2004 Formal Opinions

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• 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?

• Gerald D. Farrell, Jr., Chairman , State Marshal Commission , 2004-005 Formal Opinion, Attorney General of Connecticut

  In separate letters to us you requested our advice on two questions concerning indemnification of state marshals. Your first question seeks our opinion on whether state marshals serving capias warrants on behalf of Support Enforcement Services are entitled to indemnification by the State of Connecticut. Your second question asks whether state marshals who train new appointees would be indemnified under Connecticut General Statutes § 4-165.

• Diane Goss Farrell & Kenneth M. McKeever, Esq. , Town of Westport & Town of Lyme , 2004-006 Formal Opinion, Attorney General of Connecticut

  I write in response to your letters, which request my interpretation of Connecticut's General Statutes as they pertain to the legality of same sex marriages in our state. Specifically, you wish to know whether local officials may issue marriage licenses to, or perform marriage ceremonies for, same sex couples.

• 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 Kevin B. Sullivan, Connecticut General Assembly, 2004-003 Formal Opinion, Attorney General of Connecticut

  You have asked for a formal legal opinion regarding the recommendation by the Judicial Selection Commission of Joseph Mengacci for nomination as a judge. You ask specifically what actions constitute "consideration" of a candidate's application by the Judicial Selection Commission (hereinafter "Commission"). As you set forth in your letter, Conn. Gen. Stat. § 51-44a(l) prohibits a former Commission member from being "considered for recommendation to the governor for nomination as a judge" for two years after termination of his tenure on the Commission.