2004 Formal Opinions

Page 2 of 2

• J. Robert Galvin, M.D., M.P.H., Commissioner, Department of Public Health, Robert M. Murphy, N.D., Chairman, Connecticut State Board of Natureopathic Examiners, 2004-015 Formal Opinion, Attorney General of Connecticut

  In response to then Commissioner Joxel Garcia's and Chairman Murphy's requests, this is a formal opinion responding to the following questions: 1) Does "phototherapy" as used in Conn. Gen. Stat. § 20-34, incorporate the use of "laser therapy equipment"?; 2) Does the State Board of Natureopathic Examiners have the authority to expand its scope of practice either with or without the consent of the Commissioner?; 3) Does the Department of Health's use of the 1997 Connecticut Medical Examining Board's "declaratory ruling on use of hair removal" to prohibit a licensed natureopathic physician from employing laser hair removal constitute an unfair restriction of trade?

• Susan G. Townsley, Division of Special Revenue, 2004-007 Formal Opinion, Attorney General of Connecticut

  This is in response to your request for an opinion on whether your agency, consistent with the law, can approve a proposal by the Connecticut Lottery Corporation ("CLC") to launch a new lottery game with a "Treasure Island" theme featuring a novel second chance drawing feature.

• The Honorable Marc S. Ryan, Office of Policy and Management, 2004-009 Formal Opinion, Attorney General of Connecticut

  As you have described in prior communications, including your recent letter to me dated April 28, 2004, the Office of Policy and Management ("OPM") and the Department of Public Works ("DPW") have been attempting to make an appropriate and beneficial disposition of certain surplus State property, namely the property and facilities known as the Norwich State Hospital (the "Hospital"). You previously requested and received from me a formal opinion (dated April 12, 2004) treating certain questions regarding the legal ramifications of allowing a consultant to the State, named Spaulding & Slye, to submit a competitive proposal for its own purchase and development of the Hospital after it had worked for many months, under contract to the State, studying the possible development and sale of the Hospital, and helping to solicit and evaluate proposals for the property from other parties.

• The Honorable Jodi Rell, Office of the Governor, 2004-010 Formal Opinion, Attorney General of Connecticut

  You have asked me to determine whether the Ethics Commission adhered to applicable state statutes and regulations when it informed Alan Plofsky, the Commission's Executive Director, of the Commission's desire to suspend him without pay for two weeks as a result of remarks he made on June 3, 2004, to the League of Women voters concerning former Governor Rowland.

• The Honorable Michael J. Cicchetti, Office of Policy and Management, 2004-008 Formal Opinion, Attorney General of Connecticut

  In your capacity as Chairman of the Waterbury Financial Planning and Assistance Board (the "Board"), you have asked for an advisory opinion concerning the membership of the Board. Specifically, you have asked whether Board member Mr. Jack Cronan, an appointee of the Governor who is the chief executive officer of the Waterbury Teacher's Association, may continue to serve as a Board member following his planned retirement from employment with the City of Waterbury (the "City") on July 1, 2004 and end of his tenure as chief executive officer of the Waterbury Teacher's Association.