(a) On and after January 1, 2021, except as provided in subsection (g) of this section, no person may practice as a nail technician without obtaining a license or temporary permit from the department under this section or § 20-265f or a nail technician trainee license under § 20-265e.

(b) On and after October 1, 2020, each person seeking an initial license as a nail technician shall apply to the department on a form prescribed by the department, accompanied by an application fee of one hundred dollars and evidence that the applicant (1) has completed a course of not less than one hundred hours of study and received a certificate of completion from a school approved under § 20-265g or § 20-262 or in a school outside of the state whose requirements are equivalent to a school approved under § 20-265g, or (2) (A) if the applicant is applying on or before January 1, 2022, has practiced as a nail technician continuously in this state for a period of not less than two years prior to January 1, 2021, and is in compliance with the infection prevention and control plan guidelines prescribed by the department under § 19a-231 in the form of an attestation, or (B) has obtained a license as a nail technician trainee and a statement signed by the applicant’s supervisor at the spa or salon where the licensed nail technician trainee is employed documenting completion of the minimum requirements specified in § 20-265e. If an applicant employed as a nail technician on or after September 30, 2020, does not have evidence satisfactory to the commissioner of continuous practice as a nail technician for not less than two years, such applicant may apply to the department for a nail technician trainee license, under § 20-265e, provided such person applies for an initial trainee license not later than January 1, 2021.

(c) The department may grant a license under this section to any person who is licensed at the time of application as a nail technician or entitled to perform similar services under a different designation in another state of the United States, the District of Columbia or a commonwealth or territory subject to the laws of the United States and who submits evidence satisfactory to the commissioner of (1) a current license in good standing to practice as a nail technician from such other state, district, commonwealth or territory, and (2) licensed practice in such state, district, commonwealth or territory for a period of at least two years immediately preceding the application. Pending approval of the application for a license, the commissioner may issue a temporary permit to such applicant upon receipt of a completed application, the application fee in accordance with subsection (b) of this section and a copy of the current license from such other state, district, commonwealth or territory. Such temporary permit shall be valid for a period not exceeding one hundred twenty calendar days and shall not be renewable.

(d) Any license issued under this section shall expire in accordance with the provisions of § 19a-88 and may be renewed every two years, for a fee of one hundred dollars. No person shall carry on the occupation of nail technician after the expiration of such person’s license until such person has applied to the department for a renewal of such license.

(e) No person shall use the title “nail technician” or similar title unless the person holds a license or temporary permit issued under this section.

(f) The provisions of this section shall not apply to a physician; an advanced practice registered nurse rendering service in collaboration with a physician; a registered nurse executing the medical regimen under the direction of a licensed physician, dentist or advanced practice registered nurse; a physician assistant rendering service under the supervision, control and responsibility of a physician; a podiatrist or a student enrolled in a program at a school in the Technical Education and Career System established under § 10-95.

(g) A person may practice temporarily as a nail technician in this state without a license or temporary permit if such person, at an event such as a professional course, seminar, workshop, trade show or product demonstration, (1) provides instruction on techniques related to being a nail technician, or (2) participates in the demonstration of the practice of being a nail technician or a product related to such practice as part of such event, provided such person (A) is licensed or certified in the state, territory or possession of the United States or foreign country where such person primarily practices as a nail technician if such licensure or certification is required by such state, territory, possession or foreign country; (B) practices as a nail technician under the direct supervision of a licensed nail technician; (C) does not receive compensation for practicing as a nail technician in this state, other than for providing instruction for such practice to persons in attendance at the course, seminar, workshop, trade show or other event; and (D) provides instruction or demonstrates techniques or services related to practicing as a nail technician only for persons enrolled in the course, seminar or workshop or attending the trade show or other event at which such person provides instruction, demonstrates a product or offers such services. Any person or organization that holds or produces a course, seminar, workshop, trade show or other event at which nail technicians without a license or temporary permit provide instruction, participate in a demonstration or offer services related to the practice of a nail technician shall ensure compliance with the provisions of this subsection.

(h) No license or temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in any state or jurisdiction.

(i) The Commissioner of Public Health may deny an application of an individual or take any disciplinary action set forth in § 19a-17 against a nail technician for failure to conform to the accepted standards of the profession, including, but not limited to: (1) Conviction of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the license holder’s ability to safely or competently practice as a nail technician, (B) information pertaining to the degree of rehabilitation of the license holder, and (C) the time elapsed since the conviction or release; (2) fraud or deceit in obtaining or seeking reinstatement of a license to practice as a nail technician; (3) fraud or deceit in the practice of a nail technician; (4) negligent, incompetent or wrongful conduct in professional activities; (5) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; or (6) abuse or excessive use of drugs, including, alcohol, narcotics or chemicals. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to § 19a-17. The commissioner shall give notice and an opportunity to be heard on any contemplated action under § 19a-17.

(j) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

(k) (1) Any individual who has been convicted of any criminal offense may request, at any time, that the commissioner determine whether such individual’s criminal conviction disqualifies the individual from obtaining a license issued or conferred by the commissioner pursuant to this section based on (A) the nature of the conviction and its relationship to the individual’s ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual.

(2) An individual making such request shall include (A) details of the individual’s criminal conviction, and (B) any payment required by the commissioner. The commissioner may charge a fee of not more than fifteen dollars for each request made under this subsection. The commissioner may waive such fee.

(3) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a license issued pursuant to this section.

(4) The commissioner is not bound by a determination made under this section, if, upon further investigation, the department determines that the individual’s criminal conviction differs from the information presented in the determination request.