Bill Text: CT SB01131 | 2011 | General Assembly | Introduced
Bill Title: An Act Concerning Scrap Metal Processors, Professional And Occupational Retirement Status Licenses, And Generic Drug Product Substitutions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-04-01 - Referred by Senate to Committee on Public Health [SB01131 Detail]
Download: Connecticut-2011-SB01131-Introduced.html
General Assembly |
Raised Bill No. 1131 | ||
January Session, 2011 |
LCO No. 4162 | ||
*04162_______GL_* | |||
Referred to Committee on General Law |
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Introduced by: |
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(GL) |
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AN ACT CONCERNING CONSUMER PROTECTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 21-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) A scrap metal processor, as defined in section 14-67w, shall record, for all loads of scrap metal purchased or received by such processor, a description of such scrap metal, the weight of such metal, the price paid for such metal and the identification of the person who delivered such metal. The person who delivered such metal shall certify the origin of such metal in writing to such processor. Such scrap metal processor shall take a photograph of the motor vehicle delivering such scrap metal, including the license plate of such vehicle. Such scrap metal processor shall not be required to segregate scrap metal it receives from other materials on its premises and hold the same for five days except for wire or cable that could be used in the transmission of telecommunications or data or scrap equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company unless purchased from (1) a person licensed pursuant to section 29-402 to engage in the business of demolition of buildings, or (2) a person who has already segregated such scrap metal pursuant to this chapter and such person provides such scrap metal processor with a written statement affirming such segregation. Upon receipt of a load of scrap metal which contains wire or cable that could be used in the transmission of telecommunications or data or scrap equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company, such scrap metal processor shall take a photograph of the motor vehicle delivering such scrap metal, including the license plate of such vehicle, and of such load of scrap metal. Upon receipt of wire or cable that could be used in the transmission of telecommunications or data or scrap equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company, such scrap metal processor shall make a copy of the certificate of registration of such vehicle, record a description of the material received, and record a statement as to the location from which the material came.
(b) The scrap metal processor shall maintain the documents, photographs and other records required under subsection (a) of this section in good condition and shall retain such records for a period of not less than two years. Such records shall be open for inspection by law enforcement officials upon request during normal business hours.
(c) A scrap metal processor, junk dealer or junk yard owner or operator shall immediately notify a municipal law enforcement authority in the municipality in which such scrap metal processor, junk dealer or junk yard is located of the name, if known, and motor vehicle license plate number, if available, of any person offering to sell a bronze statue, plaque, historical marker, cannon, cannon ball, bell, lamp, lighting fixture, lamp post, architectural artifact or similar item to such scrap metal processor, junk dealer or junk yard owner or operator.
(d) No scrap metal processor, junk dealer or junk yard owner or operator may purchase or receive a stainless steel or aluminum alloy beer or other beverage keg container if such container is marked with an indicia of ownership of any person or entity other than the person or entity presenting such container for sale. For purposes of this subsection, "indicia of ownership" means words, symbols or a registered trademark printed, stamped, etched, attached or otherwise displayed on such container that identify the owner of such container.
(e) A scrap metal processor who has purchased scrap metal that is subsequently determined to have been stolen and is returned to the owner of such metal shall have a civil cause of action against the person from whom such metal was purchased.
(f) A first violation of subsection (a), (b), (c) or (d) of this section shall be a class C misdemeanor. A second violation of any of said subsections shall be a class B misdemeanor and a third or subsequent violation of any of said subsections shall be a class A misdemeanor.
Sec. 2. Subsection (c) of section 20-332 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(c) If, after a hearing in accordance with the regulations adopted by the Commissioner of Consumer Protection, it appears that the provisions of this chapter or the regulations adopted under this chapter have been violated, in addition to the penalties in this chapter, the [appropriate examining board, or the] commissioner, [or the commissioner's authorized agent] with the advice and consent of the appropriate examining board, shall report such violation to the office of the state's attorney for the judicial district in which such violation occurred.
Sec. 3. Section 20-341 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Any person who wilfully engages in or practices the work or occupation for which a license is required by this chapter without having first obtained an apprentice permit or a certificate and license for such work, or who wilfully employs or supplies for employment a person who does not have a certificate and license for such work, or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or who wilfully engages in or practices any of the work or occupations for which a license is required by this chapter after the expiration of such person's license, shall be guilty of a class B misdemeanor, provided no criminal charges shall be instituted against such person pursuant to this subsection unless the work activity in question is reviewed by the Commissioner of Consumer Protection, or the commissioner's authorized agent, and the commissioner or such agent specifically determines, in writing, that such work activity requires a license and is not the subject of a bona fide dispute between persons engaged in any trade or craft, whether licensed or unlicensed. Notwithstanding the provisions of subsection (d) or (e) of section 53a-29 and subsection (d) of section 54-56e, if the court determines that such person cannot fully repay any victims of such person within the period of probation established in subsection (d) or (e) of section 53a-29 or subsection (d) of section 54-56e, the court may impose probation for a period of not more than five years. The penalty provided in this subsection shall be in addition to any other penalties and remedies available under this chapter or chapter 416.
(b) The [appropriate examining board or the] Commissioner of Consumer Protection [may] shall, after notice and hearing and with the advice and consent of the appropriate examining board, impose a civil penalty on any person who engages in or practices the work or occupation for which a license or apprentice registration certificate is required by this chapter, chapter 394 or chapter 482 without having first obtained such a license or certificate, or who wilfully employs or supplies for employment a person who does not have such a license or certificate or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or who engages in or practices any of the work or occupations for which a license or certificate is required by this chapter, chapter 394 or chapter 482 after the expiration of the license or certificate or who violates any of the provisions of this chapter, chapter 394 or chapter 482 or the regulations adopted pursuant thereto. Such penalty shall be in an amount not more than one thousand dollars for a first violation of this subsection, not more than one thousand five hundred dollars for a second violation of this subsection and not more than three thousand dollars for each violation of this subsection occurring less than three years after a second or subsequent violation of this subsection, except that any individual employed as an apprentice but improperly registered shall not be penalized for a first offense.
(c) If [an examining board or] the Commissioner of Consumer Protection imposes a civil penalty under the provisions of subsection (b) of this section as a result of a violation initially reported by a municipal building official in accordance with subsection (c) of section 29-261, the commissioner shall, not less than sixty days after collecting such civil penalty, remit one-half of the amount collected to such municipality.
(d) A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(e) This section shall not apply to any person who (1) holds a license issued under this chapter, chapter 394 or chapter 482 and performs work that is incidentally, directly and immediately appropriate to the performance of such person's trade where such work commences at an outlet, receptacle or connection previously installed by a person holding the proper license, or (2) engages in work that does not require a license under this chapter, chapter 394 or chapter 482.
Sec. 4. (NEW) (Effective January 1, 2012) (a) Any person currently holding a license issued by the Department of Consumer Protection pursuant to title 20 of the general statutes may renew his or her license as a retirement status license, provided he or she does not intend to actively engage in the practice of the occupation or trade for which the license was originally issued.
(b) An applicant for a retirement status license shall submit their original license to the Department of Consumer Protection, along with a letter of request for such classification. The letter shall contain a statement expressing the licensee's current retirement status and the acceptance of a restriction on the license prohibiting the applicant from actively engaging in the practice of the occupation or trade for which the license was originally issued.
(c) Licensees who are issued a retirement status license may restore their original license by submitting a form, to be provided by the Department of Consumer Protection, requesting reinstatement and by paying the current annual fee for such license.
(d) Licensees who are issued a retirement status license shall not practice or offer to practice the occupation or trade for which their license was originally issued.
(e) The fee for a retirement status license shall be twenty dollars.
Sec. 5. (NEW) (Effective October 1, 2011) (a) A person who is attempting to collect a debt shall not attempt to contact any person by telephone at a residence if such debt collector is told by a person who answers the telephone at such residence that the alleged debtor the debt collector is attempting to contact does not live at such residence.
(b) A violation of subsection (a) of this section shall be considered an abusive, harassing, fraudulent, deceptive or misleading attempt to collect a debt in violation of section 36a-646 of the general statutes.
(c) In addition to any penalty prescribed in chapter 669 of the general statutes, any person who violates subsection (a) of this section shall be subject to a civil penalty of one thousand dollars per violation and each such violation shall be considered an unfair or deceptive act or practice pursuant to subsection (a) of section 42-110b of the general statutes.
Sec. 6. (NEW) (Effective from passage) Not later than December 31, 2011, the Commissioner of Consumer Protection shall, by regulations adopted in accordance with the provisions of chapter 54 of the general statutes, amend the form of the residential property condition disclosure report required to be provided to prospective purchasers of residential property in the state pursuant to section 20-327b of the general statutes. The amended form shall include, but not be limited to, "yes" or "no" answer choices for general information, system and utilities, building, structure and improvement-related questions on such form. Such amended form shall not contain a choice of "unknown" as an answer to any question on such form.
Sec. 7. Section 20-619 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) For the purposes of section 20-579 and this section:
(1) "Brand name" means the proprietary or trade name selected by the manufacturer and placed upon a drug product, its container, label or wrapping at the time of packaging;
(2) "Generic name" means the established name designated in the official United States Pharmacopoeia/National Formulary, official Homeopathic Pharmacopoeia of the United States, or official United States adopted names or any supplement to any of them;
(3) "Therapeutically equivalent" means drug products that are approved under the provisions of the federal Food, Drug and Cosmetics Act for interstate distribution and that will provide essentially the same efficacy and toxicity when administered to an individual in the same dosage regimen; and
(4) "Dosage form" means the physical formulation or medium in which the product is intended, manufactured and made available for use, including, but not limited to, tablets, capsules, oral solutions, aerosol, inhalers, gels, lotions, creams, ointments, transdermals and suppositories, and the particular form of any physical formulation or medium that uses a specific technology or mechanism to control, enhance or direct the release, targeting, systemic absorption, or other delivery of a dosage regimen in the body.
(b) Except as limited by subsections (c) and (e) of this section, unless the purchaser instructs otherwise, the pharmacist may substitute a generic drug product with the same strength, quantity, dose and dosage form as the prescribed drug product which is, in the pharmacist's professional opinion, therapeutically equivalent. When the prescribing practitioner is not reasonably available for consultation and the prescribed drug does not use a unique delivery system technology, the pharmacist may substitute an oral tablet, capsule or liquid form of the prescribed drug as long as the form dispensed has the same strength, dose and dose schedule and is therapeutically equivalent to the drug prescribed. The pharmacist shall inform the patient or a representative of the patient [, and the practitioner] of the substitution at the [earliest reasonable] time the generic drug product is dispensed and shall inform the practitioner of the substitution at the earliest reasonable time.
(c) A prescribing practitioner may specify in writing or by a telephonic or other electronic communication that there shall be no substitution for the specified brand name drug product in any prescription, provided (1) in any prescription for a Medicaid, state-administered general assistance, or ConnPACE recipient, such practitioner specifies the basis on which the brand name drug product and dosage form is medically necessary in comparison to a chemically equivalent generic drug product substitution, and (2) the phrase "BRAND MEDICALLY NECESSARY", shall be in the practitioner's handwriting on the prescription form or on an electronically-produced copy of the prescription form or, if the prohibition was communicated by telephonic or other electronic communication that did not reproduce the practitioner's handwriting, a statement to that effect appears on the form. The phrase "BRAND MEDICALLY NECESSARY" shall not be preprinted or stamped or initialed on the form. If the practitioner specifies by telephonic or other electronic communication that did not reproduce the practitioner's handwriting that there shall be no substitution for the specified brand name drug product in any prescription for a Medicaid, state-administered general assistance, or ConnPACE recipient, written certification in the practitioner's handwriting bearing the phrase "BRAND MEDICALLY NECESSARY" shall be sent to the dispensing pharmacy within ten days.
(d) Each pharmacy shall post a sign in a location easily seen by patrons at the counter where prescriptions are dispensed stating that, "THIS PHARMACY MAY BE ABLE TO SUBSTITUTE A LESS EXPENSIVE DRUG PRODUCT WHICH IS THERAPEUTICALLY EQUIVALENT TO THE ONE PRESCRIBED BY YOUR DOCTOR UNLESS YOU DO NOT APPROVE." The printing on the sign shall be in block letters not less than one inch in height.
(e) A pharmacist may substitute a drug product under subsection (b) of this section only when there will be a savings in cost passed on to the purchaser. The pharmacist shall disclose the amount of the savings at the request of the patient.
(f) Except as provided in subsection (g) of this section, when a pharmacist dispenses a substitute drug product as authorized by subsection (b) of this section, the pharmacist shall label the prescription container with the name of the dispensed drug product and with a statement that the dispensed drug product is a substitute for a brand name drug product, if applicable. Such statement shall include the name of the brand name drug product. If the dispensed drug product does not have a brand name, the prescription label shall indicate the generic name of the drug product dispensed along with the name of the drug manufacturer or distributor.
(g) A prescription dispensed by a pharmacist shall bear upon the label the name of the drug in the container unless the prescribing practitioner writes "DO NOT LABEL", or words of similar import, on the prescription or so designates in an oral or electronic transmission of the prescription.
(h) Neither the failure to instruct by the purchaser as provided in subsection (b) of this section nor the fact that a sign has been posted as provided in subsection (d) of this section shall be a defense on the part of a pharmacist against a suit brought by any such purchaser.
(i) The commissioner, with the advice and assistance of the commission, shall adopt regulations, in accordance with chapter 54, to carry out the provisions of this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
21-11a |
Sec. 2 |
October 1, 2011 |
20-332(c) |
Sec. 3 |
October 1, 2011 |
20-341 |
Sec. 4 |
January 1, 2012 |
New section |
Sec. 5 |
October 1, 2011 |
New section |
Sec. 6 |
from passage |
New section |
Sec. 7 |
October 1, 2011 |
20-619 |
Statement of Purpose:
To require persons delivering scrap metal to scrap metal processors to certify the origin of such metal, to improve enforcement of certain professional and occupational licensing, certification and registration laws, to authorize the Commissioner of Consumer Protection to issue retirement status licenses for certain occupations and trades, to prohibit certain abusive debt collection practices, to require the Commissioner of Consumer Protection to revise the residential property condition disclosure report form and to require pharmacists to provide more effective notice to patients who receive generic drug substitutes.
[Proposed deletions are enclosed in brackets. 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.]