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Substitute Senate Bill No. 225

PUBLIC ACT NO. 96-148

AN ACT CONCERNING TELEMEDICINE LICENSURE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 20-9 of the general statutes, as amended by public act 95-98 and sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) No person shall, for compensation, gain or reward, received or expected, diagnose, treat, operate for or prescribe for any injury, deformity, ailment or disease, actual or imaginary, of another person, nor practice surgery, until he has obtained such a license as provided in section 20-10, AS AMENDED, and then only in the kind or branch of practice stated in such license.

(b) The provisions of this chapter shall not apply to: (1) Dentists while practicing dentistry only; (2) any person in the employ of the United States government while acting in the scope of his employment; (3) any person who furnishes medical or surgical assistance in cases of sudden emergency; (4) any person residing out of this state who is employed to come into this state to render temporary assistance to or consult with any physician or surgeon who has been licensed in conformity with the provisions of this chapter; (5) any physician or surgeon then actually residing out of this state who is employed to come into this state to treat, operate or prescribe for any injury, deformity, ailment or disease from which the person who employed such physician, or the person on behalf of whom such physician is employed, is suffering at the time when such nonresident physician or surgeon is so employed; (6) any person rendering service as an advanced practice registered nurse if such service is rendered under the direction of a licensed physician; (7) any nurse-midwife practicing nurse-midwifery in accordance with the provisions of chapter 377; (8) any podiatrist licensed in accordance with the provisions of chapter 375; (9) any Christian Science practitioner who does not use or prescribe in his practice any drugs, poisons, medicines, chemicals, nostrums or surgery; (10) any person licensed to practice any of the healing arts named in section 20-1, who does not use or prescribe in his practice any drugs, medicines, poisons, chemicals, nostrums or surgery; (11) any graduate of any school or institution giving instruction in the healing arts who has been issued a permit in accordance with subsection (a) of section 20-11a AS AMENDED and who is serving as an intern or resident in a hospital; (12) any student participating in a clinical clerkship program who has the qualifications specified in subsection (b) of section 20-11a AS AMENDED; (13) any person, otherwise qualified to practice medicine in this state except that he is a graduate of a medical school located outside of the United States or the Dominion of Canada which school is recognized by the American Medical Association or the World Health Organization, to whom the Connecticut Medical Examining Board, subject to such regulations as the Commissioner of Public Health, with advice and assistance from the board, prescribes, has issued a permit to serve as an intern or resident in a hospital in this state for the purpose of extending his education; (14) any person rendering service as a physician assistant licensed pursuant to section 20-12b, AS AMENDED a registered nurse, a licensed practical nurse or a paramedic, as defined in subsection (o) of section 19a-175, AS AMENDED, acting within the scope of regulations pursuant to section 19a-179, AS AMENDED, if such service is rendered under the supervision, control and responsibility of a licensed physician; (15) any student enrolled in an accredited physician assistant program or paramedic program approved in accordance with regulations adopted pursuant to section 19a-179, AS AMENDED,m who is performing such work as is incidental to his course of study; (16) any person who, on June 1, 1993, has worked continuously in this state since 1978 performing diagnostic radiology services and who continues to render such services under the supervision, control and responsibility of a licensed physician solely within the setting where such person was employed on June 1, 1993; (17) any person performing athletic training as described in section 19a-16a; (18) when deemed by the Connecticut Medical Examining Board to be in the public's interest, based on such considerations as academic attainments, specialty board certification and years of experience, to a foreign physician or surgeon whose professional activities shall be confined within the confines of a recognized medical school; (19) any technician engaging in tattooing in accordance with the provisions of section 19a-92a, AS AMENDED, and any regulations adopted thereunder.

(c) This section shall not authorize anyone to practice optometry as defined in chapter 380 or to practice dentistry or dental hygiene as defined in chapter 379.

(d) THE PROVISIONS OF SUBSECTION (a) OF THIS SECTION SHALL APPLY TO ANY INDIVIDUAL WHOSE PRACTICE OF MEDICINE INCLUDES ANY ONGOING, REGULAR OR CONTRACTUAL ARRANGEMENT WHEREBY, REGARDLESS OF RESIDENCY IN THIS OR ANY OTHER STATE, HE PROVIDES, THROUGH ELECTRONIC COMMUNICATIONS OR INTERSTATE COMMERCE, DIAGNOSTIC OR TREATMENT SERVICES, INCLUDING PRIMARY DIAGNOSIS OF PATHOLOGY SPECIMENS, SLIDES OR IMAGES, TO ANY PERSON LOCATED IN THIS STATE. IN THE CASE OF ELECTRONIC TRANSMISSIONS OF RADIOGRAPHIC IMAGES, LICENSURE SHALL BE REQUIRED FOR AN OUT-OF-STATE PHYSICIAN WHO PROVIDES, THROUGH AN ONGOING, REGULAR OR CONTRACTUAL ARRANGEMENT, OFFICIAL WRITTEN REPORTS OF DIAGNOSTIC EVALUATIONS OF SUCH IMAGES TO PHYSICIANS OR PATIENTS IN THIS STATE. THE PROVISIONS OF SUBSECTION (a) OF THIS SECTION SHALL NOT APPLY TO A NONRESIDENT PHYSICIAN WHO, WHILE LOCATED OUTSIDE THIS STATE, CONSULTS (A) ON AN IRREGULAR BASIS WITH A PHYSICIAN LICENSED BY SECTION 20-10 OF THE GENERAL STATUTES, AS AMENDED, WHO IS LOCATED IN THIS STATE OR (B) WITH A MEDICAL SCHOOL WITHIN THIS STATE FOR EDUCATIONAL OR MEDICAL TRAINING PURPOSES. NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, THE PROVISIONS OF SUBSECTION (a) OF THIS SECTION SHALL NOT APPLY TO ANY INDIVIDUAL WHO REGULARLY PROVIDES THE TYPES OF SERVICES DESCRIBED IN THIS SUBSECTION PURSUANT TO ANY AGREEMENT OR ARRANGEMENT WITH A SHORT-TERM ACUTE CARE GENERAL HOSPITAL, LICENSED BY THE DEPARTMENT OF PUBLIC HEALTH, PROVIDED SUCH AGREEMENT OR ARRANGEMENT WAS ENTERED INTO PRIOR TO FEBRUARY 1, 1996, AND IS IN EFFECT AS OF THE EFFECTIVE DATE OF THIS ACT.

Approved May 31, 1996. Effective October 1, 1996.

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