Sec. 20-126o. *(See end of section for amended version of subsection (a) and effective date.) Disciplinary action by the department.
Sec. 20-126o. *(See end of section for amended version of subsection (a) and
effective date.) Disciplinary action by the department. *(a) The Department of Public
Health may take any of the actions set forth in section 19a-17 for any of the following
causes: (1) The presentation to the department of any diploma, license or certificate
illegally or fraudulently obtained, or obtained from an institution that is not accredited
or from an unrecognized or irregular institution or state board, or obtained by the practice
of any fraud or deception; (2) illegal conduct; (3) negligent, incompetent or wrongful
conduct in professional activities; (4) conviction of the violation of any of the provisions
of sections 20-126h to 20-126w, inclusive, by any court of criminal jurisdiction; (5) the
violation of any of the provisions of said sections or of the regulations adopted hereunder
or the refusal to comply with any of said provisions or regulations; (6) the aiding or
abetting in the practice of dental hygiene of a person not licensed to practice dental
hygiene in this state; (7) engaging in fraud or material deception in the course of professional activities; (8) the effects of physical or mental illness, emotional disorder or loss
of motor skill, including but not limited to, deterioration through the aging process, upon
the license holder; or (9) abuse or excessive use of drugs, including alcohol, narcotics or
chemicals. A violation of any of the provisions of sections 20-126h to 20-126w, inclusive, by any unlicensed employee in the practice of dental hygiene, with the knowledge
of his employer, shall be deemed a violation thereof by his employer. The Commissioner
of Public Health may order a license holder to submit to a reasonable physical or mental
examination if his physical or mental capacity to practice safely is the subject of an
investigation. Said commissioner may petition the superior court for the judicial district
of Hartford to enforce such order or any action taken pursuant to said section 19a-17.
(b) For purposes of subdivision (7) of subsection (a) of this section, fraud or material
deception shall include, but not be limited to, the following practices: (1) Submission
of a claim form to a third party intentionally reporting incorrect treatment dates for the
purpose of assisting a patient in obtaining benefits under a dental plan, which benefits
would otherwise be disallowed; (2) increasing a fee to a patient for a service in excess
of the fee charged solely because the patient has dental insurance; (3) intentionally
describing a dental hygiene procedure incorrectly on a third-party claim form in order
to receive a greater payment or reimbursement or intentionally misrepresenting a dental
hygiene procedure not otherwise eligible for payment or reimbursement on such claim
form for the purpose of receiving payment or reimbursement; and (4) intentionally accepting payment from a third party as payment in full for patient services rendered when
(A) the patient has been excused from payment of any applicable deductible by the
license holder and (B) such license holder fails to notify the third party of such action.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-149, S. 8; P.A. 95-220, S. 4-6; 95-257, S.
12, 21, 58.)
*Note: On and after January 1, 2010, subsection (a) of this section, as amended by
section 8 of public act 08-109, is to read as follows:
"(a) The Department of Public Health may take any of the actions set forth in section
19a-17 for any of the following causes: (1) The presentation to the department of any
diploma, license or certificate illegally or fraudulently obtained, or obtained from an
institution that is not accredited or from an unrecognized or irregular institution or state
board, or obtained by the practice of any fraud or deception; (2) illegal conduct; (3)
negligent, incompetent or wrongful conduct in professional activities; (4) conviction of
the violation of any of the provisions of sections 20-126h to 20-126w, inclusive, by any
court of criminal jurisdiction; (5) the violation of any of the provisions of said sections
or of the regulations adopted hereunder or the refusal to comply with any of said provisions or regulations; (6) the aiding or abetting in the practice of dental hygiene of a
person not licensed to practice dental hygiene in this state; (7) engaging in fraud or
material deception in the course of professional activities; (8) the effects of physical or
mental illness, emotional disorder or loss of motor skill, including, but not limited to,
deterioration through the aging process, upon the license holder; (9) abuse or excessive
use of drugs, including alcohol, narcotics or chemicals; or (10) failure to provide information to the Department of Public Health required to complete a health care provider
profile, as set forth in section 20-13j. A violation of any of the provisions of sections
20-126h to 20-126w, inclusive, by any unlicensed employee in the practice of dental
hygiene, with the knowledge of his employer, shall be deemed a violation thereof by
his employer. The Commissioner of Public Health may order a license holder to submit
to a reasonable physical or mental examination if his physical or mental capacity to
practice safely is the subject of an investigation. Said commissioner may petition the
superior court for the judicial district of Hartford to enforce such order or any action
taken pursuant to said section 19a-17."
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-149, S. 8; P.A. 95-220, S. 4-6; 95-257, S.
12, 21, 58; P.A. 08-109, S. 8.)
History: (Revisor's note: P.A. 88-230, P.A. 90-98 and P.A. 93-142 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of the 1994 regular and special sessions,
effective September 1, 1996); P.A. 95-220 changed effective date of P.A. 88-230 from September 1, 1996, to September
1, 1998; 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. 08-109 made a technical change and added failure to provide
information for health care provider profile to list of grounds for disciplinary action in Subsec. (a), effective January 1, 2010.