DCP: Newly Passed Laws, 2015 Session

Newly Passed Laws, 2015 Session

 
 
 

During the 2015 Legislative Session, the General Assembly passed and Governor Malloy signed the following Public Acts into law. 

SB 257, Public Act 15-4                   AN ACT CONCERNING REPORTING OF PAYMENTS BY MANUFACTURERS TO INDEPENDENTLY-PRACTICING ADVANCED PRACTICE REGISTERED NURSES

This act makes numerous changes to the date and manner of reporting requirements  by  manufacturers of covered drugs, devices, biologicals and medical supplies  on payments or other transfers of value they have made to Advanced Practice Registered Nurses (APRN’s) and subject to reporting to DCP.  The requirements replace those originally enacted in Public Acts 14-12 and 14-217.

Public Act 15-4:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00004-R00SB-00257-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00004-R01SB-00257-SUM.htm

 
 

HB 6886, Public Act 15-13   AN ACT CONCERNING THE APPLICABILITY OF GENETICALLY-ENGINEERED FOOD LABELING REQUIREMENTS TO NONALCOHOLIC MALT BEVERAGES

This act exempts nonalcoholic malt beverages from the law's genetically engineered food labeling requirements.

Public Act 15-13:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00013-R00HB-06886-PA.htm

OLR Summary:                  http://www.cga.ct.gov/2015/SUM/2015SUM00013-R01HB-06886-SUM.htm

 
 

SB 386,  Public Act 15-24                AN ACT CONCERNING ALCOHOLIC LIQUOR

This bill makes changes to the Liquor Control Act by:

1. banning powdered alcohol;

2. expanding the hours a bowling establishment permittee may sell alcohol outside of its bar area by allowing alcohol sales in the bowling alley area after 11:00 a.m., rather than after 2:00 p.m.;

3. allowing individuals age 16 and 17, rather than age 18, to be employed by businesses holding an alcoholic permit;

4. (a) limiting licensed farm wineries that offer tastings of free wine or brandy samples to dispensing such samples out of bottles or containers that hold up to two gallons and (b) allowing wineries to sell on their premises brandy manufactured from Connecticut-harvested fruit and distilled in-state but off the premises;

5. (a) allowing manufacturer permittees who produce less than 25,000 gallons to sell alcoholic liquor at retail, (b) limiting wholesale distribution to manufacturer permittees who sells less than 10,000 gallons a year, (c) eliminating a manufacturer permittee's ability to obtain a wholesaler permit, and (d) changing certain tasting requirements;

6. allowing cider manufacturer permittees to offer free samples of cider and apple wine;

7. requiring certain manufacturer permittees to offer nonalcoholic beverages;

8. allowing package stores to sell cigars; and

9. creates a farmers' market beer sales permit.

Public Act 15-24:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00024-R00SB-00386-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00024-R02SB-00386-SUM.htm

                ***SB 934, Public Act 15-30 further amended Sec. 30-48 of the Liquor Control Act, specifically to allow beer, brewpub, and beer and brewpub manufacturer permittees to also hold a farmers' market beer sales permit, created in PA 15-24.

Public Act 15-30:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00030-R00SB-00934-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00030-R02SB-00934-SUM.htm

 
 

SB 998, Public Act 15-49                AN ACT CONCERNING PRESCRIPTION DRUGS

This act expands prohibitions concerning counterfeit drugs and devices to include knowingly dispensing, importing, or reimporting into the state such drugs or devices.

Public Act 15-49:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00049-R00SB-00998-PA.htm

 
 
 

SB 975, Public Act 15-60            AN ACT MAKING MINOR AND TECHNICAL CHANGES TO DEPARTMENT OF CONSUMER PROTECTION STATUTES

This act increases from $5,000 to $10,000, the maximum restitution amount the Department of Consumer Protection (DCP) commissioner may order a respondent (the subject of a hearing) to pay a consumer under the Connecticut Unfair Trade Practices Act (CUTPA).

It allows consumers who apply to the Home Improvement and New Home Construction Guaranty funds to receive payment if they receive court orders and decrees, not just court judgements.

It removes the requirement that consumers submit “certified” copies of court judgments when applying to DCP for New Home Construction Guaranty Fund payments;

It amends the bazaar and raffle permitting process by (a) eliminating the requirement that applicants submit duplicate applications to DCP and (b) changing the permit payment process;

It allows golf ball-drop raffles to be conducted from a payloader, bucket truck, crane or similar vehicle, or platform, rather than just from a helicopter, hot air balloon, or other hovering aircraft; and

It makes a technical change concerning fire sprinkler layout licenses and real estate appraisers, thereby conforming the law to current practice by respectively removing (a) certain licenses that are not exempt from certification requirements from the list of exemptions and (b) language that does not comply with federal guidelines.

Public Act 15-60:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00060-R00SB-00975-PA.htm

OLR Summary:    http://www.cga.ct.gov/2015/SUM/2015SUM00060-R02SB-00975-SUM.htm

 
 

HB 5027, Public Act 15-76      AN ACT CONCERNING COTTAGE FOOD PRODUCTION

This legislation will allow the production of cottage foods in Connecticut.

Public Act:  http://www.cga.ct.gov/2015/ACT/PA/2015PA-00076-R00HB-05027-PA.htm

OLR Bill Analysis:   http://www.cga.ct.gov/2015/BA/2015HB-05027-R000393-BA.htm

                ***This public act was further amended by HB 6987, Public Act 15-242 (Sec. 57) to require DCP to promulgate regulations after consulting with DPH.

Public Act 15-242:    http://www.cga.ct.gov/2015/ACT/PA/2015PA-00242-R00HB-06987-PA.htm

 
 

HB 6773, Public Act 15-98          AN ACT CONCERNING LICENSURE REQUIREMENTS FOR REAL ESTATE BROKERS

This act modifies the education requirements for an initial real estate broker license.

Public Act:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00098-R00HB-06773-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00098-R02HB-06773-SUM.htm

 
 

SB 158, Public Act 15-104            AN ACT CONERNING LANDSCAPE ARCHITECT LICENSES

This bill modifies, for certain applicants, the experience needed to take the state landscape architect examination.

Public Act:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00104-R00SB-00158-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00104-R02SB-00158-SUM.htm

 
 

HB 5771, Public Act 15-116           AN ACT AUTHORIZING PHARMACISTS TO DISPENSE DRUGS IN NINETY-DAY QUANTITIES

This act allows a pharmacist to refill a prescription for a drug, other than a controlled drug, in an amount greater than the initial quantity prescribed by the practitioner under certain, specific circumstances.

Public Act 15-116:  http://www.cga.ct.gov/2015/ACT/PA/2015PA-00116-R00HB-05771-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00116-R02HB-05771-SUM.htm

 
 

HB 6451, Public Act 15-136        AN ACT PROHIBITING MANDATORY REGISTRATION FOR CERTAIN CONSUMER WARRANTY COVERAGE

This act prohibits manufacturers, distributors or retailers from conditioning the initial term of an express warranty for consumer goods on the consumer registering the goods.

Public Act 15-136:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00136-R00HB-06451-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00136-R02HB-06451-SUM.htm

 
 

HB 6730, Public Act 15-160        AN ACT CONCERNING THE ENFORCEMENT OF STAGE I VAPOR RECOVERY RESTRICTIONS AND SULFUR CONTENT REQUIREMENTS FOR DISTILLATE FUELS

This act establishes a procedure under which the Department of Energy and Environmental Protection (DEEP) commissioner may enforce proper operation of stage I vapor control recovery systems at gasoline dispensing facilities, such as gas stations.   It also amends a DCP statute in Chapter 296 to provide authority to DEEP to enforce the provisions of this act.

Public Act 15-160:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00160-R00HB-06730-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00160-R01HB-06730-SUM.htm

 
 

HB 6856, Public Act 15-198      AN ACT CONCERNING SUBSTANCE ABUSE AND OPIOID OVERDOSE PREVENTION

This act makes various changes affecting prescription drugs, drug abuse prevention, and related topics. It:

  1. requires practitioners, before prescribing more than a 72-hour supply of a controlled substance, to check the patient's record in the prescription drug monitoring program (PMP);
  2. requires practitioners to review the patient's record at least every 90 days if prescribing for prolonged treatment;
  3. makes other changes to the prescription drug monitoring program, including exempting opioid agonists from its reporting requirements in certain situations;
  4. allows pharmacists to prescribe opioid antagonists, used to treat drug overdoses, if they receive special training and certification to do so, and expands the existing immunity for all prescribers when prescribing, dispensing, or administering opioid antagonists;
  5. requires physicians, advanced practice registered nurses (APRNs), dentists, and physician assistants (PAs) to take continuing education in pain management and prescribing controlled substances;
  6. makes changes to membership and other matters concerning the Connecticut Alcohol and Drug Policy Council; and
  7. adds pharmacists to the definition of “healing arts” in the health care center (HMO) statutes.

Public Act 15-198:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00198-R00HB-06856-PA.htm

OLR Summary:  http://www.cga.ct.gov/2015/SUM/2015SUM00198-R02HB-06856-SUM.htm

***The PMP statute was further modified in Sec. 354 of June Special Session Public Act 15-5.  Under current law, pharmacists and other controlled substance dispensers must generally report certain prescription information to DCP through the PMP program, such as the dispensing date, dispenser identification and prescription number, and patient identifying information.

Currently, they must report this information to the program at least weekly. Starting July 1, 2016, the bill requires them to report to the program immediately after dispensing controlled substances but in no event more than 24 hours after doing so. The bill also requires the information to be submitted electronically according to a DCP-approved format.  

Public Act 15-5 June Special Session (See Sec. 354):  http://www.cga.ct.gov/2015/ACT/PA/2015PA-00005-R00SB-01502SS1-PA.htm 

 
 

HB 5780, Public Act 15-202                     AN ACT LEGALIZING INDUSTRIAL HEMP

This act removes industrial hemp from state law's definitions of “marijuana” and “cannabis-type substances,” thereby removing its classification as a controlled substance.

Public Act 15-202:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00202-R00HB-05780-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00202-R01HB-05780-SUM.htm

 
 
 

SB 28, Public Act 15-219                AN ACT CONCERNING MANUFACTURER NAMES, MEDWATCH REPORTING INFORMATION AND BRAND NAMES ON GENERIC DRUG CONTAINERS

This act expands the information pharmacists must provide when dispensing generic prescription drugs. 

Public Act 15-219:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00219-R00SB-00028-PA.htm

OLR Summary:  http://www.cga.ct.gov/2015/SUM/2015SUM00219-R02SB-00028-SUM.htm

 
 

SB 111, Public Act 15-220                  AN ACT CONCERNING SUSHI RICE

This act requires the Department of Public Health (DPH) by October 1, 2016 in consultation with the Department of Consumer Protection (DCP) to adopt regulations allowing the acidification of sushi rice as an alternative to temperature control.   It allows restaurants and catering establishments, if they conform to the regulations to use acidification instead of temperature control.

Public Act 15-220:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00220-R00SB-00111-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00220-R02SB-00111-SUM.htm

 
 

SB 99, Public Act 15-230                AN ACT CONCERNING NEW CAR DEALERS AND INFORMATION REGARDING THE MAGNUSON-MOSS WARRANTY ACT, WRITTEN NOTICE FOR HOMEMAKER OR COMPANION SERVICE REGISTRIES AND TELEPHONE SOLICITORS WHO MAKE UNSOLICITED AND INTENTIONALLY MISLEADING TELEPHONE CALLS TO CONSUMERS.

This act makes three unrelated changes to current laws. 

It requires DCP to compensate anyone who provides material information that results in an investigation and enforcement action against a telephone solicitor that engages in certain illegal acts or that intentionally tries to mislead a consumer.

It requires new car dealers to provide a written statement notifying a purchaser that federal law prohibits voiding a warranty simply because aftermarket or recycled parts were used on the vehicle or someone other than the dealer serviced the vehicle.

And it reduces the timeframe from seven to four calendar days for homemaker-companion registries to provide a written notice to consumers.

Public Act 15-230:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00230-R00SB-00099-PA.htm

OLR Summary:   http://www.cga.ct.gov/2015/SUM/2015SUM00230-R02SB-00099-SUM.htm

 
 

 HB 7061, Public Act 15-244       AN ACT CONCERNING THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2017, AND MAKING APPROPRIATIONS THEREFOR, AND OTHER PROVISIONS RELATED TO REVENUE, DEFICIENCY APPROPRIATIONS AND TAX FAIRNESS AND ECONOMIC DEVELOPMENT

LIQUOR CONTROL ACT CHANGES:        Sections 78-82 make changes to the Liquor Control Act, specifically, the act allows restaurant, café, and tavern alcohol permittees to sell at retail permittee-provided and sealed containers with draught beer for off-premises consumption. In the case of a restaurant permittee, the bill (1) additionally requires that the containers be filled by the permittee and (2) prohibits manufacturer, out-of-state shipper, and wholesale permittees from supplying the restaurant permittee with the authorized containers or any draught system component, other than tapping accessories. These retail sales are limited to (1) four liters of beer per day to any individual and (2) the authorized hours for off-premises alcohol consumption sales (see below).

The act increases the number of package store or druggist liquor permits in which a person may have an interest from three to four, on July 1, 2015 and from four to five, on July 1, 2016.

The act also expands the hours for off-premises alcohol sales by (1) package, drug, and grocery stores; (2) beer and beer and brew pub manufacturers; and (3) retailers selling gift baskets containing wine. These expanded hours also apply to package stores' on-premises offerings, tastings, classes, and demonstrations.

The bill generally allows the off-premises sale and dispensing of alcohol on Sundays from 10:00 a.m. to 6:00 p.m., rather than 5:00 p.m., and any other day from 8:00 a.m. to 10:00 p.m., rather than 9:00 p.m.

The bill also extends, by one hour, from 9:00pm to 10:00pm, the hours during which farm winery manufacturer, nonprofit golf tournament, and farmers' markets wine sales permittees may sell alcohol. In the case of farm winery manufacturer permittees, it similarly extends the hours during which they may offer tastings of free wine samples.

Public Act 15-244:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00244-R00HB-07061-PA.htm

KENO:  Sections 103-106 of the act allows the Connecticut Lottery Corporation (CLC) to offer Keno games. Under the bill, Keno is not operated on a video facsimile machine. Additionally, the CLC may not operate Keno until the state, through the Office of Policy and Management (OPM), enters agreements with the Mashantucket Pequot and Mohegan tribes regarding CLC's operation of Keno. The bill also gives CLC the exclusive right to operate and manage the sale of all lottery games in Connecticut, except on the Mashantucket Pequot and Mohegan reservations.

Public Act 15-244:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00244-R00HB-07061-PA.htm

***This language was further modified in Sec. 138 of SB 1502 (June Special Session Public Act 15-5) to limit the total amount of gross Keno revenue the state may give to a tribe under an agreement to 12.5% of that revenue after subtracting prize payments.

          See Sec. 138:  http://www.cga.ct.gov/2015/ACT/PA/2015PA-00005-R00SB-01502SS1-PA.htm

ELECTRONIC CIGARETTE LIQUID AND NICOTINE DELIVERY SYSTEM:   Sections 108-110 mandate that beginning on January 1, 2016, anyone seeking a dealer or manufacturer registration or registration renewal must apply to DCP, using a DCP-prescribed form. The application must include (1) the applicant's name and address; (2) the business' location; (3) a financial statement detailing any business transactions connected to the application; (4) the applicant's criminal convictions; and (5) proof that the business location will meet state and local building, fire, and zoning requirements. The bill authorizes DCP to conduct an investigation to determine whether to issue an applicant's registration.

Public Act 15-244:   http://www.cga.ct.gov/2015/ACT/PA/2015PA-00244-R00HB-07061-PA.htm

Bill Analysis (See Sec. 108-111):  http://www.cga.ct.gov/2015/BA/2015HB-07061-R01-BA.htm

 
 

SB 1502, June Special Session Public Act 15-5             AN ACT IMPLEMENTING PROVISIONS OF THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2017, CONCERNING GENERAL GOVERNMENT, EDUCATION, HEALTH AND HUMAN SERVICES AND BONDS OF THE STATE

MICROBEADS:    Section 50 of this act phases in bans on manufacturing for sale, importing, selling or offering for sale personal care products and over-the-counter drugs with intentionally added synthetic solid plastic particles of five millimeters or less in size that are (1) used to exfoliate or cleanse and (2) intended to be rinsed or washed off the body and deposited into a sink, shower, or bathtub drain (i.e., microbeads).

Public Act 15-5 (June Special Session):  http://www.cga.ct.gov/2015/ACT/PA/2015PA-00005-R00SB-01502SS1-PA.htm

OLR Bill Analysis (See Sec. 50):  http://www.cga.ct.gov/2015/BA/2015SB-01502-R00SS1-BA.htm 

SWIMMING POOL ASSEMBLER LICENSE:    Sec. 405 of this act creates a swimming pool assembler license and requires DCP to promulgate regulations by April 1, 2016.

Public Act 15-5 (June Special Session):  http://www.cga.ct.gov/2015/ACT/PA/2015PA-00005-R00SB-01502SS1-PA.htm

OLR Bill Analysis (See Sec. 414):  http://www.cga.ct.gov/2015/BA/2015SB-01502-R00SS1-BA.htm

          ***NOTE:  A previous version of the swimming pool installers license contained in HB 7061, (Public Act 15-244) was repealed in Section 517 of this bill.

 
 
SB 1090, Special Act 15-7             AN ACT CONCERNING GAMING

This bill creates a process for the possible establishment of an off-reservation casino in the state. It allows the Mohegans and Mashantucket Pequots, through a business entity owned exclusively by them, to issue a request for proposals (RFP) to possibly establish an off-reservation casino.  The entity must submit the RFP to DCP, which must post it on its Internet website.

Special Act 15-7:  http://www.cga.ct.gov/2015/ACT/SA/2015SA-00007-R00SB-01090-SA.htm

OLR Bill Analysis:   http://www.cga.ct.gov/2015/BA/2015SB-01090-R01-BA.htm

 
 

SB 976, Special Act 15-12           AN ACT CONCERNING A STUDY OF THE FAIR SALE OF TICKETS TO ENTERTAINMENT EVENTS

This act requires the Department of Consumer Protection to conduct a study concerning the fair sale of tickets to entertainment events and to submit the report the legislature’s General Law Committee by January 1, 2016.

Special Act 15-12:   http://www.cga.ct.gov/2015/ACT/SA/2015SA-00012-R00SB-00976-SA.htm



Content Last Modified on 3/4/2016 12:42:24 PM