Section 20-638b - Petition re inability of pharmacist or pharmacy intern to practice with reasonable skill or safety. Report re arrest or disciplinary action. Investigation. Disclosure. Procedure(a)(1) Any health care professional, hospital, pharmacy, pharmacist or pharmacy intern shall, and any other person may, file a petition with the Department of Consumer Protection when such health care professional, hospital, pharmacy, pharmacist, pharmacy intern or other person has any information that appears to show that a pharmacist or pharmacy intern is, or may be, unable to practice such pharmacist's or pharmacy intern's profession with reasonable skill or safety for any of the following reasons: (A) Physical illness or loss of motor skill, including, but not limited to, deterioration through the aging process; (B) emotional disorder or mental illness;(C) abuse or excessive use of drugs, including, but not limited to, alcohol, narcotics or other chemicals; (D) illegal, incompetent or negligent conduct in the practice of such pharmacist's or pharmacy intern's profession;(E) possession, use, prescription for use or distribution of controlled substances or legend drugs, except for therapeutic or other medically proper purposes;(F) misrepresentation or concealment of a material fact in obtaining or reinstating a license or registration to practice such pharmacist's or pharmacy intern's profession; or(G) violation of any provision of this chapter or any regulation adopted under this chapter.(2) A health care professional, hospital, pharmacy, pharmacist or pharmacy intern shall, and any other person may, file a petition described in subdivision (1) of this subsection not later than thirty days after obtaining the information to support such petition. Each petition shall be filed with the Department of Consumer Protection in a form and manner prescribed by the Commissioner of Consumer Protection.(b) Any health care professional, hospital, pharmacy, pharmacist or pharmacy intern that refers a pharmacist or pharmacy intern to the assistance program for intervention shall be deemed to have satisfied the obligations imposed on such health care professional, hospital, pharmacy, pharmacist or pharmacy intern under subsection (a) of this section with respect to the pharmacist's or pharmacy intern's inability to practice such pharmacist's or pharmacy intern's profession with reasonable skill or safety due to chemical dependency, emotional or behavioral disorder or physical or mental illness.(c) Any pharmacist or pharmacy intern who has been the subject of an arrest arising out of an allegation of the possession, use, prescription for use or distribution of alcohol, a controlled substance or a legend drug shall, not later than thirty days after such arrest, send notice to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, disclosing such arrest. Such pharmacist or pharmacy intern shall be deemed to have satisfied such notice requirement if such pharmacist or pharmacy intern seeks intervention with the assistance program during such thirty-day period.(d) If a duly authorized professional disciplinary agency of any state, the District of Columbia, a United States possession or territory or a foreign jurisdiction takes any disciplinary action against a pharmacist or pharmacy intern that is similar in nature to any action specified in section 20-579, the pharmacist or pharmacy intern shall report such disciplinary action to the Department of Consumer Protection not later than thirty days after such agency takes such action. Any failure to report in accordance with the provisions of this subsection may constitute grounds for disciplinary action under this chapter.(e) No health care professional, hospital, pharmacy, pharmacist, pharmacy intern or other person who files a petition pursuant to subsection (a) of this section, or provides any information to the Department of Consumer Protection or the assistance program, shall, without a showing of malice, be liable for damage or injury to the pharmacist or pharmacy intern for filing such petition or providing such information. The assistance program shall not be liable for damage or injury to the pharmacist or pharmacy intern without a showing of malice.(f) The Department of Consumer Protection shall investigate each petition filed pursuant to subsection (a) of this section, in accordance with the provisions of section 21a-11, to determine if probable cause exists to issue a statement of charges and institute proceedings against the pharmacist or pharmacy intern under subsection (i) of this section.(g) As part of an investigation of a petition filed pursuant to subsection (a) of this section, the Department of Consumer Protection may order the pharmacist or pharmacy intern to submit to a physical or mental examination to be performed by a physician or an advanced practice registered nurse chosen from a list approved by the department. The Department of Consumer Protection may seek the advice of established medical organizations or health care professionals in determining the nature and scope of any diagnostic examinations to be used as part of any such physical or mental examination. The chosen physician or advanced practice registered nurse shall make a written statement of such physician's or advanced practice registered nurse's findings.(h) If the pharmacist or pharmacy intern fails to obey the Department of Consumer Protection's order to submit to an examination or attend a hearing, the department may petition the superior court for the judicial district of Hartford to order such examination or attendance and said court, or any judge assigned to said court, shall have jurisdiction to issue such order.(i) Subject to the provisions of section 4-182, the Department of Consumer Protection shall not restrict, suspend or revoke any license or registration, or limit a pharmacist's or pharmacy intern's right to practice the pharmacist's or pharmacy intern's profession, until the pharmacist or pharmacy intern has been given notice and opportunity for hearing in accordance with said section.Conn. Gen. Stat. § 20-638b
Added by P.A. 23-0204,S. 253 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.