323, 610; P.A. 85-613, S. 47, 154; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-360, S. 10, 25, 32; P.A. 00-135, S. 3, 21; P.A. 07-129, S. 3; P.A. 14-39, S. 69; P.A. 19-121, S. 5.)
History: P.A. 77-157 substituted “certified” for “registered” mail; P.A. 77-603 deleted references to superior court in appeals provisions; P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; Sec. 19-43i transferred to Sec. 19a-84 in 1983; P.A. 85-613 made technical changes; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; 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; P.A. 95-360 eliminated the requirement that the notice automatically set a date for a hearing, requiring instead that the aggrieved person request a hearing, established procedures for such a request, eliminated a stay of the decision when appealed, expanded reference to licenses to include license applicants and expanded reference to revocation or suspension to include “intended licensure denial or licensure action” and substituted reference to Sec. 19a-82 for reference to repealed Sec. 19a-81, effective July 13, 1995; P.A. 00-135 designated existing provisions as Subsec. (a), deleting language re license applicant and licensure denial and making technical changes therein, and added new Subsec. (b) re denial of initial license application, effective May 26, 2000; P.A. 07-129 amended Subsec. (a) by making a technical change and adding one-year ineligibility provision for any licensee whose license is revoked pursuant to subsection; P.A. 14-39 amended Subsec. (a) by replacing reference to Commissioner of Public Health with reference to Commissioner of Early Childhood, adding “or cause a hearing to be held not later than” and making technical changes, effective July 1, 2014; P.A. 19-121 added Subsec. (c) re summary suspension and summary probation of license, effective July 1, 2019.
Structure Connecticut General Statutes
Title 19a - Public Health and Well-Being
Chapter 368a - Department of Public Health
Section 19a-2a. - Powers and duties.
Section 19a-4. (Formerly Sec. 19-2a). - Commissioner to organize department and adopt regulations.
Section 19a-4i. - Office of Injury Prevention.
Section 19a-4j. - Office of Health Equity.
Section 19a-4k. - Advisory Commission on Multicultural Health.
Section 19a-4l. - Office of Oral Public Health.
Section 19a-5. (Formerly Sec. 19-4). - Powers and duties of commissioner.
Section 19a-6d. - Tobacco abuse reduction and health plan.
Section 19a-6e. - Traumatic brain injury patient registry.
Section 19a-6f. - Listing of certified medical assistants.
Section 19a-6i. - School-based health center advisory committee. Members. Duties. Report.
Section 19a-6o. - Palliative Care Advisory Council. Duties. Members. Report.
Section 19a-6p. - School-based health centers. Hours. Services. Reimbursement for services.
Section 19a-6q. - Chronic disease plan.
Section 19a-6s. - Provision of vaccines by clinical medical assistants under supervision.
Section 19a-6t. - Connecticut Rare Disease Advisory Council. Duties. Members. Report.
Section 19a-6u. - School-based health center expansion grant program.
Section 19a-7b. - Health Care Access Commission.
Section 19a-7c. - Subsidized nongroup health insurance product for pregnant women.
Section 19a-7d. - Primary care direct services program.
Section 19a-7e. - Health care for uninsured pregnant women demonstration project.
Section 19a-7g. - Childhood Immunization Advisory Council.
Section 19a-7h. - Immunization information system. Regulations.
Section 19a-7i. - Extension of coverage under the maternal and child health block grant.
Section 19a-7k. - Preventive dental care pilot program.
Section 19a-7o. - Hepatitis C and HIV-related testing.
Section 19a-7p. - Public health fee. Annual reporting requirement. Appeal. Penalties. Overpayment.
Section 19a-7s. - Evaluation of data re exemptions from immunization requirements. Report.
Section 19a-7u. - Pilot program to expand behavioral health care. Grants.
Section 19a-12c. - Professional assistance program account.
Section 19a-13. (Formerly Sec. 19-4n). - Regulated professions; definitions.
Section 19a-14. (Formerly Sec. 19-4o). - Powers of department concerning regulated professions.
Section 19a-14a. - Professional licenses. Investigations and disciplinary action.
Section 19a-14b. - Radon mitigators, diagnosticians and testing companies. Regulations.
Section 19a-14c. - Provision of outpatient mental health treatment to minors.
Section 19a-16e. - Scope of practice review committees. Membership. Duties.
Section 19a-16f. - Report to General Assembly on scope of practice review processes.
Section 19a-17. (Formerly Sec. 19-4s). - Disciplinary action by department, boards and commissions.
Section 19a-17a. - Review of medical malpractice awards and certain settlements.
Section 19a-17m. - Malpractice insurance purchase program.
Section 19a-17n. - Malpractice insurance purchase program. Regulations. Limitations.
Section 19a-18. (Formerly Sec. 19-4t). - Meaning of term “licensed” for insurance purposes.
Section 19a-19. (Formerly Sec. 19-4u). - Regulation of business practices.
Section 19a-21. (Formerly Sec. 19-4w). - Disposition of licensing fees.
Section 19a-22. (Formerly Sec. 19-4x). - Actions by department, boards and commissions; appeals.
Section 19a-23. (Formerly Sec. 19-4y). - Boards and commissions; records.
Section 19a-25a. - Regulations re electronic signatures for medical records.
Section 19a-25b. - Electronic prescribing systems authorized.
Section 19a-25c. - Medical records systems: Electronic and paper formats authorized.
Section 19a-25e. - Connecticut Health Information Network plan.
Section 19a-27. (Formerly Sec. 19-7a). - Test for rubella immunity. Regulations.
Section 19a-28. (Formerly Sec. 19-8). - Toxicology laboratory.
Section 19a-29. (Formerly Sec. 19-9). - Special laboratories.
Section 19a-29a. - Environmental laboratories.
Section 19a-31a. - Microbiological and biomedical biosafety laboratories.
Section 19a-32. (Formerly Sec. 19-10). - Department authorized to receive gifts.
Section 19a-32a. - AIDS research education account. Regulations.
Section 19a-32b. - Breast cancer research and education account.
Section 19a-32n. - Information and education re umbilical cord blood collection programs.
Section 19a-32o. - Short title: Connecticut Umbilical Cord Blood Collection Program Act.
Section 19a-32p. - Legislative findings and declaration of policy.
Section 19a-32q. - Connecticut Umbilical Cord Blood Collection Board. Membership. Meetings.
Section 19a-32r. - Board to establish and administer umbilical cord blood collection program.
Section 19a-32t. - Umbilical cord blood collection account.
Section 19a-32u. - Copies of independent audits to be submitted to General Assembly.
Section 19a-32v. - Reports to Governor and General Assembly.
Section 19a-33. (Formerly Sec. 19-10a). - Regulation of traffic at department facilities.
Section 19a-36a. - Regulations concerning food operators.
Section 19a-36g. - Food code. Definitions.
Section 19a-36j. - Food inspectors. Certification. Inspections.
Section 19a-36k. - Food-borne illness or outbreak. Investigation.
Section 19a-36l. - Inspection violations. Appeal process.
Section 19a-37h. - Water companies to provide multilingual tier 1 notices.
Section 19a-38. (Formerly Sec. 19-13b). - Water company to add fluoride to water supply.
Section 19a-39. (Formerly Sec. 19-13c). - Protection of wells.
Section 19a-40. (Formerly Sec. 19-14). - Supervision of vital statistics.
Section 19a-41. (Formerly Sec. 19-15). - Compilation of vital records and statistics. Regulations.
Section 19a-42. (Formerly Sec. 19-15a). - Amendment of vital records.
Section 19a-43. (Formerly Sec. 19-15b). - Reproduction of vital records.
Section 19a-44. (Formerly Sec. 19-15c). - Matching of birth and death certificates.
Section 19a-45b. - Medical home pilot program.
Section 19a-45c. - Evaluation and report required re medical home pilot program.
Section 19a-46. (Formerly Sec. 19-17). - Expert examinations and inspections.
Section 19a-48. (Formerly Sec. 19-19). - Care for children with cerebral palsy.
Section 19a-49. (Formerly Sec. 19-19a). - Services for persons with cystic fibrosis.
Section 19a-51. (Formerly Sec. 19-20a). - Pediatric Cardiac Patient Care Fund.
Section 19a-54. (Formerly Sec. 19-21a). - Registration of children with special health care needs.
Section 19a-54a. - Registry of data on infants exposed to AIDS medication.
Section 19a-55a. - Newborn screening account.
Section 19a-55b. - Information on newborn infant safe sleep practices.
Section 19a-56. (Formerly Sec. 19-21c). - Program for prevention of erythroblastosis.
Section 19a-57. (Formerly Sec. 19-21d). - Loans for purchase of hemodialysis treatment machines.
Section 19a-58. (Formerly Sec. 19-21e). - Pamphlet concerning hearing impairments in infants.
Section 19a-59. - Program to identify infants who are hard of hearing.
Section 19a-59b. - Maternal and child health protection program.
Section 19a-59e. - Media campaign for the reduction of adolescent pregnancies.
Section 19a-59h. - Maternal mortality review program. Confidentiality of information.
Section 19a-59i. - Maternal mortality review committee.
Section 19a-60. (Formerly Sec. 19-22). - Dental services for children.
Section 19a-60a. - Dental services for children of low-income families.
Section 19a-61. (Formerly Sec. 19-22b). - Services for children suffering from diabetes.
Section 19a-62. (Formerly Sec. 19-22c). - Services for children suffering from cancer.
Section 19a-69. (Formerly Sec. 19-27). - Distribution of biologic products.
Section 19a-70. (Formerly Sec. 19-28). - Priority of distribution in emergency.
Section 19a-71. (Formerly Sec. 19-29). - Observation and treatment of certain typhoid germ carriers.
Section 19a-72a. - State-wide stroke registry.
Section 19a-73a. - Establishment of comprehensive cancer plan for state.
Section 19a-73b. - Funding sources for comprehensive cancer program.
Section 19a-74. (Formerly Sec. 19-30). - Cancer.
Section 19a-75. (Formerly Sec. 19-30b). - State aid for health career educational programs.
Section 19a-77. - “Child care services” defined. Exclusions. Additional license.
Section 19a-77a. - Child day care services in retail stores.
Section 19a-79. (Formerly Sec. 19-43d). - Regulations. Exemptions. Waivers.
Section 19a-79a. - Pesticide applications at child care facilities.
Section 19a-80g. - Child care center waiting list fees and deposits.
Section 19a-80h. - Enrollment of certain children in preschool programs.
Section 19a-81. (Formerly Sec. 19-43f). - Hearing on denial of license.
Section 19a-83. (Formerly Sec. 19-43h). - Reports of licensees.
Section 19a-85. (Formerly Sec. 19-43j). - Appeal.
Section 19a-86. (Formerly Sec. 19-43k). - Injunction against illegal operation.
Section 19a-86a. - Accepting voluntary surrender of license as resolution of disciplinary action.
Section 19a-86b. - Validity of license during investigation or disciplinary action.
Section 19a-86c. - Failure to provide written notice of proposed closure. Penalty.
Section 19a-87g. - Notification of emergency situations to licensees of day care centers.
Section 19a-88a. - Regulations concerning retired nurses.
Section 19a-88c. - Regulations re retired dentists.
Section 19a-89. (Formerly Sec. 19-46). - Change of office or residence address.
Section 19a-89a. - Database on nursing personnel.
Section 19a-89b. - Fees for pool design guidelines and food compliance guide.
Section 19a-89c. - Auricular acupuncture pilot program.
Section 19a-89d. - Nurse staffing and patient care data.
Section 19a-89e. - Development of prospective nurse staffing plan by hospitals. Report.
Section 19a-90. (Formerly Sec. 19-47). - Blood testing of pregnant women for syphilis and HIV.
Section 19a-92a. - Regulation of persons engaged in tattooing. Penalty.
Section 19a-92g. - Body piercing.
Section 19a-102. (Formerly Sec. 19-59a). - Regulation of sale of turtles.
Section 19a-102a. - Regulation of sale of turtles.
Section 19a-102b. - Importation of turtles.
Section 19a-103. (Formerly Sec. 19-60). - Control of communicable diseases in institutions.
Section 19a-104. (Formerly Sec. 19-61). - Sale of rags to be used as wiping cloths; cleaning.
Section 19a-105. (Formerly Sec. 19-62). - Public toilets.
Section 19a-106. (Formerly Sec. 19-62a). - “Restroom” defined.
Section 19a-106a. - Customer access to employee restrooms in retail establishments.
Section 19a-107. (Formerly Sec. 19-63). - Towels in hotels and public lavatories.
Section 19a-108. (Formerly Sec. 19-64). - Common drinking cups.
Section 19a-110a. - Regional lead poisoning treatment centers.
Section 19a-111a. - Lead poisoning prevention program. Lead state agency.
Section 19a-111c. - Abatement of lead in dwellings. List of encapsulant products. Regulations.
Section 19a-111d. - Regulations.
Section 19a-111e. - Federal funds for lead poisoning prevention programs.
Section 19a-111g. - Pediatric lead testing and risk assessment. Exemption.
Section 19a-111h. - Review of lead poisoning data. Regulations.
Section 19a-111i. - Report re lead poisoning prevention efforts.
Section 19a-111k. - Applicability of OSHA standards to abatement and remediation of lead hazards.
Section 19a-111l. - Guidelines on mold abatement protocols.
Section 19a-112b. - Services to victims of sexual acts.
Section 19a-112c. - Educational materials for sexual assault victims.
Section 19a-112d. - Sexual assault victims account.
Section 19a-112g. - Sexual assault forensic examiners. Responsibilities.
Section 19a-112h. - Financial assistance for victims of sexual assault.
Section 19a-112i. - Community gun violence intervention and prevention program.
Section 19a-113a. - Cardiopulmonary resuscitation certification of lifeguards.
Section 19a-115. (Formerly Sec. 19-66f). - Regulation of medical test units.
Section 19a-116. (Formerly Sec. 19-66g). - Regulation of facilities which offer abortion services.
Section 19a-121. - HIV and AIDS: Grant program.
Section 19a-121a. - AIDS: Funding to local health departments.
Section 19a-121b. - Regulations.
Section 19a-121c. - HIV and AIDS: Public information program.
Section 19a-121d. - Grants for mass mailing of report on AIDS.
Section 19a-122. - Hospice care for the homeless.
Section 19a-122a. - Hospice care for the homeless. Termination of pilot program.
Section 19a-123. - Nursing pool: Definition.
Section 19a-123b. - Nursing pool: Written agreement with health care institution.
Section 19a-123c. - Regulation of rates charged by nursing pools.
Section 19a-123d. - Aggrievement. Penalties.
Section 19a-124. - Syringe services programs.
Section 19a-124a. - Donation of vans to entities operating needle exchange programs.
Section 19a-125. - Adolescent Health Council.
Section 19a-127l. - Quality of care program. Quality of Care Advisory Committee.
Section 19a-127o. - Patient safety organizations.
Section 19a-127p. - Requirement for hospitals to contract with patient safety organization.
Section 19a-131. - Public health emergency response authority. Definitions.
Section 19a-131a. - Declaration of public health emergency by Governor.
Section 19a-131b. - Orders of quarantine or isolation. Appeal of order. Hearing.
Section 19a-131c. - Enforcement of order of quarantine or isolation.
Section 19a-131d. - Entry into quarantine or isolation premises.
Section 19a-131e. - Orders of vaccination. Appeal of order. Hearing.
Section 19a-131f. - Authorization to administer vaccinations.
Section 19a-131g. - Public Health Preparedness Advisory Committee.
Section 19a-131h. - Registration of deaths.
Section 19a-131i. - Immunity from personal liability.
Section 19a-131k. - Mandatory distribution of potassium iodide.
Section 19a-133. - Declaration of racism as a public health crisis.
Section 19a-133a. - Commission on Racial Equity in Public Health. Membership. Powers and duties.
Section 19a-133d. - Educational materials re pulse oximeters.