Text of CT HB 6666 (2021)
An Act Concerning The Department Of Public Health's Recommendations Regarding Various Revisions To The Public Health Statutes.
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As introduced
215,602 characters
LCO No. 5823
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General Assembly
Raised Bill No. 6666
January Session, 2021
LCO No. 5823
*05823_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S
RECOMMENDATIONS REGARDING VARIOUS REVISIONS TO THE
PUBLIC HEALTH STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 73 of public act 19-117 is repealed and the following
1
is substituted in lieu thereof (Effective October 1, 2021):
2
Notwithstanding any provision of title 19a or 25 of the general
3
statutes, [and not later than March 1, 2020,] a director of health of a town,
4
city or borough or of a district department of health appointed pursuant
5
to section 19a-200 or 19a-242 of the general statutes may issue a permit
6
for a replacement public well if the Department of Public Health has
7
approved such replacement public well pursuant to subsection (b) of
8
section 25-33 of the general statutes, as amended by this act. For
9
purposes of this section, "replacement public well" means a public well
10
that (1) replaces an existing public well, [in a town in southeastern
11
Connecticut with a population between fifteen thousand and fifteen
12
thousand three hundred, as enumerated by the 2010 federal decennial
13
census,] and (2) does not meet the sanitary radius and minimum setback
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requirements as specified in the regulations of Connecticut State
15
Agencies.
16
Sec. 2. Subsection (b) of section 25-33 of the general statutes is
17
repealed and the following is substituted in lieu thereof (Effective October
18
1, 2021):
19
(b) No system of water supply owned or used by a water company
20
shall be constructed or expanded or a new additional source of water
21
supply utilized until the plans therefor have been submitted to and
22
reviewed and approved by the department, except that no such prior
23
review or approval is required for distribution water main installations
24
that are constructed in accordance with sound engineering standards
25
and all applicable laws and regulations. A plan for any proposed new
26
source of water supply submitted to the department pursuant to this
27
subsection shall include documentation that provides for: (1) A brief
28
description of potential effects that the proposed new source of water
29
supply may have on nearby water supply systems including public and
30
private wells; and (2) the water company's ownership or control of the
31
proposed new source of water supply's sanitary radius and minimum
32
setback requirements as specified in the regulations of Connecticut state
33
agencies and that such ownership or control shall continue to be
34
maintained as specified in such regulations. If the department
35
determines, based upon documentation provided, that the water
36
company does not own or control the proposed new source of water
37
supply's sanitary radius or minimum setback requirements as specified
38
in the regulations of Connecticut state agencies, the department shall
39
require the water company proposing a new source of water supply to
40
supply additional documentation to the department that adequately
41
demonstrates the alternative methods that will be utilized to assure the
42
proposed new source of water supply's long-term purity and adequacy.
43
In reviewing any plan for a proposed new source of water supply, the
44
department shall consider the issues specified in this subsection. The
45
Commissioner of Public Health may adopt regulations, in accordance
46
with the provisions of chapter 54, to carry out the provisions of this
47
subsection and subsection (c) of this section. For purposes of this
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subsection and subsection (c) of this section, "distribution water main
49
installations" means installations, extensions, replacements or repairs of
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public water supply system mains from which water is or will be
51
delivered to one or more service connections and which do not require
52
construction or expansion of pumping stations, storage facilities,
53
treatment facilities or sources of supply. Notwithstanding the
54
provisions of this subsection, the department may approve any location
55
of a replacement public well, if such replacement public well is (A)
56
necessary for the water company to maintain and provide to its
57
consumers a safe and adequate water supply, (B) located in an aquifer
58
of adequate water quality determined by historical water quality data
59
from the source of water supply it is replacing, and (C) in a more
60
protected location when compared to the source of water supply it is
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replacing, as determined by the department. For purposes of this
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subsection, "replacement public well" means a public well that (i)
63
replaces an existing public well, [in a town in southeastern Connecticut
64
with a population between fifteen thousand and fifteen thousand three
65
hundred, as enumerated by the 2010, federal decennial census,] and (ii)
66
does not meet the sanitary radius and minimum setback requirements
67
as specified in the regulations of Connecticut state agencies.
68
Sec. 3. Section 8-3i of the general statutes is repealed and the
69
following is substituted in lieu thereof (Effective October 1, 2021):
70
(a) As used in this section "water company" means a water company,
71
as defined in section 25-32a, and "petition" includes a petition or
72
proposal to change the regulations, boundaries or classifications of
73
zoning districts.
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(b) When an application, petition, request or plan is filed with the
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zoning commission, planning and zoning commission or zoning board
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of appeals of any municipality concerning any project on any site that is
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within the aquifer protection area delineated pursuant to section 22a-
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354c or the watershed of a water company, the applicant or the person
79
making the filing shall: (1) [provide] Provide written notice of the
80
application, petition, request or plan to the water company and the
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[Commissioner of Public Health in a format prescribed by said
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commissioner, provided such water company or said commissioner has
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filed a map showing the boundaries of the watershed on the land
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records of the municipality in which the application, petition, request or
85
plan is made and with the planning commission, zoning commission,
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planning and zoning commission or zoning board of appeals of such
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municipality or the aquifer protection area has been delineated in
88
accordance with section 22a-354c, as the case may be] Department of
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Public Health; and (2) determine if the project is within the watershed
90
of a water company by consulting the maps posted on the department's
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Internet web site showing the boundaries of the watershed. Such notice
92
shall be [made] sent to the water company by certified mail, return
93
receipt requested, and to the department by electronic mail to the
94
electronic mail address designated on its Internet web site for receipt of
95
such notice. Such notice shall be mailed not later than seven days after
96
the date of the application. Such water company and the Commissioner
97
of Public Health may, through a representative, appear and be heard at
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any hearing on any such application, petition, request or plan.
99
(c) Notwithstanding the provisions of subsection (b) of this section,
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when an agent of the zoning commission, planning and zoning
101
commission or zoning board of appeals is authorized to approve an
102
application, petition, request or plan concerning any site that is within
103
the aquifer protection area delineated pursuant to section 22a-354c or
104
the watershed of a water company without the approval of the zoning
105
commission, planning and zoning commission or zoning board of
106
appeals, and such agent determines that the proposed activity will not
107
adversely affect the public water supply, the applicant or person making
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the filing shall not be required to notify the water company or the
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[Commissioner] Department of Public Health.
110
Sec. 4. Section 22a-42f of the general statutes is repealed and the
111
following is substituted in lieu thereof (Effective October 1, 2021):
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When an application is filed to conduct or cause to be conducted a
113
regulated activity upon an inland wetland or watercourse, any portion
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of which is within the watershed of a water company as defined in
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section 25-32a, the applicant shall: (1) [provide] Provide written notice
116
of the application to the water company and the [Commissioner of
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Public Health in a format prescribed by said commissioner, provided
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such water company or said commissioner has filed a map showing the
119
boundaries of the watershed on the land records of the municipality in
120
which the application is made and with the inland wetlands agency of
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such municipality] Department of Public Health; and (2) determine if
122
the project is within the watershed of a water company by consulting
123
the maps posted on the department's Internet web site showing the
124
boundaries of the watershed. Such notice shall be [made] sent to the
125
water company by certified mail, return receipt requested, and to the
126
department by electronic mail to the electronic mail address designated
127
by the department on its Internet web site for receipt of such notice. Such
128
notice shall be mailed not later than seven days after the date of the
129
application. The water company and the Commissioner of Public
130
Health, through a representative, may appear and be heard at any
131
hearing on the application.
132
Sec. 5. Section 19a-111 of the general statutes is repealed and the
133
following is substituted in lieu thereof (Effective October 1, 2021):
134
Upon receipt of each report of confirmed venous blood lead level
135
equal to or greater than twenty micrograms per deciliter of blood, the
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local director of health shall make or cause to be made an
137
epidemiological investigation of the source of the lead causing the
138
increased lead level or abnormal body burden and shall order action to
139
be taken by the appropriate person responsible for the condition that
140
brought about such lead poisoning as may be necessary to prevent
141
further exposure of persons to such poisoning. In the case of any
142
residential unit where such action will not result in removal of the
143
hazard within a reasonable time, the local director of health shall utilize
144
such community resources as are available to effect relocation of any
145
family occupying such unit. The local director of health may permit
146
occupancy in said residential unit during abatement if, in such director's
147
judgment, occupancy would not threaten the health and well-being of
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the occupants. The local director of health shall, not later than thirty
149
days after the conclusion of such director's investigation, report to the
150
Commissioner of Public Health, using a web-based surveillance system
151
as prescribed by the commissioner, the result of such investigation and
152
the action taken to ensure against further lead poisoning from the same
153
source, including any measures taken to effect relocation of families.
154
Such report shall include information relevant to the identification and
155
location of the source of lead poisoning and such other information as
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the commissioner may require pursuant to regulations adopted in
157
accordance with the provisions of chapter 54. The commissioner shall
158
maintain comprehensive records of all reports submitted pursuant to
159
this section and section 19a-110. Such records shall be geographically
160
indexed in order to determine the location of areas of relatively high
161
incidence of lead poisoning. The commissioner shall establish, in
162
conjunction with recognized professional medical groups, guidelines
163
consistent with the National Centers for Disease Control and Prevention
164
for assessment of the risk of lead poisoning, screening for lead poisoning
165
and treatment and follow-up care of individuals including children with
166
lead poisoning, women who are pregnant and women who are planning
167
pregnancy. Nothing in this section shall be construed to prohibit a local
168
building official from requiring abatement of sources of lead.
169
Sec. 6. Section 19a-37 of the general statutes is repealed and the
170
following is substituted in lieu thereof (Effective October 1, 2021):
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(a) As used in this section:
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(1) "Laboratory or firm" means an environmental laboratory
173
registered by the Department of Public Health pursuant to section 19a-
174
29a;
175
(2) "Private well" means a water supply well that meets all of the
176
following criteria: (A) Is not a public well; (B) supplies a residential
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population of less than twenty-five persons per day; and (C) is owned
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or controlled through an easement or by the same entity that owns or
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controls the building or parcel that is served by the water supply well;
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(3) "Public well" means a water supply well that supplies a public
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water system;
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(4) "Semipublic well" means a water supply well that (A) does not
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meet the definition of a private well or public well, and (B) provides
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water for drinking and other domestic purposes; and
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(5) "Water supply well" means an artificial excavation constructed by
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any method for the purpose of obtaining or providing water for
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drinking or other domestic, industrial, commercial, agricultural,
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recreational or irrigation use, or other outdoor water use.
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(b) The Commissioner of Public Health may adopt regulations in the
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[Public Health Code] regulations of Connecticut state agencies for the
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preservation of the public health pertaining to (1) protection and
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location of new water supply wells or springs for residential or
193
nonresidential construction or for public or semipublic use, and (2)
194
inspection for compliance with the provisions of municipal regulations
195
adopted pursuant to section 22a-354p.
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(c) The Commissioner of Public Health shall adopt regulations, in
197
accordance with chapter 54, for the testing of water quality in private
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[residential] wells and semipublic wells. Any laboratory or firm which
199
conducts a water quality test on a private well serving a residential
200
property or semipublic well shall, not later than thirty days after the
201
completion of such test, report the results of such test to (1) the public
202
health authority of the municipality where the property is located, and
203
(2) the Department of Public Health in a format specified by the
204
department, provided such report shall only be required if the party for
205
whom the laboratory or firm conducted such test informs the laboratory
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or firm identified on the chain of custody documentation submitted
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with the test samples that the test was conducted in connection with the
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sale of such property. No regulation may require such a test to be
209
conducted as a consequence or a condition of the sale, exchange,
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transfer, purchase or rental of the real property on which the private
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[residential] well or semipublic well is located.
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(d) Prior to the sale, exchange, purchase, transfer or rental of real
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property on which a [residential] private or semipublic well is located,
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the owner shall provide the buyer or tenant notice that educational
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material concerning private well testing is available on the Department
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of Public Health web site. Failure to provide such notice shall not
217
invalidate any sale, exchange, purchase, transfer or rental of real
218
property. If the seller or landlord provides such notice in writing, the
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seller or landlord and any real estate licensee shall be deemed to have
220
fully satisfied any duty to notify the buyer or tenant that the subject real
221
property is located in an area for which there are reasonable grounds for
222
testing under subsection (g) or (j) of this section.
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(e) The Commissioner of Public Health shall adopt regulations, in
224
accordance with chapter 54, to clarify the criteria under which the
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commissioner may issue a well permit exception and to describe the
226
terms and conditions that shall be imposed when a well is allowed at a
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premises (1) that is connected to a public water supply system, or (2)
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whose boundary is located within two hundred feet of an approved
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community water supply system, measured along a street, alley or
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easement. Such regulations shall (A) provide for notification of the
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permit to the public water supplier, (B) address the quality of the water
232
supplied from the well, the means and extent to which the well shall not
233
be interconnected with the public water supply, the need for a physical
234
separation, and the installation of a reduced pressure device for
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backflow prevention, the inspection and testing requirements of any
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such reduced pressure device, and (C) identify the extent and frequency
237
of water quality testing required for the well supply.
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(f) No regulation may require that a certificate of occupancy for a
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dwelling unit on such residential property be withheld or revoked on
240
the basis of a water quality test performed on a private [residential] well
241
pursuant to this section, unless such test results indicate that any
242
maximum contaminant level applicable to public water supply systems
243
for any contaminant listed in the [public health code] regulations of
244
Connecticut state agencies has been exceeded. No administrative
245
agency, health district or municipal health officer may withhold or
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cause to be withheld such a certificate of occupancy except as provided
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in this section.
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(g) The local director of health may require a private [residential] well
249
or semipublic well to be tested for arsenic, radium, uranium, radon or
250
gross alpha emitters, when there are reasonable grounds to suspect that
251
such contaminants are present in the groundwater. For purposes of this
252
subsection, "reasonable grounds" means (1) the existence of a geological
253
area known to have naturally occurring arsenic, radium, uranium,
254
radon or gross alpha emitter deposits in the bedrock; or (2) the well is
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located in an area in which it is known that arsenic, radium, uranium,
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radon or gross alpha emitters are present in the groundwater.
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(h) Except as provided in subsection (i) of this section, the collection
258
of samples for determining the water quality of private [residential]
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wells and semipublic wells may be made only by (1) employees of a
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laboratory or firm certified or approved by the Department of Public
261
Health to test drinking water, if such employees have been trained in
262
sample collection techniques, (2) certified water operators, (3) local
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health departments and state employees trained in sample collection
264
techniques, or (4) individuals with training and experience that the
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Department of Public Health deems sufficient.
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(i) Any owner of a residential construction, including, but not limited
267
to, a homeowner, on which a private [residential] well is located or any
268
general contractor of a new residential construction on which a private
269
[residential] well is located may collect samples of well water for
270
submission to a laboratory or firm for the purposes of testing water
271
quality pursuant to this section, provided (1) such laboratory or firm has
272
provided instructions to said owner or general contractor on how to
273
collect such samples, and (2) such owner or general contractor is
274
identified to the subsequent owner on a form to be prescribed by the
275
Department of Public Health. No regulation may prohibit or impede
276
such collection or analysis.
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(j) The local director of health may require private [residential] wells
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and semipublic wells to be tested for pesticides, herbicides or organic
279
chemicals when there are reasonable grounds to suspect that any such
280
contaminants might be present in the groundwater. For purposes of this
281
subsection, "reasonable grounds" means (1) the presence of nitrate-
282
nitrogen in the groundwater at a concentration greater than ten
283
milligrams per liter, or (2) that the private [residential] well or
284
semipublic well is located on land, or in proximity to land, associated
285
with the past or present production, storage, use or disposal of organic
286
chemicals as identified in any public record.
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(k) Any water transported in bulk by any means to a premises
288
currently supplied by a private well or semipublic well where the water
289
is to be used for purposes of drinking or domestic use shall be provided
290
by a bulk water hauler licensed pursuant to section 20-278h. No bulk
291
water hauler shall deliver water without first notifying the owner of the
292
premises of such delivery. Bulk water hauling to a premises currently
293
supplied by a private well or semipublic well shall be permitted only as
294
a temporary measure to alleviate a water supply shortage.
295
Sec. 7. Section 19a-524 of the general statutes is repealed and the
296
following is substituted in lieu thereof (Effective October 1, 2021):
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If, upon review, investigation or inspection pursuant to section 19a-
298
498, the Commissioner of Public Health determines that a nursing home
299
facility or residential care home has violated any provision of section
300
17a-411, 19a-491a to 19a-491c, inclusive, as amended by this act, 19a-
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493a, 19a-521 to 19a-529, inclusive, 19a-531 to 19a-551, inclusive, or 19a-
302
553 to 19a-555, inclusive, or any provision of any regulation of
303
Connecticut state agencies relating to licensure, the Fire Safety Code or
304
the operation or maintenance of a nursing home facility or residential
305
care home, which violation has been classified in accordance with
306
section 19a-527, the commissioner may immediately issue or cause to be
307
issued a citation to the licensee of such nursing home facility or
308
residential care home. Governmental immunity shall not be a defense to
309
any citation issued or civil penalty imposed pursuant to this section or
310
sections 19-525 to 19a-528, inclusive. Each such citation shall be in
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writing, provide notice of the nature and scope of the alleged violation
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or violations, and include, but not be limited to, the citation and notice
313
of noncompliance issued in accordance with section 19a-496. Each
314
citation and notice of noncompliance issued under this section shall be
315
sent to the licensee electronically in a form and manner prescribed by
316
the commissioner or by certified mail [to the licensee] at the address of
317
the nursing home facility or residential care home in issue. A copy of
318
such citation and notice of noncompliance shall also be sent to the
319
licensed administrator at the address of the nursing home facility or
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residential care home.
321
Sec. 8. Subdivision (2) of subsection (c) of section 19a-491c of the
322
general statutes is repealed and the following is substituted in lieu
323
thereof (Effective July 1, 2021):
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(2) No long-term care facility shall be required to comply with the
325
provisions of this subsection if (A) the individual provides evidence to
326
the long-term care facility that such individual submitted to a
327
background search conducted pursuant to subdivision (1) of this
328
subsection not more than three years immediately preceding the date
329
such individual applies for employment, seeks to enter into a contract
330
or begins volunteering with the long-term care facility and that the prior
331
background search confirmed that the individual did not have a
332
disqualifying offense, or (B) the commissioner determines the need to
333
temporarily suspend the requirements of this subsection in the event of
334
an emergency or significant disruption. The commissioner shall inform
335
the long-term care facility when the commissioner has suspended the
336
requirements of this subsection pursuant to subparagraph (B) of this
337
subdivision and when such suspension is rescinded.
338
Sec. 9. Section 19a-177 of the general statutes is repealed and the
339
following is substituted in lieu thereof (Effective October 1, 2021):
340
The commissioner shall:
341
(1) With the advice of the Office of Emergency Medical Services
342
established pursuant to section 19a-178 and of an advisory committee
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on emergency medical services and with the benefit of meetings held
344
pursuant to subsection (b) of section 19a-184, adopt every five years a
345
state-wide plan for the coordinated delivery of emergency medical
346
services;
347
(2) License or certify the following: (A) Ambulance operations,
348
ambulance drivers, emergency medical services personnel and
349
communications personnel; (B) emergency room facilities and
350
communications facilities; and (C) transportation equipment, including
351
land, sea and air vehicles used for transportation of patients to
352
emergency facilities and periodically inspect life saving equipment,
353
emergency facilities and emergency transportation vehicles to ensure
354
state standards are maintained;
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(3) Annually inventory emergency medical services resources within
356
the state, including facilities, equipment, and personnel, for the
357
purposes of determining the need for additional services and the
358
effectiveness of existing services;
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(4) Review and evaluate all area-wide plans developed by the
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emergency medical services councils pursuant to section 19a-182 in
361
order to insure conformity with standards issued by the commissioner;
362
(5) Not later than thirty days after their receipt, review all grant and
363
contract applications for federal or state funds concerning emergency
364
medical services or related activities for conformity to policy guidelines
365
and forward such application to the appropriate agency, when required;
366
(6) Establish such minimum standards and adopt such regulations in
367
accordance with the provisions of chapter 54, as may be necessary to
368
develop the following components of an emergency medical service
369
system: (A) Communications, which shall include, but not be limited to,
370
equipment, radio frequencies and operational procedures; (B)
371
transportation services, which shall include, but not be limited to,
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vehicle type, design, condition and maintenance, and operational
373
procedures; (C) training, which shall include, but not be limited to,
374
emergency medical services personnel, communications personnel,
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paraprofessionals associated with emergency medical services,
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firefighters and state and local police; (D) emergency medical service
377
facilities, which shall include, but not be limited to, categorization of
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emergency departments as to their treatment capabilities and ancillary
379
services; and (E) mobile integrated health care programs, which shall
380
include, but not be limited to, the standards to ensure the health, safety
381
and welfare of the patients being served by such programs and data
382
collection and reporting requirements to ensure and measure quality
383
outcomes of such programs;
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(7) Coordinate training of all emergency medical services personnel;
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(8) (A) Develop an emergency medical services data collection
386
system. Each emergency medical service organization licensed or
387
certified pursuant to this chapter shall submit data to the commissioner,
388
on a quarterly basis, from each licensed ambulance service, certified
389
ambulance service or paramedic intercept service that provides
390
emergency medical services. Such submitted data shall include, but not
391
be limited to: (i) The total number of calls for emergency medical
392
services received by such licensed ambulance service, certified
393
ambulance service or paramedic intercept service through the 9-1-1
394
system during the reporting period; (ii) each level of emergency medical
395
services, as defined in regulations adopted pursuant to section 19a-179,
396
required for each such call; (iii) the response time for each licensed
397
ambulance service, certified ambulance service or paramedic intercept
398
service during the reporting period; (iv) the number of passed calls,
399
cancelled calls and mutual aid calls, both made and received, during the
400
reporting period; and (v) for the reporting period, the prehospital data
401
for the nonscheduled transport of patients required by regulations
402
adopted pursuant to subdivision (6) of this section. The data required
403
under this subdivision may be submitted in any electronic form selected
404
by such licensed ambulance service, certified ambulance service or
405
paramedic intercept service and approved by the commissioner,
406
provided the commissioner shall take into consideration the needs of
407
such licensed ambulance service, certified ambulance service or
408
paramedic intercept service in approving such electronic form. The
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commissioner may conduct an audit of any such licensed ambulance
410
service, certified ambulance service or paramedic intercept service as
411
the commissioner deems necessary in order to verify the accuracy of
412
such reported data.
413
(B) On or before December 31, 2018, and annually thereafter, the
414
commissioner shall prepare a report to the Emergency Medical Services
415
Advisory Board, established pursuant to section 19a-178a, as amended
416
by this act, that shall include, but not be limited to, the following data:
417
(i) The total number of calls for emergency medical services received
418
during the reporting year by each licensed ambulance service, certified
419
ambulance service or paramedic intercept service; (ii) the level of
420
emergency medical services required for each such call; (iii) the name of
421
the emergency medical service organization that provided each such
422
level of emergency medical services furnished during the reporting
423
year; (iv) the response time, by time ranges or fractile response times,
424
for each licensed ambulance service, certified ambulance service or
425
paramedic intercept service, using a common definition of response
426
time, as provided in regulations adopted pursuant to section 19a-179;
427
and (v) the number of passed calls, cancelled calls and mutual aid calls
428
during the reporting year. The commissioner shall prepare such report
429
in a format that categorizes such data for each municipality in which the
430
emergency medical services were provided, with each such
431
municipality grouped according to urban, suburban and rural
432
classifications.
433
(C) If any licensed ambulance service, certified ambulance service or
434
paramedic intercept service does not submit the data required under
435
subparagraph (A) of this subdivision for a period of six consecutive
436
months, or if the commissioner believes that such licensed ambulance
437
service, certified ambulance service or paramedic intercept service
438
knowingly or intentionally submitted incomplete or false data, the
439
commissioner shall issue a written order directing such licensed
440
ambulance service, certified ambulance service or paramedic intercept
441
service to comply with the provisions of subparagraph (A) of this
442
subdivision and submit all missing data or such corrected data as the
443
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commissioner may require. If such licensed ambulance service, certified
444
ambulance service or paramedic intercept service fails to fully comply
445
with such order not later than three months from the date such order is
446
issued, the commissioner (i) shall conduct a hearing, in accordance with
447
chapter 54, at which such licensed ambulance service, certified
448
ambulance service or paramedic intercept service shall be required to
449
show cause why the primary service area assignment of such licensed
450
ambulance service, certified ambulance service or paramedic intercept
451
service should not be revoked, and (ii) may take such disciplinary action
452
under section 19a-17 as the commissioner deems appropriate.
453
(D) The commissioner shall collect the data required by
454
subparagraph (A) of this subdivision, in the manner provided in said
455
subparagraph, from each emergency medical service organization
456
licensed or certified pursuant to this chapter. Any such emergency
457
medical service organization that fails to comply with the provisions of
458
this section shall be liable for a civil penalty not to exceed one hundred
459
dollars per day for each failure to report the required data regarding
460
emergency medical services provided to a patient, as determined by the
461
commissioner. The civil penalties set forth in this subparagraph shall be
462
assessed only after the department provides a written notice of
463
deficiency and the organization is afforded the opportunity to respond
464
to such notice. An organization shall have not more than fifteen business
465
days after the date of receiving such notice to provide a written response
466
to the department. The commissioner may adopt regulations, in
467
accordance
with
chapter
54,
concerning
the
development,
468
implementation, monitoring and collection of emergency medical
469
service system data. All state agencies licensed or certified as emergency
470
medical service organizations shall be exempt from the civil penalties
471
set forth in this subparagraph.
472
(E) The commissioner shall, with the recommendation of the
473
Connecticut Emergency Medical Services Advisory Board established
474
pursuant to section 19a-178a, as amended by this act, adopt for use in
475
trauma data collection the most recent version of the National Trauma
476
Data Bank's National Trauma Data Standards and Data Dictionary and
477
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nationally recognized guidelines for field triage of injured patients;
478
(9) (A) Establish rates for the conveyance and treatment of patients
479
by licensed ambulance services and invalid coaches and establish
480
emergency service rates for certified ambulance services and paramedic
481
intercept services, provided (i) the present rates established for such
482
services and vehicles shall remain in effect until such time as the
483
commissioner establishes a new rate schedule as provided in this
484
subdivision, and (ii) any rate increase not in excess of the Medical Care
485
Services Consumer Price Index, as published by the Bureau of Labor
486
Statistics of the United States Department of Labor, for the prior year,
487
filed in accordance with subparagraph (B)(iii) of this subdivision shall
488
be deemed approved by the commissioner. For purposes of this
489
subdivision, licensed ambulance services and paramedic intercept
490
services shall not include emergency air transport services or mobile
491
integrated health care programs.
492
(B) Adopt regulations, in accordance with the provisions of chapter
493
54, establishing methods for setting rates and conditions for charging
494
such rates. Such regulations shall include, but not be limited to,
495
provisions requiring that on and after July 1, 2000: (i) Requests for rate
496
increases may be filed no more frequently than once a year, except that,
497
in any case where an agency's schedule of maximum allowable rates
498
falls below that of the Medicare allowable rates for that agency, the
499
commissioner shall immediately amend such schedule so that the rates
500
are at or above the Medicare allowable rates; (ii) only licensed
501
ambulance services, certified ambulance services and paramedic
502
intercept services that apply for a rate increase in excess of the Medical
503
Care Services Consumer Price Index, as published by the Bureau of
504
Labor Statistics of the United States Department of Labor, for the prior
505
year, and do not accept the maximum allowable rates contained in any
506
voluntary state-wide rate schedule established by the commissioner for
507
the rate application year shall be required to file detailed financial
508
information with the commissioner, provided any hearing that the
509
commissioner may hold concerning such application shall be conducted
510
as a contested case in accordance with chapter 54; (iii) licensed
511
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ambulance services, certified ambulance services and paramedic
512
intercept services that do not apply for a rate increase in any year in
513
excess of the Medical Care Services Consumer Price Index, as published
514
by the Bureau of Labor Statistics of the United States Department of
515
Labor, for the prior year, or that accept the maximum allowable rates
516
contained in any voluntary state-wide rate schedule established by the
517
commissioner for the rate application year shall, not later than the last
518
business day in August of such year, file with the commissioner a
519
statement of emergency and nonemergency call volume, and, in the case
520
of a licensed ambulance service, certified ambulance service or
521
paramedic intercept service that is not applying for a rate increase, a
522
written declaration by such licensed ambulance service, certified
523
ambulance service or paramedic intercept service that no change in its
524
currently approved maximum allowable rates will occur for the rate
525
application year; and (iv) detailed financial and operational information
526
filed by licensed ambulance services, certified ambulance services and
527
paramedic intercept services to support a request for a rate increase in
528
excess of the Medical Care Services Consumer Price Index, as published
529
by the Bureau of Labor Statistics of the United States Department of
530
Labor, for the prior year, shall cover the time period pertaining to the
531
most recently completed fiscal year and the rate application year of the
532
licensed ambulance service, certified ambulance service or paramedic
533
intercept service.
534
(C) Establish rates for licensed ambulance services, certified
535
ambulance services or paramedic intercept services for the following
536
services and conditions: (i) "Advanced life support assessment" and
537
"specialty care transports", which terms have the meanings provided in
538
42 CFR 414.605; and (ii) mileage, which may include mileage for an
539
ambulance transport when the point of origin and final destination for
540
a transport is within the boundaries of the same municipality. The rates
541
established by the commissioner for each such service or condition shall
542
be equal to (I) the ambulance service's base rate plus its established
543
advanced life support/paramedic surcharge when advanced life
544
support assessment services are performed; (II) two hundred twenty-
545
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five per cent of the ambulance service's established base rate for
546
specialty care transports; and (III) "loaded mileage", as the term is
547
defined in 42 CFR 414.605, multiplied by the ambulance service's
548
established rate for mileage. Such rates shall remain in effect until such
549
time as the commissioner establishes a new rate schedule as provided
550
in this subdivision.
551
(D) Establish rates for the treatment and release of patients by a
552
licensed or certified emergency medical services organization or a
553
provider who does not transport such patients to an emergency
554
department and who is operating within the scope of such
555
organization's or provider's practice and following protocols approved
556
by the sponsor hospital. The rates established pursuant to this
557
subparagraph shall not apply to the treatment provided to patients
558
through mobile integrated health care programs;
559
(10) Establish primary service areas and assign in writing a primary
560
service area responder for each primary service area. Each state-owned
561
campus having an acute care hospital on the premises shall be
562
designated as the primary service area responder for that campus;
563
(11) Revoke primary service area assignments upon determination by
564
the commissioner that it is in the best interests of patient care to do so;
565
[and]
566
(12) Annually issue a list of minimum equipment requirements for
567
[ambulances and rescue vehicles] authorized emergency medical
568
services vehicles based upon current national standards. The
569
commissioner shall distribute such list to all emergency medical service
570
organizations and sponsor hospital medical directors and make such list
571
available to other interested stakeholders. Emergency medical service
572
organizations shall have one year from the date of issuance of such list
573
to comply with the minimum equipment requirements; and
574
(13) The commissioner may waive any provisions of the regulations
575
affecting an emergency medical service organization, as defined in
576
section 19a-175, if the commissioner determines that such waiver would
577
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not endanger the health, safety or welfare of any patient or resident. The
578
commissioner may impose conditions, upon granting the waiver, that
579
assure the health, safety or welfare of patients or residents and may
580
revoke the waiver upon a finding that the health, safety or welfare of
581
any patient or resident has been jeopardized. The commissioner may
582
adopt regulations, in accordance with the provisions of chapter 54,
583
establishing procedures for an application for a waiver pursuant to this
584
subdivision.
585
Sec. 10. Section 20-207 of the general statutes is repealed and the
586
following is substituted in lieu thereof (Effective October 1, 2021):
587
As used in this chapter, unless the context otherwise requires, the
588
following terms shall have the meanings specified:
589
(1) "Board" means the Connecticut Board of Examiners of Embalmers
590
and Funeral Directors;
591
(2) "Person" means an individual or corporation, but not a
592
partnership;
593
(3) "Funeral directing" means the business, practice or profession, as
594
commonly practiced, of (A) directing or supervising funerals, or
595
providing funeral services; (B) handling or encasing or providing
596
services for handling and encasing dead human bodies, otherwise than
597
by embalming, for burial or disposal; (C) providing embalming services;
598
(D) providing transportation, interment and disinterment of dead
599
human bodies; (E) maintaining an establishment so located, constructed
600
and equipped as to permit the decent and sanitary handling of dead
601
human bodies, with suitable equipment in such establishment for such
602
handling; (F) conducting an establishment from which funerals may be
603
held; (G) engaging in consultations concerning arrangements for the
604
disposition of human remains, including, but not limited to,
605
arrangements for cremation or alkaline hydrolysis; (H) casketing human
606
remains; (I) making cemetery and cremation arrangements; and (J)
607
preparing funeral service contracts, as defined in section 42-200;
608
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(4) "Funeral director" means any person engaged or holding himself
609
or herself out as engaged in funeral directing whether or not he or she
610
uses in connection with his or her name or business the words "funeral
611
director," "undertaker" or "mortician" or any other word or title
612
intended to designate him or her as a funeral director or mortician or as
613
one so engaged;
614
(5) "Funeral service business" means the business, practice or
615
profession of funeral directing;
616
(6) "Licensed embalmer" means an embalmer holding a license as
617
provided in this chapter;
618
(7) "Licensed funeral director" means a funeral director holding a
619
license as provided in this chapter;
620
(8) ["Student embalmer"] "Registered apprentice embalmer" means a
621
person [studying embalming and] registered with the Department of
622
Public Health as an apprentice pursuant to the provisions of this
623
chapter;
624
(9) ["Student funeral director"] "Registered apprentice funeral
625
director" means a person [studying the funeral service business and]
626
registered with the Department of Public Health as an apprentice
627
pursuant to the provisions of this chapter;
628
(10) "Full-time employment" means regular and steady work during
629
the normal working hours by any person at the establishment at which
630
he is employed; and
631
(11) "Manager" means an individual who (A) is licensed as an
632
embalmer or funeral director pursuant to this chapter and (B) has direct
633
and personal responsibility for the daily operation and management of
634
a funeral service business.
635
Sec. 11. Section 20-212 of the general statutes is repealed and the
636
following is substituted in lieu thereof (Effective October 1, 2021):
637
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No person, except a licensed embalmer, shall inject any fluid or
638
substance into any dead human body, except that a registered [student]
639
apprentice embalmer may, even if not in the presence of a licensed
640
embalmer, make such injection or perform any other act under [his]
641
such licensed embalmer's instruction; and no person, firm or
642
corporation shall enter, engage in, carry on or manage for another the
643
business of caring for, preserving or disposing of dead human bodies
644
until each person, firm or corporation so engaged has obtained from the
645
Department of Public Health and holds a license as provided in this
646
chapter; nor shall any person be employed to remove a dead human
647
body, except a licensed embalmer, a registered [student] apprentice
648
embalmer, a licensed funeral director, or a person authorized in each
649
instance by the Chief Medical Examiner, Deputy Medical Examiner or
650
assistant medical examiner incidental to examining the body of a
651
deceased person, except that once a dead human body has been
652
prepared in accordance with the [Public Health Code] regulations of
653
Connecticut state agencies and the applicable provisions of the general
654
statutes, an embalmer or funeral director licensed in this state may
655
authorize an unlicensed employee to transport such body. Nothing in
656
this section shall be construed to prohibit any person licensed as an
657
embalmer or as a funeral director under the laws of another state from
658
bringing into or removing from this state a dead human body, provided
659
any and all other laws of this state relative to such body have been
660
complied with. Nothing in this chapter shall be construed to prohibit
661
any student who is enrolled in a program of education in mortuary
662
science, approved by the board, with the consent of the Commissioner
663
of Public Health, from embalming up to ten human bodies under the
664
supervision of a licensed embalmer and incidental to such student's
665
course of study.
666
Sec. 12. Subsections (a) and (b) of section 20-213 of the general statutes
667
are repealed and the following is substituted in lieu thereof (Effective
668
October 1, 2021):
669
(a) (1) After a [student] registered apprentice embalmer has (A)
670
completed a program of education in mortuary science approved by the
671
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board with the consent of the Commissioner of Public Health, (B)
672
successfully completed an examination prescribed by the Department
673
of Public Health with the consent of the board, (C) completed one year
674
of practical training and experience of a grade and character satisfactory
675
to the commissioner in the state in full-time employment under the
676
personal supervision and instruction of an embalmer licensed under the
677
provisions of this chapter, and (D) embalmed fifty human bodies in not
678
more than two years under the supervision of a licensed embalmer or
679
embalmers, (2) the [student] registered apprentice embalmer shall (A)
680
submit to the department an application and fee of two hundred ten
681
dollars, (B) take a written examination on the Connecticut public health
682
laws and the regulations of Connecticut state agencies pertaining to the
683
activities of an embalmer, and (C) take an examination in practical
684
embalming that shall include an actual demonstration upon a cadaver.
685
When the [student] registered apprentice embalmer has satisfactorily
686
passed such examinations, said department shall issue to him or her a
687
license to practice embalming. At the expiration of such license, if the
688
holder thereof desires a renewal, said department shall grant it pursuant
689
to section 20-222a, except for cause.
690
(b) Examinations for registration as a [student] registered apprentice
691
embalmer and for an embalmer's license shall be administered to
692
applicants by the Department of Public Health, under the supervision
693
of the board, semiannually and at such other times as may be
694
determined by the department.
695
Sec. 13. Section 20-215 of the general statutes is repealed and the
696
following is substituted in lieu thereof (Effective October 1, 2021):
697
No licensed embalmer shall sign an affidavit attesting the
698
preparation or embalming of any body unless such body has been
699
prepared or embalmed by [him] such licensed embalmer, or by a
700
registered [student] apprentice embalmer under [his] such licensed
701
embalmer's personal supervision.
702
Sec. 14. Subsection (a) of section 20-217 of the general statutes is
703
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repealed and the following is substituted in lieu thereof (Effective October
704
1, 2021):
705
(a) When a [student] registered apprentice funeral director has
706
completed a program of education approved by the board with the
707
consent of the Commissioner of Public Health, has successfully
708
completed an examination prescribed by the department with the
709
consent of the board and furnishes the department with satisfactory
710
proof that he or she has completed one year of practical training and
711
experience in full-time employment under the personal supervision of
712
a licensed embalmer or funeral director, and pays to the department a
713
fee of two hundred ten dollars, [he] such registered apprentice funeral
714
director shall be entitled to be examined upon the Connecticut state law
715
and regulations pertaining to his or her professional activities. If found
716
to be qualified by the Department of Public Health, [he] such registered
717
apprentice funeral director shall be licensed as a funeral director.
718
Renewal licenses shall be issued by the Department of Public Health
719
pursuant to section 20-222a, unless withheld for cause as herein
720
provided, upon a payment of a fee of two hundred thirty dollars.
721
Sec. 15. Section 20-224 of the general statutes is repealed and the
722
following is substituted in lieu thereof (Effective October 1, 2021):
723
(a) The provisions of sections 20-217, as amended by this act, 20-220
724
and 20-227 shall not prohibit the employment of assistants or of
725
[student] registered apprentice embalmers and [student] registered
726
apprentice funeral directors as provided in this chapter, provided a
727
licensed funeral service business may employ no more than two
728
[student] registered apprentice embalmers at any one time, and any
729
person, firm, corporation or other organization engaged in the business
730
of funeral directing may employ no more than one [student] registered
731
apprentice funeral director at any one time, without the approval of the
732
Board of Examiners of Embalmers and Funeral Directors.
733
(b) [Student] Registered apprentice embalmers and [student]
734
registered apprentice funeral directors shall register as apprentices with
735
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the Department of Public Health, in the manner prescribed by the
736
commissioner in regulations adopted pursuant to section 20-211, for
737
purposes of completing practical training and experience pursuant to
738
the provisions of this chapter.
739
Sec. 16. Section 20-195dd of the general statutes is repealed and the
740
following is substituted in lieu thereof (Effective October 1, 2021):
741
(a) Except as otherwise provided in subsections (c) and (d) of this
742
section, an applicant for a license as a professional counselor shall
743
submit evidence satisfactory to the commissioner of having: (1) (A)
744
Earned a graduate degree in clinical mental health counseling as part of
745
a program of higher learning accredited by the Council for
746
Accreditation of Counseling and Related Educational Programs, or a
747
successor organization, or (B) (i) completed at least sixty graduate
748
semester hours in counseling or a related mental health field at a
749
regionally accredited institution of higher education that included
750
coursework in each of the following areas: (I) Human growth and
751
development; (II) social and cultural foundations; (III) counseling
752
theories; (IV) counseling techniques; (V) group counseling; (VI) career
753
counseling; (VII) appraisals or tests and measurements to individuals
754
and groups; (VIII) research and evaluation; (IX) professional orientation
755
to mental health counseling; (X) addiction and substance abuse
756
counseling; (XI) trauma and crisis counseling; and (XII) diagnosis and
757
treatment of mental and emotional disorders, (ii) earned from a
758
regionally accredited institution of higher education a graduate degree
759
in counseling or a related mental health field, (iii) completed a one-
760
hundred-hour practicum in counseling taught by a faculty member
761
licensed or certified as a professional counselor or its equivalent in
762
another state, and (iv) completed a six-hundred-hour clinical mental
763
health counseling internship taught by a faculty member licensed or
764
certified as a professional counselor or its equivalent in another state; (2)
765
acquired three thousand hours of postgraduate experience under
766
professional supervision, including a minimum of one hundred hours
767
of direct professional supervision, in the practice of professional
768
counseling, performed over a period of not less than two years; and (3)
769
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passed an examination prescribed by the commissioner. The provisions
770
of subparagraphs (B)(i)(X) to (B)(i)(XII), inclusive, (B)(iii) and (B)(iv) of
771
this subsection shall not apply to any applicant who, on or before July
772
1, 2017, was a matriculating student in good standing in a graduate
773
degree program at a regionally accredited institution of higher
774
education in one of the fields required under subparagraph (B) of this
775
subsection.
776
(b) An applicant for a license as a professional counselor associate
777
shall submit to the Commissioner of Public Health evidence satisfactory
778
to the commissioner of having (1) earned a graduate degree in clinical
779
mental health counseling as part of a program of higher learning
780
accredited by the Council for Accreditation of Counseling and Related
781
Educational Programs, or a successor organization, or (2) (A) completed
782
at least sixty graduate semester hours in counseling or a related mental
783
health field at a regionally accredited institution of higher education
784
that included coursework in each of the following areas: Human growth
785
and development; social and cultural foundations; counseling theories;
786
counseling techniques; group counseling; career counseling; appraisals
787
or tests and measurements to individuals and groups; research and
788
evaluation; professional orientation to mental health counseling;
789
addiction and substance abuse counseling; trauma and crisis
790
counseling; and diagnosis and treatment of mental and emotional
791
disorders, (B) completed a one-hundred-hour practicum in counseling
792
taught by a faculty member licensed or certified as a professional
793
counselor or its equivalent in another state, (C) completed a six-
794
hundred-hour clinical mental health counseling internship taught by a
795
faculty member licensed or certified as a professional counselor or its
796
equivalent in another state, and (D) earned from a regionally accredited
797
institution of higher education a graduate degree in counseling or a
798
related mental health field. The provisions of subparagraphs (A) to (C),
799
inclusive, of subdivision (2) of this subsection shall not apply to any
800
applicant who, on or before July 1, 2022, earned a graduate degree at a
801
regionally accredited institution of higher education in counseling or a
802
related mental health field and has accumulated at least three thousand
803
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hours of experience under professional supervision, as defined in
804
section 20-195aa.
805
(c) An applicant for licensure by endorsement shall present evidence
806
satisfactory to the commissioner that the applicant is licensed or
807
certified as a professional counselor or professional counselor associate,
808
or as a person entitled to perform similar services under a different
809
designation, in another state or jurisdiction whose requirements for
810
practicing in such capacity are substantially similar to or higher than
811
those of this state and that there are no disciplinary actions or
812
unresolved complaints pending.
813
(d) An applicant who is licensed or certified as a professional
814
counselor or its equivalent in another state, territory or commonwealth
815
of the United States may substitute three years of licensed or certified
816
work experience in the practice of professional counseling in lieu of the
817
requirements of subdivision (2) of subsection (a) of this section,
818
provided the commissioner finds that such experience is equal to or
819
greater than the requirements of this state.
820
Sec. 17. Subsection (a) of section 20-195c of the general statutes is
821
repealed and the following is substituted in lieu thereof (Effective October
822
1, 2021):
823
(a) Each applicant for licensure as a marital and family therapist shall
824
present to the department satisfactory evidence that such applicant has:
825
(1) Completed a graduate degree program specializing in marital and
826
family therapy offered by a regionally accredited college or university
827
or an accredited postgraduate clinical training program accredited by
828
the Commission on Accreditation for Marriage and Family Therapy
829
Education offered by a regionally accredited institution of higher
830
education; (2) completed a supervised practicum or internship with
831
emphasis in marital and family therapy supervised by the program
832
granting the requisite degree or by an accredited postgraduate clinical
833
training program accredited by the Commission on Accreditation for
834
Marriage and Family Therapy Education and offered by a regionally
835
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accredited institution of higher education; [, in which the student
836
received a minimum of five hundred direct clinical hours that included
837
one hundred hours of clinical supervision;] (3) completed twelve
838
months of relevant postgraduate experience, including (A) a minimum
839
of one thousand hours of direct client contact offering marital and
840
family therapy services subsequent to being awarded a master's degree
841
or doctorate or subsequent to the training year specified in subdivision
842
(2) of this subsection, and (B) one hundred hours of postgraduate
843
clinical supervision provided by a licensed marital and family therapist;
844
and (4) passed an examination prescribed by the department. The fee
845
shall be three hundred fifteen dollars for each initial application.
846
Sec. 18. Subdivision (12) of subsection (a) of section 19a-14 of the
847
general statutes is repealed and the following is substituted in lieu
848
thereof (Effective October 1, 2021):
849
(12) With respect to any complaint filed with the department on or
850
after October 1, 2010, alleging incompetence, negligence, fraud or deceit
851
by a person subject to regulation or licensing by any board or
852
commission described in subdivision (1) to [(5), inclusive, (7),] (8),
853
inclusive, (12) to (14), inclusive, or subdivision (16) of subsection (b) of
854
this section:
855
(A) Upon request of the person who filed the complaint, provide such
856
person with information on the status of the complaint;
857
(B) Upon request of the person who filed the complaint, provide such
858
person with an opportunity to review, at the department, records
859
compiled as of the date of the request pursuant to any investigation of
860
the complaint, including, but not limited to, the respondent's written
861
response to the complaint, except that such person shall not be entitled
862
to copy such records and the department (i) shall not disclose (I)
863
information concerning a health care professional's referral to,
864
participation in or completion of an assistance program in accordance
865
with sections 19a-12a and 19a-12b, that is confidential pursuant to
866
section 19a-12a, (II) information not related to such person's specific
867
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complaint, including, but not limited to, information concerning
868
patients other than such person, or (III) personnel or medical records
869
and similar files the disclosure of which would constitute an invasion of
870
personal privacy pursuant to section 1-210, except for such records or
871
similar files solely related to such person; (ii) shall not be required to
872
disclose any other information that is otherwise confidential pursuant
873
to federal law or state statute, except for information solely related to
874
such person; and (iii) may require up to ten business days written notice
875
prior to providing such opportunity for review;
876
(C) Prior to resolving the complaint with a consent order, provide the
877
person who filed the complaint with not less than ten business days to
878
submit a written statement as to whether such person objects to
879
resolving the complaint with a consent order;
880
(D) If a hearing is held with respect to such complaint after a finding
881
of probable cause, provide the person who filed the complaint with a
882
copy of the notice of hearing issued pursuant to section 4-177, which
883
shall include information concerning the opportunity to present oral or
884
written statements pursuant to subsection (b) of section 4-177c; and
885
(E) Notify the person who filed the complaint of the final disposition
886
of such complaint not later than seven business days after such final
887
disposition;
888
Sec. 19. Subsections (a) to (c), inclusive, of section 20-204a of the
889
general statutes are repealed and the following is substituted in lieu
890
thereof (Effective October 1, 2021):
891
(a) The department shall investigate each allegation of any act or
892
omission by a veterinarian specified in section 20-202. The investigation
893
shall be conducted in accordance with the provisions of section 19a-14,
894
as amended by this act, to determine if probable cause exists to issue a
895
statement of charges and to institute proceedings against the
896
veterinarian. Such investigation shall be concluded not later than twelve
897
months from the date the allegation is submitted to the department.
898
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(b) Except as provided in subsections (c) and (d) of this section, the
899
investigation shall be confidential and not subject to disclosure under
900
section 1-210 and no person may disclose knowledge of the
901
investigation to a third party unless the veterinarian requests that the
902
investigation be open, [The owner of any animal that is the subject of
903
such an investigation shall not be deemed a third party to such an
904
investigation for purposes of disclosure under this section] except that
905
the department shall provide information to the person who filed the
906
complaint pursuant to subdivision (12) of subsection (a) of section 19a-
907
14, as amended by this act.
908
(c) If the department makes a finding of no probable cause to take
909
action under section 20-202 or fails to make a finding within the twelve-
910
month period required by subsection [(b)] (a) of this section, the
911
allegation submitted pursuant to subsection (a) of this section and the
912
entire record of the investigation may remain confidential and no
913
person shall disclose knowledge of such investigation to a third party
914
unless the veterinarian requests that it be open, except that the
915
department shall provide information to the person who filed the
916
complaint pursuant to subdivision (12) of subsection (a) of section 19a-
917
14, as amended by this act.
918
Sec. 20. Subsections (b) and (c) of section 7-62b of the general statutes
919
are repealed and the following is substituted in lieu thereof (Effective
920
January 1, 2022):
921
(b) The funeral director or embalmer licensed by the department, or
922
the funeral director or embalmer licensed in another state and
923
complying with the terms of a reciprocal agreement on file with the
924
department, in charge of the burial of the deceased person shall
925
complete the death certificate through the electronic death registry
926
system, or, if the electronic death registry system is unavailable, on a
927
form provided by the department. Said certificate shall be filed by a
928
licensed embalmer or such embalmer's designee or a funeral director or
929
such director's designee, in accordance with the provisions of this
930
section, except when inquiry is required by the Chief Medical
931
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Examiner's Office, in which case the death certificate shall be filed in
932
accordance with section 19a-409. The Social Security number of the
933
deceased person shall be recorded on such certificate. Such licensed
934
funeral director or licensed embalmer shall obtain the personal data
935
from the next of kin or the best qualified person or source available and
936
shall obtain a medical certification from the person responsible therefor,
937
in accordance with the provisions of this section. Only a licensed
938
embalmer may assume charge of the burial of a deceased person who
939
had a communicable disease, as designated in the [Public Health Code]
940
regulations of Connecticut state agencies, at the time of death and such
941
licensed embalmer shall file an affidavit, on a form provided by the
942
department, signed and sworn to by such licensed embalmer stating
943
that the body has been disinfected in accordance with the [Public Health
944
Code] regulations of Connecticut State Agencies.
945
(c) The medical certification portion of the death certificate shall be
946
completed, signed and returned to the licensed funeral director or
947
licensed embalmer no later than twenty-four hours after death by the
948
physician or advanced practice registered nurse in charge of the
949
patient's care for the illness or condition which resulted in death, or
950
upon the death of an infant delivered by a nurse-midwife, by such
951
nurse-midwife, as provided in section 20-86b. In the absence of such
952
physician or advanced practice registered nurse, or with the physician's
953
or advanced practice registered nurse's approval, the medical
954
certification may be completed and signed by an associate physician, an
955
advanced practice registered nurse, a physician assistant as provided in
956
subsection (d) of section 20-12d, a registered nurse as provided in
957
section 20-101a, the chief medical officer of the institution in which
958
death occurred, or by the pathologist who performed an autopsy upon
959
the decedent. No physician, advanced practice registered nurse,
960
physician assistant, registered nurse, nurse-midwife, chief medical
961
officer or pathologist shall sign and return the medical certification
962
unless such physician, advanced practice registered nurse, physician
963
assistant, registered nurse, nurse-midwife, chief medical officer or
964
pathologist has personally viewed and examined the body of the person
965
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to whom the medical certification relates and is satisfied that at the time
966
of the examination such person was in fact dead, except in the event a
967
medical certification is completed by a physician, advanced practice
968
registered nurse, physician assistant, registered nurse, nurse-midwife,
969
chief medical officer or pathologist other than the one who made the
970
determination and pronouncement of death, an additional viewing and
971
examination of the body shall not be required. Such physician,
972
advanced practice registered nurse, physician assistant, registered
973
nurse, nurse-midwife, chief medical officer or pathologist shall certify
974
to the facts of death through the electronic death registry system, or, if
975
the electronic death registry is unavailable, on a form provided by the
976
department. If a physician, advanced practice registered nurse,
977
physician assistant, registered nurse, nurse-midwife, chief medical
978
officer or pathologist refuses or otherwise fails to complete, sign and
979
return the medical portion of the death certificate to the licensed funeral
980
director or licensed embalmer within twenty-four hours after death,
981
such licensed funeral director or embalmer may notify the
982
Commissioner of Public Health of such refusal. The commissioner may,
983
upon receipt of notification and investigation, assess a civil penalty
984
against such physician, advanced practice registered nurse, physician
985
assistant, registered nurse, chief medical officer or pathologist not to
986
exceed two hundred fifty dollars. The medical certification shall state
987
the cause of death, defined so that such death may be classified under
988
the international list of causes of death, the duration of disease if known
989
and such additional information as the Department of Public Health
990
requires. The department shall give due consideration to national
991
uniformity in vital statistics in prescribing the form and content of such
992
information.
993
Sec. 21. Section 19a-200 of the general statutes is repealed and the
994
following is substituted in lieu thereof (Effective July 1, 2021):
995
(a) The mayor of each city, the chief executive officer of each town
996
and the warden of each borough shall, unless the charter of such city,
997
town or borough otherwise provides, nominate some person to be
998
director of health for such city, town or borough. [, which] Such person
999
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shall possess the qualifications specified in subsection (b) of this section.
1000
Upon approval of the commissioner, such nomination shall be
1001
confirmed or rejected by the board of selectmen, if there be such a board,
1002
otherwise by the legislative body of such city or town or by the
1003
burgesses of such borough within thirty days thereafter.
1004
(b) Notwithstanding the charter provisions of any city, town or
1005
borough with respect to the qualifications of the director of health, on
1006
and after October 1, 2010, any person nominated to be a director of
1007
health shall (1) be a licensed physician and hold a degree in public health
1008
from an accredited school, college, university or institution, or (2) hold
1009
a graduate degree in public health from an accredited institution of
1010
higher education. The educational requirements of this section shall not
1011
apply to any director of health nominated or otherwise appointed as
1012
director of health prior to October 1, 2010.
1013
(c) In cities, towns or boroughs with a population of forty thousand
1014
or more for five consecutive years, according to the estimated
1015
population figures authorized pursuant to subsection (b) of section
1016
8-159a, such director of health shall serve in a full-time capacity, except
1017
where a town has designated such director as the chief medical advisor
1018
for its public schools under section 10-205. [, and]
1019
(d) No director shall not, during such director's term of office, have
1020
any financial interest in or engage in any employment, transaction or
1021
professional activity that is in substantial conflict with the proper
1022
discharge of the duties required of directors of health by the general
1023
statutes or the regulations of Connecticut state agencies or specified by
1024
the appointing authority of the city, town or borough in its written
1025
agreement with such director. A written agreement with such director
1026
shall be submitted to the Commissioner of Public Health upon such
1027
director's appointment or reappointment.
1028
(e) Such director of health shall have and exercise within the limits of
1029
the city, town or borough for which such director is appointed all
1030
powers necessary for enforcing the general statutes, provisions of the
1031
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regulations of Connecticut state agencies relating to the preservation
1032
and improvement of the public health and preventing the spread of
1033
diseases therein.
1034
(f) In case of the absence or inability to act of a city, town or borough
1035
director of health or if a vacancy exists in the office of such director, the
1036
appointing authority of such city, town or borough may, with the
1037
approval of the Commissioner of Public Health, designate in writing a
1038
suitable person to serve as acting director of health during the period of
1039
such absence or inability or vacancy, provided the commissioner may
1040
appoint such acting director if the city, town or borough fails to do so.
1041
The person so designated, when sworn, shall have all the powers and
1042
be subject to all the duties of such director. In case of vacancy in the
1043
office of such director, if such vacancy exists for [thirty] sixty days, said
1044
commissioner may appoint a director of health for such city, town or
1045
borough. Said commissioner, may, for cause, remove an officer the
1046
commissioner or any predecessor in said office has appointed, and the
1047
common council of such city, town or the burgesses of such borough
1048
may, respectively, for cause, remove a director whose nomination has
1049
been confirmed by them, provided such removal shall be approved by
1050
said commissioner; and, within two days thereafter, notice in writing of
1051
such action shall be given by the clerk of such city, town or borough, as
1052
the case may be, to said commissioner, who shall, within ten days after
1053
receipt, file with the clerk from whom the notice was received, approval
1054
or disapproval.
1055
(g) Each such director of health shall hold office for the term of four
1056
years from the date of appointment and until a successor is nominated
1057
and confirmed in accordance with this section.
1058
(h) Each director of health shall, annually, at the end of the fiscal year
1059
of the city, town or borough, file with the Department of Public Health
1060
a report of the doings as such director for the year preceding.
1061
[(b)] (i) On and after July 1, 1988, each city, town and borough shall
1062
provide for the services of a sanitarian licensed under chapter 395 to
1063
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work under the direction of the local director of health. Where practical,
1064
the local director of health may act as the sanitarian.
1065
[(c)] (j) As used in this chapter, "authorized agent" means a sanitarian
1066
licensed under chapter 395 and any individual certified for a specific
1067
program of environmental health by the Commissioner of Public Health
1068
in accordance with the general statutes and regulations of Connecticut
1069
state agencies.
1070
Sec. 22. Section 19a-202a of the general statutes is repealed and the
1071
following is substituted in lieu thereof (Effective July 1, 2021):
1072
(a) Any municipality may designate itself as having a part-time
1073
health department if: (1) The municipality has not had a full-time health
1074
department or been in a full-time health district prior to January 1, 1998;
1075
(2) the municipality has the equivalent of at least one full-time
1076
employee, as determined by the Commissioner of Public Health, who
1077
performs public health functions required by the general statutes and
1078
the regulations of Connecticut states agencies; (3) the municipality
1079
annually submits a public health program plan and budget to the
1080
commissioner. [; and (4) the commissioner approves the program plan
1081
and budget.]
1082
(b) The Commissioner of Public Health [shall] may adopt regulations,
1083
in accordance with the provisions of chapter 54, for the development
1084
and approval of the program plan and budget required by subdivision
1085
(3) of subsection (a) of this section.
1086
Sec. 23. Section 19a-244 of the general statutes is repealed and the
1087
following is substituted in lieu thereof (Effective July 1, 2021):
1088
On and after October 1, 2010, any person nominated to be the director
1089
of health shall (1) be a licensed physician and hold a degree in public
1090
health from an accredited school, college, university or institution, or (2)
1091
hold a graduate degree in public health from an accredited school,
1092
college or institution. The educational requirements of this section shall
1093
not apply to any director of health nominated or otherwise appointed
1094
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as director of health prior to October 1, 2010. The board may specify in
1095
a written agreement with such director the term of office, which shall
1096
not exceed three years, salary and duties required of and responsibilities
1097
assigned to such director in addition to those required by the general
1098
statutes or the [Public Health Code] regulations of Connecticut state
1099
agencies, if any. Such director shall be removed during the term of such
1100
written agreement only for cause after a public hearing by the board on
1101
charges preferred, of which reasonable notice shall have been given. No
1102
director shall, during such director's term of office, have any financial
1103
interest in or engage in any employment, transaction or professional
1104
activity that is in substantial conflict with the proper discharge of the
1105
duties required of directors of health by the general statutes or the
1106
[Public Health Code] regulations of Connecticut state agencies or
1107
specified by the board in its written agreement with such director. The
1108
written agreement shall be submitted to the Commissioner of Public
1109
Health upon such director's appointment or reappointment. Such
1110
director shall serve in a full-time capacity and act as secretary and
1111
treasurer of the board, without the right to vote. Such director shall give
1112
to the district a bond with a surety company authorized to transact
1113
business in the state, for the faithful performance of such director's
1114
duties as treasurer, in such sum and upon such conditions as the board
1115
requires. Such director shall be the executive officer of the district
1116
department of health. Full-time employees of a city, town or borough
1117
health department at the time such city, town or borough votes to form
1118
or join a district department of health shall become employees of such
1119
district department of health. Such employees may retain their rights
1120
and benefits in the pension system of the town, city or borough by which
1121
they were employed and shall continue to retain their active
1122
participating membership therein until retired. Such employees shall
1123
pay into such pension system the contributions required of them for
1124
their class and membership. Any additional employees to be hired by
1125
the district or any vacancies to be filled shall be filled in accordance with
1126
the rules and regulations of the merit system of the state of Connecticut
1127
and the employees who are employees of cities, towns or boroughs
1128
which have adopted a local civil service or merit system shall be
1129
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included in their comparable grade with fully attained seniority in the
1130
state merit system. Such employees shall perform such duties as are
1131
prescribed by the director of health. In the event of the withdrawal of a
1132
town, city or borough from the district department, or in the event of a
1133
dissolution of any district department, the employees thereof, originally
1134
employed therein, shall automatically become employees of the
1135
appropriate town, city or borough's board of health. At the end of each
1136
fiscal year, each director of health shall submit a report to the
1137
Department of Public Health detailing the activities of such director
1138
during the preceding fiscal year.
1139
Sec. 24. Subdivision (3) of subsection (a) of section 19a-12a of the
1140
general statutes is repealed and the following is substituted in lieu
1141
thereof (Effective July 1, 2021):
1142
(3) "Health care professionals" includes any person licensed or who
1143
holds a permit pursuant to chapter 370, 372, 373, 375, 375a, 376, 376a,
1144
376b, 376c, 377, 378, 379, 379a, 380, 381, 381a, 382a, 383, 383a, 383b, 383c,
1145
384, 384a, 384b, 384c, 384d, 385, 398 or 399;
1146
Sec. 25. Section 19a-12d of the general statutes is repealed and the
1147
following is substituted in lieu thereof (Effective July 1, 2021):
1148
On or before the last day of January, April, July and October in each
1149
year, the Commissioner of Public Health shall certify the amount of
1150
revenue received as a result of any fee increase in the amount of five
1151
dollars (1) that took effect October 1, 2015, pursuant to sections 19a-88,
1152
19a-515, 20-65k, 20-74bb, 20-74h, 20-74s, 20-149, 20-162o, 20-162bb, 20-
1153
191a, 20-195c, as amended by this act, 20-195o, 20-195cc, 20-201, 20-206b,
1154
20-206n, 20-206r, 20-206bb, 20-206ll, 20-222a, 20-275, 20-395d, 20-398 and
1155
20-412, and (2) that took effect October 1, 2021, pursuant to section 20-
1156
185k, as amended by this act, and transfer such amount to the
1157
professional assistance program account established in section 19a-12c.
1158
Sec. 26. Subsection (a) of section 19a-12e of the general statutes is
1159
repealed and the following is substituted in lieu thereof (Effective October
1160
1, 2021):
1161
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(a) As used in this section:
1162
(1) "Health care professional" means any individual licensed or who
1163
holds a permit pursuant to chapter 368v, 370, 372, 373, 375 to 378,
1164
inclusive, 379 to 381b, inclusive, 382a, 383 to 385, inclusive, 388 or 397a
1165
to 399, inclusive;
1166
(2) "Assistance program" means the program established pursuant to
1167
section 19a-12a, as amended by this act, to provide education,
1168
prevention, intervention, referral assistance, rehabilitation or support
1169
services to health care professionals who have a chemical dependency,
1170
emotional or behavioral disorder or physical or mental illness; and
1171
(3) "Hospital" has the same meaning as provided in section 19a-490.
1172
Sec. 27. Subsection (b) of section 20-185k of the general statutes is
1173
repealed and the following is substituted in lieu thereof (Effective from
1174
passage):
1175
(b) A license issued under this section may be renewed annually. The
1176
license shall be renewed in accordance with the provisions of section
1177
19a-88, for a fee of one hundred [seventy-five] eighty dollars for
1178
applications for renewal of licenses that expire on or after October 1,
1179
2021. Each behavior analyst applying for license renewal shall furnish
1180
evidence satisfactory to the commissioner of having current certification
1181
with the Behavior Analyst Certification Board.
1182
Sec. 28. Subsection (a) of section 17a-412 of the general statutes is
1183
repealed and the following is substituted in lieu thereof (Effective October
1184
1, 2021):
1185
(a) Any physician or surgeon licensed under the provisions of chapter
1186
370, any resident physician or intern in any hospital in this state,
1187
whether or not so licensed, [and] any registered nurse, licensed practical
1188
nurse, medical examiner, dentist, optometrist, chiropractor, podiatrist,
1189
social worker, clergyman, police officer, pharmacist, physical therapist,
1190
long-term care facility administrator, nurse's aide or orderly in a long-
1191
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term care facility, any person paid for caring for a patient in a long-term
1192
care facility, any staff person employed by a long-term care facility,
1193
[and] any person who is a sexual assault counselor or a domestic
1194
violence counselor as defined in section 52-146k, and any behavior
1195
analyst licensed under the provisions of chapter 382a, who has
1196
reasonable cause to suspect or believe that a resident in a long-term care
1197
facility has been abused, neglected, exploited or abandoned, or is in a
1198
condition that is the result of such abuse, neglect, exploitation or
1199
abandonment, shall, not later than seventy-two hours after such
1200
suspicion or belief arose, report such information or cause a report to be
1201
made in any reasonable manner to the Commissioner of Social Services
1202
pursuant to chapter 319dd. Any person required to report under the
1203
provision of this section who fails to make such report within the
1204
prescribed time period shall be fined not more than five hundred
1205
dollars, except that, if such person intentionally fails to make such report
1206
within the prescribed time period, such person shall be guilty of a class
1207
C misdemeanor for the first offense and a class A misdemeanor for any
1208
subsequent offense.
1209
Sec. 29. Subsection (a) of section 17b-451 of the general statutes is
1210
repealed and the following is substituted in lieu thereof (Effective October
1211
1, 2021):
1212
(a) A mandatory reporter [, as defined in this section,] who has
1213
reasonable cause to suspect or believe that any elderly person has been
1214
abused, neglected, exploited or abandoned, or is in a condition that is
1215
the result of such abuse, neglect, exploitation or abandonment, or is in
1216
need of protective services, shall, not later than seventy-two hours after
1217
such suspicion or belief arose, report such information or cause a report
1218
to be made in any reasonable manner to the Commissioner of Social
1219
Services or to the person or persons designated by the commissioner to
1220
receive such reports. The term "mandatory reporter" means (1) any
1221
physician or surgeon licensed under the provisions of chapter 370, (2)
1222
any resident physician or intern in any hospital in this state, whether or
1223
not so licensed, (3) any registered nurse, (4) any nursing home
1224
administrator, nurse's aide or orderly in a nursing home facility or
1225
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residential care home, (5) any person paid for caring for a resident in a
1226
nursing home facility or residential care home, (6) any staff person
1227
employed by a nursing home facility or residential care home, (7) any
1228
residents' advocate, other than a representative of the Office of the Long-
1229
Term Care Ombudsman, as established under section 17a-405,
1230
including the State Ombudsman, (8) any licensed practical nurse,
1231
medical examiner, dentist, optometrist, chiropractor, podiatrist,
1232
behavior analyst, social worker, clergyman, police officer, pharmacist,
1233
psychologist or physical therapist, (9) any person paid for caring for an
1234
elderly person by any institution, organization, agency or facility,
1235
including without limitation, any employee of a community-based
1236
services provider, senior center, home care agency, homemaker and
1237
companion agency, adult day care center, village-model community
1238
and congregate housing facility, and (10) any person licensed or
1239
certified as an emergency medical services provider pursuant to chapter
1240
368d or chapter 384d, including any such emergency medical services
1241
provider who is a member of a municipal fire department. Any
1242
mandatory reporter who fails to make such report within the prescribed
1243
time period shall be fined not more than five hundred dollars, except
1244
that, if such person intentionally fails to make such report within the
1245
prescribed time period, such person shall be guilty of a class C
1246
misdemeanor for the first offense and a class A misdemeanor for any
1247
subsequent offense. Any institution, organization, agency or facility
1248
employing individuals to care for persons sixty years of age or older
1249
shall provide mandatory training on detecting potential abuse, neglect,
1250
exploitation and abandonment of such persons and inform such
1251
employees of their obligations under this section. For purposes of this
1252
subsection, "person paid for caring for an elderly person by any
1253
institution, organization, agency or facility" includes an employee of a
1254
community-based services provider, senior center, home health care
1255
agency, homemaker and companion agency, adult day care center,
1256
village-model community and congregate housing facility.
1257
Sec. 30. Section 19a-6o of the general statutes is repealed and the
1258
following is substituted in lieu thereof (Effective July 1, 2021):
1259
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(a) There is established, within available appropriations, within the
1260
Department of Public Health, a Palliative Care Advisory Council. The
1261
advisory council shall: (1) Analyze the current state of palliative care in
1262
the state; and (2) advise the department on matters relating to the
1263
improvement of palliative care and the quality of life for persons with
1264
serious or chronic illnesses.
1265
(b) The advisory council shall consist of the following members:
1266
(1) Two appointed by the Governor, one of whom shall be a physician
1267
certified by the American Board of Hospice and Palliative Medicine and
1268
one of whom shall be a registered nurse or advanced practice registered
1269
nurse certified by the National Board for Certification of Hospice and
1270
Palliative Nurses;
1271
(2) Seven appointed by the Commissioner of Public Health, each of
1272
whom shall be a licensed health care provider, with each appointee
1273
having experience or expertise in the provision of one of the following:
1274
(A) Inpatient palliative care in a hospital; (B) inpatient palliative care in
1275
a nursing home facility; (C) palliative care in the patient's home or a
1276
community setting; (D) pediatric palliative care; (E) palliative care for
1277
young adults; (F) palliative care for adults or elderly persons; and (G)
1278
inpatient palliative care in a psychiatric facility;
1279
(3) One appointed by the speaker of the House of Representatives,
1280
who shall be a licensed social worker experienced in working with
1281
persons with serious or chronic illness and their family members;
1282
(4) One appointed by the president pro tempore of the Senate, who
1283
shall be a licensed pharmacist experienced in working with persons
1284
with serious or chronic illness;
1285
(5) One appointed by the minority leader of the House of
1286
Representatives, who shall be a spiritual counselor experienced in
1287
working with persons with serious or chronic illness and their family
1288
members; and
1289
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(6) One appointed by the minority leader of the Senate, who shall be
1290
a representative of the American Cancer Society or a person experienced
1291
in advocating for persons with serious or chronic illness and their family
1292
members.
1293
(c) All appointments to the advisory council shall be made not later
1294
than December 31, 2013. Advisory council members shall serve three-
1295
year terms. Any vacancy shall be filled by the appointing authority.
1296
(d) Any appointment that is vacant for one year or more shall be
1297
made by the Commissioner of Public Health. The commissioner shall
1298
notify the appointing authority of the identity of the commissioner's
1299
choice for appointment not later than thirty days before making such
1300
appointment.
1301
[(d)] (e) Members shall receive no compensation except for
1302
reimbursement for necessary expenses incurred in performing their
1303
duties.
1304
[(e)] (f) The members shall elect the chairperson of the advisory
1305
council from among the members of the advisory council. A majority of
1306
the advisory council members shall constitute a quorum. Any action
1307
taken by the advisory council shall require a majority vote of those
1308
present. The first meeting of the advisory council shall be held not later
1309
than December 31, 2013. The advisory council shall meet biannually and
1310
at other times upon the call of the chairperson, upon the request of the
1311
Commissioner of Public Health or upon the request of a majority of the
1312
advisory council members.
1313
[(f)] (g) Not later than January 1, [2015] 2022, and [annually]
1314
biennially thereafter, the advisory council shall submit a report on its
1315
findings and recommendations to the Commissioner of Public Health
1316
and the joint standing committee of the General Assembly having
1317
cognizance of matters relating to public health, in accordance with the
1318
provisions of section 11-4a.
1319
Sec. 31. Section 19a-6q of the general statutes is repealed and the
1320
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following is substituted in lieu thereof (Effective from passage):
1321
[(a)] The Commissioner of Public Health, in consultation with the
1322
executive director of the Office of Health Strategy, established under
1323
section 19a-754a, and local and regional health departments, shall,
1324
within available resources, develop a plan that is consistent with the
1325
Department of Public Health's Healthy Connecticut 2020 health
1326
improvement plan and the state healthcare innovation plan developed
1327
pursuant to the State Innovation Model Initiative by the Centers for
1328
Medicare and Medicaid Services Innovation Center. The commissioner
1329
shall develop and implement such plan to: (1) Reduce the incidence of
1330
tobacco use, high blood pressure, health care associated infections,
1331
asthma, unintended pregnancy and diabetes; (2) improve chronic
1332
disease care coordination in the state; and (3) reduce the incidence and
1333
effects of chronic disease and improve outcomes for conditions
1334
associated with chronic disease in the state. The commissioner shall post
1335
such plan on the Department of Public Health's Internet web site.
1336
[(b) The commissioner shall, on or before January 15, 2015, and
1337
biennially thereafter, submit a report, in consultation with the executive
1338
director of the Office of Health Strategy, in accordance with the
1339
provisions of section 11-4a to the joint standing committee of the
1340
General Assembly having cognizance of matters relating to public
1341
health concerning chronic disease and implementation of the plan
1342
described in subsection (a) of this section. The commissioner shall post
1343
each report on the Department of Public Health's Internet web site not
1344
later than thirty days after submitting such report. Each report shall
1345
include, but need not be limited to: (1) A description of the chronic
1346
diseases that are most likely to cause a person's death or disability, the
1347
approximate number of persons affected by such chronic diseases and
1348
an assessment of the financial effects of each such disease on the state
1349
and on hospitals and health care facilities; (2) a description and
1350
assessment of programs and actions that have been implemented by the
1351
department and health care providers to improve chronic disease care
1352
coordination and prevent chronic disease; (3) the sources and amounts
1353
of funding received by the department to treat persons with multiple
1354
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chronic diseases and to treat or reduce the most prevalent chronic
1355
diseases in the state; (4) a description of chronic disease care
1356
coordination between the department and health care providers, to
1357
prevent and treat chronic disease; and (5) recommendations concerning
1358
actions that health care providers and persons with chronic disease may
1359
take to reduce the incidence and effects of chronic disease.]
1360
Sec. 32. Subsection (b) of section 19a-493 of the general statutes is
1361
repealed and the following is substituted in lieu thereof (Effective July 1,
1362
2021):
1363
(b) (1) A nursing home license may be renewed biennially after (A)
1364
an unscheduled inspection conducted by the department, (B)
1365
submission of the information required by section 19a-491a, and (C)
1366
submission of evidence satisfactory to the department that the nursing
1367
home is in compliance with the provisions of this chapter, the [Public
1368
Health Code] regulations of Connecticut state agencies and licensing
1369
regulations.
1370
(2) Any change in the ownership of a facility or institution, as defined
1371
in section 19a-490, owned by an individual, partnership or association
1372
or the change in ownership or beneficial ownership of ten per cent or
1373
more of the stock of a corporation which owns, conducts, operates or
1374
maintains such facility or institution, shall be subject to prior approval
1375
of the department after a scheduled inspection of such facility or
1376
institution is conducted by the department, provided such approval
1377
shall be conditioned upon a showing by such facility or institution to the
1378
commissioner that it has complied with all requirements of this chapter,
1379
the regulations relating to licensure and all applicable requirements of
1380
the [Public Health Code] regulations of Connecticut state agencies. Any
1381
such change in ownership or beneficial ownership resulting in a transfer
1382
to a person related by blood or marriage to such an owner or beneficial
1383
owner shall not be subject to prior approval of the department unless:
1384
(A) Ownership or beneficial ownership of ten per cent or more of the
1385
stock of a corporation, limited liability company, partnership or
1386
association which owns, conducts, operates or maintains more than one
1387
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facility or institution is transferred; (B) ownership or beneficial
1388
ownership is transferred in more than one facility or institution; or (C)
1389
the facility or institution is the subject of a pending complaint,
1390
investigation or licensure action. If the facility or institution is not in
1391
compliance, the commissioner may require the new owner to sign a
1392
consent order providing reasonable assurances that the violations shall
1393
be corrected within a specified period of time. Notice of any such
1394
proposed change of ownership shall be given to the department at least
1395
one hundred twenty days prior to the effective date of such proposed
1396
change. For the purposes of this subdivision, "a person related by blood
1397
or marriage" means a parent, spouse, child, brother, sister, aunt, uncle,
1398
niece or nephew. For the purposes of this subdivision, a change in the
1399
legal form of the ownership entity, including, but not limited to, changes
1400
from a corporation to a limited liability company, a partnership to a
1401
limited liability partnership, a sole proprietorship to a corporation and
1402
similar changes, shall not be considered a change of ownership if the
1403
beneficial ownership remains unchanged and the owner provides such
1404
information regarding the change to the department as may be required
1405
by the department in order to properly identify the current status of
1406
ownership and beneficial ownership of the facility or institution. For the
1407
purposes of this subdivision, a public offering of the stock of any
1408
corporation that owns, conducts, operates or maintains any such facility
1409
or institution shall not be considered a change in ownership or beneficial
1410
ownership of such facility or institution if the licensee and the officers
1411
and directors of such corporation remain unchanged, such public
1412
offering cannot result in an individual or entity owning ten per cent or
1413
more of the stock of such corporation, and the owner provides such
1414
information to the department as may be required by the department in
1415
order to properly identify the current status of ownership and beneficial
1416
ownership of the facility or institution.
1417
Sec. 33. (NEW) (Effective July 1, 2021) A health care facility licensed
1418
pursuant to chapter 368v of the general statutes shall have policies and
1419
procedures in place that reflect the National Centers for Disease Control
1420
and Prevention's recommendations for tuberculosis screening, testing,
1421
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treatment and education for health care personnel. Notwithstanding
1422
any provision of the general statutes or any regulations adopted
1423
thereunder, any employee providing direct patient care in a facility
1424
licensed pursuant to chapter 368v of the general statutes shall receive
1425
tuberculosis screening and testing in compliance with the licensed
1426
health care facility's policies and procedures.
1427
Sec. 34. Subsection (c) of section 19a-343 of the general statutes is
1428
repealed and the following is substituted in lieu thereof (Effective October
1429
1, 2021):
1430
(c) Three or more arrests, the issuance of three or more arrest
1431
warrants indicating a pattern of criminal activity and not isolated
1432
incidents or the issuance of three or more citations for a violation of a
1433
municipal ordinance as described in subdivision (14) of this subsection,
1434
for the following offenses shall constitute the basis for bringing an action
1435
to abate a public nuisance:
1436
(1) Prostitution under section 53a-82, 53a-83, 53a-86, 53a-87, 53a-88 or
1437
53a-89.
1438
(2) Promoting an obscene performance or obscene material under
1439
section 53a-196 or 53a-196b, employing a minor in an obscene
1440
performance under section 53a-196a, importing child pornography
1441
under section 53a-196c, possessing child pornography in the first degree
1442
under section 53a-196d, possessing child pornography in the second
1443
degree under section 53a-196e or possessing child pornography in the
1444
third degree under section 53a-196f.
1445
(3) Transmission of gambling information under section 53-278b or
1446
53-278d or maintaining of a gambling premises under section 53-278e.
1447
(4) Offenses for the sale of controlled substances, possession of
1448
controlled substances with intent to sell, or maintaining a drug factory
1449
under section 21a-277, 21a-278 or 21a-278a or use of the property by
1450
persons possessing controlled substances under section 21a-279.
1451
Nothing in this section shall prevent the state from also proceeding
1452
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against property under section 21a-259 or 54-36h.
1453
(5) Unauthorized sale of alcoholic liquor under section 30-74 or
1454
disposing of liquor without a permit under section 30-77, or sale or
1455
delivery of alcoholic liquor to any minor under subdivision (1) of
1456
subsection (b) of section 30-86 or the sale, delivery or giving of alcoholic
1457
liquor to a minor under subdivision (2) of subsection (b) of section 30-
1458
86.
1459
(6) Maintaining a motor vehicle chop shop under section 14-149a.
1460
(7) Inciting injury to persons or property under section 53a-179a.
1461
(8) Murder or manslaughter under section 53a-54a, 53a-54b, 53a-55,
1462
53a-56 or 53a-56a.
1463
(9) Assault under section 53a-59, 53a-59a, subdivision (1) of
1464
subsection (a) of section 53a-60 or section 53a-60a or 53a-61.
1465
(10) Sexual assault under section 53a-70 or 53a-70a.
1466
(11) Fire safety violations under section 29-291a, 29-291c, 29-292,
1467
subsection (b) of section 29-310, or section 29-315, 29-349 or 29-357.
1468
(12) Firearm offenses under section 29-35, 53-202aa, 53-203, 53a-211,
1469
53a-212, 53a-216, 53a-217 or 53a-217c.
1470
(13) Illegal manufacture, sale, possession or dispensing of a drug
1471
under subdivision (2) of section 21a-108.
1472
(14) Violation of a municipal ordinance resulting in the issuance of a
1473
citation for (A) excessive noise on nonresidential real property that
1474
significantly impacts the surrounding area, provided the municipality's
1475
excessive noise ordinance is based on an objective standard, (B) owning
1476
or leasing a dwelling unit that provides residence to an excessive
1477
number of unrelated persons resulting in dangerous or unsanitary
1478
conditions that significantly impact the safety of the surrounding area,
1479
or (C) impermissible operation of (i) a business that permits persons
1480
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who are not licensed pursuant to section 20-206b to engage in the
1481
practice of massage therapy, or (ii) a massage parlor, as defined by the
1482
applicable municipal ordinance, that significantly impacts the safety of
1483
the surrounding area.
1484
Sec. 35. Section 19a-131g of the general statutes is repealed and the
1485
following is substituted in lieu thereof (Effective from passage):
1486
The Commissioner of Public Health shall establish a Public Health
1487
Preparedness Advisory Committee for purposes of advising the
1488
Department of Public Health on matters concerning emergency
1489
responses to a public health emergency. The advisory committee shall
1490
consist of the Commissioner of Public Health, or his or her designee, the
1491
Commissioner of Emergency Services and Public Protection, or his or
1492
her designee, the president pro tempore of the Senate, or his or her
1493
designee, the speaker of the House of Representatives, or his or her
1494
designee, the majority and minority leaders of both houses of the
1495
General Assembly, or their designees, and the chairpersons and ranking
1496
members of the joint standing committees of the General Assembly
1497
having cognizance of matters relating to public health, public safety and
1498
the judiciary, or their designees, and representatives of town, city,
1499
borough and district directors of health, as appointed by the
1500
commissioner, and any other organization or persons that the
1501
commissioner deems relevant to the issues of public health
1502
preparedness. Upon the request of the commissioner, the Public Health
1503
Preparedness Advisory Committee may meet to review the plan for
1504
emergency responses to a public health emergency and other matters as
1505
deemed necessary by the commissioner.
1506
Sec. 36. Subsection (d) of section 19a-30 of the general statutes is
1507
repealed and the following is substituted in lieu thereof (Effective July 1,
1508
2021):
1509
(d) A nonrefundable fee of two hundred dollars shall accompany
1510
each application for a license or for renewal thereof, except in the case
1511
of a clinical laboratory owned and operated by a municipality, the state,
1512
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the United States, [or] any agency of said municipality, state or United
1513
States or any hospital. Each license shall be issued for a period of not
1514
less than twenty-four nor more than twenty-seven months from the
1515
deadline for applications established by the commissioner. Renewal
1516
applications shall be made (1) biennially within the twenty-fourth
1517
month of the current license; (2) before any change in ownership or
1518
change in director is made; and (3) prior to any major expansion or
1519
alteration in quarters. The licensed clinical laboratory shall report to the
1520
Department of Public Health, in a form and manner prescribed by the
1521
commissioner, the name and address of each blood collection facility
1522
owned and operated by the clinical laboratory, prior to the issuance of
1523
a new license, prior to the issuance of a renewal license or whenever a
1524
blood collection facility opens or closes.
1525
Sec. 37. Subsection (b) of section 20-365 of the general statutes is
1526
repealed and the following is substituted in lieu thereof (Effective July 1,
1527
2021):
1528
(b) Nothing in section 19a-200, as amended by this act, subsection (a)
1529
of section 19a-206, or sections 19a-207, 19a-242, 20-358 or 20-360 to 20-
1530
365, inclusive, shall prevent any of the following persons from engaging
1531
in the performance of their duties: (1) Any person certified by the
1532
Department of Public Health as a food or sewage inspector in
1533
accordance with regulations adopted pursuant to section 19a-36, (2) any
1534
person employed by a local health department performing the duties of
1535
a lead inspector who complies with training standards established
1536
pursuant to section 20-479, (3) a director of health acting pursuant to
1537
[subsection (a) of] section 19a-200, as amended by this act or section 19a-
1538
244, as amended by this act, (4) any employee of a water utility or federal
1539
or state agency performing his duties in accordance with applicable
1540
statutes and regulations, (5) any person employed by a local health
1541
department working under the direct supervision of a licensed
1542
sanitarian, (6) any person licensed or certified by the Department of
1543
Public Health in a specific program performing certain duties that are
1544
included within the duties of a sanitarian, or (7) a student enrolled in an
1545
accredited academic program leading to a degree in environmental
1546
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health or completing a special training course in environmental health
1547
approved by the commissioner, provided such student is clearly
1548
identified by a title which indicates his or her status as a student.
1549
Sec. 38. Subsection (b) of section 20-195u of the general statutes is
1550
repealed and the following is substituted in lieu thereof (Effective from
1551
passage):
1552
(b) Continuing education required pursuant to this section shall be
1553
related to the practice of social work and shall include not less than one
1554
contact hour of training or education each registration period on the
1555
topic of cultural competency and, on and after January 1, 2016, not less
1556
than two contact hours of training or education during the first renewal
1557
period in which continuing education is required and not less than once
1558
every six years thereafter on the topic of mental health conditions
1559
common to veterans and family members of veterans, including (1)
1560
determining whether a patient is a veteran or family member of a
1561
veteran, (2) screening for conditions such as post-traumatic stress
1562
disorder, risk of suicide, depression and grief, and (3) suicide prevention
1563
training. Such continuing education shall consist of courses, workshops
1564
and conferences offered or approved by the Association of Social Work
1565
Boards, the National Association of Social Workers or a school or
1566
department of social work accredited by the Council on Social Work
1567
Education. A licensee's ability to engage in on-line and home study
1568
continuing education shall be limited to not more than [six] ten hours
1569
per registration period. Within the registration period, an initial
1570
presentation by a licensee of an original paper, essay or formal lecture
1571
in social work to a recognized group of fellow professionals may
1572
account for five hours of continuing education hours of the aggregate
1573
continuing education requirements prescribed in this section.
1574
Sec. 39. Subsection (a) of section 20-265h of the general statutes is
1575
repealed and the following is substituted in lieu thereof (Effective from
1576
passage):
1577
(a) On and after July 1, 2021, each spa or salon that employs
1578
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hairdressers and cosmeticians, estheticians, eyelash technicians, [or] nail
1579
technicians or massage therapists shall be under the management of a
1580
hairdresser and cosmetician registered under this chapter, an esthetician
1581
licensed under section 20-265b or 20-265f, an eyelash technician licensed
1582
under section 20-265c or 20-265f, [or] a nail technician licensed under
1583
section 20-265d or 20-265f or a massage therapist licensed under chapter
1584
384a.
1585
Sec. 40. Subsection (a) of section 19a-131j of the general statutes is
1586
repealed and the following is substituted in lieu thereof (Effective from
1587
passage):
1588
(a) The commissioner may issue an order to temporarily suspend, for
1589
a period not to exceed sixty consecutive days, the requirements for
1590
licensure, certification or registration, pursuant to chapters 368d, 370,
1591
376 to 376c, inclusive, 378, 378a, 379, 379a, 381a, 382a, 383 to 383c,
1592
inclusive, 383d, 383f, 383g, 384b, 384d, 385, 395, 399, 400a, 400j and 474,
1593
to allow persons who are appropriately licensed, certified or registered
1594
in another state or territory of the United States or the District of
1595
Columbia, to render temporary assistance within the scope of the
1596
profession for which a person is licensed, certified or registered, in
1597
managing a public health emergency in this state, declared by the
1598
Governor pursuant to section 19a-131a. Nothing in this section shall be
1599
construed to permit a person to provide services beyond the scope
1600
allowed in the chapter specified in this section that pertains to such
1601
person's profession.
1602
Sec. 41. Subsection (a) of section 19a-512 of the general statutes is
1603
repealed and the following is substituted in lieu thereof (Effective July 1,
1604
2021):
1605
(a) In order to be eligible for licensure by examination pursuant to
1606
sections 19a-511 to 19a-520, inclusive, a person shall submit an
1607
application, together with a fee of two hundred dollars, and proof
1608
satisfactory to the Department of Public Health that he (1) is physically
1609
and emotionally capable of administering a nursing home; (2) has
1610
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satisfactorily completed a program of instruction and training,
1611
including residency training which meets the requirements of
1612
subsection (b) of this section and which is approved by the
1613
Commissioner of Public Health; and (3) has passed an examination
1614
prescribed [and administered] by the Department of Public Health
1615
designed to test the applicant's knowledge and competence in the
1616
subject matter referred to in subsection (b) of this section. Passing scores
1617
shall be established by the department.
1618
Sec. 42. Section 19a-490 of the general statutes is repealed and the
1619
following is substituted in lieu thereof (Effective July 1, 2021):
1620
(a) "Institution" means a hospital, short-term hospital special hospice,
1621
hospice inpatient facility, residential care home, nursing home facility,
1622
home health care agency, hospice home health care agency, home health
1623
aide agency, behavioral health facility, assisted living services agency,
1624
[substance abuse treatment facility,] outpatient surgical facility,
1625
outpatient clinic, an infirmary operated by an educational institution for
1626
the care of students enrolled in, and faculty and employees of, such
1627
institution; a facility engaged in providing services for the prevention,
1628
diagnosis, treatment or care of human health conditions, including
1629
facilities operated and maintained by any state agency; and a residential
1630
facility for persons with intellectual disability licensed pursuant to
1631
section 17a-227 and certified to participate in the Title XIX Medicaid
1632
program as an intermediate care facility for individuals with intellectual
1633
disability. "Institution" does not include any facility for the care and
1634
treatment of persons with mental illness or substance use disorder
1635
operated or maintained by any state agency, except Whiting Forensic
1636
Hospital;
1637
(b) "Hospital" means an establishment for the lodging, care and
1638
treatment of persons suffering from disease or other abnormal physical
1639
or mental conditions and includes inpatient psychiatric services in
1640
general hospitals;
1641
(c) "Residential care home" or "rest home" means a community
1642
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residence that furnishes, in single or multiple facilities, food and shelter
1643
to two or more persons unrelated to the proprietor and, in addition,
1644
provides services that meet a need beyond the basic provisions of food,
1645
shelter and laundry and may qualify as a setting that allows residents to
1646
receive home and community-based services funded by state and
1647
federal programs;
1648
(d) "Home health care agency" means a public or private
1649
organization, or a subdivision thereof, engaged in providing
1650
professional nursing services and the following services, available
1651
twenty-four hours per day, in the patient's home or a substantially
1652
equivalent environment: Home health aide services as defined in this
1653
section, physical therapy, speech therapy, occupational therapy or
1654
medical social services. The agency shall provide professional nursing
1655
services and at least one additional service directly and all others
1656
directly or through contract. An agency shall be available to enroll new
1657
patients seven days a week, twenty-four hours per day;
1658
(e) "Home health aide agency" means a public or private
1659
organization, except a home health care agency, which provides in the
1660
patient's home or a substantially equivalent environment supportive
1661
services which may include, but are not limited to, assistance with
1662
personal hygiene, dressing, feeding and incidental household tasks
1663
essential to achieving adequate household and family management.
1664
Such supportive services shall be provided under the supervision of a
1665
registered nurse and, if such nurse determines appropriate, shall be
1666
provided by a social worker, physical therapist, speech therapist or
1667
occupational therapist. Such supervision may be provided directly or
1668
through contract;
1669
(f) "Home health aide services" as defined in this section shall not
1670
include services provided to assist individuals with activities of daily
1671
living when such individuals have a disease or condition that is chronic
1672
and stable as determined by a physician licensed in the state;
1673
(g) "Behavioral health facility" means any facility that provides
1674
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mental health services to persons eighteen years of age or older or
1675
substance use disorder services to persons of any age in an outpatient
1676
treatment or residential setting to ameliorate mental, emotional,
1677
behavioral or substance use disorder issues;
1678
(h) "Alcohol or drug treatment facility" means any facility for the care
1679
or treatment of persons suffering from alcoholism or other drug
1680
addiction;
1681
(i) "Person" means any individual, firm, partnership, corporation,
1682
limited liability company or association;
1683
(j) "Commissioner" means the Commissioner of Public Health or the
1684
commissioner's designee;
1685
(k) "Home health agency" means an agency licensed as a home health
1686
care agency or a home health aide agency;
1687
(l) "Assisted living services agency" means an agency that provides,
1688
among other things, nursing services and assistance with activities of
1689
daily living and that may provide memory care to a population that is
1690
chronic and stable;
1691
(m) "Outpatient clinic" means an organization operated by a
1692
municipality or a corporation, other than a hospital, that provides (1)
1693
ambulatory medical care, including preventive and health promotion
1694
services, (2) dental care, or (3) mental health services in conjunction with
1695
medical or dental care for the purpose of diagnosing or treating a health
1696
condition that does not require the patient's overnight care;
1697
(n) "Multicare institution" means a hospital that provides outpatient
1698
behavioral health services or other health care services, psychiatric
1699
outpatient clinic for adults, free-standing facility for the care or
1700
treatment of substance abusive or dependent persons, hospital for
1701
psychiatric disabilities, as defined in section 17a-495, or a general acute
1702
care hospital that provides outpatient behavioral health services that (1)
1703
is licensed in accordance with this chapter, (2) has more than one facility
1704
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or one or more satellite units owned and operated by a single licensee,
1705
and (3) offers complex patient health care services at each facility or
1706
satellite unit. For purposes of this subsection, "satellite unit" means a
1707
location where a segregated unit of services is provided by the multicare
1708
institution;
1709
(o) "Nursing home" or "nursing home facility" means (1) any chronic
1710
and convalescent nursing home or any rest home with nursing
1711
supervision that provides nursing supervision under a medical director
1712
twenty-four hours per day, or (2) any chronic and convalescent nursing
1713
home that provides skilled nursing care under medical supervision and
1714
direction to carry out nonsurgical treatment and dietary procedures for
1715
chronic diseases, convalescent stages, acute diseases or injuries; [and]
1716
(p) "Outpatient dialysis unit" means (1) an out-of-hospital out-patient
1717
dialysis unit that is licensed by the department to provide (A) services
1718
on an out-patient basis to persons requiring dialysis on a short-term
1719
basis or for a chronic condition, or (B) training for home dialysis, or (2)
1720
an in-hospital dialysis unit that is a special unit of a licensed hospital
1721
designed, equipped and staffed to (A) offer dialysis therapy on an out-
1722
patient basis, (B) provide training for home dialysis, and (C) perform
1723
renal transplantations; [.] and
1724
(q) "Hospice home health care agency" means a public or private
1725
organization that provides home care and hospice services to terminally
1726
ill patients.
1727
Sec. 43. Subsections (b) to (i), inclusive, of section 19a-491 of the
1728
general statutes are repealed and the following is substituted in lieu
1729
thereof (Effective July 1, 2021):
1730
(b) If any person acting individually or jointly with any other person
1731
owns real property or any improvements thereon, upon or within which
1732
an institution, as defined in subsections (c) and (o) of section 19a-490, is
1733
established, conducted, operated or maintained and is not the licensee
1734
of the institution, such person shall submit a copy of the lease agreement
1735
to the department at the time of any change of ownership and with each
1736
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license renewal application. The lease agreement shall, at a minimum,
1737
identify the person or entity responsible for the maintenance and repair
1738
of all buildings and structures within which such an institution is
1739
established, conducted or operated. If a violation is found as a result of
1740
an inspection or investigation, the commissioner may require the owner
1741
to sign a consent order providing assurances that repairs or
1742
improvements necessary for compliance with the provisions of the
1743
[Public Health Code] regulations of Connecticut state agencies shall be
1744
completed within a specified period of time or may assess a civil penalty
1745
of not more than one thousand dollars for each day that such owner is
1746
in violation of the [Public Health Code] regulations of Connecticut state
1747
agencies or a consent order. A consent order may include a provision
1748
for the establishment of a temporary manager of such real property who
1749
has the authority to complete any repairs or improvements required by
1750
such order. Upon request of the Commissioner of Public Health, the
1751
Attorney General may petition the Superior Court for such equitable
1752
and injunctive relief as such court deems appropriate to ensure
1753
compliance with the provisions of a consent order. The provisions of
1754
this subsection shall not apply to any property or improvements owned
1755
by a person licensed in accordance with the provisions of subsection (a)
1756
of this section to establish, conduct, operate or maintain an institution
1757
on or within such property or improvements.
1758
(c) Notwithstanding any regulation, the Commissioner of Public
1759
Health shall charge the following fees for the biennial licensing and
1760
inspection of the following institutions: (1) Chronic and convalescent
1761
nursing homes, per site, four hundred forty dollars; (2) chronic and
1762
convalescent nursing homes, per bed, five dollars; (3) rest homes with
1763
nursing supervision, per site, four hundred forty dollars; (4) rest homes
1764
with nursing supervision, per bed, five dollars; (5) outpatient dialysis
1765
units and outpatient surgical facilities, six hundred twenty-five dollars;
1766
(6) mental health residential facilities, per site, three hundred seventy-
1767
five dollars; (7) mental health residential facilities, per bed, five dollars;
1768
(8) hospitals, per site, nine hundred forty dollars; (9) hospitals, per bed,
1769
seven dollars and fifty cents; (10) nonstate agency educational
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institutions, per infirmary, one hundred fifty dollars; (11) nonstate
1771
agency educational institutions, per infirmary bed, twenty-five dollars;
1772
(12) home health care agencies, except certified home health care
1773
agencies described in subsection (d) of this section, per agency, three
1774
hundred dollars; (13) home health care agencies, hospice home health
1775
care agencies, or home health aide agencies, except certified home
1776
health care agencies, hospice home health care agencies or home health
1777
aide agencies described in subsection (d) of this section, per satellite
1778
patient service office, one hundred dollars; (14) assisted living services
1779
agencies, except such agencies participating in the congregate housing
1780
facility pilot program described in section 8-119n, per site, five hundred
1781
dollars; (15) short-term hospitals special hospice, per site, nine hundred
1782
forty dollars; (16) short-term hospitals special hospice, per bed, seven
1783
dollars and fifty cents; (17) hospice inpatient facility, per site, four
1784
hundred forty dollars; and (18) hospice inpatient facility, per bed, five
1785
dollars.
1786
(d) Notwithstanding any regulation, the commissioner shall charge
1787
the following fees for the triennial licensing and inspection of the
1788
following institutions: (1) Residential care homes, per site, five hundred
1789
sixty-five dollars; (2) residential care homes, per bed, four dollars and
1790
fifty cents; (3) home health care agencies that are certified as a provider
1791
of services by the United States Department of Health and Human
1792
Services under the Medicare or Medicaid program, three hundred
1793
dollars; and (4) certified home health care agencies or hospice home
1794
health care agencies, as described in section 19a-493, as amended by this
1795
act, per satellite patient service office, one hundred dollars.
1796
(e) The commissioner shall charge one thousand dollars for the
1797
licensing and inspection of outpatient clinics that provide either medical
1798
or mental health service, urgent care services and well-child clinical
1799
services, except those operated by a municipal health department,
1800
health district or licensed nonprofit nursing or community health
1801
agency. Such licensing and inspection shall be performed every three
1802
years, except those outpatient clinics that have obtained accreditation
1803
from a national accrediting organization within the immediately
1804
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preceding twelve-month period may be inspected by the commissioner
1805
once every four years, provided the outpatient clinic has not committed
1806
any violation that the commissioner determines would pose an
1807
immediate threat to the health, safety or welfare of the patients of the
1808
outpatient clinic. The provisions of this subsection shall not be
1809
construed to limit the commissioner's authority to inspect any applicant
1810
for licensure or renewal of licensure as an outpatient clinic, suspend or
1811
revoke any license granted to an outpatient clinic pursuant to this
1812
section or take any other legal action against an outpatient clinic that is
1813
authorized by any provision of the general statutes.
1814
(f) Any institution that is planning a project for construction or
1815
building alteration shall provide the plan for such project to the
1816
Department of Public Health for review. Any such project shall comply
1817
with nationally established facility guidelines for health care
1818
construction, as approved by the commissioner, that are in place at the
1819
time the institution provides the plan to the department. The
1820
commissioner shall post a reference to such guidelines, including the
1821
effective date of such guidelines, on the Department of Public Health's
1822
Internet web site. No institution shall be required to include matters
1823
outside the scope and applicability of such guidelines in the institution's
1824
plan.
1825
(g) The commissioner shall charge a fee of five hundred sixty-five
1826
dollars for the technical assistance provided for the design, review and
1827
development of an institution's construction, renovation, building
1828
alteration, sale or change in ownership when the cost of the project is
1829
one million dollars or less and shall charge a fee of one-quarter of one
1830
per cent of the total construction cost when the cost of the project is more
1831
than one million dollars. Such fee shall include all department reviews
1832
and on-site inspections. For purposes of this subsection, "institution"
1833
does not include a facility owned by the state.
1834
(h) The commissioner may require as a condition of the licensure of a
1835
home health care [agencies] agency, hospice home health care agency
1836
and home health aide [agencies] agency that each agency meet
1837
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minimum service quality standards. In the event the commissioner
1838
requires such agencies to meet minimum service quality standards as a
1839
condition of their licensure, the commissioner shall adopt regulations,
1840
in accordance with the provisions of chapter 54, to define such
1841
minimum service quality standards, which shall (1) allow for training of
1842
home health aides by adult continuing education, (2) require a
1843
registered nurse to visit and assess each patient receiving home health
1844
aide services as often as necessary based on the patient's condition, but
1845
not less than once every sixty days, and (3) require the assessment
1846
prescribed by subdivision (2) of this subsection to be completed while
1847
the home health aide is providing services in the patient's home.
1848
(i) No person acting individually or jointly with any other person
1849
shall establish, conduct, operate or maintain a home health care agency,
1850
hospice home health care agency or home health aide agency without
1851
maintaining professional liability insurance or other indemnity against
1852
liability for professional malpractice. The amount of insurance which
1853
such person shall maintain as insurance or indemnity against claims for
1854
injury or death for professional malpractice shall be not less than one
1855
million dollars for one person, per occurrence, with an aggregate of not
1856
less than three million dollars.
1857
Sec. 44. Subdivision (4) of subsection (a) of section 19a-491c of the
1858
general statutes is repealed and the following is substituted in lieu
1859
thereof (Effective July 1, 2021):
1860
(4) "Long-term care facility" means any facility, agency or provider
1861
that is a nursing home, as defined in section 19a-521, a residential care
1862
home, as defined in section 19a-521, a home health care agency, hospice
1863
home health care agency or home health aide agency, as defined in
1864
section 19a-490, as amended by this act, an assisted living services
1865
agency, as defined in section 19a-490, as amended by this act, an
1866
intermediate care facility for individuals with intellectual disabilities, as
1867
defined in 42 USC 1396d(d), except any such facility operated by a
1868
Department of Developmental Services' program subject to background
1869
checks pursuant to section 17a-227a, a chronic disease hospital, as
1870
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defined in section 19a-550, or an agency providing hospice care which
1871
is licensed to provide such care by the Department of Public Health or
1872
certified to provide such care pursuant to 42 USC 1395x.
1873
Sec. 45. Section 19a-492b of the general statutes is repealed and the
1874
following is substituted in lieu thereof (Effective July 1, 2021):
1875
(a) A home health care agency or hospice home health care agency
1876
that receives payment for rendering care to persons receiving medical
1877
assistance from the state, assistance from the Connecticut home-care
1878
program for the elderly pursuant to section 17b-342, or funds obtained
1879
through Title XVIII of the Social Security Amendments of 1965 shall be
1880
prohibited from discriminating against such persons who apply for
1881
enrollment to such home health care agency on the basis of source of
1882
payment.
1883
(b) Any home health care agency or hospice home health care agency
1884
which violates the provisions of this section shall be subject to
1885
suspension or revocation of license.
1886
Sec. 46. Subsection (b) of section 19a-492c of the general statutes is
1887
repealed and the following is substituted in lieu thereof (Effective July 1,
1888
2021):
1889
(b) A home health care agency or hospice home health care agency
1890
licensed pursuant to this chapter that provides hospice services in a
1891
rural town and is unable to access licensed or Medicare-certified hospice
1892
care to consistently provide adequate services to patients in the rural
1893
town may apply to the Commissioner of Public Health for a waiver from
1894
the regulations licensing such agency adopted pursuant to this chapter.
1895
The waiver may authorize one or more of the following: (1) The agency's
1896
supervisor of clinical services may also serve as the supervisor of clinical
1897
services assigned to the hospice program; (2) the hospice volunteer
1898
coordinator and the hospice program director may be permanent part-
1899
time employees; and (3) the program director may perform other
1900
services at the agency, including, but not limited to, hospice volunteer
1901
coordinator. The commissioner shall not grant a waiver unless the
1902
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commissioner determines that such waiver will not adversely impact
1903
the health, safety and welfare of hospice patients and their families. The
1904
waiver shall be in effect for two years. An agency may reapply for such
1905
a waiver.
1906
Sec. 47. Section 19a-492d of the general statutes is repealed and the
1907
following is substituted in lieu thereof (Effective July 1, 2021):
1908
On and after October 1, 2007, a nurse who is employed by an agency
1909
licensed by the Department of Public Health as a home health care
1910
agency, hospice home health care agency or [a] home health aide agency
1911
may administer influenza and pneumococcal vaccines to persons in
1912
their homes, after an assessment for contraindications, without a
1913
physician's order in accordance with a physician-approved agency
1914
policy that includes an anaphylaxis protocol. In the event of an adverse
1915
reaction to the vaccine, such nurse may also administer epinephrine or
1916
other anaphylaxis medication without a physician's order in accordance
1917
with the physician-approved agency policy. For purposes of this
1918
section, "nurse" means an advanced practice registered nurse, registered
1919
nurse or practical nurse licensed under chapter 378.
1920
Sec. 48. Section 19a-492e of the general statutes is repealed and the
1921
following is substituted in lieu thereof (Effective July 1, 2021):
1922
(a) For purposes of this section "home health care agency" and
1923
"hospice home health care agency" [has] have the same [meaning]
1924
meanings as provided in section 19a-490, as amended by this act.
1925
Notwithstanding the provisions of chapter 378, a registered nurse may
1926
delegate the administration of medications that are not administered by
1927
injection to home health aides and hospice home health care aides who
1928
have obtained certification and recertification every three years
1929
thereafter for medication administration in accordance with regulations
1930
adopted pursuant to subsection (b) of this section, unless the prescribing
1931
practitioner specifies that a medication shall only be administered by a
1932
licensed nurse. Any home health aide or hospice home health care aide
1933
who obtained certification in the administration of medications on or
1934
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before June 30, 2015, shall obtain recertification on or before July 1, 2018.
1935
(b) (1) The Commissioner of Public Health shall adopt regulations, in
1936
accordance with the provisions of chapter 54, to carry out the provisions
1937
of this section. Such regulations shall require each home health care
1938
agency or hospice home health care agency that serves clients requiring
1939
assistance with medication administration to (A) adopt practices that
1940
increase and encourage client choice, dignity and independence; (B)
1941
establish policies and procedures to ensure that a registered nurse may
1942
delegate allowed tasks of nursing care, to include medication
1943
administration, to home health aides or hospice home health care aides
1944
when the registered nurse determines that it is in the best interest of the
1945
client and the home health aide or hospice home health care aide has
1946
been deemed competent to perform the task; (C) designate home health
1947
aides or hospice home health care aides to obtain certification and
1948
recertification for the administration of medication; and (D) ensure that
1949
such home health aides receive such certification and recertification.
1950
(2) The regulations shall establish certification and recertification
1951
requirements for medication administration and the criteria to be used
1952
by home health care agencies or hospice home health care agencies that
1953
provide services for clients requiring assistance with medication
1954
administration in determining (A) which home health aides or hospice
1955
home health care aides shall obtain such certification and recertification,
1956
and (B) education and skill training requirements, including ongoing
1957
training requirements for such certification and recertification.
1958
(3) Education and skill training requirements for initial certification
1959
and recertification shall include, but not be limited to, initial orientation,
1960
training in client rights and identification of the types of medication that
1961
may be administered by unlicensed personnel, behavioral management,
1962
personal care, nutrition and food safety, and health and safety in
1963
general.
1964
(c) Each home health care agency or hospice home health care agency
1965
shall ensure that, on or before January 1, 2013, delegation of nursing care
1966
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tasks in the home care setting is allowed within such agency and that
1967
policies are adopted to employ home health aides or hospice home
1968
health care aides for the purposes of allowing nurses to delegate such
1969
tasks.
1970
(d) A registered nurse licensed pursuant to the provisions of chapter
1971
378 who delegates the task of medication administration to a home
1972
health aide or hospice home health care aide pursuant to this section
1973
shall not be subject to disciplinary action based on the performance of
1974
the home health aide or hospice home health care aide to whom tasks
1975
are delegated, unless the home health aide or hospice home health care
1976
aide is acting pursuant to specific instructions from the registered nurse
1977
or the registered nurse fails to leave instructions when the nurse should
1978
have done so, provided the registered nurse: (1) Documented in the
1979
patient's care plan that the medication administration could be properly
1980
and safely performed by the home health aide or hospice home health
1981
care aide to whom it is delegated, (2) provided initial direction to the
1982
home health aide or hospice home health care aide, and (3) provided
1983
ongoing supervision of the home health aide or hospice home health
1984
care aide, including the periodic assessment and evaluation of the
1985
patient's health and safety related to medication administration.
1986
(e) A registered nurse who delegates the provision of nursing care to
1987
another person pursuant to this section shall not be subject to an action
1988
for civil damages for the performance of the person to whom nursing
1989
care is delegated unless the person is acting pursuant to specific
1990
instructions from the nurse or the nurse fails to leave instructions when
1991
the nurse should have done so.
1992
(f) No person may coerce a registered nurse into compromising
1993
patient safety by requiring the nurse to delegate the administration of
1994
medication if the nurse's assessment of the patient documents a need for
1995
a nurse to administer medication and identifies why the need cannot be
1996
safely met through utilization of assistive technology or administration
1997
of medication by certified home health aides or hospice home health
1998
care aides. No registered nurse who has made a reasonable
1999
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determination based on such assessment that delegation may
2000
compromise patient safety shall be subject to any employer reprisal or
2001
disciplinary action pursuant to chapter 378 for refusing to delegate or
2002
refusing to provide the required training for such delegation. The
2003
Department of Social Services, in consultation with the Department of
2004
Public Health, [and] home health care agencies and hospice home health
2005
care agencies, shall develop protocols for documentation pursuant to
2006
the requirements of this subsection. The Department of Social Services
2007
shall notify all licensed home health care agencies and hospice home
2008
health care agencies of such protocols prior to the implementation of
2009
this section.
2010
(g) The Commissioner of Public Health may implement policies and
2011
procedures necessary to administer the provisions of this section while
2012
in the process of adopting such policies and procedures as regulations,
2013
provided notice of intent to adopt regulations is published in the
2014
Connecticut Law Journal not later than twenty days after the date of
2015
implementation. Policies and procedures implemented pursuant to this
2016
section shall be valid until the time final regulations are adopted.
2017
Sec. 49. Section 19a-496a of the general statutes is repealed and the
2018
following is substituted in lieu thereof (Effective July 1, 2021):
2019
(a) Notwithstanding any provision of the regulations of Connecticut
2020
state agencies, all home health care agency, hospice home health care
2021
agency or home health aide agency services shall be performed upon
2022
the order of a physician or physician assistant licensed pursuant to
2023
chapter 370 or an advanced practice registered nurse licensed pursuant
2024
to chapter 378.
2025
(b) All home health care agency services which are required by law
2026
to be performed upon the order of a licensed physician may be
2027
performed upon the order of a physician, physician assistant or
2028
advanced practice registered nurse licensed in a state which borders
2029
Connecticut.
2030
Sec. 50. Section 19a-504d of the general statutes is repealed and the
2031
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following is substituted in lieu thereof (Effective July 1, 2021):
2032
(a) If a hospital recommends home health care to a patient, the
2033
hospital discharge plan shall include two or more available options of
2034
home health care agencies or hospice home health care agencies.
2035
(b) A hospital which (1) has an ownership or investment interest in a
2036
home health care agency or hospice home health care agency, or (2)
2037
receives compensation or remuneration for referral of patients to a home
2038
health care agency or hospice home health care agency shall disclose
2039
such interest to any patient prior to including such agency as an option
2040
in a hospital discharge plan. Such information shall be verbally
2041
disclosed to each patient or shall be posted in a conspicuous place visible
2042
to patients. As used in this subsection, "ownership or investment
2043
interest" does not include ownership of investment securities purchased
2044
by the practitioner on terms available to the general public and which
2045
are publicly traded.
2046
Sec. 51. (NEW) (Effective July 1, 2021) (a) The Commissioner of Public
2047
Health may suspend the requirements for licensure to authorize a
2048
licensed chronic and convalescent nursing home to provide services to
2049
patients with a reportable disease, emergency illness or health
2050
condition, pursuant to section 19-91 of the general statutes, under their
2051
existing license if such licensed chronic and convalescent nursing home
2052
(1) provides services to such patients in a building that is not physically
2053
connected to its licensed facility, or (2) expands its bed capacity in a
2054
portion of a facility that is separate from the licensed facility. Such
2055
services may only be provided in order to render temporary assistance
2056
in managing a public health emergency in this state, declared by the
2057
Governor pursuant to section 19a-131a of the general statutes.
2058
(b) Each chronic and convalescent nursing home that intends to
2059
provide services pursuant to subsection (a) of this section shall submit
2060
an application to the Department of Public Health in a form and manner
2061
prescribed by the commissioner. Such application shall include, but
2062
need not be limited to: (1) Information regarding the facility's ability to
2063
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sufficiently address the health, safety or welfare of such chronic and
2064
convalescent nursing home's residents and staff; (2) the address of such
2065
facility; (3) an attestation that all equipment located at such facility is
2066
maintained according to the manufacturers' specifications, and is
2067
capable of meeting the needs of such facility's residents; (4) information
2068
regarding such facility's maximum bed capacity; and (5) information
2069
indicating that such facility is in compliance with any provisions of the
2070
general statutes or regulations of Connecticut state agencies pertaining
2071
to the operation of such facility.
2072
(c) Upon receipt of an application pursuant to subsection (a) of this
2073
section, the Department of Public Health shall conduct a scheduled
2074
inspection and investigation of the applicant's facilities to ensure
2075
compliance with any provisions of the general statutes or regulations of
2076
Connecticut state agencies pertaining to the licensing of such facilities.
2077
After conducting such inspection and investigation, the department
2078
shall notify the applicant of the department's approval or denial of such
2079
application.
2080
Sec. 52. Section 19a-522f of the general statutes is repealed and the
2081
following is substituted in lieu thereof (Effective July 1, 2021):
2082
(a) As used in this section:
2083
(1) "Administer" means to initiate the venipuncture and deliver an IV
2084
fluid or IV admixture into the blood stream through a vein, and to
2085
monitor and care for the venipuncture site, terminate the procedure and
2086
record pertinent events and observations;
2087
(2) "IV admixture" means an IV fluid to which one or more additional
2088
drug products have been added;
2089
(3) "IV fluid" means sterile solutions of fifty milliliters or more,
2090
intended for intravenous infusion, but does not include blood and blood
2091
products;
2092
(4) "IV therapy" means the introduction of an IV fluid or IV admixture
2093
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into the blood stream through a vein for the purpose of correcting water
2094
deficit and electrolyte imbalances, providing nutrition, and delivering
2095
antibiotics and other therapeutic agents approved by a chronic and
2096
convalescent nursing home's or a rest home with nursing supervision's
2097
medical staff;
2098
(5) "IV therapy program" means the overall plan by which a chronic
2099
and convalescent nursing home or a rest home with nursing supervision
2100
implements, monitors and safeguards the administration of IV therapy
2101
to patients; and
2102
(6) "IV therapy nurse" means a registered nurse who is qualified by
2103
education and training and has demonstrated proficiency in the
2104
theoretical and clinical aspects of IV therapy to administer an IV fluid
2105
or IV admixture.
2106
(b) An IV therapy nurse or a physician assistant licensed pursuant to
2107
section 20-12b, who is employed by, or operating under a contract to
2108
provide services in, a chronic and convalescent nursing home or a rest
2109
home with nursing supervision that operates an IV therapy program
2110
may administer a peripherally inserted central catheter as part of such
2111
facility's IV therapy program. The Department of Public Health shall
2112
adopt regulations in accordance with the provisions of chapter 54 to
2113
carry out the purposes of this section.
2114
(c) A chronic and convalescent nursing home may permit a registered
2115
nurse licensed pursuant to chapter 378 and employed by such chronic
2116
and convalescent nursing home who has been properly trained by the
2117
director of nursing or by an intravenous infusion company to (1) draw
2118
blood from a central line for laboratory purposes, provided the facility
2119
has an agreement with a laboratory to process such specimens, or (2)
2120
administer a dose of medication by intravenous injection, provided such
2121
medication is on a list of medications approved by the Commissioner of
2122
Public Health for intravenous injection by a registered nurse. Such
2123
chronic and convalescent nursing home shall notify the Commissioner
2124
of Public Health of any such services being provided. The
2125
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Commissioner of Public Health shall notify all chronic and convalescent
2126
nursing homes of the list of medications approved for intravenous
2127
injection by a registered nurse. The administrator of each chronic and
2128
convalescent nursing home shall ensure that each registered nurse who
2129
is permitted to perform the services described in subdivisions (1) and
2130
(2) of this subsection is appropriately trained and competent to perform
2131
such services. Each administrator shall provide documentation
2132
regarding the training and competency of such registered nurses to the
2133
department upon the department's request.
2134
Sec. 53. (NEW) (Effective July 1, 2021) (a) The Commissioner of Public
2135
Health shall license assisted living services agencies, as defined in
2136
section 19a-490 of the general statutes, as amended by this act. A
2137
managed residential community wishing to provide assisted living
2138
services shall become licensed as an assisted living services agency.
2139
(b) A managed residential care community that intends to arrange for
2140
assisted living services, shall only do so with a currently licensed
2141
assisted living services agency. Such managed residential community
2142
shall submit an application to arrange for the assisted living services to
2143
the Department of Public Health. Such application shall be submitted in
2144
a form and manner prescribed by the commissioner.
2145
(c) No assisted living services agency shall provide memory care to
2146
residents with early to mid-stage cognitive impairment from
2147
Alzheimer's disease or other dementias unless they have obtained
2148
approval from the Department of Public Health. Such assisted living
2149
services agencies shall ensure that they have adequate staff to meet the
2150
needs of the residents. Each assisted living services agency that offers
2151
memory care services shall submit to the Department of Public Health a
2152
list of memory care units or locations and their staffing plans when
2153
completing an initial or a renewal licensure application, or upon request
2154
from the department.
2155
(d) An assisted living services agency shall ensure all services being
2156
provided on an individual basis to clients are (1) fully understood and
2157
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agreed upon between either the client or the client's representative, and
2158
(2) that the client or the client's representative are made aware of the
2159
cost of any such services.
2160
(e) The Department of Public Health may adopt regulations, in
2161
accordance with the provisions of chapter 54 of the general statutes, to
2162
carry out the purposes of this section.
2163
Sec. 54. Section 19a-521b of the general statutes is repealed and the
2164
following is substituted in lieu thereof (Effective July 1, 2021):
2165
[In each] Each licensed chronic and convalescent nursing home,
2166
chronic disease hospital associated with a chronic and convalescent
2167
nursing home, rest home with nursing supervision and residential care
2168
home [, at least a three-foot clearance shall be provided at the sides and
2169
the foot of each bed.] shall position beds in a manner that promotes
2170
resident care. Such bed position shall (1) not act as a restraint to the
2171
resident, (2) ensure that the resident's call bell, overhead bed light and
2172
privacy curtain function and are readily useable by such resident, (3) not
2173
create a hazardous situation, including, but not limited to, creating an
2174
entrapment possibility, obstacle to evacuation or is close to or blocking
2175
a heat source, (4) prevent the spread of pathogens, (5) allow for infection
2176
control, (6) ensure residence privacy, and (7) provide at least six-foot
2177
clearance at the sides and foot of each bed.
2178
Sec. 55. Section 19a-195 of the general statutes is repealed and the
2179
following is substituted in lieu thereof (Effective October 1, 2021):
2180
The commissioner shall adopt regulations in accordance with the
2181
provisions of chapter 54 to require all [emergency medical response
2182
services] ambulances to be staffed by at least one certified emergency
2183
medical technician, who shall be in the patient compartment attending
2184
the patient during all periods in which a patient is being transported,
2185
and one certified [medical response technician] emergency medical
2186
responder.
2187
Sec. 56. Section 20-206jj of the general statutes is repealed and the
2188
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following is substituted in lieu thereof (Effective from passage):
2189
As used in this section and sections 20-206kk to 20-206oo, inclusive:
2190
(1) "Advanced emergency medical technician" means an individual
2191
who is certified as an advanced emergency medical technician by the
2192
Department of Public Health;
2193
(2) "Commissioner" means the Commissioner of Public Health;
2194
(3) "Emergency medical services instructor" means a person who is
2195
certified under the provisions of section 20-206ll or 20-206mm, as
2196
amended by this act, by the Department of Public Health to teach
2197
courses, the completion of which is required in order to become an
2198
emergency medical technician;
2199
(4) "Emergency medical responder" means an individual who is
2200
certified to practice as an emergency medical responder under the
2201
provisions of section 20-206ll or 20-206mm, as amended by this act;
2202
(5) "Emergency medical services personnel" means an individual
2203
certified to practice as an emergency medical responder, emergency
2204
medical
technician,
advanced
emergency
medical
technician,
2205
emergency medical services instructor or an individual licensed as a
2206
paramedic;
2207
(6) "Emergency medical technician" means a person who is certified
2208
to practice as an emergency medical technician under the provisions of
2209
section 20-206ll or 20-206mm, as amended by this act;
2210
(7) "National organization for emergency medical certification"
2211
means a national organization approved by the Department of Public
2212
Health and identified on the department's Internet web site, or such
2213
national organization's successor organization, that tests and provides
2214
certification to emergency medical responders, emergency medical
2215
technicians, advanced medical technicians and paramedics;
2216
(8) "Office of Emergency Medical Services" means the office
2217
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established within the Department of Public Health pursuant to section
2218
19a-178;
2219
(9) "Paramedicine" means the carrying out of (A) all phases of
2220
cardiopulmonary resuscitation and defibrillation, (B) the administration
2221
of drugs and intravenous solutions under written or oral authorization
2222
from a licensed physician or a licensed advanced practice registered
2223
nurse, and (C) the administration of controlled substances, as defined in
2224
section 21a-240, in accordance with written protocols or standing orders
2225
of a licensed physician or a licensed advanced practice registered nurse;
2226
(10) "Paramedic" means a person licensed to practice as a paramedic
2227
under the provisions of section 20-206ll; and
2228
[(11) "Continuing education platform Internet web site" means an
2229
online database, approved by the Commissioner of Public Health, for
2230
emergency medical services personnel to enter, track and reconcile the
2231
hours and topics of continuing education completed by such personnel.]
2232
Sec. 57. Subsection (f) of section 20-206mm of the general statutes is
2233
repealed and the following is substituted in lieu thereof (Effective from
2234
passage):
2235
(f) A certified emergency medical responder, emergency medical
2236
technician, advanced emergency medical technician or emergency
2237
medical services instructor shall document the completion of his or her
2238
continuing educational requirements [through the continuing education
2239
platform Internet web site] in a form and manner prescribed by the
2240
commissioner. A certified emergency medical responder, emergency
2241
medical technician, advanced emergency medical technician or
2242
emergency medical services instructor who is not engaged in active
2243
professional practice in any form during a certification period shall be
2244
exempt from the continuing education requirements of this section,
2245
provided the emergency medical responder, emergency medical
2246
technician, advanced emergency medical technician or emergency
2247
medical services instructor submits to the department, prior to the
2248
expiration of the certification period, an application for inactive status
2249
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on a form prescribed by the department and such other documentation
2250
as may be required by the department. The application for inactive
2251
status pursuant to this subsection shall contain a statement that the
2252
emergency medical responder, emergency medical technician,
2253
advanced emergency medical technician or emergency medical services
2254
instructor may not engage in professional practice until the continuing
2255
education requirements of this section have been met.
2256
Sec. 58. Subsection (b) of section 19a-178a of the general statutes is
2257
repealed and the following is substituted in lieu thereof (Effective from
2258
passage):
2259
(b) The advisory board shall consist of members appointed in
2260
accordance with the provisions of this subsection and shall include the
2261
Commissioner of Public Health, the department's emergency medical
2262
services medical director and the president of each of the regional
2263
emergency medical services councils, or their designees. The Governor
2264
shall appoint the following members: (1) One person from the
2265
Connecticut Association of Directors of Health; (2) three persons from
2266
the Connecticut College of Emergency Physicians; (3) one person from
2267
the Connecticut Committee on Trauma of the American College of
2268
Surgeons; (4) one person from the Connecticut Medical Advisory
2269
Committee; (5) one person from the Emergency Nurses Association; (6)
2270
one person from the Connecticut Association of Emergency Medical
2271
Services Instructors; (7) one person from the Connecticut Hospital
2272
Association; (8) two persons representing commercial ambulance
2273
services; (9) one person from the Connecticut State Firefighters
2274
Association; (10) one person from the Connecticut Fire Chiefs
2275
Association; (11) one person from the Connecticut Police Chiefs
2276
Association; (12) one person from the Connecticut State Police; and (13)
2277
one person from the Connecticut Commission on Fire Prevention and
2278
Control. An additional eighteen members shall be appointed as follows:
2279
(A) Three by the president pro tempore of the Senate; (B) three by the
2280
majority leader of the Senate; (C) four by the minority leader of the
2281
Senate; (D) three by the speaker of the House of Representatives; (E) two
2282
by the majority leader of the House of Representatives; and (F) three by
2283
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the minority leader of the House of Representatives. The appointees
2284
shall include a person with experience in municipal ambulance services;
2285
a person with experience in for-profit ambulance services; three persons
2286
with experience in volunteer ambulance services; a paramedic; an
2287
emergency medical technician; an advanced emergency medical
2288
technician; three consumers and four persons from state-wide
2289
organizations with interests in emergency medical services as well as
2290
any other areas of expertise that may be deemed necessary for the
2291
proper functioning of the advisory board. Any appointment that is
2292
vacant for more than one year shall be filled by the Commissioner of
2293
Public Health. The commissioner shall notify the appointing authority
2294
of the identity of the commissioner's appointment not later than thirty
2295
days before making such appointment.
2296
Sec. 59. Subsection (a) of section 19a-36h of the general statutes is
2297
repealed and the following is substituted in lieu thereof (Effective from
2298
passage):
2299
(a) Not later than January 1, [2020] 2022, the commissioner shall adopt
2300
and administer by reference the United States Food and Drug
2301
Administration's Food Code, as amended from time to time, and any
2302
Food Code Supplement published by said administration as the state's
2303
food code for the purpose of regulating food establishments.
2304
Sec. 60. Subsection (a) of section 19a-36j of the general statutes is
2305
repealed and the following is substituted in lieu thereof (Effective from
2306
passage):
2307
(a) On and after January 1, [2019] 2022, no person shall engage in the
2308
practice of a food inspector unless such person has obtained a
2309
certification from the commissioner in accordance with the provisions
2310
of this section. The commissioner shall develop a training and
2311
verification program for food inspector certification that shall be
2312
administered by the food inspection training officer at a local health
2313
department.
2314
(1) Each person seeking certification as a food inspector shall submit
2315
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an application to the department on a form prescribed by the
2316
commissioner and present to the department satisfactory evidence that
2317
such person (A) is sponsored by the director of health in the jurisdiction
2318
in which the applicant is employed to conduct food inspections, (B)
2319
possesses a bachelor's degree or three years of experience in a regulatory
2320
food protection program, (C) has successfully completed a training and
2321
verification program, (D) has successfully completed the field
2322
standardization inspection prescribed by the commissioner, and (E) is
2323
not involved in the ownership or management of a food establishment
2324
located in the applicant's jurisdiction.
2325
(2) Each director of health sponsoring an applicant for certification as
2326
a food inspector shall submit to the commissioner a form documenting
2327
the applicant's qualifications and successful completion of the
2328
requirements described in subdivision (1) of this subsection.
2329
(3) Certifications issued under this section shall be subject to renewal
2330
once every three years. A food inspector applying for renewal of his or
2331
her certification shall demonstrate successful completion of twenty
2332
contact hours in food protection training, as approved by the
2333
commissioner, and reassessment by the food inspection training officer.
2334
Sec. 61. Section 19a-36o of the general statutes is repealed and the
2335
following is substituted in lieu thereof (Effective from passage):
2336
Notwithstanding any provision of the general statutes, from June 30,
2337
2017, until December 31, [2018] 2021, a food service establishment may
2338
request a variance from the Commissioner of Public Health from the
2339
requirements of the Public Health Code, established under section 19a-
2340
36, to utilize the process of sous vide and acidification of sushi rice, as
2341
defined in section 3-502.11 of the United States Food and Drug
2342
Administration's Food Code, as amended from time to time. The
2343
Commissioner of Public Health shall review the request for a variance
2344
and provide the food establishment with notification regarding the
2345
status of its request not later than thirty days after the commissioner
2346
receives such request. The commissioner may grant such variance if he
2347
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or she determines that such variance would not result in a health hazard
2348
or nuisance.
2349
Sec. 62. Subdivision (5) of section 19a-332 of the general statutes is
2350
repealed and the following is substituted in lieu thereof (Effective October
2351
1, 2021):
2352
(5) "Asbestos-containing material" means material composed of
2353
asbestos of any type and in an amount equal to or greater than [one] 1.0
2354
per cent by weight, either alone or mixed with other fibrous or
2355
nonfibrous material;
2356
Sec. 63. Subdivision (4) of section 20-250 of the general statutes is
2357
repealed and the following is substituted in lieu thereof (Effective from
2358
passage):
2359
(4) "Hairdressing and cosmetology" means the art of dressing,
2360
arranging, curling, waving, weaving, cutting, singeing, bleaching and
2361
coloring the hair and treating the scalp of any person, and massaging,
2362
cleansing, stimulating, manipulating, exercising or beautifying with the
2363
use of the hands, appliances, cosmetic preparations, antiseptics, tonics,
2364
lotions, creams, powders, oils or clays and doing similar work on the
2365
face, neck and arms for compensation, removing hair from the face or
2366
neck using manual or mechanical means, excluding esthetics, as defined
2367
in section 20-265a or any of the actions listed in this subdivision
2368
performed on the nails of the hands or feet, provided nothing in this
2369
subdivision shall prohibit an unlicensed person from performing
2370
shampooing or braiding hair;
2371
Sec. 64. Subsection (b) of section 20-265b of the general statutes is
2372
repealed and the following is substituted in lieu thereof (Effective July 1,
2373
2021):
2374
(b) On and after January 1, 2020, each person seeking an initial license
2375
as an esthetician shall apply to the department on a form prescribed by
2376
the department, accompanied by an application fee of one hundred
2377
dollars and evidence that the applicant (1) has completed a course of not
2378
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less than six hundred hours of study and received a certification of
2379
completion from a school approved under section 20-265g or section 20-
2380
26 or in a school outside of the state whose requirements are equivalent
2381
to a school approved under section 20-265g, or (2) (A), if applying before
2382
January 1, 2022, has practiced esthetics continuously in this state for a
2383
period of not less than two years prior to July 1, 2020, and (B) is in
2384
compliance with the infection prevention and control plan guidelines
2385
prescribed by the department under section 19a-231 in the form of an
2386
attestation.
2387
Sec. 65. Subsection (f) of section 10-206 of the general statutes is
2388
repealed and the following is substituted in lieu thereof (Effective July 1,
2389
2021):
2390
(f) On and after October 1, 2017, each local or regional board of
2391
education shall report to the local health department and the
2392
Department of Public Health, on an triennial basis, the total number of
2393
pupils per school and per school district having a diagnosis of asthma
2394
(1) at the time of public school enrollment, (2) in grade six or seven, and
2395
(3) in grade nine or ten. [or eleven.] The report shall contain the asthma
2396
information collected as required under subsections (b) and (c) of this
2397
section and shall include pupil age, gender, race, ethnicity and school.
2398
Beginning on October 1, 2021, and every three years thereafter, the
2399
Department of Public Health shall review the asthma screening
2400
information reported pursuant to this section and shall submit a report
2401
to the joint standing committees of the General Assembly having
2402
cognizance of matters relating to public health and education
2403
concerning asthma trends and distributions among pupils enrolled in
2404
the public schools. The report shall be submitted in accordance with the
2405
provisions of section 11-4a and shall include, but not be limited to, (A)
2406
trends and findings based on pupil age, gender, race, ethnicity, school
2407
and the education reference group, as determined by the Department of
2408
Education for the town or regional school district in which such school
2409
is located, and (B) activities of the asthma screening monitoring system
2410
maintained under section 19a-62a.
2411
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Sec. 66. Subsections (b) to (f), inclusive, of section 19a-215 of the
2412
general statutes are repealed and the following is substituted in lieu
2413
thereof (Effective from passage):
2414
(b) A health care provider shall report each case occurring in such
2415
provider's practice, of any disease on the commissioner's list of
2416
reportable diseases, emergency illnesses and health conditions to the
2417
director of health of the town, city or borough in which such case resides
2418
and to the Department of Public Health, no later than twelve hours after
2419
such provider's recognition of the disease. Such reports shall be [in
2420
writing, by telephone or] in an electronic format approved by the
2421
commissioner. Such reports of disease shall be confidential and not open
2422
to public inspection except as provided for in section 19a-25.
2423
(c) A clinical laboratory shall report each finding identified by such
2424
laboratory of any disease identified on the commissioner's list of
2425
reportable laboratory findings to the Department of Public Health not
2426
later than forty-eight hours after such laboratory's finding. A clinical
2427
laboratory [that reports an average of more than thirty findings per
2428
month] shall make such reports electronically in a format approved by
2429
the commissioner. [Any clinical laboratory that reports an average of
2430
less than thirty findings per month shall submit such reports, in writing,
2431
by telephone or in an electronic format approved by the commissioner.]
2432
All such reports shall be confidential and not open to public inspection
2433
except as provided for in section 19a-25. The Department of Public
2434
Health shall provide a copy of all such reports to the director of health
2435
of the town, city or borough in which the affected person resides or, in
2436
the absence of such information, the town where the specimen
2437
originated.
2438
(d) When a local director of health, the local director's authorized
2439
agent or the Department of Public Health receives a report of a disease
2440
or laboratory finding on the commissioner's lists of reportable diseases,
2441
emergency illnesses and health conditions and laboratory findings, the
2442
local director of health, the local director's authorized agent or the
2443
Department of Public Health may contact first the reporting health care
2444
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provider and then the person with the reportable finding to obtain such
2445
information as may be necessary to lead to the effective control of
2446
further spread of such disease. In the case of reportable communicable
2447
diseases and laboratory findings, this information may include
2448
obtaining the identification of persons who may be the source or
2449
subsequent contacts of such infection.
2450
(e) All personal information obtained from disease prevention and
2451
control investigations as performed in subsections (c) and (d) of this
2452
section including the health care provider's name and the identity of the
2453
reported case of disease and suspected source persons and contacts shall
2454
not be divulged to anyone and shall be held strictly confidential
2455
pursuant to section 19a-25, by the local director of health and the
2456
director's authorized agent and by the Department of Public Health.
2457
(f) [Any person who violates any reporting or confidentiality
2458
provision of this section shall be fined not more than five hundred
2459
dollars.] The Commissioner of Public Health may impose a civil penalty
2460
not to exceed one thousand dollars on any person who violates any
2461
reporting provision of this section for each such violation. Each failure
2462
to report a case or finding of a disease as required by this section shall
2463
constitute a separate violation.
2464
(g) If the Commissioner of Public Health has reason to believe that a
2465
violation has occurred for which a civil penalty is authorized by
2466
subsection (f) of this section, he or she may send to such person by
2467
certified mail, return receipt requested, or personally serve upon such
2468
person, a notice which shall include: (1) A short and plain statement of
2469
the matters asserted or charged; (2) a statement of the maximum civil
2470
penalty which may be imposed for such violation; and (3) a statement
2471
of the party's right to request a hearing, which such request shall
2472
submitted in writing to the commissioner not later than ten days after
2473
the notice is mailed or served.
2474
(h) If such person so requests, the commissioner shall cause a hearing
2475
to be held, in accordance with the provisions of chapter 54. If such
2476
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person fails to request a hearing or fails to appear at the hearing or if,
2477
after the hearing, the commissioner finds that the person has committed
2478
such violation, the commissioner may, in his or her discretion, order that
2479
a civil penalty be imposed that is not greater than the penalty stated in
2480
the notice. The commissioner shall send a copy of any order issued
2481
pursuant to this subsection by certified mail, return receipt requested,
2482
to the person named in such order.
2483
(i) No provision of this section shall be deemed to supersede section
2484
19a-584.
2485
Sec. 67. Section 19a-490w of the general statutes is repealed and the
2486
following is substituted in lieu thereof (Effective October 1, 2021):
2487
(a) Not later than October 1, 2017, and annually thereafter, any
2488
hospital that has been certified as a comprehensive stroke center, a
2489
primary stroke center, a thrombectomy-capable stroke center or an
2490
acute stroke-ready hospital by the American Heart Association, the Joint
2491
Commission or any other nationally recognized certifying organization
2492
shall submit an attestation of such certification to the Commissioner of
2493
Public Health, in a form and manner prescribed by the commissioner.
2494
Not later than October 15, 2017, and annually thereafter, the Department
2495
of Public Health shall post a list of certified stroke centers on its Internet
2496
web site.
2497
(b) The department may remove a hospital from the list posted
2498
pursuant to subsection (a) of this section if (1) the hospital requests such
2499
removal, (2) the department is informed by the American Heart
2500
Association, the Joint Commission or other nationally recognized
2501
certifying organization that a hospital's certification has expired or been
2502
suspended or revoked, or (3) the department does not receive attestation
2503
of certification from a hospital on or before October first. The
2504
department shall report to the nationally recognized certifying
2505
organization any complaint it receives related to the certification of a
2506
hospital as a comprehensive stroke center, a primary stroke center, a
2507
thrombectomy-capable stroke center or an acute stroke-ready hospital.
2508
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The department shall provide the complainant with the name and
2509
contact information of the nationally recognized certifying organization
2510
if the complainant seeks to pursue a complaint with such organization.
2511
Sec. 68. (NEW) (Effective October 1, 2021) (a) The Department of Public
2512
Health shall maintain and operate a state-wide stroke registry. Said
2513
registry shall use the American Heart Association's Get With The
2514
Guidelines–Stroke program's data set platform and include information
2515
and data on stroke care in the state that align with the stroke consensus
2516
metrics developed and approved by the American Heart Association
2517
and American Stroke Association.
2518
(b) On and after January 1, 2022, each comprehensive stroke center,
2519
thrombectomy-capable stroke center, primary stroke center or acute
2520
stroke-ready hospital shall, on a quarterly basis, submit to the
2521
Department of Public Health data concerning stroke care that are
2522
necessary for including in the state-wide stroke registry, as determined
2523
by the Commissioner of Public Health, and that, at a minimum, align
2524
with the stroke consensus metrics developed and approved by the
2525
American Heart Association and American Stroke Association.
2526
(c) The Department of Public Health shall be provided access to
2527
records of any comprehensive stroke center, thrombectomy-capable
2528
stroke center, primary stroke center or acute stroke-ready hospital, as
2529
the department deems necessary, to perform case finding or other
2530
quality improvement audits to ensure completeness of reporting and
2531
data accuracy consistent with the purposes of this section.
2532
(d) The Department of Public Health may enter into a contract for the
2533
receipt, storage, holding or maintenance of the data or files under its
2534
control and management.
2535
(e) The Department of Public Health may enter into reciprocal
2536
reporting agreements with the appropriate agencies of other states to
2537
exchange stroke care data.
2538
(f) (1) Failure by a comprehensive stroke center, thrombectomy-
2539
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capable stroke center, primary stroke center or acute stroke-ready
2540
hospital to comply with the reporting requirements prescribed in this
2541
section may result in the department electing to perform the registry
2542
services for such comprehensive stroke center, thrombectomy-capable
2543
stroke center, primary stroke center or acute stroke-ready hospital. In
2544
such case, the comprehensive stroke center, thrombectomy-capable
2545
stroke center, primary stroke center or acute stroke-ready hospital shall
2546
reimburse the department for actual expenses incurred in performing
2547
such services.
2548
(2) Any comprehensive stroke center, thrombectomy-capable stroke
2549
center, primary stroke center or acute stroke-ready hospital that fails to
2550
comply with the provisions of this section shall be liable for a civil
2551
penalty not to exceed five hundred dollars for each failure to disclose a
2552
stroke care data, as determined by the commissioner.
2553
(3) The reimbursements, expenses and civil penalties set forth in this
2554
section shall be assessed only after the Department of Public Health has
2555
provided a comprehensive stroke center, thrombectomy-capable stroke
2556
center, primary stroke center or acute stroke-ready hospital with written
2557
notice of deficiency and such comprehensive stroke center,
2558
thrombectomy-capable stroke center, primary stroke center or acute
2559
stroke-ready hospital has been afforded not less than fourteen business
2560
days after the date of receiving such notice to provide a written response
2561
to the department. Such written response shall include any information
2562
requested by the department.
2563
(g) The Commissioner of Public Health may request that the Attorney
2564
General initiate an action to collect any civil penalties assessed pursuant
2565
to this section and obtain such orders as necessary to enforce any
2566
provision of this section.
2567
(h) Not later than January 1, 2022, the Department of Public Health,
2568
in consultation with the State of Connecticut Stroke Advisory Council,
2569
shall establish a stroke registry data oversight committee. Such
2570
committee shall monitor the operations of the state-wide stroke registry,
2571
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provide advice regarding the oversight of such registry, develop a plan
2572
to improve quality of stroke care and address disparities in the
2573
provision of such care and develop short and long-term goals for
2574
improvement of stroke care in comprehensive stroke centers,
2575
thrombectomy-capable stroke centers, primary stroke centers and acute
2576
stroke-ready hospitals.
2577
(i) The Commissioner of Public Health may adopt regulations, in
2578
accordance with the provisions of chapter 54 of the general statutes, to
2579
implement the provisions of this section.
2580
Sec. 69. Subsection (k) of section 19a-180 of the general statutes is
2581
repealed and the following is substituted in lieu thereof (Effective from
2582
passage):
2583
(k) Notwithstanding the provisions of subsection (a) of this section,
2584
any [volunteer, hospital-based or municipal ambulance service]
2585
emergency medical services organization that is licensed or certified and
2586
a primary service area responder may apply to the commissioner, on a
2587
short form application prescribed by the commissioner, to change the
2588
address of a principal or branch location or to add a branch location
2589
within its primary service area. Upon making such application, the
2590
applicant shall notify in writing all other primary service area
2591
responders in any municipality or abutting municipality in which the
2592
applicant proposes to change principal or branch locations. Unless a
2593
primary service area responder entitled to receive notification of such
2594
application objects, in writing, to the commissioner and requests a
2595
hearing on such application not later than fifteen calendar days after
2596
receiving such notice, the application shall be deemed approved thirty
2597
calendar days after filing. If any such primary service area responder
2598
files an objection with the commissioner within the fifteen-calendar-day
2599
time period and requests a hearing, the applicant shall be required to
2600
demonstrate need to change the address of a principal or branch
2601
location within its primary service area at a public hearing as required
2602
under subsection (a) of this section.
2603
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Sec. 70. Section 7-36 of the general statutes is repealed and the
2604
following is substituted in lieu thereof (Effective July 1, 2021):
2605
As used in this chapter and sections 19a-40 to 19a-45, inclusive, unless
2606
the context otherwise requires:
2607
(1) "Registrar of vital statistics" or "registrar" means the registrar of
2608
births, marriages, deaths and fetal deaths or any public official charged
2609
with the care of returns relating to vital statistics;
2610
(2) "Registration" means the process by which vital records are
2611
completed, filed and incorporated into the official records of the
2612
department;
2613
(3) "Institution" means any public or private facility that provides
2614
inpatient medical, surgical or diagnostic care or treatment, or nursing,
2615
custodial or domiciliary care, or to which persons are committed by law;
2616
(4) "Vital records" means a certificate of birth, death, fetal death or
2617
marriage;
2618
(5) "Certified copy" means a copy of a birth, death, fetal death or
2619
marriage certificate that (A) includes all information on the certificate
2620
except such information that is nondisclosable by law, (B) is issued or
2621
transmitted by any registrar of vital statistics, (C) includes an attested
2622
signature and the raised seal of an authorized person, and (D) if
2623
submitted to the department, includes all information required by the
2624
commissioner;
2625
(6) "Uncertified copy" means a copy of a birth, death, fetal death or
2626
marriage certificate that includes all information contained in a certified
2627
copy except an original attested signature and a raised seal of an
2628
authorized person;
2629
(7) "Authenticate" or "authenticated" means to affix to a vital record
2630
in paper format the official seal, or to affix to a vital record in electronic
2631
format the user identification, password, or other means of electronic
2632
identification, as approved by the department, of the creator of the vital
2633
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record, or the creator's designee, by which affixing the creator of such
2634
paper or electronic vital record, or the creator's designee, affirms the
2635
integrity of such vital record;
2636
(8) "Attest" means to verify a vital record in accordance with the
2637
provisions of subdivision (5) of this section;
2638
(9) "Correction" means to change or enter new information on a
2639
certificate of birth, marriage, death or fetal death, within one year of the
2640
date of the vital event recorded in such certificate, in order to accurately
2641
reflect the facts existing at the time of the recording of such vital event,
2642
where such changes or entries are to correct errors on such certificate
2643
due to inaccurate or incomplete information provided by the informant
2644
at the time the certificate was prepared, or to correct transcribing,
2645
typographical or clerical errors;
2646
(10) "Amendment" means to (A) change or enter new information on
2647
a certificate of birth, marriage, death or fetal death, more than one year
2648
after the date of the vital event recorded in such certificate, in order to
2649
accurately reflect the facts existing at the time of the recording of the
2650
event, (B) create a replacement certificate of birth for matters pertaining
2651
to parentage and gender change, or (C) reflect a legal name change in
2652
accordance with section 19a-42 or make a modification to a cause of
2653
death;
2654
(11) "Acknowledgment of paternity" means to legally acknowledge
2655
paternity of a child pursuant to section 46b-172;
2656
(12) "Adjudication of paternity" means to legally establish paternity
2657
through an order of a court of competent jurisdiction;
2658
(13) "Parentage" includes matters relating to adoption, gestational
2659
agreements, paternity and maternity;
2660
(14) "Department" means the Department of Public Health;
2661
(15) "Commissioner" means the Commissioner of Public Health or the
2662
commissioner's designee;
2663
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(16) "Gestational agreement" means a written agreement for assisted
2664
reproduction in which a woman agrees to carry a child to birth for an
2665
intended parent or intended parents, which woman contributed no
2666
genetic material to the child and which agreement (A) names each party
2667
to the agreement and indicates each party's respective obligations under
2668
the agreement, (B) is signed by each party to the agreement and the
2669
spouse of each such party, if any, and (C) is witnessed by at least two
2670
disinterested adults and acknowledged in the manner prescribed by
2671
law;
2672
(17) "Intended parent" means a party to a gestational agreement who
2673
agrees, under the gestational agreement, to be the parent of a child born
2674
to a woman by means of assisted reproduction, regardless of whether
2675
the party has a genetic relationship to the child;
2676
(18) "Foundling" means (A) a child of unknown parentage, or (B) an
2677
infant voluntarily surrendered pursuant to the provisions of section 17a-
2678
58; [and]
2679
(19) "Certified homeless youth" means a person who is at least fifteen
2680
years of age but less than eighteen years of age, is not in the physical
2681
custody of a parent or legal guardian, who is a homeless child or youth,
2682
as defined in 42 USC 11434a, as amended from time to time, and who
2683
has been certified as homeless by (A) a school district homeless liaison,
2684
(B) the director of an emergency shelter program funded by the United
2685
States Department of Housing and Urban Development, or the
2686
director's designee, [or] (C) the director of a runaway or homeless youth
2687
basic center or transitional living program funded by the United States
2688
Department of Health and Human Services, or the director's designee,
2689
or (D) the director of a program of a nonprofit organization or
2690
municipality that is contracted with the homeless youth program
2691
established pursuant to section 17a-62a; and
2692
(20) "Certified homeless young adult" means a person who is at least
2693
eighteen years of age but less than twenty-five years of age who has
2694
been certified as homeless by (A) a school district homeless liaison, (B)
2695
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the director of an emergency shelter program funded by the United
2696
States Department of Housing and Urban Development, or the
2697
director's designee, (C) the director of a runaway or homeless youth
2698
basic center or transitional living program funded by the United States
2699
Department of Health and Human Services, or the director's designee,
2700
or (D) the director of a program of a nonprofit organization or
2701
municipality that is contracted with the homeless youth program
2702
established pursuant to section 17a-62a.
2703
Sec. 71. Subsection (c) of section 7-51 of the general statutes is
2704
repealed and the following is substituted in lieu thereof (Effective July 1,
2705
2021):
2706
(c) (1) The registrar of the town in which the birth or fetal death
2707
occurred or of the town in which the mother resided at the time of the
2708
birth or fetal death, or the department, may issue a certified copy of the
2709
certificate of birth or fetal death of any person born in this state that is
2710
kept in paper form in the custody of the registrar. Except as provided in
2711
subdivision (2) of this subsection, such certificate shall be issued upon
2712
the written request of an eligible party listed in subsection (a) of this
2713
section. Any registrar of vital statistics in this state with access, as
2714
authorized by the department, to the electronic vital records system of
2715
the department may issue a certified copy of the electronically filed
2716
certificate of birth or fetal death of any person born in this state upon
2717
the written request of an eligible party listed in subsection (a) of this
2718
section. The registrar and the department may waive the fee for the
2719
issuance of a certified copy of the certificate of birth of a certified
2720
homeless young adult to such young adult under this subsection.
2721
(2) In the case of a certified homeless youth, such certified homeless
2722
youth and the person who is certifying the certified homeless youth as
2723
homeless, as described in section 7-36, as amended by this act, shall
2724
appear in person when the certified homeless youth is presenting the
2725
written request described in subdivision (1) of this subsection at (A) the
2726
office of the registrar of the town in which the certified homeless youth
2727
was born, (B) the office of the registrar of the town in which the mother
2728
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of the certified homeless youth resided at the time of the birth, (C) if the
2729
birth certificate of the certified homeless youth has been electronically
2730
filed, any registrar of vital statistics in the state with access, as
2731
authorized by the department, to the electronic vital records system, or
2732
(D) the state vital records office of the department. The certified
2733
homeless youth shall present to the registrar or the department
2734
information sufficient to identify himself or herself as may be required
2735
by regulations adopted by the commissioner pursuant to section 7-41.
2736
The person who is certifying the certified homeless youth as homeless
2737
shall present to the registrar or the department information sufficient to
2738
identify himself or herself as meeting the certification requirements of
2739
section 7-36, as amended by this act. The registrar and the department
2740
may waive the fee for the issuance of a certified copy of the certificate of
2741
birth of a homeless youth to such youth under this subsection.
2742
Sec. 72. Subsection (a) of section 1-1h of the general statutes is
2743
repealed and the following is substituted in lieu thereof (Effective July 1,
2744
2021):
2745
(a) Any person who does not possess a valid motor vehicle operator's
2746
license may apply to the Department of Motor Vehicles for an identity
2747
card. The application for an identity card shall be accompanied by the
2748
birth certificate of the applicant or a certificate of identification of the
2749
applicant issued and authorized for such use by the Department of
2750
Correction and a fee of twenty-eight dollars. Such application shall
2751
include: (1) The applicant's name; (2) the applicant's address; (3)
2752
whether the address is permanent or temporary; (4) the applicant's date
2753
of birth; (5) notice to the applicant that false statements on such
2754
application are punishable under section 53a-157b; and (6) such other
2755
pertinent information as the Commissioner of Motor Vehicles deems
2756
necessary. The applicant shall sign the application in the presence of an
2757
official of the Department of Motor Vehicles. The commissioner may
2758
waive the fee for any applicant (A) who has voluntarily surrendered
2759
such applicant's motor vehicle operator's license, (B) whose license has
2760
been refused by the commissioner pursuant to subdivision (4) of
2761
subsection (e) of section 14-36, (C) who is both a veteran, as defined in
2762
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subsection (a) of section 27-103, and blind, as defined in subsection (a)
2763
of section 1-1f, or (D) who is a resident of a homeless shelter or other
2764
facility for homeless persons or a certified homeless youth or certified
2765
homeless young adult. The commissioner shall adopt regulations, in
2766
accordance with the provisions of chapter 54, to establish the procedure
2767
and qualifications for the issuance of an identity card to any such
2768
homeless applicant. For the purposes of this subsection, "certified
2769
homeless youth" and "certified homeless young adult" have the same
2770
meanings as provided in section 7-36, as amended by this act.
2771
Sec. 73. Section 20-226 of the general statutes is repealed. (Effective
2772
from passage)
2773
This act shall take effect as follows and shall amend the following
sections:
Section 1
October 1, 2021
PA 19-117, Sec. 73
Sec. 2
October 1, 2021
25-33(b)
Sec. 3
October 1, 2021
8-3i
Sec. 4
October 1, 2021
22a-42f
Sec. 5
October 1, 2021
19a-111
Sec. 6
October 1, 2021
19a-37
Sec. 7
October 1, 2021
19a-524
Sec. 8
July 1, 2021
19a-491c(c)(2)
Sec. 9
October 1, 2021
19a-177
Sec. 10
October 1, 2021
20-207
Sec. 11
October 1, 2021
20-212
Sec. 12
October 1, 2021
20-213(a) and (b)
Sec. 13
October 1, 2021
20-215
Sec. 14
October 1, 2021
20-217(a)
Sec. 15
October 1, 2021
20-224
Sec. 16
October 1, 2021
20-195dd
Sec. 17
October 1, 2021
20-195c(a)
Sec. 18
October 1, 2021
19a-14(a)(12)
Sec. 19
October 1, 2021
20-204a(a) to (c)
Sec. 20
January 1, 2022
7-62b(b) and (c)
Sec. 21
July 1, 2021
19a-200
Sec. 22
July 1, 2021
19a-202a
Sec. 23
July 1, 2021
19a-244
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Sec. 24
July 1, 2021
19a-12a(a)(3)
Sec. 25
July 1, 2021
19a-12d
Sec. 26
October 1, 2021
19a-12e(a)
Sec. 27
from passage
20-185k(b)
Sec. 28
October 1, 2021
17a-412(a)
Sec. 29
October 1, 2021
17b-451(a)
Sec. 30
July 1, 2021
19a-6o
Sec. 31
from passage
19a-6q
Sec. 32
July 1, 2021
19a-493(b)
Sec. 33
July 1, 2021
New section
Sec. 34
October 1, 2021
19a-343(c)
Sec. 35
from passage
19a-131g
Sec. 36
July 1, 2021
19a-30(d)
Sec. 37
July 1, 2021
20-365(b)
Sec. 38
from passage
20-195u(b)
Sec. 39
from passage
20-265h(a)
Sec. 40
from passage
19a-131j(a)
Sec. 41
July 1, 2021
19a-512(a)
Sec. 42
July 1, 2021
19a-490
Sec. 43
July 1, 2021
19a-491(b) to (i)
Sec. 44
July 1, 2021
19a-491c(a)(4)
Sec. 45
July 1, 2021
19a-492b
Sec. 46
July 1, 2021
19a-492c(b)
Sec. 47
July 1, 2021
19a-492d
Sec. 48
July 1, 2021
19a-492e
Sec. 49
July 1, 2021
19a-496a
Sec. 50
July 1, 2021
19a-504d
Sec. 51
July 1, 2021
New section
Sec. 52
July 1, 2021
19a-522f
Sec. 53
July 1, 2021
New section
Sec. 54
July 1, 2021
19a-521b
Sec. 55
October 1, 2021
19a-195
Sec. 56
from passage
20-206jj
Sec. 57
from passage
20-206mm(f)
Sec. 58
from passage
19a-178a(b)
Sec. 59
from passage
19a-36h(a)
Sec. 60
from passage
19a-36j(a)
Sec. 61
from passage
19a-36o
Sec. 62
October 1, 2021
19a-332(5)
Sec. 63
from passage
20-250(4)
Sec. 64
July 1, 2021
20-265b(b)
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Sec. 65
July 1, 2021
10-206(f)
Sec. 66
from passage
19a-215(b) to (f)
Sec. 67
October 1, 2021
19a-490w
Sec. 68
October 1, 2021
New section
Sec. 69
from passage
19a-180(k)
Sec. 70
July 1, 2021
7-36
Sec. 71
July 1, 2021
7-51(c)
Sec. 72
July 1, 2021
1-1h(a)
Sec. 73
from passage
Repealer section
Statement of Purpose:
To implement the recommendations of the Department of Public Health
regarding various revisions to the public health statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
As enrolled or final
276,500 characters
Substitute House Bill No. 6666
Public Act No. 21-121
AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S
RECOMMENDATIONS REGARDING VARIOUS REVISIONS TO THE
PUBLIC HEALTH STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 73 of public act 19-117 is repealed and the following
is substituted in lieu thereof (Effective October 1, 2021):
Notwithstanding any provision of title 19a or 25 of the general
statutes, [and not later than March 1, 2020,] a director of health of a town,
city or borough or of a district department of health appointed pursuant
to section 19a-200, as amended by this act, or 19a-242 of the general
statutes may issue a permit for a replacement public well if the
Department of Public Health has approved such replacement public
well pursuant to subsection (b) of section 25-33 of the general statutes,
as amended by this act. For purposes of this section, "replacement public
well" means a public well that (1) replaces an existing public well, [in a
town in southeastern Connecticut with a population between fifteen
thousand and fifteen thousand three hundred, as enumerated by the
2010 federal decennial census,] and (2) does not meet the sanitary radius
and minimum setback requirements as specified in the regulations of
Connecticut State Agencies.
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Sec. 2. Subsection (b) of section 25-33 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(b) No system of water supply owned or used by a water company
shall be constructed or expanded or a new additional source of water
supply utilized until the plans therefor have been submitted to and
reviewed and approved by the department, except that no such prior
review or approval is required for distribution water main installations
that are constructed in accordance with sound engineering standards
and all applicable laws and regulations. A plan for any proposed new
source of water supply submitted to the department pursuant to this
subsection shall include documentation that provides for: (1) A brief
description of potential effects that the proposed new source of water
supply may have on nearby water supply systems including public and
private wells; and (2) the water company's ownership or control of the
proposed new source of water supply's sanitary radius and minimum
setback requirements as specified in the regulations of Connecticut state
agencies and that such ownership or control shall continue to be
maintained as specified in such regulations. If the department
determines, based upon documentation provided, that the water
company does not own or control the proposed new source of water
supply's sanitary radius or minimum setback requirements as specified
in the regulations of Connecticut state agencies, the department shall
require the water company proposing a new source of water supply to
supply additional documentation to the department that adequately
demonstrates the alternative methods that will be utilized to assure the
proposed new source of water supply's long-term purity and adequacy.
In reviewing any plan for a proposed new source of water supply, the
department shall consider the issues specified in this subsection. The
Commissioner of Public Health may adopt regulations, in accordance
with the provisions of chapter 54, to carry out the provisions of this
subsection and subsection (c) of this section. For purposes of this
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subsection and subsection (c) of this section, "distribution water main
installations" means installations, extensions, replacements or repairs of
public water supply system mains from which water is or will be
delivered to one or more service connections and which do not require
construction or expansion of pumping stations, storage facilities,
treatment facilities or sources of supply. Notwithstanding the
provisions of this subsection, the department may approve any location
of a replacement public well, if such replacement public well is (A)
necessary for the water company to maintain and provide to its
consumers a safe and adequate water supply, (B) located in an aquifer
of adequate water quality determined by historical water quality data
from the source of water supply it is replacing, and (C) in a more
protected location when compared to the source of water supply it is
replacing, as determined by the department. For purposes of this
subsection, "replacement public well" means a public well that (i)
replaces an existing public well, [in a town in southeastern Connecticut
with a population between fifteen thousand and fifteen thousand three
hundred, as enumerated by the 2010, federal decennial census,] and (ii)
does not meet the sanitary radius and minimum setback requirements
as specified in the regulations of Connecticut state agencies.
Sec. 3. Section 8-3i of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) As used in this section "water company" means a water company,
as defined in section 25-32a, and "petition" includes a petition or
proposal to change the regulations, boundaries or classifications of
zoning districts.
(b) When an application, petition, request or plan is filed with the
zoning commission, planning and zoning commission or zoning board
of appeals of any municipality concerning any project on any site that is
within the aquifer protection area delineated pursuant to section 22a-
354c or the watershed of a water company, the applicant or the person
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making the filing shall: [provide] (1) Provide written notice of the
application, petition, request or plan to the water company and the
[Commissioner of Public Health in a format prescribed by said
commissioner, provided such water company or said commissioner has
filed a map showing the boundaries of the watershed on the land
records of the municipality in which the application, petition, request or
plan is made and with the planning commission, zoning commission,
planning and zoning commission or zoning board of appeals of such
municipality or the aquifer protection area has been delineated in
accordance with section 22a-354c, as the case may be] Department of
Public Health; and (2) determine if the project is within the watershed
of a water company by consulting the maps posted on the department's
Internet web site showing the boundaries of the watershed. Such [notice
shall be made] applicant shall send such notice to the water company
by certified mail, return receipt requested, and to the department by
electronic mail to the electronic mail address designated on its Internet
web site for receipt of such notice. Such applicant shall [be mailed] mail
such notice not later than seven days after the date of the application.
Such water company and the Commissioner of Public Health may,
through a representative, appear and be heard at any hearing on any
such application, petition, request or plan.
(c) Notwithstanding the provisions of subsection (b) of this section,
when an agent of the zoning commission, planning and zoning
commission or zoning board of appeals is authorized to approve an
application, petition, request or plan concerning any site that is within
the aquifer protection area delineated pursuant to section 22a-354c or
the watershed of a water company without the approval of the zoning
commission, planning and zoning commission or zoning board of
appeals, and such agent determines that the proposed activity will not
adversely affect the public water supply, the applicant or person making
the filing shall not be required to notify the water company or the
[Commissioner] Department of Public Health.
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Sec. 4. Section 22a-42f of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
When an application is filed to conduct or cause to be conducted a
regulated activity upon an inland wetland or watercourse, any portion
of which is within the watershed of a water company as defined in
section 25-32a, the applicant shall: [provide] (1) Provide written notice
of the application to the water company and the [Commissioner of
Public Health in a format prescribed by said commissioner, provided
such water company or said commissioner has filed a map showing the
boundaries of the watershed on the land records of the municipality in
which the application is made and with the inland wetlands agency of
such municipality] Department of Public Health; and (2) determine if
the project is within the watershed of a water company by consulting
the maps posted on the department's Internet web site showing the
boundaries of the watershed. Such [notice shall be made] applicant shall
send such notice to the water company by certified mail, return receipt
requested, and to the department by electronic mail to the electronic
mail address designated by the department on its Internet web site for
receipt of such notice. Such applicant shall [be mailed] mail such notice
not later than seven days after the date of the application. The water
company and the Commissioner of Public Health, through a
representative, may appear and be heard at any hearing on the
application.
Sec. 5. Section 19a-111 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
Upon receipt of each report of confirmed venous blood lead level
equal to or greater than twenty micrograms per deciliter of blood, the
local director of health shall make or cause to be made an
epidemiological investigation of the source of the lead causing the
increased lead level or abnormal body burden and shall order action to
be taken by the appropriate person responsible for the condition that
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brought about such lead poisoning as may be necessary to prevent
further exposure of persons to such poisoning. In the case of any
residential unit where such action will not result in removal of the
hazard within a reasonable time, the local director of health shall utilize
such community resources as are available to effect relocation of any
family occupying such unit. The local director of health may permit
occupancy in said residential unit during abatement if, in such director's
judgment, occupancy would not threaten the health and well-being of
the occupants. The local director of health shall, not later than thirty
days after the conclusion of such director's investigation, report to the
Commissioner of Public Health, using a web-based surveillance system
as prescribed by the commissioner, the result of such investigation and
the action taken to ensure against further lead poisoning from the same
source, including any measures taken to effect relocation of families.
Such report shall include information relevant to the identification and
location of the source of lead poisoning and such other information as
the commissioner may require pursuant to regulations adopted in
accordance with the provisions of chapter 54. The commissioner shall
maintain comprehensive records of all reports submitted pursuant to
this section and section 19a-110. Such records shall be geographically
indexed in order to determine the location of areas of relatively high
incidence of lead poisoning. The commissioner shall establish, in
conjunction with recognized professional medical groups, guidelines
consistent with the National Centers for Disease Control and Prevention
for assessment of the risk of lead poisoning, screening for lead poisoning
and treatment and follow-up care of individuals including children with
lead poisoning, women who are pregnant and women who are planning
pregnancy. Nothing in this section shall be construed to prohibit a local
building official from requiring abatement of sources of lead.
Sec. 6. Section 19a-37 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
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(a) As used in this section:
(1) "Laboratory or firm" means an environmental laboratory
registered by the Department of Public Health pursuant to section 19a-
29a;
(2) "Private well" means a water supply well that meets all of the
following criteria: (A) Is not a public well; (B) supplies a residential
population of less than twenty-five persons per day; and (C) is owned
or controlled through an easement or by the same entity that owns or
controls the building or parcel that is served by the water supply well;
(3) "Public well" means a water supply well that supplies a public
water system;
(4) "Semipublic well" means a water supply well that (A) does not
meet the definition of a private well or public well, and (B) provides
water for drinking and other domestic purposes; and
(5) "Water supply well" means an artificial excavation constructed by
any method for the purpose of obtaining or providing water for
drinking or other domestic, industrial, commercial, agricultural,
recreational or irrigation use, or other outdoor water use.
(b) The Commissioner of Public Health may adopt regulations in the
[Public Health Code] regulations of Connecticut state agencies for the
preservation of the public health pertaining to (1) protection and
location of new water supply wells or springs for residential or
nonresidential construction or for public or semipublic use, and (2)
inspection for compliance with the provisions of municipal regulations
adopted pursuant to section 22a-354p.
(c) The Commissioner of Public Health shall adopt regulations, in
accordance with chapter 54, for the testing of water quality in private
[residential] wells and semipublic wells. Any laboratory or firm which
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conducts a water quality test on a private well serving a residential
property or semipublic well shall, not later than thirty days after the
completion of such test, report the results of such test to (1) the public
health authority of the municipality where the property is located, and
(2) the Department of Public Health in a format specified by the
department, provided such report shall only be required if the party for
whom the laboratory or firm conducted such test informs the laboratory
or firm identified on the chain of custody documentation submitted
with the test samples that the test was conducted in connection with the
sale of such property. No regulation may require such a test to be
conducted as a consequence or a condition of the sale, exchange,
transfer, purchase or rental of the real property on which the private
[residential] well or semipublic well is located.
(d) Prior to the sale, exchange, purchase, transfer or rental of real
property on which a [residential] private or semipublic well is located,
the owner shall provide the buyer or tenant notice that educational
material concerning private well testing is available on the Department
of Public Health web site. Failure to provide such notice shall not
invalidate any sale, exchange, purchase, transfer or rental of real
property. If the seller or landlord provides such notice in writing, the
seller or landlord and any real estate licensee shall be deemed to have
fully satisfied any duty to notify the buyer or tenant that the subject real
property is located in an area for which there are reasonable grounds for
testing under subsection (g) or (j) of this section.
(e) The Commissioner of Public Health shall adopt regulations, in
accordance with chapter 54, to clarify the criteria under which the
commissioner may issue a well permit exception and to describe the
terms and conditions that shall be imposed when a well is allowed at a
premises (1) that is connected to a public water supply system, or (2)
whose boundary is located within two hundred feet of an approved
community water supply system, measured along a street, alley or
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easement. Such regulations shall (A) provide for notification of the
permit to the public water supplier, (B) address the quality of the water
supplied from the well, the means and extent to which the well shall not
be interconnected with the public water supply, the need for a physical
separation, and the installation of a reduced pressure device for
backflow prevention, the inspection and testing requirements of any
such reduced pressure device, and (C) identify the extent and frequency
of water quality testing required for the well supply.
(f) No regulation may require that a certificate of occupancy for a
dwelling unit on such residential property be withheld or revoked on
the basis of a water quality test performed on a private [residential] well
pursuant to this section, unless such test results indicate that any
maximum contaminant level applicable to public water supply systems
for any contaminant listed in the [public health code] regulations of
Connecticut state agencies has been exceeded. No administrative
agency, health district or municipal health officer may withhold or
cause to be withheld such a certificate of occupancy except as provided
in this section.
(g) The local director of health may require a private [residential] well
or semipublic well to be tested for arsenic, radium, uranium, radon or
gross alpha emitters, when there are reasonable grounds to suspect that
such contaminants are present in the groundwater. For purposes of this
subsection, "reasonable grounds" means (1) the existence of a geological
area known to have naturally occurring arsenic, radium, uranium,
radon or gross alpha emitter deposits in the bedrock; or (2) the well is
located in an area in which it is known that arsenic, radium, uranium,
radon or gross alpha emitters are present in the groundwater.
(h) Except as provided in subsection (i) of this section, the collection
of samples for determining the water quality of private [residential]
wells and semipublic wells may be made only by (1) employees of a
laboratory or firm certified or approved by the Department of Public
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Health to test drinking water, if such employees have been trained in
sample collection techniques, (2) certified water operators, (3) local
health departments and state employees trained in sample collection
techniques, or (4) individuals with training and experience that the
Department of Public Health deems sufficient.
(i) Any owner of a residential construction, including, but not limited
to, a homeowner, on which a private [residential] well is located or any
general contractor of a new residential construction on which a private
[residential] well is located may collect samples of well water for
submission to a laboratory or firm for the purposes of testing water
quality pursuant to this section, provided (1) such laboratory or firm has
provided instructions to said owner or general contractor on how to
collect such samples, and (2) such owner or general contractor is
identified to the subsequent owner on a form to be prescribed by the
Department of Public Health. No regulation may prohibit or impede
such collection or analysis.
(j) The local director of health may require private [residential] wells
and semipublic wells to be tested for pesticides, herbicides or organic
chemicals when there are reasonable grounds to suspect that any such
contaminants might be present in the groundwater. For purposes of this
subsection, "reasonable grounds" means (1) the presence of nitrate-
nitrogen in the groundwater at a concentration greater than ten
milligrams per liter, or (2) that the private [residential] well or
semipublic well is located on land, or in proximity to land, associated
with the past or present production, storage, use or disposal of organic
chemicals as identified in any public record.
(k) Any water transported in bulk by any means to a premises
currently supplied by a private well or semipublic well where the water
is to be used for purposes of drinking or domestic use shall be provided
by a bulk water hauler licensed pursuant to section 20-278h. No bulk
water hauler shall deliver water without first notifying the owner of the
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premises of such delivery. Bulk water hauling to a premises currently
supplied by a private well or semipublic well shall be permitted only as
a temporary measure to alleviate a water supply shortage.
Sec. 7. (NEW) (Effective October 1, 2021) The owner of any residential
or commercial property shall notify each tenant of any leased or rented
unit located on such property and the lessee of such property whenever
any testing of the water supply for such property indicates that the
water exceeds a maximum contaminant level applicable to water supply
systems for any contaminant listed in the regulations of Connecticut
state agencies or for any contaminant listed on the state drinking water
action level list established pursuant to section 22a-471 of the general
statutes. As soon as practicable, but not later than forty-eight hours after
receiving notification of the results of such testing, the owner shall
forward a copy of such notification to each such tenant and lessee. The
local director of health shall take all reasonable steps to verify that such
owner forwarded the notice required pursuant to this section.
Sec. 8. Section 19a-524 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
If, upon review, investigation or inspection pursuant to section 19a-
498, the Commissioner of Public Health determines that a nursing home
facility or residential care home has violated any provision of section
17a-411, 19a-491a to 19a-491c, inclusive, as amended by this act, 19a-
493a, 19a-521 to 19a-529, inclusive, 19a-531 to 19a-551, inclusive, or 19a-
553 to 19a-555, inclusive, or any provision of any regulation of
Connecticut state agencies relating to licensure, the Fire Safety Code or
the operation or maintenance of a nursing home facility or residential
care home, which violation has been classified in accordance with
section 19a-527, the commissioner may immediately issue or cause to be
issued a citation to the licensee of such nursing home facility or
residential care home. Governmental immunity shall not be a defense to
any citation issued or civil penalty imposed pursuant to this section or
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sections 19-525 to 19a-528, inclusive. Each such citation shall be in
writing, provide notice of the nature and scope of the alleged violation
or violations, and include, but not be limited to, the citation and notice
of noncompliance issued in accordance with section 19a-496. Each
citation and notice of noncompliance issued under this section shall be
sent to the licensee electronically in a form and manner prescribed by
the commissioner or by certified mail [to the licensee] at the address of
the nursing home facility or residential care home in issue. A copy of
such citation and notice of noncompliance shall also be sent to the
licensed administrator at the address of the nursing home facility or
residential care home.
Sec. 9. Subdivision (2) of subsection (c) of section 19a-491c of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2021):
(2) No long-term care facility shall be required to comply with the
provisions of this subsection if (A) the individual provides evidence to
the long-term care facility that such individual submitted to a
background search conducted pursuant to subdivision (1) of this
subsection not more than three years immediately preceding the date
such individual applies for employment, seeks to enter into a contract
or begins volunteering with the long-term care facility and that the prior
background search confirmed that the individual did not have a
disqualifying offense, or (B) the commissioner determines the need to
temporarily suspend the requirements of this subsection in the event of
an emergency or significant disruption. The commissioner shall inform
the long-term care facility when the commissioner has suspended the
requirements of this subsection pursuant to subparagraph (B) of this
subdivision and when such suspension is rescinded.
Sec. 10. Section 19a-177 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
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The commissioner shall:
(1) With the advice of the Office of Emergency Medical Services
established pursuant to section 19a-178 and of an advisory committee
on emergency medical services and with the benefit of meetings held
pursuant to subsection (b) of section 19a-184, adopt every five years a
state-wide plan for the coordinated delivery of emergency medical
services;
(2) License or certify the following: (A) Ambulance operations,
[ambulance drivers,] emergency medical services personnel and
communications personnel; (B) emergency room facilities and
communications facilities; and (C) transportation equipment, including
land, sea and air vehicles used for transportation of patients to
emergency facilities and periodically inspect life saving equipment,
emergency facilities and emergency transportation vehicles to ensure
state standards are maintained;
(3) Annually inventory emergency medical services resources within
the state, including facilities, equipment, and personnel, for the
purposes of determining the need for additional services and the
effectiveness of existing services;
(4) Review and evaluate all area-wide plans developed by the
emergency medical services councils pursuant to section 19a-182 in
order to insure conformity with standards issued by the commissioner;
(5) Not later than thirty days after their receipt, review all grant and
contract applications for federal or state funds concerning emergency
medical services or related activities for conformity to policy guidelines
and forward such application to the appropriate agency, when required;
(6) Establish such minimum standards and adopt such regulations in
accordance with the provisions of chapter 54, as may be necessary to
develop the following components of an emergency medical service
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system: (A) Communications, which shall include, but not be limited to,
equipment, radio frequencies and operational procedures; (B)
transportation services, which shall include, but not be limited to,
vehicle type, design, condition and maintenance, and operational
procedures; (C) training, which shall include, but not be limited to,
emergency medical services personnel, communications personnel,
paraprofessionals associated with emergency medical services,
firefighters and state and local police; (D) emergency medical service
facilities, which shall include, but not be limited to, categorization of
emergency departments as to their treatment capabilities and ancillary
services; and (E) mobile integrated health care programs, which shall
include, but not be limited to, the standards to ensure the health, safety
and welfare of the patients being served by such programs and data
collection and reporting requirements to ensure and measure quality
outcomes of such programs;
(7) Coordinate training of all emergency medical services personnel;
(8) (A) Develop an emergency medical services data collection
system. Each emergency medical service organization licensed or
certified pursuant to this chapter shall submit data to the commissioner,
on a quarterly basis, from each licensed ambulance service, certified
ambulance service or paramedic intercept service that provides
emergency medical services. Such submitted data shall include, but not
be limited to: (i) The total number of calls for emergency medical
services received by such licensed ambulance service, certified
ambulance service or paramedic intercept service through the 9-1-1
system during the reporting period; (ii) each level of emergency medical
services, as defined in regulations adopted pursuant to section 19a-179,
required for each such call; (iii) the response time for each licensed
ambulance service, certified ambulance service or paramedic intercept
service during the reporting period; (iv) the number of passed calls,
cancelled calls and mutual aid calls, both made and received, during the
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reporting period; and (v) for the reporting period, the prehospital data
for the nonscheduled transport of patients required by regulations
adopted pursuant to subdivision (6) of this section. The data required
under this subdivision may be submitted in any electronic form selected
by such licensed ambulance service, certified ambulance service or
paramedic intercept service and approved by the commissioner,
provided the commissioner shall take into consideration the needs of
such licensed ambulance service, certified ambulance service or
paramedic intercept service in approving such electronic form. The
commissioner may conduct an audit of any such licensed ambulance
service, certified ambulance service or paramedic intercept service as
the commissioner deems necessary in order to verify the accuracy of
such reported data.
(B) On or before December 31, 2018, and annually thereafter, the
commissioner shall prepare a report to the Emergency Medical Services
Advisory Board, established pursuant to section 19a-178a, as amended
by this act, that shall include, but not be limited to, the following data:
(i) The total number of calls for emergency medical services received
during the reporting year by each licensed ambulance service, certified
ambulance service or paramedic intercept service; (ii) the level of
emergency medical services required for each such call; (iii) the name of
the emergency medical service organization that provided each such
level of emergency medical services furnished during the reporting
year; (iv) the response time, by time ranges or fractile response times,
for each licensed ambulance service, certified ambulance service or
paramedic intercept service, using a common definition of response
time, as provided in regulations adopted pursuant to section 19a-179;
and (v) the number of passed calls, cancelled calls and mutual aid calls
during the reporting year. The commissioner shall prepare such report
in a format that categorizes such data for each municipality in which the
emergency medical services were provided, with each such
municipality grouped according to urban, suburban and rural
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classifications.
(C) If any licensed ambulance service, certified ambulance service or
paramedic intercept service does not submit the data required under
subparagraph (A) of this subdivision for a period of six consecutive
months, or if the commissioner believes that such licensed ambulance
service, certified ambulance service or paramedic intercept service
knowingly or intentionally submitted incomplete or false data, the
commissioner shall issue a written order directing such licensed
ambulance service, certified ambulance service or paramedic intercept
service to comply with the provisions of subparagraph (A) of this
subdivision and submit all missing data or such corrected data as the
commissioner may require. If such licensed ambulance service, certified
ambulance service or paramedic intercept service fails to fully comply
with such order not later than three months from the date such order is
issued, the commissioner (i) shall conduct a hearing, in accordance with
chapter 54, at which such licensed ambulance service, certified
ambulance service or paramedic intercept service shall be required to
show cause why the primary service area assignment of such licensed
ambulance service, certified ambulance service or paramedic intercept
service should not be revoked, and (ii) may take such disciplinary action
under section 19a-17 as the commissioner deems appropriate.
(D) The commissioner shall collect the data required by
subparagraph (A) of this subdivision, in the manner provided in said
subparagraph, from each emergency medical service organization
licensed or certified pursuant to this chapter. Any such emergency
medical service organization that fails to comply with the provisions of
this section shall be liable for a civil penalty not to exceed one hundred
dollars per day for each failure to report the required data regarding
emergency medical services provided to a patient, as determined by the
commissioner. The civil penalties set forth in this subparagraph shall be
assessed only after the department provides a written notice of
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deficiency and the organization is afforded the opportunity to respond
to such notice. An organization shall have not more than fifteen business
days after the date of receiving such notice to provide a written response
to the department. The commissioner may adopt regulations, in
accordance
with
chapter
54,
concerning
the
development,
implementation, monitoring and collection of emergency medical
service system data. All state agencies licensed or certified as emergency
medical service organizations shall be exempt from the civil penalties
set forth in this subparagraph.
(E) The commissioner shall, with the recommendation of the
Connecticut Emergency Medical Services Advisory Board established
pursuant to section 19a-178a, as amended by this act, adopt for use in
trauma data collection the most recent version of the National Trauma
Data Bank's National Trauma Data Standards and Data Dictionary and
nationally recognized guidelines for field triage of injured patients;
(9) (A) Establish rates for the conveyance and treatment of patients
by licensed ambulance services and invalid coaches and establish
emergency service rates for certified ambulance services and paramedic
intercept services, provided (i) the present rates established for such
services and vehicles shall remain in effect until such time as the
commissioner establishes a new rate schedule as provided in this
subdivision, and (ii) any rate increase not in excess of the Medical Care
Services Consumer Price Index, as published by the Bureau of Labor
Statistics of the United States Department of Labor, for the prior year,
filed in accordance with subparagraph (B)(iii) of this subdivision shall
be deemed approved by the commissioner. For purposes of this
subdivision, licensed ambulance services and paramedic intercept
services shall not include emergency air transport services or mobile
integrated health care programs.
(B) Adopt regulations, in accordance with the provisions of chapter
54, establishing methods for setting rates and conditions for charging
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such rates. Such regulations shall include, but not be limited to,
provisions requiring that on and after July 1, 2000: (i) Requests for rate
increases may be filed no more frequently than once a year, except that,
in any case where an agency's schedule of maximum allowable rates
falls below that of the Medicare allowable rates for that agency, the
commissioner shall immediately amend such schedule so that the rates
are at or above the Medicare allowable rates; (ii) only licensed
ambulance services, certified ambulance services and paramedic
intercept services that apply for a rate increase in excess of the Medical
Care Services Consumer Price Index, as published by the Bureau of
Labor Statistics of the United States Department of Labor, for the prior
year, and do not accept the maximum allowable rates contained in any
voluntary state-wide rate schedule established by the commissioner for
the rate application year shall be required to file detailed financial
information with the commissioner, provided any hearing that the
commissioner may hold concerning such application shall be conducted
as a contested case in accordance with chapter 54; (iii) licensed
ambulance services, certified ambulance services and paramedic
intercept services that do not apply for a rate increase in any year in
excess of the Medical Care Services Consumer Price Index, as published
by the Bureau of Labor Statistics of the United States Department of
Labor, for the prior year, or that accept the maximum allowable rates
contained in any voluntary state-wide rate schedule established by the
commissioner for the rate application year shall, not later than the last
business day in August of such year, file with the commissioner a
statement of emergency and nonemergency call volume, and, in the case
of a licensed ambulance service, certified ambulance service or
paramedic intercept service that is not applying for a rate increase, a
written declaration by such licensed ambulance service, certified
ambulance service or paramedic intercept service that no change in its
currently approved maximum allowable rates will occur for the rate
application year; and (iv) detailed financial and operational information
filed by licensed ambulance services, certified ambulance services and
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paramedic intercept services to support a request for a rate increase in
excess of the Medical Care Services Consumer Price Index, as published
by the Bureau of Labor Statistics of the United States Department of
Labor, for the prior year, shall cover the time period pertaining to the
most recently completed fiscal year and the rate application year of the
licensed ambulance service, certified ambulance service or paramedic
intercept service.
(C) Establish rates for licensed ambulance services, certified
ambulance services or paramedic intercept services for the following
services and conditions: (i) "Advanced life support assessment" and
"specialty care transports", which terms have the meanings provided in
42 CFR 414.605; and (ii) mileage, which may include mileage for an
ambulance transport when the point of origin and final destination for
a transport is within the boundaries of the same municipality. The rates
established by the commissioner for each such service or condition shall
be equal to (I) the ambulance service's base rate plus its established
advanced life support/paramedic surcharge when advanced life
support assessment services are performed; (II) two hundred twenty-
five per cent of the ambulance service's established base rate for
specialty care transports; and (III) "loaded mileage", as the term is
defined in 42 CFR 414.605, multiplied by the ambulance service's
established rate for mileage. Such rates shall remain in effect until such
time as the commissioner establishes a new rate schedule as provided
in this subdivision.
(D) Establish rates for the treatment and release of patients by a
licensed or certified emergency medical services organization or a
provider who does not transport such patients to an emergency
department and who is operating within the scope of such
organization's or provider's practice and following protocols approved
by the sponsor hospital. The rates established pursuant to this
subparagraph shall not apply to the treatment provided to patients
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through mobile integrated health care programs;
(10) Establish primary service areas and assign in writing a primary
service area responder for each primary service area. Each state-owned
campus having an acute care hospital on the premises shall be
designated as the primary service area responder for that campus;
(11) Revoke primary service area assignments upon determination by
the commissioner that it is in the best interests of patient care to do so;
and
(12) Annually issue a list of minimum equipment requirements for
[ambulances and rescue vehicles] authorized emergency medical
services vehicles based upon current national standards. The
commissioner shall distribute such list to all emergency medical service
organizations and sponsor hospital medical directors and make such list
available to other interested stakeholders. Emergency medical service
organizations shall have one year from the date of issuance of such list
to comply with the minimum equipment requirements.
Sec. 11. (NEW) (Effective July 1, 2021) The Commissioner of Public
Health may waive any provisions of the regulations applying to an
emergency medical service organization or emergency medical services
personnel, as such terms are defined in section 19a-175 of the general
statutes, as amended by this act, if the commissioner determines that
such waiver (1) would not endanger the health, safety or welfare of any
patient or resident, and (2) does not affect the maximum allowable rates
for each emergency medical service organization or primary service
area assignments. The commissioner may impose conditions, upon
granting the waiver, that assure the health, safety or welfare of patients
or residents and may terminate the waiver upon a finding that the
health, safety or welfare of any patient or resident has been jeopardized.
The commissioner may adopt regulations, in accordance with the
provisions of chapter 54 of the general statutes, establishing procedures
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for an application for a waiver pursuant to this subdivision.
Sec. 12. Section 20-207 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings specified:
(1) "Board" means the Connecticut Board of Examiners of Embalmers
and Funeral Directors;
(2) "Person" means an individual or corporation, but not a
partnership;
(3) "Funeral directing" means the business, practice or profession, as
commonly practiced, of (A) directing or supervising funerals, or
providing funeral services; (B) handling or encasing or providing
services for handling and encasing dead human bodies, otherwise than
by embalming, for burial or disposal; (C) providing embalming services;
(D) providing transportation, interment and disinterment of dead
human bodies; (E) maintaining an establishment so located, constructed
and equipped as to permit the decent and sanitary handling of dead
human bodies, with suitable equipment in such establishment for such
handling; (F) conducting an establishment from which funerals may be
held; (G) engaging in consultations concerning arrangements for the
disposition of human remains, including, but not limited to,
arrangements for cremation or alkaline hydrolysis; (H) casketing human
remains; (I) making cemetery and cremation arrangements; and (J)
preparing funeral service contracts, as defined in section 42-200;
(4) "Funeral director" means any person engaged or holding himself
or herself out as engaged in funeral directing whether or not he or she
uses in connection with his or her name or business the words "funeral
director," "undertaker" or "mortician" or any other word or title
intended to designate him or her as a funeral director or mortician or as
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one so engaged;
(5) "Funeral service business" means the business, practice or
profession of funeral directing;
(6) "Licensed embalmer" means an embalmer holding a license as
provided in this chapter;
(7) "Licensed funeral director" means a funeral director holding a
license as provided in this chapter;
(8) ["Student embalmer"] "Registered apprentice embalmer" means a
person [studying embalming and] registered with the Department of
Public Health as an apprentice pursuant to the provisions of this
chapter;
(9) ["Student funeral director"] "Registered apprentice funeral
director" means a person [studying the funeral service business and]
registered with the Department of Public Health as an apprentice
pursuant to the provisions of this chapter;
(10) "Full-time employment" means regular and steady work during
the normal working hours by any person at the establishment at which
he is employed; and
(11) "Manager" means an individual who (A) is licensed as an
embalmer or funeral director pursuant to this chapter and (B) has direct
and personal responsibility for the daily operation and management of
a funeral service business.
Sec. 13. Section 20-212 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
No person, except a licensed embalmer, shall inject any fluid or
substance into any dead human body, except that a registered [student]
apprentice embalmer may, even if not in the presence of a licensed
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embalmer, make such injection or perform any other act under [his]
such licensed embalmer's instruction; and no person, firm or
corporation shall enter, engage in, carry on or manage for another the
business of caring for, preserving or disposing of dead human bodies
until each person, firm or corporation so engaged has obtained from the
Department of Public Health and holds a license as provided in this
chapter; nor shall any person be employed to remove a dead human
body, except a licensed embalmer, a registered [student] apprentice
embalmer, a licensed funeral director, or a person authorized in each
instance by the Chief Medical Examiner, Deputy Medical Examiner or
assistant medical examiner incidental to examining the body of a
deceased person, except that once a dead human body has been
prepared in accordance with the [Public Health Code] regulations of
Connecticut state agencies and the applicable provisions of the general
statutes, an embalmer or funeral director licensed in this state may
authorize an unlicensed employee to transport such body. Nothing in
this section shall be construed to prohibit any person licensed as an
embalmer or as a funeral director under the laws of another state from
bringing into or removing from this state a dead human body, provided
any and all other laws of this state relative to such body have been
complied with. Nothing in this chapter shall be construed to prohibit
any student who is enrolled in a program of education in mortuary
science, approved by the board, with the consent of the Commissioner
of Public Health, from embalming up to ten human bodies under the
supervision of a licensed embalmer and incidental to such student's
course of study. Such embalming shall be counted toward the
embalming requirement outlined in section 20-213, as amended by this
act, when such student becomes a registered apprentice embalmer.
Sec. 14. Subsections (a) and (b) of section 20-213 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective
October 1, 2021):
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(a) (1) After a [student] registered apprentice embalmer has (A)
completed a program of education in mortuary science approved by the
board with the consent of the Commissioner of Public Health, (B)
successfully completed an examination prescribed by the Department
of Public Health with the consent of the board, (C) completed one year
of practical training and experience of a grade and character satisfactory
to the commissioner in the state in full-time employment under the
personal supervision and instruction of an embalmer licensed under the
provisions of this chapter, and (D) embalmed fifty human bodies in not
more than two years under the supervision of a licensed embalmer or
embalmers, (2) the [student] registered apprentice embalmer shall (A)
submit to the department an application and fee of two hundred ten
dollars, (B) take a written examination on the Connecticut public health
laws and the regulations of Connecticut state agencies pertaining to the
activities of an embalmer, and (C) take an examination in practical
embalming that shall include an actual demonstration upon a cadaver.
When the [student] registered apprentice embalmer has satisfactorily
passed such examinations, said department shall issue to him or her a
license to practice embalming. At the expiration of such license, if the
holder thereof desires a renewal, said department shall grant it pursuant
to section 20-222a, except for cause.
(b) Examinations for registration as a [student] registered apprentice
embalmer and for an embalmer's license shall be administered to
applicants by the Department of Public Health, under the supervision
of the board, semiannually and at such other times as may be
determined by the department.
Sec. 15. Section 20-215 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
No licensed embalmer shall sign an affidavit attesting the
preparation or embalming of any body unless such body has been
prepared or embalmed by [him] such licensed embalmer, or by a
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registered [student] apprentice embalmer under [his] such licensed
embalmer's personal supervision.
Sec. 16. Subsection (a) of section 20-217 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) When a [student] registered apprentice funeral director has
completed a program of education approved by the board with the
consent of the Commissioner of Public Health, has successfully
completed an examination prescribed by the department with the
consent of the board and furnishes the department with satisfactory
proof that he or she has completed one year of practical training and
experience in full-time employment under the personal supervision of
a licensed embalmer or funeral director, and pays to the department a
fee of two hundred ten dollars, [he] such registered apprentice funeral
director shall be entitled to be examined upon the Connecticut state law
and regulations pertaining to his or her professional activities. If found
to be qualified by the Department of Public Health, [he] such registered
apprentice funeral director shall be licensed as a funeral director.
Renewal licenses shall be issued by the Department of Public Health
pursuant to section 20-222a, unless withheld for cause as herein
provided, upon a payment of a fee of two hundred thirty dollars.
Sec. 17. Section 20-224 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) The provisions of sections 20-217, as amended by this act, 20-220
and 20-227 shall not prohibit the employment of assistants or of
[student] registered apprentice embalmers and [student] registered
apprentice funeral directors as provided in this chapter, provided a
licensed funeral service business may employ no more than two
[student] registered apprentice embalmers at any one time, and any
person, firm, corporation or other organization engaged in the business
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of funeral directing may employ no more than one [student] registered
apprentice funeral director at any one time, without the approval of the
Board of Examiners of Embalmers and Funeral Directors.
(b) [Student] Registered apprentice embalmers and [student]
registered apprentice funeral directors shall register as apprentices with
the Department of Public Health, in the manner prescribed by the
commissioner in regulations adopted pursuant to section 20-211, for
purposes of completing practical training and experience pursuant to
the provisions of this chapter.
Sec. 18. Section 20-195dd of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Except as otherwise provided in subsections (c) and (d) of this
section, an applicant for a license as a professional counselor shall
submit evidence satisfactory to the commissioner of having: (1) (A)
Earned a graduate degree in clinical mental health counseling as part of
a program of higher learning accredited by the Council for
Accreditation of Counseling and Related Educational Programs, or a
successor organization, or (B) (i) completed at least sixty graduate
semester hours in counseling or a related mental health field at a
regionally accredited institution of higher education that included
coursework in each of the following areas: (I) Human growth and
development; (II) social and cultural foundations; (III) counseling
theories; (IV) counseling techniques; (V) group counseling; (VI) career
counseling; (VII) appraisals or tests and measurements to individuals
and groups; (VIII) research and evaluation; (IX) professional orientation
to mental health counseling; (X) addiction and substance abuse
counseling; (XI) trauma and crisis counseling; and (XII) diagnosis and
treatment of mental and emotional disorders, (ii) earned from a
regionally accredited institution of higher education a graduate degree
in counseling or a related mental health field, (iii) completed a one-
hundred-hour practicum in counseling taught by a faculty member
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licensed or certified as a professional counselor or its equivalent in
another state, and (iv) completed a six-hundred-hour clinical mental
health counseling internship taught by a faculty member licensed or
certified as a professional counselor or its equivalent in another state; (2)
acquired three thousand hours of postgraduate experience under
professional supervision, including a minimum of one hundred hours
of direct professional supervision, in the practice of professional
counseling, performed over a period of not less than two years; and (3)
passed an examination prescribed by the commissioner. The provisions
of subparagraphs (B)(i)(X) to (B)(i)(XII), inclusive, (B)(iii) and (B)(iv) of
this subsection shall not apply to any applicant who, on or before July
1, 2017, was a matriculating student in good standing in a graduate
degree program at a regionally accredited institution of higher
education in one of the fields required under subparagraph (B) of this
subsection.
(b) An applicant for a license as a professional counselor associate
shall submit to the Commissioner of Public Health evidence satisfactory
to the commissioner of having (1) earned a graduate degree in clinical
mental health counseling as part of a program of higher learning
accredited by the Council for Accreditation of Counseling and Related
Educational Programs, or a successor organization, or (2) (A) completed
at least sixty graduate semester hours in counseling or a related mental
health field at a regionally accredited institution of higher education
that included coursework in each of the following areas: Human growth
and development; social and cultural foundations; counseling theories;
counseling techniques; group counseling; career counseling; appraisals
or tests and measurements to individuals and groups; research and
evaluation; professional orientation to mental health counseling;
addiction and substance abuse counseling; trauma and crisis
counseling; and diagnosis and treatment of mental and emotional
disorders, (B) completed a one-hundred-hour practicum in counseling
taught by a faculty member licensed or certified as a professional
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counselor or its equivalent in another state, (C) completed a six-
hundred-hour clinical mental health counseling internship taught by a
faculty member licensed or certified as a professional counselor or its
equivalent in another state, and (D) earned from a regionally accredited
institution of higher education a graduate degree in counseling or a
related mental health field. The provisions of subparagraphs (A) to (C),
inclusive, of subdivision (2) of this subsection shall not apply to any
applicant who, on or before July 1, 2022, earned a graduate degree at a
regionally accredited institution of higher education in counseling or a
related mental health field and has accumulated at least three thousand
hours of experience under professional supervision, as defined in
section 20-195aa.
(c) An applicant for licensure by endorsement shall present evidence
satisfactory to the commissioner that the applicant is licensed or
certified as a professional counselor or professional counselor associate,
or as a person entitled to perform similar services under a different
designation, in another state or jurisdiction whose requirements for
practicing in such capacity are substantially similar to or higher than
those of this state and that there are no disciplinary actions or
unresolved complaints pending.
(d) An applicant who is licensed or certified as a professional
counselor or its equivalent in another state, territory or commonwealth
of the United States may substitute three years of licensed or certified
work experience in the practice of professional counseling in lieu of the
requirements of subdivision (2) of subsection (a) of this section,
provided the commissioner finds that such experience is equal to or
greater than the requirements of this state.
Sec. 19. Subsection (a) of section 20-195c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
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(a) Each applicant for licensure as a marital and family therapist shall
present to the department satisfactory evidence that such applicant has:
(1) Completed a graduate degree program specializing in marital and
family therapy offered by a regionally accredited college or university
or an accredited postgraduate clinical training program accredited by
the Commission on Accreditation for Marriage and Family Therapy
Education offered by a regionally accredited institution of higher
education; (2) completed a supervised practicum or internship with
emphasis in marital and family therapy supervised by the program
granting the requisite degree or by an accredited postgraduate clinical
training program accredited by the Commission on Accreditation for
Marriage and Family Therapy Education and offered by a regionally
accredited institution of higher education; [, in which the student
received a minimum of five hundred direct clinical hours that included
one hundred hours of clinical supervision;] (3) completed twelve
months of relevant postgraduate experience, including (A) a minimum
of one thousand hours of direct client contact offering marital and
family therapy services subsequent to being awarded a master's degree
or doctorate or subsequent to the training year specified in subdivision
(2) of this subsection, and (B) one hundred hours of postgraduate
clinical supervision provided by a licensed marital and family therapist;
and (4) passed an examination prescribed by the department. The fee
shall be three hundred fifteen dollars for each initial application.
Sec. 20. Subdivision (12) of subsection (a) of section 19a-14 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2021):
(12) With respect to any complaint filed with the department on or
after October 1, 2010, alleging incompetence, negligence, fraud or deceit
by a person subject to regulation or licensing by any board or
commission described in subdivision (1) to [(5), inclusive, (7),] (8),
inclusive, (12) to (14), inclusive, or subdivision (16) of subsection (b) of
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this section:
(A) Upon request of the person who filed the complaint, provide such
person with information on the status of the complaint;
(B) Upon request of the person who filed the complaint, provide such
person with an opportunity to review, at the department, records
compiled as of the date of the request pursuant to any investigation of
the complaint, including, but not limited to, the respondent's written
response to the complaint, except that such person shall not be entitled
to copy such records and the department (i) shall not disclose (I)
information concerning a health care professional's referral to,
participation in or completion of an assistance program in accordance
with sections 19a-12a, as amended by this act, and 19a-12b, that is
confidential pursuant to section 19a-12a, as amended by this act, (II)
information not related to such person's specific complaint, including,
but not limited to, information concerning patients other than such
person, or (III) personnel or medical records and similar files the
disclosure of which would constitute an invasion of personal privacy
pursuant to section 1-210, except for such records or similar files solely
related to such person; (ii) shall not be required to disclose any other
information that is otherwise confidential pursuant to federal law or
state statute, except for information solely related to such person; and
(iii) may require up to ten business days written notice prior to
providing such opportunity for review;
(C) Prior to resolving the complaint with a consent order, provide the
person who filed the complaint with not less than ten business days to
submit a written statement as to whether such person objects to
resolving the complaint with a consent order;
(D) If a hearing is held with respect to such complaint after a finding
of probable cause, provide the person who filed the complaint with a
copy of the notice of hearing issued pursuant to section 4-177, which
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shall include information concerning the opportunity to present oral or
written statements pursuant to subsection (b) of section 4-177c; and
(E) Notify the person who filed the complaint of the final disposition
of such complaint not later than seven business days after such final
disposition;
Sec. 21. Subsections (a) to (c), inclusive, of section 20-204a of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective October 1, 2021):
(a) The department shall investigate each allegation of any act or
omission by a veterinarian specified in section 20-202. The investigation
shall be conducted in accordance with the provisions of section 19a-14,
as amended by this act, to determine if probable cause exists to issue a
statement of charges and to institute proceedings against the
veterinarian. Such investigation shall be concluded not later than twelve
months from the date the allegation is submitted to the department.
(b) Except as provided in subsections (c) and (d) of this section, the
investigation shall be confidential and not subject to disclosure under
section 1-210 and no person may disclose knowledge of the
investigation to a third party unless the veterinarian requests that the
investigation be open, [The owner of any animal that is the subject of
such an investigation shall not be deemed a third party to such an
investigation for purposes of disclosure under this section] except that
the department shall provide information to the person who filed the
complaint pursuant to subdivision (12) of subsection (a) of section 19a-
14, as amended by this act.
(c) If the department makes a finding of no probable cause to take
action under section 20-202 or fails to make a finding within the twelve-
month period required by subsection [(b)] (a) of this section, the
allegation submitted pursuant to subsection (a) of this section and the
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entire record of the investigation may remain confidential and no
person shall disclose knowledge of such investigation to a third party
unless the veterinarian requests that it be open, except that the
department shall provide information to the person who filed the
complaint pursuant to subdivision (12) of subsection (a) of section 19a-
14, as amended by this act.
Sec. 22. Subsections (b) and (c) of section 7-62b of the general statutes
are repealed and the following is substituted in lieu thereof (Effective
January 1, 2022):
(b) The funeral director or embalmer licensed by the department, or
the funeral director or embalmer licensed in another state and
complying with the terms of a reciprocal agreement on file with the
department, in charge of the burial of the deceased person shall
complete the death certificate through the electronic death registry
system, or, if the electronic death registry system is unavailable, on a
form provided by the department. Said certificate shall be filed by a
licensed embalmer or such embalmer's designee or a funeral director or
such director's designee, in accordance with the provisions of this
section, except when inquiry is required by the Chief Medical
Examiner's Office, in which case the death certificate shall be filed in
accordance with section 19a-409. The Social Security number of the
deceased person shall be recorded on such certificate. Such licensed
funeral director or licensed embalmer shall obtain the personal data
from the next of kin or the best qualified person or source available and
shall obtain a medical certification from the person responsible therefor,
in accordance with the provisions of this section. Only a licensed
embalmer may assume charge of the burial of a deceased person who
had a communicable disease, as designated in the [Public Health Code]
regulations of Connecticut state agencies, at the time of death and such
licensed embalmer shall file an affidavit, on a form provided by the
department, signed and sworn to by such licensed embalmer stating
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that the body has been disinfected in accordance with the [Public Health
Code] regulations of Connecticut state agencies.
(c) The medical certification portion of the death certificate shall be
completed, signed and returned to the licensed funeral director or
licensed embalmer no later than twenty-four hours after death by the
physician or advanced practice registered nurse in charge of the
patient's care for the illness or condition which resulted in death, or
upon the death of an infant delivered by a nurse-midwife, by such
nurse-midwife, as provided in section 20-86b. In the absence of such
physician or advanced practice registered nurse, or with the physician's
or advanced practice registered nurse's approval, the medical
certification may be completed and signed by an associate physician, an
advanced practice registered nurse, a physician assistant as provided in
subsection (d) of section 20-12d, a registered nurse as provided in
section 20-101a, the chief medical officer of the institution in which
death occurred, or by the pathologist who performed an autopsy upon
the decedent. No physician, advanced practice registered nurse,
physician assistant, registered nurse, nurse-midwife, chief medical
officer or pathologist shall sign and return the medical certification
unless such physician, advanced practice registered nurse, physician
assistant, registered nurse, nurse-midwife, chief medical officer or
pathologist has personally viewed and examined the body of the person
to whom the medical certification relates and is satisfied that at the time
of the examination such person was in fact dead, except in the event a
medical certification is completed by a physician, advanced practice
registered nurse, physician assistant, registered nurse, nurse-midwife,
chief medical officer or pathologist other than the one who made the
determination and pronouncement of death, an additional viewing and
examination of the body shall not be required. Such physician,
advanced practice registered nurse, physician assistant, registered
nurse, nurse-midwife, chief medical officer or pathologist shall certify
to the facts of death through the electronic death registry system, or, if
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the electronic death registry is unavailable, on a form provided by the
department. If a physician, advanced practice registered nurse,
physician assistant, registered nurse, nurse-midwife, chief medical
officer or pathologist refuses or otherwise fails to complete, sign and
return the medical portion of the death certificate to the licensed funeral
director or licensed embalmer within twenty-four hours after death,
such licensed funeral director or embalmer may notify the
Commissioner of Public Health of such refusal. The commissioner may,
upon receipt of notification and investigation, assess a civil penalty
against such physician, advanced practice registered nurse, physician
assistant, registered nurse, chief medical officer or pathologist not to
exceed two hundred fifty dollars. The medical certification shall state
the cause of death, defined so that such death may be classified under
the international list of causes of death, the duration of disease if known
and such additional information as the Department of Public Health
requires. The department shall give due consideration to national
uniformity in vital statistics in prescribing the form and content of such
information.
Sec. 23. Section 19a-200 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) The mayor of each city, the chief executive officer of each town
and the warden of each borough shall, unless the charter of such city,
town or borough otherwise provides, nominate some person to be
director of health for such city, town or borough. [, which] Such person
shall possess the qualifications specified in subsection (b) of this section.
Upon approval of the Commissioner of Public Health, such nomination
shall be confirmed or rejected by the board of selectmen, if there be such
a board, otherwise by the legislative body of such city or town or by the
burgesses of such borough within thirty days thereafter.
(b) Notwithstanding the charter provisions of any city, town or
borough with respect to the qualifications of the director of health, on
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and after October 1, 2010, any person nominated to be a director of
health shall (1) be a licensed physician and hold a degree in public health
from an accredited school, college, university or institution, or (2) hold
a graduate degree in public health from an accredited institution of
higher education. The educational requirements of this section shall not
apply to any director of health nominated or otherwise appointed as
director of health prior to October 1, 2010.
(c) In cities, towns or boroughs with a population of forty thousand
or more for five consecutive years, according to the estimated
population figures authorized pursuant to subsection (b) of section
8-159a, such director of health shall serve in a full-time capacity, except
where a town has designated such director as the chief medical advisor
for its public schools under section 10-205. [, and]
(d) No director shall, [not,] during such director's term of office, have
any financial interest in or engage in any employment, transaction or
professional activity that is in substantial conflict with the proper
discharge of the duties required of directors of health by the general
statutes or the regulations of Connecticut state agencies or specified by
the appointing authority of the city, town or borough in its written
agreement with such director. A written agreement with such director
shall be submitted to the Commissioner of Public Health by such
appointing
authority
upon
such
director's
appointment
or
reappointment.
(e) Such director of health shall have and exercise within the limits of
the city, town or borough for which such director is appointed all
powers necessary for enforcing the general statutes, provisions of the
regulations of Connecticut state agencies relating to the preservation
and improvement of the public health and preventing the spread of
diseases therein.
(f) In case of the absence or inability to act of a city, town or borough
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director of health or if a vacancy exists in the office of such director, the
appointing authority of such city, town or borough may, with the
approval of the Commissioner of Public Health, designate in writing a
suitable person to serve as acting director of health during the period of
such absence or inability or vacancy [, provided the] and such person's
start date. The commissioner may appoint such acting director if the
city, town or borough fails to do so. The person so designated, when
sworn, shall have all the powers and be subject to all the duties of such
director.
(g) In case of vacancy in the office of such director, if such vacancy
exists for [thirty] sixty days, said commissioner may appoint a director
of health for such city, town or borough. The person so designated,
when sworn, shall (1) be considered an employee of the city, town or
borough, and (2) have all the powers and be subject to all the duties of
such director.
(h) Said commissioner, may, for cause, remove an officer the
commissioner or any predecessor in said office has appointed, and the
common council of such city, town or the burgesses of such borough
may, respectively, for cause, remove a director whose nomination has
been confirmed by them, provided such removal shall be approved by
said commissioner; and, within two days thereafter, notice in writing of
such action shall be given by the clerk of such city, town or borough, as
the case may be, to said commissioner, who shall, within ten days after
receipt, file with the clerk from whom the notice was received, approval
or disapproval.
(i) Each such director of health shall hold office for the term of four
years from the date of appointment and until a successor is nominated
and confirmed in accordance with this section.
(j) Each director of health shall, annually, at the end of the fiscal year,
[of the city, town or borough, file with the Department of Public Health
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a report of the doings as such director for the year preceding] submit a
report to the Department of Public Health detailing the activities of such
director during the preceding fiscal year.
[(b)] (k) On and after July 1, 1988, each city, town and borough shall
provide for the services of a sanitarian licensed under chapter 395 to
work under the direction of the local director of health. Where practical,
the local director of health may act as the sanitarian.
[(c)] (l) As used in this chapter, "authorized agent" means a sanitarian
licensed under chapter 395 and any individual certified for a specific
program of environmental health by the Commissioner of Public Health
in accordance with the general statutes and regulations of Connecticut
state agencies.
Sec. 24. Section 19a-202a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
[(a)] Any municipality may designate itself as having a part-time
health department if: (1) The municipality has not had a full-time health
department or been in a full-time health district [prior to] as of January
1, 1998, [;] and (2) the municipality has the equivalent of at least one full-
time employee, as determined by the Commissioner of Public Health, [;
(3) the municipality annually submits a public health program plan and
budget to the commissioner; and (4) the commissioner approves the
program plan and budget] who performs public health functions
required by the general statutes and the regulations of Connecticut
states agencies.
[(b) The Commissioner of Public Health shall adopt regulations, in
accordance with the provisions of chapter 54, for the development and
approval of the program plan and budget required by subdivision (3) of
subsection (a) of this section.]
Sec. 25. Section 19a-244 of the general statutes is repealed and the
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following is substituted in lieu thereof (Effective July 1, 2021):
On and after October 1, 2010, any person nominated to be the director
of health shall (1) be a licensed physician and hold a degree in public
health from an accredited school, college, university or institution, or (2)
hold a graduate degree in public health from an accredited school,
college or institution. The educational requirements of this section shall
not apply to any director of health nominated or otherwise appointed
as director of health prior to October 1, 2010. The board may specify in
a written agreement with such director the term of office, which shall
not exceed three years, salary and duties required of and responsibilities
assigned to such director in addition to those required by the general
statutes or the [Public Health Code] regulations of Connecticut state
agencies, if any. Such director shall be removed during the term of such
written agreement only for cause after a public hearing by the board on
charges preferred, of which reasonable notice shall have been given. No
director shall, during such director's term of office, have any financial
interest in or engage in any employment, transaction or professional
activity that is in substantial conflict with the proper discharge of the
duties required of directors of health by the general statutes or the
[Public Health Code] regulations of Connecticut state agencies or
specified by the board in its written agreement with such director. The
board shall submit such written agreement to the Commissioner of
Public Health upon such director's appointment or reappointment. Such
director shall serve in a full-time capacity and act as secretary and
treasurer of the board, without the right to vote. Such director shall give
to the district a bond with a surety company authorized to transact
business in the state, for the faithful performance of such director's
duties as treasurer, in such sum and upon such conditions as the board
requires. Such director shall be the executive officer of the district
department of health. Full-time employees of a city, town or borough
health department at the time such city, town or borough votes to form
or join a district department of health shall become employees of such
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district department of health. Such employees may retain their rights
and benefits in the pension system of the town, city or borough by which
they were employed and shall continue to retain their active
participating membership therein until retired. Such employees shall
pay into such pension system the contributions required of them for
their class and membership. Any additional employees to be hired by
the district or any vacancies to be filled shall be filled in accordance with
the rules and regulations of the merit system of the state of Connecticut
and the employees who are employees of cities, towns or boroughs
which have adopted a local civil service or merit system shall be
included in their comparable grade with fully attained seniority in the
state merit system. Such employees shall perform such duties as are
prescribed by the director of health. In the event of the withdrawal of a
town, city or borough from the district department, or in the event of a
dissolution of any district department, the employees thereof, originally
employed therein, shall automatically become employees of the
appropriate town, city or borough's board of health. At the end of each
fiscal year, each director of health shall submit a report to the
Department of Public Health detailing the activities of such director
during the preceding fiscal year.
Sec. 26. Subdivision (3) of subsection (a) of section 19a-12a of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2021):
(3) "Health care professionals" includes any person licensed or who
holds a permit pursuant to chapter 370, 372, 373, 375, 375a, 376, 376a,
376b, 376c, 377, 378, 379, 379a, 380, 381, 381a, 382a, 383, 383a, 383b, 383c,
384, 384a, 384b, 384c, 384d, 385, 398 or 399;
Sec. 27. Section 19a-12d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
On or before the last day of January, April, July and October in each
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year, the Commissioner of Public Health shall certify the amount of
revenue received as a result of any fee increase in the amount of five
dollars (1) that took effect October 1, 2015, pursuant to sections 19a-88,
as amended by this act, 19a-515, 20-65k, 20-74bb, 20-74h, 20-74s, 20-149,
20-162o, 20-162bb, 20-191a, 20-195c, as amended by this act, 20-195o, 20-
195cc, 20-201, 20-206b, 20-206n, 20-206r, 20-206bb, 20-206ll, 20-222a, 20-
275, 20-395d, 20-398 and 20-412, and (2) that took effect October 1, 2021,
pursuant to section 20-185k, as amended by this act, and transfer such
amount to the professional assistance program account established in
section 19a-12c.
Sec. 28. Subsection (a) of section 19a-12e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) As used in this section:
(1) "Health care professional" means any individual licensed or who
holds a permit pursuant to chapter 368v, 370, 372, 373, 375 to 378,
inclusive, 379 to 381b, inclusive, 382a, 383 to 385, inclusive, 388 or 397a
to 399, inclusive;
(2) "Assistance program" means the program established pursuant to
section 19a-12a, as amended by this act, to provide education,
prevention, intervention, referral assistance, rehabilitation or support
services to health care professionals who have a chemical dependency,
emotional or behavioral disorder or physical or mental illness; and
(3) "Hospital" has the same meaning as provided in section 19a-490.
Sec. 29. Subsection (b) of section 20-185k of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) A license issued under this section may be renewed annually. The
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license shall be renewed in accordance with the provisions of section
19a-88, as amended by this act, for a fee of one hundred [seventy-five]
eighty dollars for applications for renewal of licenses that expire on or
after October 1, 2021. Each behavior analyst applying for license renewal
shall furnish evidence satisfactory to the commissioner of having
current certification with the Behavior Analyst Certification Board.
Sec. 30. Subsection (a) of section 17a-412 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) Any physician or surgeon licensed under the provisions of chapter
370, any resident physician or intern in any hospital in this state,
whether or not so licensed, [and] any registered nurse, licensed practical
nurse, medical examiner, dentist, optometrist, chiropractor, podiatrist,
social worker, clergyman, police officer, pharmacist, physical therapist,
long-term care facility administrator, nurse's aide or orderly in a long-
term care facility, any person paid for caring for a patient in a long-term
care facility, any staff person employed by a long-term care facility,
[and] any person who is a sexual assault counselor or a domestic
violence counselor as defined in section 52-146k, and any behavior
analyst licensed under the provisions of chapter 382a, who has
reasonable cause to suspect or believe that a resident in a long-term care
facility has been abused, neglected, exploited or abandoned, or is in a
condition that is the result of such abuse, neglect, exploitation or
abandonment, shall, not later than seventy-two hours after such
suspicion or belief arose, report such information or cause a report to be
made in any reasonable manner to the Commissioner of Social Services
pursuant to chapter 319dd. Any person required to report under the
provision of this section who fails to make such report within the
prescribed time period shall be fined not more than five hundred
dollars, except that, if such person intentionally fails to make such report
within the prescribed time period, such person shall be guilty of a class
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C misdemeanor for the first offense and a class A misdemeanor for any
subsequent offense.
Sec. 31. Subsection (a) of section 17b-451 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) A mandatory reporter [, as defined in this section,] who has
reasonable cause to suspect or believe that any elderly person has been
abused, neglected, exploited or abandoned, or is in a condition that is
the result of such abuse, neglect, exploitation or abandonment, or is in
need of protective services, shall, not later than seventy-two hours after
such suspicion or belief arose, report such information or cause a report
to be made in any reasonable manner to the Commissioner of Social
Services or to the person or persons designated by the commissioner to
receive such reports. [The term] As used in this section, "mandatory
reporter" means (1) any physician or surgeon licensed under the
provisions of chapter 370, (2) any resident physician or intern in any
hospital in this state, whether or not so licensed, (3) any registered nurse,
(4) any nursing home administrator, nurse's aide or orderly in a nursing
home facility or residential care home, (5) any person paid for caring for
a resident in a nursing home facility or residential care home, (6) any
staff person employed by a nursing home facility or residential care
home, (7) any residents' advocate, other than a representative of the
Office of the Long-Term Care Ombudsman, as established under section
17a-405, including the State Ombudsman, (8) any licensed practical
nurse, medical examiner, dentist, optometrist, chiropractor, podiatrist,
behavior analyst, social worker, clergyman, police officer, pharmacist,
psychologist or physical therapist, (9) any person paid for caring for an
elderly person by any institution, organization, agency or facility,
including without limitation, any employee of a community-based
services provider, senior center, home care agency, homemaker and
companion agency, adult day care center, village-model community
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and congregate housing facility, and (10) any person licensed or
certified as an emergency medical services provider pursuant to chapter
368d or chapter 384d, including any such emergency medical services
provider who is a member of a municipal fire department. Any
mandatory reporter who fails to make such report within the prescribed
time period shall be fined not more than five hundred dollars, except
that, if such person intentionally fails to make such report within the
prescribed time period, such person shall be guilty of a class C
misdemeanor for the first offense and a class A misdemeanor for any
subsequent offense. Any institution, organization, agency or facility
employing individuals to care for persons sixty years of age or older
shall provide mandatory training on detecting potential abuse, neglect,
exploitation and abandonment of such persons and inform such
employees of their obligations under this section. For purposes of this
subsection, "person paid for caring for an elderly person by any
institution, organization, agency or facility" includes an employee of a
community-based services provider, senior center, home health care
agency, homemaker and companion agency, adult day care center,
village-model community and congregate housing facility.
Sec. 32. Subsection (g) of section 17b-451 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(g) The Commissioner of Social Services shall develop an educational
training program to promote and encourage the accurate and prompt
identification and reporting of abuse, neglect, exploitation and
abandonment of elderly persons. Such training program shall be made
available on the Internet web site of the Department of Social Services
to [mandated] mandatory reporters and other interested persons. The
commissioner shall also make such training available in person or
otherwise at various times and locations throughout the state as
determined by the commissioner.
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Sec. 33. Section 19a-6o of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) There is established, within available appropriations, within the
Department of Public Health, a Palliative Care Advisory Council. The
advisory council shall: (1) Analyze the current state of palliative care in
the state; and (2) advise the department on matters relating to the
improvement of palliative care and the quality of life for persons with
serious or chronic illnesses.
(b) The advisory council shall consist of the following members:
(1) Two appointed by the Governor, one of whom shall be a physician
certified by the American Board of Hospice and Palliative Medicine and
one of whom shall be a registered nurse or advanced practice registered
nurse certified by the National Board for Certification of Hospice and
Palliative Nurses;
(2) Seven appointed by the Commissioner of Public Health, each of
whom shall be a licensed health care provider, with each appointee
having experience or expertise in the provision of one of the following:
(A) Inpatient palliative care in a hospital; (B) inpatient palliative care in
a nursing home facility; (C) palliative care in the patient's home or a
community setting; (D) pediatric palliative care; (E) palliative care for
young adults; (F) palliative care for adults or elderly persons; and (G)
inpatient palliative care in a psychiatric facility;
(3) One appointed by the speaker of the House of Representatives,
who shall be a licensed social worker experienced in working with
persons with serious or chronic illness and their family members;
(4) One appointed by the president pro tempore of the Senate, who
shall be a licensed pharmacist experienced in working with persons
with serious or chronic illness;
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(5) One appointed by the minority leader of the House of
Representatives, who shall be a spiritual counselor experienced in
working with persons with serious or chronic illness and their family
members; and
(6) One appointed by the minority leader of the Senate, who shall be
a representative of the American Cancer Society or a person experienced
in advocating for persons with serious or chronic illness and their family
members.
(c) All appointments to the advisory council shall be made not later
than December 31, 2013. Advisory council members shall serve three-
year terms. Any vacancy shall be filled by the appointing authority.
(d) Any appointment that is vacant for one year or more shall be
made by the Commissioner of Public Health. The commissioner shall
notify the appointing authority of the identity of the commissioner's
choice for appointment not later than thirty days before making such
appointment.
[(d)] (e) Members shall receive no compensation except for
reimbursement for necessary expenses incurred in performing their
duties.
[(e)] (f) The members shall elect the chairperson of the advisory
council from among the members of the advisory council. A majority of
the advisory council members shall constitute a quorum. Any action
taken by the advisory council shall require a majority vote of those
present. The first meeting of the advisory council shall be held not later
than December 31, 2013. The advisory council shall meet biannually and
at other times upon the call of the chairperson, upon the request of the
Commissioner of Public Health or upon the request of a majority of the
advisory council members.
[(f)] (g) Not later than January 1, [2015] 2022, and [annually]
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biennially thereafter, the advisory council shall submit a report on its
findings and recommendations to the Commissioner of Public Health
and the joint standing committee of the General Assembly having
cognizance of matters relating to public health, in accordance with the
provisions of section 11-4a.
Sec. 34. Section 19a-6q of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
[(a)] The Commissioner of Public Health, in consultation with the
executive director of the Office of Health Strategy, established under
section 19a-754a, and local and regional health departments, shall,
within available resources, develop a plan that is consistent with the
Department of Public Health's Healthy Connecticut 2020 health
improvement plan and the state healthcare innovation plan developed
pursuant to the State Innovation Model Initiative by the Centers for
Medicare and Medicaid Services Innovation Center. The commissioner
shall develop and implement such plan to: (1) Reduce the incidence of
tobacco use, high blood pressure, health care associated infections,
asthma, unintended pregnancy and diabetes; (2) improve chronic
disease care coordination in the state; and (3) reduce the incidence and
effects of chronic disease and improve outcomes for conditions
associated with chronic disease in the state. The commissioner shall post
such plan on the Department of Public Health's Internet web site.
[(b) The commissioner shall, on or before January 15, 2015, and
biennially thereafter, submit a report, in consultation with the executive
director of the Office of Health Strategy, in accordance with the
provisions of section 11-4a to the joint standing committee of the
General Assembly having cognizance of matters relating to public
health concerning chronic disease and implementation of the plan
described in subsection (a) of this section. The commissioner shall post
each report on the Department of Public Health's Internet web site not
later than thirty days after submitting such report. Each report shall
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include, but need not be limited to: (1) A description of the chronic
diseases that are most likely to cause a person's death or disability, the
approximate number of persons affected by such chronic diseases and
an assessment of the financial effects of each such disease on the state
and on hospitals and health care facilities; (2) a description and
assessment of programs and actions that have been implemented by the
department and health care providers to improve chronic disease care
coordination and prevent chronic disease; (3) the sources and amounts
of funding received by the department to treat persons with multiple
chronic diseases and to treat or reduce the most prevalent chronic
diseases in the state; (4) a description of chronic disease care
coordination between the department and health care providers, to
prevent and treat chronic disease; and (5) recommendations concerning
actions that health care providers and persons with chronic disease may
take to reduce the incidence and effects of chronic disease.]
Sec. 35. Subsection (b) of section 19a-493 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) (1) A nursing home license may be renewed biennially after (A)
an unscheduled inspection conducted by the department, (B)
submission of the information required by section 19a-491a, and (C)
submission of evidence satisfactory to the department that the nursing
home is in compliance with the provisions of this chapter, the [Public
Health Code] regulations of Connecticut state agencies and licensing
regulations.
(2) Any change in the ownership of a facility or institution, as defined
in section 19a-490, owned by an individual, partnership or association
or the change in ownership or beneficial ownership of ten per cent or
more of the stock of a corporation which owns, conducts, operates or
maintains such facility or institution, shall be subject to prior approval
of the department after a scheduled inspection of such facility or
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institution is conducted by the department, provided such approval
shall be conditioned upon a showing by such facility or institution to the
commissioner that it has complied with all requirements of this chapter,
the regulations relating to licensure and all applicable requirements of
the [Public Health Code] regulations of Connecticut state agencies. Any
such change in ownership or beneficial ownership resulting in a transfer
to a person related by blood or marriage to such an owner or beneficial
owner shall not be subject to prior approval of the department unless:
(A) Ownership or beneficial ownership of ten per cent or more of the
stock of a corporation, limited liability company, partnership or
association which owns, conducts, operates or maintains more than one
facility or institution is transferred; (B) ownership or beneficial
ownership is transferred in more than one facility or institution; or (C)
the facility or institution is the subject of a pending complaint,
investigation or licensure action. If the facility or institution is not in
compliance, the commissioner may require the new owner to sign a
consent order providing reasonable assurances that the violations shall
be corrected within a specified period of time. Notice of any such
proposed change of ownership shall be given to the department at least
one hundred twenty days prior to the effective date of such proposed
change. For the purposes of this subdivision, "a person related by blood
or marriage" means a parent, spouse, child, brother, sister, aunt, uncle,
niece or nephew. For the purposes of this subdivision, a change in the
legal form of the ownership entity, including, but not limited to, changes
from a corporation to a limited liability company, a partnership to a
limited liability partnership, a sole proprietorship to a corporation and
similar changes, shall not be considered a change of ownership if the
beneficial ownership remains unchanged and the owner provides such
information regarding the change to the department as may be required
by the department in order to properly identify the current status of
ownership and beneficial ownership of the facility or institution. For the
purposes of this subdivision, a public offering of the stock of any
corporation that owns, conducts, operates or maintains any such facility
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or institution shall not be considered a change in ownership or beneficial
ownership of such facility or institution if the licensee and the officers
and directors of such corporation remain unchanged, such public
offering cannot result in an individual or entity owning ten per cent or
more of the stock of such corporation, and the owner provides such
information to the department as may be required by the department in
order to properly identify the current status of ownership and beneficial
ownership of the facility or institution.
Sec. 36. (NEW) (Effective July 1, 2021) A health care facility licensed
pursuant to chapter 368v of the general statutes shall have policies and
procedures in place that reflect the National Centers for Disease Control
and Prevention's recommendations for tuberculosis screening, testing,
treatment and education for health care personnel. Notwithstanding
any provision of the general statutes or any regulations adopted
thereunder, any employee providing direct patient care in a facility
licensed pursuant to chapter 368v of the general statutes shall receive
tuberculosis screening and testing in compliance with the licensed
health care facility's policies and procedures.
Sec. 37. Subsection (c) of section 19a-343 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(c) Three or more arrests, the issuance of three or more arrest
warrants indicating a pattern of criminal activity and not isolated
incidents or the issuance of three or more citations for a violation of a
municipal ordinance as described in subdivision (14) of this subsection,
for the following offenses shall constitute the basis for bringing an action
to abate a public nuisance:
(1) Prostitution under section 53a-82, 53a-83, 53a-86, 53a-87, 53a-88 or
53a-89.
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(2) Promoting an obscene performance or obscene material under
section 53a-196 or 53a-196b, employing a minor in an obscene
performance under section 53a-196a, importing child pornography
under section 53a-196c, possessing child pornography in the first degree
under section 53a-196d, possessing child pornography in the second
degree under section 53a-196e or possessing child pornography in the
third degree under section 53a-196f.
(3) Transmission of gambling information under section 53-278b or
53-278d or maintaining of a gambling premises under section 53-278e.
(4) Offenses for the sale of controlled substances, possession of
controlled substances with intent to sell, or maintaining a drug factory
under section 21a-277, 21a-278 or 21a-278a or use of the property by
persons possessing controlled substances under section 21a-279.
Nothing in this section shall prevent the state from also proceeding
against property under section 21a-259 or 54-36h.
(5) Unauthorized sale of alcoholic liquor under section 30-74 or
disposing of liquor without a permit under section 30-77, or sale or
delivery of alcoholic liquor to any minor under subdivision (1) of
subsection (b) of section 30-86 or the sale, delivery or giving of alcoholic
liquor to a minor under subdivision (2) of subsection (b) of section 30-
86.
(6) Maintaining a motor vehicle chop shop under section 14-149a.
(7) Inciting injury to persons or property under section 53a-179a.
(8) Murder or manslaughter under section 53a-54a, 53a-54b, 53a-55,
53a-56 or 53a-56a.
(9) Assault under section 53a-59, 53a-59a, subdivision (1) of
subsection (a) of section 53a-60 or section 53a-60a or 53a-61.
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(10) Sexual assault under section 53a-70 or 53a-70a.
(11) Fire safety violations under section 29-291a, 29-291c, 29-292,
subsection (b) of section 29-310, or section 29-315, 29-349 or 29-357.
(12) Firearm offenses under section 29-35, 53-202aa, 53-203, 53a-211,
53a-212, 53a-216, 53a-217 or 53a-217c.
(13) Illegal manufacture, sale, possession or dispensing of a drug
under subdivision (2) of section 21a-108.
(14) Violation of a municipal ordinance resulting in the issuance of a
citation for (A) excessive noise on nonresidential real property that
significantly impacts the surrounding area, provided the municipality's
excessive noise ordinance is based on an objective standard, (B) owning
or leasing a dwelling unit that provides residence to an excessive
number of unrelated persons resulting in dangerous or unsanitary
conditions that significantly impact the safety of the surrounding area,
or (C) impermissible operation of (i) a business that permits persons
who are not licensed pursuant to section 20-206b to engage in the
practice of massage therapy, or (ii) a massage parlor, as defined by the
applicable municipal ordinance, that significantly impacts the safety of
the surrounding area.
Sec. 38. Section 19a-131g of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
The Commissioner of Public Health shall establish a Public Health
Preparedness Advisory Committee for purposes of advising the
Department of Public Health on matters concerning emergency
responses to a public health emergency. The advisory committee shall
consist of the Commissioner of Public Health, or his or her designee, the
Commissioner of Emergency Services and Public Protection, or his or
her designee, the president pro tempore of the Senate, or his or her
designee, the speaker of the House of Representatives, or his or her
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designee, the majority and minority leaders of both houses of the
General Assembly, [and] or their designees, the chairpersons and
ranking members of the joint standing committees of the General
Assembly having cognizance of matters relating to public health, public
safety and the judiciary, [and] or their designees, representatives of
town, city, borough and district directors of health, as appointed by the
commissioner, and any other organization or persons that the
commissioner deems relevant to the issues of public health
preparedness. Upon the request of the commissioner, the Public Health
Preparedness Advisory Committee may meet to review the plan for
emergency responses to a public health emergency and other matters as
deemed necessary by the commissioner.
Sec. 39. Subsection (d) of section 19a-30 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(d) A nonrefundable fee of two hundred dollars shall accompany
each application for a license or for renewal thereof, except in the case
of a clinical laboratory owned and operated by a municipality, the state,
the United States or any agency of said municipality, state or United
States. Each license shall be issued for a period of not less than twenty-
four nor more than twenty-seven months from the deadline for
applications established by the commissioner. Renewal applications
shall be made (1) biennially within the twenty-fourth month of the
current license; (2) before any change in ownership or change in director
is made; and (3) prior to any major expansion or alteration in quarters.
The licensed clinical laboratory shall report to the Department of Public
Health, in a form and manner prescribed by the commissioner, the name
and address of each blood collection facility owned and operated by the
clinical laboratory, prior to the issuance of a new license, prior to the
issuance of a renewal license or whenever a blood collection facility
opens or closes.
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Sec. 40. Subsection (b) of section 20-365 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) Nothing in section 19a-200, as amended by this act, subsection (a)
of section 19a-206, or sections 19a-207, 19a-242, 20-358 or 20-360 to 20-
365, inclusive, shall prevent any of the following persons from engaging
in the performance of their duties: (1) Any person certified by the
Department of Public Health as a food or sewage inspector in
accordance with regulations adopted pursuant to section 19a-36, (2) any
person employed by a local health department performing the duties of
a lead inspector who complies with training standards established
pursuant to section 20-479, (3) a director of health acting pursuant to
[subsection (a) of] section 19a-200, as amended by this act, or section
19a-244, as amended by this act, (4) any employee of a water utility or
federal or state agency performing his duties in accordance with
applicable statutes and regulations, (5) any person employed by a local
health department working under the direct supervision of a licensed
sanitarian, (6) any person licensed or certified by the Department of
Public Health in a specific program performing certain duties that are
included within the duties of a sanitarian, or (7) a student enrolled in an
accredited academic program leading to a degree in environmental
health or completing a special training course in environmental health
approved by the commissioner, provided such student is clearly
identified by a title which indicates [his] such student's status as a
student.
Sec. 41. Subsection (b) of section 20-195u of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) Continuing education required pursuant to this section shall be
related to the practice of social work and shall include not less than one
contact hour of training or education each registration period on the
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topic of cultural competency and, on and after January 1, 2016, not less
than two contact hours of training or education during the first renewal
period in which continuing education is required and not less than once
every six years thereafter on the topic of mental health conditions
common to veterans and family members of veterans, including (1)
determining whether a patient is a veteran or family member of a
veteran, (2) screening for conditions such as post-traumatic stress
disorder, risk of suicide, depression and grief, and (3) suicide prevention
training. Such continuing education shall consist of courses, workshops
and conferences offered or approved by the Association of Social Work
Boards, the National Association of Social Workers or a school or
department of social work accredited by the Council on Social Work
Education. A licensee's ability to engage in on-line and home study
continuing education shall be limited to not more than [six] ten hours
per registration period. Within the registration period, an initial
presentation by a licensee of an original paper, essay or formal lecture
in social work to a recognized group of fellow professionals may
account for five hours of continuing education hours of the aggregate
continuing education requirements prescribed in this section.
Sec. 42. Subsection (a) of section 20-265h of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) On and after July 1, 2021, each spa or salon that employs
hairdressers and cosmeticians, estheticians, eyelash technicians, [or] nail
technicians or massage therapists shall be under the management of a
hairdresser and cosmetician registered under this chapter, an esthetician
licensed under section 20-265b or 20-265f, an eyelash technician licensed
under section 20-265c, as amended by this act, or 20-265f, [or] a nail
technician licensed under section 20-265d, as amended by this act, or 20-
265f or a massage therapist licensed under chapter 384a.
Sec. 43. Subsection (a) of section 19a-131j of the general statutes is
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repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The commissioner may issue an order to temporarily suspend, for
a period not to exceed sixty consecutive days, the requirements for
licensure, certification or registration, pursuant to chapters 368d, 370,
376 to 376c, inclusive, 378, 378a, 379, 379a, 381a, 382a, 383 to 383c,
inclusive, 383d, 383f, 383g, 384b, 384d, 385, 395, 399, 400a, 400j and 474,
to allow persons who are appropriately licensed, certified or registered
in another state or territory of the United States or the District of
Columbia, to render temporary assistance within the scope of the
profession for which a person is licensed, certified or registered, in
managing a public health emergency in this state, declared by the
Governor pursuant to section 19a-131a. Nothing in this section shall be
construed to permit a person to provide services beyond the scope
allowed in the chapter specified in this section that pertains to such
person's profession.
Sec. 44. Subsection (a) of section 19a-512 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) In order to be eligible for licensure by examination pursuant to
sections 19a-511 to 19a-520, inclusive, a person shall submit an
application, together with a fee of two hundred dollars, and proof
satisfactory to the Department of Public Health that [he] such person (1)
is physically and emotionally capable of administering a nursing home;
(2) has satisfactorily completed a program of instruction and training,
including residency training which meets the requirements of
subsection (b) of this section and which is approved by the
Commissioner of Public Health; and (3) has passed an examination
prescribed [and administered] by the Department of Public Health
designed to test the applicant's knowledge and competence in the
subject matter referred to in subsection (b) of this section. Passing scores
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shall be established by the department.
Sec. 45. Section 19a-490 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) "Institution" means a hospital, short-term hospital special hospice,
hospice inpatient facility, residential care home, nursing home facility,
home health care agency, hospice agency, home health aide agency,
behavioral health facility, assisted living services agency, [substance
abuse treatment facility,] outpatient surgical facility, outpatient clinic,
an infirmary operated by an educational institution for the care of
students enrolled in, and faculty and employees of, such institution; a
facility engaged in providing services for the prevention, diagnosis,
treatment or care of human health conditions, including facilities
operated and maintained by any state agency; and a residential facility
for persons with intellectual disability licensed pursuant to section 17a-
227 and certified to participate in the Title XIX Medicaid program as an
intermediate care facility for individuals with intellectual disability.
"Institution" does not include any facility for the care and treatment of
persons with mental illness or substance use disorder operated or
maintained by any state agency, except Whiting Forensic Hospital;
(b) "Hospital" means an establishment for the lodging, care and
treatment of persons suffering from disease or other abnormal physical
or mental conditions and includes inpatient psychiatric services in
general hospitals;
(c) "Residential care home" or "rest home" means a community
residence that furnishes, in single or multiple facilities, food and shelter
to two or more persons unrelated to the proprietor and, in addition,
provides services that meet a need beyond the basic provisions of food,
shelter and laundry and may qualify as a setting that allows residents to
receive home and community-based services funded by state and
federal programs;
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(d) "Home health care agency" means a public or private
organization, or a subdivision thereof, engaged in providing
professional nursing services and the following services, available
twenty-four hours per day, in the patient's home or a substantially
equivalent environment: Home health aide services as defined in this
section, physical therapy, speech therapy, occupational therapy or
medical social services. The agency shall provide professional nursing
services and at least one additional service directly and all others
directly or through contract. An agency shall be available to enroll new
patients seven days a week, twenty-four hours per day;
(e) "Home health aide agency" means a public or private
organization, except a home health care agency, which provides in the
patient's home or a substantially equivalent environment supportive
services which may include, but are not limited to, assistance with
personal hygiene, dressing, feeding and incidental household tasks
essential to achieving adequate household and family management.
Such supportive services shall be provided under the supervision of a
registered nurse and, if such nurse determines appropriate, shall be
provided by a social worker, physical therapist, speech therapist or
occupational therapist. Such supervision may be provided directly or
through contract;
(f) "Home health aide services" as defined in this section shall not
include services provided to assist individuals with activities of daily
living when such individuals have a disease or condition that is chronic
and stable as determined by a physician licensed in the state;
(g) "Behavioral health facility" means any facility that provides
mental health services to persons eighteen years of age or older or
substance use disorder services to persons of any age in an outpatient
treatment or residential setting to ameliorate mental, emotional,
behavioral or substance use disorder issues;
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(h) "Alcohol or drug treatment facility" means any facility for the care
or treatment of persons suffering from alcoholism or other drug
addiction;
(i) "Person" means any individual, firm, partnership, corporation,
limited liability company or association;
(j) "Commissioner" means the Commissioner of Public Health or the
commissioner's designee;
(k) "Home health agency" means an agency licensed as a home health
care agency or a home health aide agency;
(l) "Assisted living services agency" means an agency that provides,
among other things, nursing services and assistance with activities of
daily living to a population that is chronic and stable and that may have
a dementia special care unit or program as defined in section 19a-562, as
amended by this act;
(m) "Outpatient clinic" means an organization operated by a
municipality or a corporation, other than a hospital, that provides (1)
ambulatory medical care, including preventive and health promotion
services, (2) dental care, or (3) mental health services in conjunction with
medical or dental care for the purpose of diagnosing or treating a health
condition that does not require the patient's overnight care;
(n) "Multicare institution" means a hospital that provides outpatient
behavioral health services or other health care services, psychiatric
outpatient clinic for adults, free-standing facility for the care or
treatment of substance abusive or dependent persons, hospital for
psychiatric disabilities, as defined in section 17a-495, or a general acute
care hospital that provides outpatient behavioral health services that (1)
is licensed in accordance with this chapter, (2) has more than one facility
or one or more satellite units owned and operated by a single licensee,
and (3) offers complex patient health care services at each facility or
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satellite unit. For purposes of this subsection, "satellite unit" means a
location where a segregated unit of services is provided by the multicare
institution;
(o) "Nursing home" or "nursing home facility" means (1) any chronic
and convalescent nursing home or any rest home with nursing
supervision that provides nursing supervision under a medical director
twenty-four hours per day, or (2) any chronic and convalescent nursing
home that provides skilled nursing care under medical supervision and
direction to carry out nonsurgical treatment and dietary procedures for
chronic diseases, convalescent stages, acute diseases or injuries; [and]
(p) "Outpatient dialysis unit" means (1) an out-of-hospital out-patient
dialysis unit that is licensed by the department to provide (A) services
on an out-patient basis to persons requiring dialysis on a short-term
basis or for a chronic condition, or (B) training for home dialysis, or (2)
an in-hospital dialysis unit that is a special unit of a licensed hospital
designed, equipped and staffed to (A) offer dialysis therapy on an out-
patient basis, (B) provide training for home dialysis, and (C) perform
renal transplantations; [.] and
(q) "Hospice agency" means a public or private organization that
provides home care and hospice services to terminally ill patients.
Sec. 46. Subsections (b) to (i), inclusive, of section 19a-491 of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2021):
(b) If any person acting individually or jointly with any other person
owns real property or any improvements thereon, upon or within which
an institution, as defined in subsections (c) and (o) of section 19a-490, is
established, conducted, operated or maintained and is not the licensee
of the institution, such person shall submit a copy of the lease agreement
to the department at the time of any change of ownership and with each
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license renewal application. The lease agreement shall, at a minimum,
identify the person or entity responsible for the maintenance and repair
of all buildings and structures within which such an institution is
established, conducted or operated. If a violation is found as a result of
an inspection or investigation, the commissioner may require the owner
to sign a consent order providing assurances that repairs or
improvements necessary for compliance with the provisions of the
[Public Health Code] regulations of Connecticut state agencies shall be
completed within a specified period of time or may assess a civil penalty
of not more than one thousand dollars for each day that such owner is
in violation of the [Public Health Code] regulations of Connecticut state
agencies or a consent order. A consent order may include a provision
for the establishment of a temporary manager of such real property who
has the authority to complete any repairs or improvements required by
such order. Upon request of the Commissioner of Public Health, the
Attorney General may petition the Superior Court for such equitable
and injunctive relief as such court deems appropriate to ensure
compliance with the provisions of a consent order. The provisions of
this subsection shall not apply to any property or improvements owned
by a person licensed in accordance with the provisions of subsection (a)
of this section to establish, conduct, operate or maintain an institution
on or within such property or improvements.
(c) Notwithstanding any regulation, the Commissioner of Public
Health shall charge the following fees for the biennial licensing and
inspection of the following institutions: (1) Chronic and convalescent
nursing homes, per site, four hundred forty dollars; (2) chronic and
convalescent nursing homes, per bed, five dollars; (3) rest homes with
nursing supervision, per site, four hundred forty dollars; (4) rest homes
with nursing supervision, per bed, five dollars; (5) outpatient dialysis
units and outpatient surgical facilities, six hundred twenty-five dollars;
(6) mental health residential facilities, per site, three hundred seventy-
five dollars; (7) mental health residential facilities, per bed, five dollars;
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(8) hospitals, per site, nine hundred forty dollars; (9) hospitals, per bed,
seven dollars and fifty cents; (10) nonstate agency educational
institutions, per infirmary, one hundred fifty dollars; (11) nonstate
agency educational institutions, per infirmary bed, twenty-five dollars;
(12) home health care agencies, except certified home health care
agencies described in subsection (d) of this section, per agency, three
hundred dollars; (13) home health care agencies, hospice agencies, or
home health aide agencies, except certified home health care agencies,
hospice agencies or home health aide agencies described in subsection
(d) of this section, per satellite patient service office, one hundred
dollars; (14) assisted living services agencies, except such agencies
participating in the congregate housing facility pilot program described
in section 8-119n, per site, five hundred dollars; (15) short-term hospitals
special hospice, per site, nine hundred forty dollars; (16) short-term
hospitals special hospice, per bed, seven dollars and fifty cents; (17)
hospice inpatient facility, per site, four hundred forty dollars; and (18)
hospice inpatient facility, per bed, five dollars.
(d) Notwithstanding any regulation, the commissioner shall charge
the following fees for the triennial licensing and inspection of the
following institutions: (1) Residential care homes, per site, five hundred
sixty-five dollars; (2) residential care homes, per bed, four dollars and
fifty cents; (3) home health care agencies that are certified as a provider
of services by the United States Department of Health and Human
Services under the Medicare or Medicaid program, three hundred
dollars; and (4) certified home health care agencies or hospice agencies,
as described in section 19a-493, as amended by this act, per satellite
patient service office, one hundred dollars.
(e) The commissioner shall charge one thousand dollars for the
licensing and inspection of outpatient clinics that provide either medical
or mental health service, urgent care services and well-child clinical
services, except those operated by a municipal health department,
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health district or licensed nonprofit nursing or community health
agency. Such licensing and inspection shall be performed every three
years, except those outpatient clinics that have obtained accreditation
from a national accrediting organization within the immediately
preceding twelve-month period may be inspected by the commissioner
once every four years, provided the outpatient clinic has not committed
any violation that the commissioner determines would pose an
immediate threat to the health, safety or welfare of the patients of the
outpatient clinic. The provisions of this subsection shall not be
construed to limit the commissioner's authority to inspect any applicant
for licensure or renewal of licensure as an outpatient clinic, suspend or
revoke any license granted to an outpatient clinic pursuant to this
section or take any other legal action against an outpatient clinic that is
authorized by any provision of the general statutes.
(f) Any institution that is planning a project for construction or
building alteration shall provide the plan for such project to the
Department of Public Health for review. Any such project shall comply
with nationally established facility guidelines for health care
construction, as approved by the commissioner, that are in place at the
time the institution provides the plan to the department. The
commissioner shall post a reference to such guidelines, including the
effective date of such guidelines, on the Department of Public Health's
Internet web site. No institution shall be required to include matters
outside the scope and applicability of such guidelines in the institution's
plan.
(g) The commissioner shall charge a fee of five hundred sixty-five
dollars for the technical assistance provided for the design, review and
development of an institution's construction, renovation, building
alteration, sale or change in ownership when the cost of the project is
one million dollars or less and shall charge a fee of one-quarter of one
per cent of the total construction cost when the cost of the project is more
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than one million dollars. Such fee shall include all department reviews
and on-site inspections. For purposes of this subsection, "institution"
does not include a facility owned by the state.
(h) The commissioner may require as a condition of the licensure of a
home health care [agencies] agency, hospice agency and home health
aide [agencies] agency that each agency meet minimum service quality
standards. In the event the commissioner requires such agencies to meet
minimum service quality standards as a condition of their licensure, the
commissioner shall adopt regulations, in accordance with the
provisions of chapter 54, to define such minimum service quality
standards, which shall (1) allow for training of home health aides by
adult continuing education, (2) require a registered nurse to visit and
assess each patient receiving home health aide services as often as
necessary based on the patient's condition, but not less than once every
sixty days, and (3) require the assessment prescribed by subdivision (2)
of this subsection to be completed while the home health aide is
providing services in the patient's home.
(i) No person acting individually or jointly with any other person
shall establish, conduct, operate or maintain a home health care agency,
hospice agency or home health aide agency without maintaining
professional liability insurance or other indemnity against liability for
professional malpractice. The amount of insurance which such person
shall maintain as insurance or indemnity against claims for injury or
death for professional malpractice shall be not less than one million
dollars for one person, per occurrence, with an aggregate of not less than
three million dollars.
Sec. 47. Subdivision (4) of subsection (a) of section 19a-491c of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2021):
(4) "Long-term care facility" means any facility, agency or provider
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that is a nursing home, as defined in section 19a-521, a residential care
home, as defined in section 19a-521, a home health care agency, hospice
agency or home health aide agency, as defined in section 19a-490, as
amended by this act, an assisted living services agency, as defined in
section 19a-490, as amended by this act, an intermediate care facility for
individuals with intellectual disabilities, as defined in 42 USC 1396d(d),
except any such facility operated by a Department of Developmental
Services' program subject to background checks pursuant to section 17a-
227a, a chronic disease hospital, as defined in section 19a-550, or an
agency providing hospice care which is licensed to provide such care by
the Department of Public Health or certified to provide such care
pursuant to 42 USC 1395x.
Sec. 48. Section 19a-492b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) A home health care agency or hospice agency that receives
payment for rendering care to persons receiving medical assistance
from the state, assistance from the Connecticut home-care program for
the elderly pursuant to section 17b-342, or funds obtained through Title
XVIII of the Social Security Amendments of 1965 shall be prohibited
from discriminating against such persons who apply for enrollment to
such home health care agency on the basis of source of payment.
(b) Any home health care agency or hospice agency which violates
the provisions of this section shall be subject to suspension or revocation
of license.
Sec. 49. Subsection (b) of section 19a-492c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) A home health care agency or hospice agency licensed pursuant
to this chapter that provides hospice services in a rural town and is
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unable to access licensed or Medicare-certified hospice care to
consistently provide adequate services to patients in the rural town may
apply to the Commissioner of Public Health for a waiver from the
regulations licensing such agency adopted pursuant to this chapter. The
waiver may authorize one or more of the following: (1) The agency's
supervisor of clinical services may also serve as the supervisor of clinical
services assigned to the hospice program; (2) the hospice volunteer
coordinator and the hospice program director may be permanent part-
time employees; and (3) the program director may perform other
services at the agency, including, but not limited to, hospice volunteer
coordinator. The commissioner shall not grant a waiver unless the
commissioner determines that such waiver will not adversely impact
the health, safety and welfare of hospice patients and their families. The
waiver shall be in effect for two years. An agency may reapply for such
a waiver.
Sec. 50. Section 19a-492d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
On and after October 1, 2007, a nurse who is employed by an agency
licensed by the Department of Public Health as a home health care
agency, hospice agency or [a] home health aide agency may administer
influenza and pneumococcal vaccines to persons in their homes, after
an assessment for contraindications, without a physician's order in
accordance with a physician-approved agency policy that includes an
anaphylaxis protocol. In the event of an adverse reaction to the vaccine,
such nurse may also administer epinephrine or other anaphylaxis
medication without a physician's order in accordance with the
physician-approved agency policy. For purposes of this section, "nurse"
means an advanced practice registered nurse, registered nurse or
practical nurse licensed under chapter 378.
Sec. 51. Section 19a-492e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
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(a) For purposes of this section "home health care agency" [has] and
"hospice agency" have the same [meaning] meanings as provided in
section 19a-490, as amended by this act. Notwithstanding the provisions
of chapter 378, a registered nurse may delegate the administration of
medications that are not administered by injection to home health aides
and hospice aides who have obtained certification and recertification
every three years thereafter for medication administration in accordance
with regulations adopted pursuant to subsection (b) of this section,
unless the prescribing practitioner specifies that a medication shall only
be administered by a licensed nurse. Any home health aide or hospice
aide who obtained certification in the administration of medications on
or before June 30, 2015, shall obtain recertification on or before July 1,
2018.
(b) (1) The Commissioner of Public Health shall adopt regulations, in
accordance with the provisions of chapter 54, to carry out the provisions
of this section. Such regulations shall require each home health care
agency or hospice agency that serves clients requiring assistance with
medication administration to (A) adopt practices that increase and
encourage client choice, dignity and independence; (B) establish policies
and procedures to ensure that a registered nurse may delegate allowed
tasks of nursing care, to include medication administration, to home
health aides or hospice aides when the registered nurse determines that
it is in the best interest of the client and the home health aide or hospice
aide has been deemed competent to perform the task; (C) designate
home health aides and hospice aides to obtain certification and
recertification for the administration of medication; and (D) ensure that
such home health aides receive such certification and recertification.
(2) The regulations shall establish certification and recertification
requirements for medication administration and the criteria to be used
by home health care agencies and hospice agencies that provide services
for clients requiring assistance with medication administration in
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determining (A) which home health aides and hospice aides shall obtain
such certification and recertification, and (B) education and skill training
requirements, including ongoing training requirements for such
certification and recertification.
(3) Education and skill training requirements for initial certification
and recertification shall include, but not be limited to, initial orientation,
training in client rights and identification of the types of medication that
may be administered by unlicensed personnel, behavioral management,
personal care, nutrition and food safety, and health and safety in
general.
(c) Each home health care agency and, on or before January 1, 2022,
each hospice agency shall ensure that, on or before January 1, 2013,
delegation of nursing care tasks in the home care setting is allowed
within such agency and that policies are adopted to employ home health
aides or hospice aides for the purposes of allowing nurses to delegate
such tasks.
(d) A registered nurse licensed pursuant to the provisions of chapter
378 who delegates the task of medication administration to a home
health aide or hospice aide pursuant to this section shall not be subject
to disciplinary action based on the performance of the home health aide
or hospice aide to whom tasks are delegated, unless the home health
aide or hospice aide is acting pursuant to specific instructions from the
registered nurse or the registered nurse fails to leave instructions when
the nurse should have done so, provided the registered nurse: (1)
Documented in the patient's care plan that the medication
administration could be properly and safely performed by the home
health aide or hospice aide to whom it is delegated, (2) provided initial
direction to the home health aide or hospice aide, and (3) provided
ongoing supervision of the home health aide or hospice aide, including
the periodic assessment and evaluation of the patient's health and safety
related to medication administration.
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(e) A registered nurse who delegates the provision of nursing care to
another person pursuant to this section shall not be subject to an action
for civil damages for the performance of the person to whom nursing
care is delegated unless the person is acting pursuant to specific
instructions from the nurse or the nurse fails to leave instructions when
the nurse should have done so.
(f) No person may coerce a registered nurse into compromising
patient safety by requiring the nurse to delegate the administration of
medication if the nurse's assessment of the patient documents a need for
a nurse to administer medication and identifies why the need cannot be
safely met through utilization of assistive technology or administration
of medication by certified home health aides or hospice aides. No
registered nurse who has made a reasonable determination based on
such assessment that delegation may compromise patient safety shall be
subject to any employer reprisal or disciplinary action pursuant to
chapter 378 for refusing to delegate or refusing to provide the required
training for such delegation. The Department of Social Services, in
consultation with the Department of Public Health, [and] home health
care agencies and hospice agencies, shall develop protocols for
documentation pursuant to the requirements of this subsection. The
Department of Social Services shall notify all licensed home health care
agencies and hospice agencies of such protocols prior to the
implementation of this section.
(g) The Commissioner of Public Health may implement policies and
procedures necessary to administer the provisions of this section while
in the process of adopting such policies and procedures as regulations,
provided notice of intent to adopt regulations is published in the
Connecticut Law Journal not later than twenty days after the date of
implementation. Policies and procedures implemented pursuant to this
section shall be valid until the time final regulations are adopted.
Sec. 52. Section 19a-496a of the general statutes is repealed and the
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following is substituted in lieu thereof (Effective July 1, 2021):
(a) Notwithstanding any provision of the regulations of Connecticut
state agencies, all home health care agency, hospice agency and home
health aide agency services shall be performed upon the order of a
physician or physician assistant licensed pursuant to chapter 370 or an
advanced practice registered nurse licensed pursuant to chapter 378.
(b) All home health care agency services which are required by law
to be performed upon the order of a licensed physician may be
performed upon the order of a physician, physician assistant or
advanced practice registered nurse licensed in a state which borders
Connecticut.
Sec. 53. Section 19a-504d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) If a hospital recommends home health care to a patient, the
hospital discharge plan shall include two or more available options of
home health care agencies or hospice agencies.
(b) A hospital which (1) has an ownership or investment interest in a
home health care agency or hospice agency, or (2) receives
compensation or remuneration for referral of patients to a home health
care agency or hospice agency shall disclose such interest to any patient
prior to including such agency as an option in a hospital discharge plan.
Such information shall be verbally disclosed to each patient or shall be
posted in a conspicuous place visible to patients. As used in this
subsection, "ownership or investment interest" does not include
ownership of investment securities purchased by the practitioner on
terms available to the general public and which are publicly traded.
Sec. 54. (NEW) (Effective July 1, 2021) (a) The Commissioner of Public
Health may suspend the requirements for licensure to authorize a
licensed chronic and convalescent nursing home to provide services to
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patients with a reportable disease, emergency illness or health
condition, pursuant to section 19-91 of the general statutes, under their
existing license if such licensed chronic and convalescent nursing home
(1) provides services to such patients in a building that is not physically
connected to its licensed facility, or (2) expands its bed capacity in a
portion of a facility that is separate from the licensed facility. Such
services may only be provided in order to render temporary assistance
in managing a public health emergency in this state, declared by the
Governor pursuant to section 19a-131a of the general statutes.
(b) Each chronic and convalescent nursing home that intends to
provide services pursuant to subsection (a) of this section shall submit
an application to the Department of Public Health in a form and manner
prescribed by the commissioner. Such application shall include, but
need not be limited to: (1) Information regarding the facility's ability to
sufficiently address the health, safety or welfare of such chronic and
convalescent nursing home's residents and staff; (2) the address of such
facility; (3) an attestation that all equipment located at such facility is
maintained according to the manufacturers' specifications, and is
capable of meeting the needs of such facility's residents; (4) information
regarding such facility's maximum bed capacity; and (5) information
indicating that such facility is in compliance with any provisions of the
general statutes or regulations of Connecticut state agencies pertaining
to the operation of such facility.
(c) Upon receipt of an application pursuant to subsection (a) of this
section, the Department of Public Health shall conduct a scheduled
inspection and investigation of the applicant's facilities to ensure
compliance with any provisions of the general statutes or regulations of
Connecticut state agencies pertaining to the licensing of such facilities.
After conducting such inspection and investigation, the department
shall notify the applicant of the department's approval or denial of such
application.
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Sec. 55. Section 19a-522f of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) As used in this section:
(1) "Administer" means to initiate the venipuncture and deliver an IV
fluid or IV admixture into the blood stream through a vein, and to
monitor and care for the venipuncture site, terminate the procedure and
record pertinent events and observations;
(2) "IV admixture" means an IV fluid to which one or more additional
drug products have been added;
(3) "IV fluid" means sterile solutions of fifty milliliters or more,
intended for intravenous infusion, but does not include blood and blood
products;
(4) "IV therapy" means the introduction of an IV fluid or IV admixture
into the blood stream through a vein for the purpose of correcting water
deficit and electrolyte imbalances, providing nutrition, and delivering
antibiotics and other therapeutic agents approved by a chronic and
convalescent nursing home's or a rest home with nursing supervision's
medical staff;
(5) "IV therapy program" means the overall plan by which a chronic
and convalescent nursing home or a rest home with nursing supervision
implements, monitors and safeguards the administration of IV therapy
to patients; and
(6) "IV therapy nurse" means a registered nurse who is qualified by
education and training and has demonstrated proficiency in the
theoretical and clinical aspects of IV therapy to administer an IV fluid
or IV admixture.
(b) An IV therapy nurse or a physician assistant licensed pursuant to
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section 20-12b, who is employed by, or operating under a contract to
provide services in, a chronic and convalescent nursing home or a rest
home with nursing supervision that operates an IV therapy program
may administer a peripherally inserted central catheter as part of such
facility's IV therapy program. The Department of Public Health shall
adopt regulations in accordance with the provisions of chapter 54 to
carry out the purposes of this section.
(c) A chronic and convalescent nursing home may allow a registered
nurse licensed pursuant to chapter 378 and employed by such chronic
and convalescent nursing home who has been properly trained by the
director of nursing or by an intravenous infusion company to (1)
administer IV therapy or a dose of medication by intravenous injection,
provided such medication is on a list of medications approved by the
facility's governing body, pharmacist and medical director for
intravenous injection by a registered nurse, or (2) draw blood from a
central line for laboratory purposes, provided the facility has an
agreement with a laboratory to process such specimens. Such chronic
and convalescent nursing home shall notify the Commissioner of Public
Health of any such services being provided under subdivisions (1) and
(2) of this subsection. The administrator of each chronic and
convalescent nursing home shall ensure that each registered nurse who
is permitted to perform the services described in subdivisions (1) and
(2) of this subsection is appropriately trained and competent to perform
such services. Each administrator shall provide documentation
regarding the training and competency of such registered nurses to the
department upon the department's request.
Sec. 56. (NEW) (Effective July 1, 2021) (a) The Commissioner of Public
Health shall license assisted living services agencies, as defined in
section 19a-490 of the general statutes, as amended by this act. A
managed residential community wishing to provide assisted living
services shall become licensed as an assisted living services agency or
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shall arrange for assisted living services to be provided by another entity
that is licensed as an assisted living services agency.
(b) A managed residential care community that intends to arrange for
assisted living services shall only do so with a currently licensed assisted
living services agency. Such managed residential community shall
submit an application to arrange for the assisted living services to the
Department of Public Health in a form and manner prescribed by the
commissioner.
(c) An assisted living services agency providing services as a
dementia special care unit or program, as defined in section 19a-562 of
the general statutes, as amended by this act, shall obtain approval for
such unit or program from the Department of Public Health. Such
assisted living services agencies shall ensure that they have adequate
staff to meet the needs of the residents. Each assisted living services
agency that provides services as a dementia special care unit or
program, as defined in section 19a-562 of the general statutes, as
amended by this act, shall submit to the Department of Public Health a
list of dementia special care units or locations and their staffing plans
for any such units and locations when completing an initial or a renewal
licensure application, or upon request from the department.
(d) An assisted living services agency shall ensure that (1) all services
being provided on an individual basis to clients are fully understood
and agreed upon between either the client or the client's representative,
and (2) the client or the client's representative are made aware of the cost
of any such services.
(e) The Department of Public Health may adopt regulations, in
accordance with the provisions of chapter 54 of the general statutes, to
carry out the purposes of this section.
Sec. 57. Section 19a-521b of the general statutes is repealed and the
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following is substituted in lieu thereof (Effective July 1, 2021):
[In each] Each licensed chronic and convalescent nursing home,
chronic disease hospital associated with a chronic and convalescent
nursing home, rest home with nursing supervision and residential care
home [, at least a three-foot clearance shall be provided at the sides and
the foot of each bed] shall position beds in a manner that promotes
resident care and that provides at least a three-foot clearance at the sides
and foot of each bed. Such bed position shall (1) not act as a restraint to
the resident, (2) not create a hazardous situation, including, but not
limited to, an entrapment possibility, or obstacle to evacuation or being
close to or blocking a heat source, and (3) allow for infection control.
Sec. 58. Section 19a-195 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
The commissioner shall adopt regulations in accordance with the
provisions of chapter 54 to require all [emergency medical response
services] ambulances to be staffed by at least one certified emergency
medical technician, who shall be in the patient compartment attending
the patient during all periods in which a patient is being transported,
and one certified [medical response technician] emergency medical
responder.
Sec. 59. Section 20-206jj of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
As used in this section and sections 20-206kk to 20-206oo, inclusive:
(1) "Advanced emergency medical technician" means an individual
who is certified as an advanced emergency medical technician by the
Department of Public Health;
(2) "Commissioner" means the Commissioner of Public Health;
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(3) "Emergency medical services instructor" means a person who is
certified under the provisions of section 20-206ll or 20-206mm, as
amended by this act, by the Department of Public Health to teach
courses, the completion of which is required in order to become an
emergency medical technician;
(4) "Emergency medical responder" means an individual who is
certified to practice as an emergency medical responder under the
provisions of section 20-206ll or 20-206mm, as amended by this act;
(5) "Emergency medical services personnel" means an individual
certified to practice as an emergency medical responder, emergency
medical
technician,
advanced
emergency
medical
technician,
emergency medical services instructor or an individual licensed as a
paramedic;
(6) "Emergency medical technician" means a person who is certified
to practice as an emergency medical technician under the provisions of
section 20-206ll or 20-206mm, as amended by this act;
(7) "National organization for emergency medical certification"
means a national organization approved by the Department of Public
Health and identified on the department's Internet web site, or such
national organization's successor organization, that tests and provides
certification to emergency medical responders, emergency medical
technicians, advanced medical technicians and paramedics;
(8) "Office of Emergency Medical Services" means the office
established within the Department of Public Health pursuant to section
19a-178;
(9) "Paramedicine" means the carrying out of (A) all phases of
cardiopulmonary resuscitation and defibrillation, (B) the administration
of drugs and intravenous solutions under written or oral authorization
from a licensed physician or a licensed advanced practice registered
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nurse, and (C) the administration of controlled substances, as defined in
section 21a-240, in accordance with written protocols or standing orders
of a licensed physician or a licensed advanced practice registered nurse;
and
(10) "Paramedic" means a person licensed to practice as a paramedic
under the provisions of section 20-206ll. [; and]
[(11) "Continuing education platform Internet web site" means an
online database, approved by the Commissioner of Public Health, for
emergency medical services personnel to enter, track and reconcile the
hours and topics of continuing education completed by such personnel.]
Sec. 60. Subsection (b) of section 19a-178a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) The advisory board shall consist of members appointed in
accordance with the provisions of this subsection and shall include the
Commissioner of Public Health, the department's emergency medical
services medical director and the president of each of the regional
emergency medical services councils, or their designees. The Governor
shall appoint the following members: (1) One person from the
Connecticut Association of Directors of Health; (2) three persons from
the Connecticut College of Emergency Physicians; (3) one person from
the Connecticut Committee on Trauma of the American College of
Surgeons; (4) one person from the Connecticut Medical Advisory
Committee; (5) one person from the Emergency Nurses Association; (6)
one person from the Connecticut Association of Emergency Medical
Services Instructors; (7) one person from the Connecticut Hospital
Association; (8) two persons representing commercial ambulance
services; (9) one person from the Connecticut State Firefighters
Association; (10) one person from the Connecticut Fire Chiefs
Association; (11) one person from the Connecticut Police Chiefs
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Association; (12) one person from the Connecticut State Police; and (13)
one person from the Connecticut Commission on Fire Prevention and
Control. An additional eighteen members shall be appointed as follows:
(A) Three by the president pro tempore of the Senate; (B) three by the
majority leader of the Senate; (C) four by the minority leader of the
Senate; (D) three by the speaker of the House of Representatives; (E) two
by the majority leader of the House of Representatives; and (F) three by
the minority leader of the House of Representatives. The appointees
shall include a person with experience in municipal ambulance services;
a person with experience in for-profit ambulance services; three persons
with experience in volunteer ambulance services; a paramedic; an
emergency medical technician; an advanced emergency medical
technician; three consumers and four persons from state-wide
organizations with interests in emergency medical services as well as
any other areas of expertise that may be deemed necessary for the
proper functioning of the advisory board. Any appointment to the
advisory board that is vacant for more than one year shall be filled by
the Commissioner of Public Health. The commissioner shall notify the
appointing authority of the identity of the commissioner's appointment
not later than thirty days before making such appointment.
Sec. 61. Subsection (a) of section 19a-36h of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) Not later than January 1, [2020] 2023, the commissioner shall adopt
and administer by reference the United States Food and Drug
Administration's Food Code, as amended from time to time, and any
Food Code Supplement published by said administration as the state's
food code for the purpose of regulating food establishments.
Sec. 62. Subsection (a) of section 19a-36j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
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(a) On and after January 1, [2019] 2023, no person shall engage in the
practice of a food inspector unless such person has obtained a
certification from the commissioner in accordance with the provisions
of this section. The commissioner shall develop a training and
verification program for food inspector certification that shall be
administered by the food inspection training officer at a local health
department.
(1) Each person seeking certification as a food inspector shall submit
an application to the department on a form prescribed by the
commissioner and present to the department satisfactory evidence that
such person (A) is sponsored by the director of health in the jurisdiction
in which the applicant is employed to conduct food inspections, (B)
possesses a bachelor's degree or three years of experience in a regulatory
food protection program, (C) has successfully completed a training and
verification program, (D) has successfully completed the field
standardization inspection prescribed by the commissioner, and (E) is
not involved in the ownership or management of a food establishment
located in the applicant's jurisdiction.
(2) Each director of health sponsoring an applicant for certification as
a food inspector shall submit to the commissioner a form documenting
the applicant's qualifications and successful completion of the
requirements described in subdivision (1) of this subsection.
(3) Certifications issued under this section shall be subject to renewal
once every three years. A food inspector applying for renewal of his or
her certification shall demonstrate successful completion of twenty
contact hours in food protection training, as approved by the
commissioner, and reassessment by the food inspection training officer.
Sec. 63. Section 19a-36o of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
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Notwithstanding any provision of the general statutes, from June 30,
2017, until December 31, [2018] 2022, a food service establishment may
request a variance from the Commissioner of Public Health from the
requirements of the [Public Health Code] regulations of Connecticut
state agencies, established under section 19a-36, to utilize the process of
sous vide and acidification of sushi rice, as defined in section 3-502.11 of
the United States Food and Drug Administration's Food Code, as
amended from time to time. The Commissioner of Public Health shall
review the request for a variance and provide the food establishment
with notification regarding the status of its request not later than thirty
days after the commissioner receives such request. The commissioner
may grant such variance if he or she determines that such variance
would not result in a health hazard or nuisance.
Sec. 64. Subdivision (5) of section 19a-332 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(5) "Asbestos-containing material" means material composed of
asbestos of any type and in an amount equal to or greater than one per
cent by weight, either alone or mixed with other fibrous or nonfibrous
material;
Sec. 65. Subdivision (4) of section 20-250 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(4) "Hairdressing and cosmetology" means the art of dressing,
arranging, curling, waving, weaving, cutting, singeing, bleaching and
coloring the hair and treating the scalp of any person, and massaging,
cleansing, stimulating, manipulating, exercising or beautifying with the
use of the hands, appliances, cosmetic preparations, antiseptics, tonics,
lotions, creams, powders, oils or clays and doing similar work on the
face, neck and arms for compensation, removing hair from the face or
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neck using manual or mechanical means, excluding esthetics, as defined
in section 20-265a or any of the actions listed in this subdivision
performed on the nails of the hands or feet, provided nothing in this
subdivision shall prohibit an unlicensed person from performing
shampooing or braiding hair;
Sec. 66. Subsection (b) of section 20-265b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) On and after January 1, 2020, each person seeking an initial license
as an esthetician 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 six hundred hours of study and received a certification of
completion from a school approved under section 20-265g or section 20-
26 or in a school outside of the state whose requirements are equivalent
to a school approved under section 20-265g, or (2) (A) if applying before
January 1, 2022, has practiced esthetics continuously in this state for a
period of not less than two years prior to July 1, 2020, and (B) is in
compliance with the infection prevention and control plan guidelines
prescribed by the department under section 19a-231 in the form of an
attestation.
Sec. 67. Subsection (f) of section 10-206 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(f) On and after October 1, 2017, each local or regional board of
education shall report to the local health department and the
Department of Public Health, on an triennial basis, the total number of
pupils per school and per school district having a diagnosis of asthma
(1) at the time of public school enrollment, (2) in grade six or seven, and
(3) in grade nine or ten. [or eleven.] The report shall contain the asthma
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information collected as required under subsections (b) and (c) of this
section and shall include pupil age, gender, race, ethnicity and school.
Beginning on October 1, 2021, and every three years thereafter, the
Department of Public Health shall review the asthma screening
information reported pursuant to this section and shall submit a report
to the joint standing committees of the General Assembly having
cognizance of matters relating to public health and education
concerning asthma trends and distributions among pupils enrolled in
the public schools. The report shall be submitted in accordance with the
provisions of section 11-4a and shall include, but not be limited to, (A)
trends and findings based on pupil age, gender, race, ethnicity, school
and the education reference group, as determined by the Department of
Education for the town or regional school district in which such school
is located, and (B) activities of the asthma screening monitoring system
maintained under section 19a-62a.
Sec. 68. Section 19a-490w of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) Not later than October 1, 2017, and annually thereafter, any
hospital that has been certified as a comprehensive stroke center, a
primary stroke center, a thrombectomy-capable stroke center or an
acute stroke-ready hospital by the American Heart Association, the Joint
Commission or any other nationally recognized certifying organization
shall submit an attestation of such certification to the Commissioner of
Public Health, in a form and manner prescribed by the commissioner.
Not later than October 15, 2017, and annually thereafter, the Department
of Public Health shall post a list of certified stroke centers on its Internet
web site.
(b) The department may remove a hospital from the list posted
pursuant to subsection (a) of this section if (1) the hospital requests such
removal, (2) the department is informed by the American Heart
Association, the Joint Commission or other nationally recognized
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certifying organization that a hospital's certification has expired or been
suspended or revoked, or (3) the department does not receive attestation
of certification from a hospital on or before October first. The
department shall report to the nationally recognized certifying
organization any complaint it receives related to the certification of a
hospital as a comprehensive stroke center, a primary stroke center, a
thrombectomy-capable stroke center or an acute stroke-ready hospital.
The department shall provide the complainant with the name and
contact information of the nationally recognized certifying organization
if the complainant seeks to pursue a complaint with such organization.
Sec. 69. Subsection (k) of section 19a-180 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(k) Notwithstanding the provisions of subsection (a) of this section,
any [volunteer, hospital-based or municipal ambulance service]
emergency medical services organization that is licensed or certified and
a primary service area responder may apply to the commissioner, on a
short form application prescribed by the commissioner, to change the
address of a principal or branch location or to add a branch location
within its primary service area. Upon making such application, the
applicant shall notify in writing all other primary service area
responders in any municipality or abutting municipality in which the
applicant proposes to change principal or branch locations. Unless a
primary service area responder entitled to receive notification of such
application objects, in writing, to the commissioner and requests a
hearing on such application not later than fifteen calendar days after
receiving such notice, the application shall be deemed approved thirty
calendar days after filing. If any such primary service area responder
files an objection with the commissioner within the fifteen-calendar-day
time period and requests a hearing, the applicant shall be required to
demonstrate need to change the address of a principal or branch
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location within its primary service area at a public hearing as required
under subsection (a) of this section.
Sec. 70. Section 7-36 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
As used in this chapter and sections 19a-40 to 19a-45, inclusive, unless
the context otherwise requires:
(1) "Registrar of vital statistics" or "registrar" means the registrar of
births, marriages, deaths and fetal deaths or any public official charged
with the care of returns relating to vital statistics;
(2) "Registration" means the process by which vital records are
completed, filed and incorporated into the official records of the
department;
(3) "Institution" means any public or private facility that provides
inpatient medical, surgical or diagnostic care or treatment, or nursing,
custodial or domiciliary care, or to which persons are committed by law;
(4) "Vital records" means a certificate of birth, death, fetal death or
marriage;
(5) "Certified copy" means a copy of a birth, death, fetal death or
marriage certificate that (A) includes all information on the certificate
except such information that is nondisclosable by law, (B) is issued or
transmitted by any registrar of vital statistics, (C) includes an attested
signature and the raised seal of an authorized person, and (D) if
submitted to the department, includes all information required by the
commissioner;
(6) "Uncertified copy" means a copy of a birth, death, fetal death or
marriage certificate that includes all information contained in a certified
copy except an original attested signature and a raised seal of an
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authorized person;
(7) "Authenticate" or "authenticated" means to affix to a vital record
in paper format the official seal, or to affix to a vital record in electronic
format the user identification, password, or other means of electronic
identification, as approved by the department, of the creator of the vital
record, or the creator's designee, by which affixing the creator of such
paper or electronic vital record, or the creator's designee, affirms the
integrity of such vital record;
(8) "Attest" means to verify a vital record in accordance with the
provisions of subdivision (5) of this section;
(9) "Correction" means to change or enter new information on a
certificate of birth, marriage, death or fetal death, within one year of the
date of the vital event recorded in such certificate, in order to accurately
reflect the facts existing at the time of the recording of such vital event,
where such changes or entries are to correct errors on such certificate
due to inaccurate or incomplete information provided by the informant
at the time the certificate was prepared, or to correct transcribing,
typographical or clerical errors;
(10) "Amendment" means to (A) change or enter new information on
a certificate of birth, marriage, death or fetal death, more than one year
after the date of the vital event recorded in such certificate, in order to
accurately reflect the facts existing at the time of the recording of the
event, (B) create a replacement certificate of birth for matters pertaining
to parentage and gender change, or (C) reflect a legal name change in
accordance with section 19a-42, as amended by this act, or make a
modification to a cause of death;
(11) "Acknowledgment of paternity" means to legally acknowledge
paternity of a child pursuant to section 46b-172;
(12) "Adjudication of paternity" means to legally establish paternity
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through an order of a court of competent jurisdiction;
(13) "Parentage" includes matters relating to adoption, gestational
agreements, paternity and maternity;
(14) "Department" means the Department of Public Health;
(15) "Commissioner" means the Commissioner of Public Health or the
commissioner's designee;
(16) "Gestational agreement" means a written agreement for assisted
reproduction in which a woman agrees to carry a child to birth for an
intended parent or intended parents, which woman contributed no
genetic material to the child and which agreement (A) names each party
to the agreement and indicates each party's respective obligations under
the agreement, (B) is signed by each party to the agreement and the
spouse of each such party, if any, and (C) is witnessed by at least two
disinterested adults and acknowledged in the manner prescribed by
law;
(17) "Intended parent" means a party to a gestational agreement who
agrees, under the gestational agreement, to be the parent of a child born
to a woman by means of assisted reproduction, regardless of whether
the party has a genetic relationship to the child;
(18) "Foundling" means (A) a child of unknown parentage, or (B) an
infant voluntarily surrendered pursuant to the provisions of section 17a-
58; [and]
(19) "Certified homeless youth" means a person who is at least fifteen
years of age but less than eighteen years of age, is not in the physical
custody of a parent or legal guardian, who is a homeless child or youth,
as defined in 42 USC 11434a, as amended from time to time, and who
has been certified as homeless by (A) a school district homeless liaison,
(B) the director of an emergency shelter program funded by the United
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States Department of Housing and Urban Development, or the
director's designee, [or] (C) the director of a runaway or homeless youth
basic center or transitional living program funded by the United States
Department of Health and Human Services, or the director's designee,
[.] or (D) the director of a program of a nonprofit organization or
municipality that is contracted with the homeless youth program
established pursuant to section 17a-62a; and
(20) "Certified homeless young adult" means a person who is at least
eighteen years of age but less than twenty-five years of age who has
been certified as homeless by (A) a school district homeless liaison, (B)
the director of an emergency shelter program funded by the United
States Department of Housing and Urban Development, or the
director's designee, (C) the director of a runaway or homeless youth
basic center or transitional living program funded by the United States
Department of Health and Human Services, or the director's designee,
or (D) the director of a program of a nonprofit organization or
municipality that is contracted with the homeless youth program
established pursuant to section 17a-62a.
Sec. 71. Subsection (c) of section 7-51 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(c) (1) The registrar of the town in which the birth or fetal death
occurred or of the town in which the [mother] birth parent resided at the
time of the birth or fetal death, or the department, may issue a certified
copy of the certificate of birth or fetal death of any person born in this
state that is kept in paper form in the custody of the registrar. Except as
provided in subdivision (2) of this subsection, such certificate shall be
issued upon the written request of an eligible party listed in subsection
(a) of this section. Any registrar of vital statistics in this state with access,
as authorized by the department, to the electronic vital records system
of the department may issue a certified copy of the electronically filed
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certificate of birth or fetal death of any person born in this state upon
the written request of an eligible party listed in subsection (a) of this
section. The registrar and the department may waive the fee for the
issuance of a certified copy of the certificate of birth of a certified
homeless young adult to such young adult under this subsection.
(2) In the case of a certified homeless youth, such certified homeless
youth and the person who is certifying the certified homeless youth as
homeless, as described in section 7-36, as amended by this act, shall
appear in person when the certified homeless youth is presenting the
written request described in subdivision (1) of this subsection at (A) the
office of the registrar of the town in which the certified homeless youth
was born, (B) the office of the registrar of the town in which the [mother]
birth parent of the certified homeless youth resided at the time of the
birth, (C) if the birth certificate of the certified homeless youth has been
electronically filed, any registrar of vital statistics in the state with
access, as authorized by the department, to the electronic vital records
system, or (D) the state vital records office of the department. The
certified homeless youth shall present to the registrar or the department
information sufficient to identify himself or herself as may be required
by regulations adopted by the commissioner pursuant to section 7-41.
The person who is certifying the certified homeless youth as homeless
shall present to the registrar or the department information sufficient to
identify himself or herself as meeting the certification requirements of
section 7-36, as amended by this act. The registrar and the department
may waive the fee for the issuance of a certified copy of the certificate of
birth of a homeless youth to such youth under this subsection.
Sec. 72. Subsection (a) of section 1-1h of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) Any person who does not possess a valid motor vehicle operator's
license may apply to the Department of Motor Vehicles for an identity
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card. The application for an identity card shall be accompanied by the
birth certificate of the applicant or a certificate of identification of the
applicant issued and authorized for such use by the Department of
Correction and a fee of twenty-eight dollars. Such application shall
include: (1) The applicant's name; (2) the applicant's address; (3)
whether the address is permanent or temporary; (4) the applicant's date
of birth; (5) notice to the applicant that false statements on such
application are punishable under section 53a-157b; and (6) such other
pertinent information as the Commissioner of Motor Vehicles deems
necessary. The applicant shall sign the application in the presence of an
official of the Department of Motor Vehicles. The commissioner may
waive the fee for any applicant (A) who has voluntarily surrendered
such applicant's motor vehicle operator's license, (B) whose license has
been refused by the commissioner pursuant to subdivision (4) of
subsection (e) of section 14-36, (C) who is both a veteran, as defined in
subsection (a) of section 27-103, and blind, as defined in subsection (a)
of section 1-1f, or (D) who is a resident of a homeless shelter or other
facility for homeless persons or a certified homeless youth or certified
homeless young adult. The commissioner shall adopt regulations, in
accordance with the provisions of chapter 54, to establish the procedure
and qualifications for the issuance of an identity card to any such
homeless applicant. For the purposes of this subsection, "certified
homeless youth" and "certified homeless young adult" have the same
meanings as provided in section 7-36, as amended by this act.
Sec. 73. Subsection (b) of section 20-265d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(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
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less than one hundred hours of study and received a certificate of
completion from a school approved under section 20-265g or section 20-
262 or in a school outside of the state whose requirements are equivalent
to a school approved under section 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 section 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
section 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 section 20-265e, provided such person
applies for an initial trainee license not later than January 1, 2021.
Sec. 74. Subsection (b) of section 20-265c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) On and after January 1, 2020, each person seeking an initial license
as an eyelash 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 fifty hours of study and received a certificate of
completion from a school approved under section 20-265g or section 20-
262 or in a school outside of the state whose requirements are equivalent
to a school approved under section 20-265g, or (2) (A) if the applicant is
applying on or before January 1, 2022, has practiced as an eyelash
technician continuously in this state for a period of not less than two
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years prior to July 1, 2020, and (B) is in compliance with the infection
prevention and control plan guidelines prescribed by the department
under section 19a-231 in the form of an attestation.
Sec. 75. Section 19a-55 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) [The administrative officer or other person in charge of each
institution caring for newborn infants shall cause to have administered
to every such infant in its care an HIV-related test, as defined in section
19a-581, a test for phenylketonuria and other metabolic diseases,
hypothyroidism, galactosemia, sickle cell disease, maple syrup urine
disease, homocystinuria, biotinidase deficiency, congenital adrenal
hyperplasia,
severe
combined
immunodeficiency
disease,
adrenoleukodystrophy and such other tests for inborn errors of
metabolism as shall be prescribed by the Department of Public Health.
The tests shall be administered as soon after birth as is medically
appropriate. If the mother has had an HIV-related test pursuant to
section 19a-90 or 19a-593, the person responsible for testing under this
section may omit an HIV-related test.] There is established a newborn
screening program. The Commissioner of Public Health shall (1)
administer the newborn screening program, (2) direct persons identified
through the screening program to appropriate specialty centers for
treatments, consistent with any applicable confidentiality requirements,
and (3) set the fees to be charged to institutions to cover all expenses of
the comprehensive screening program including testing, tracking and
treatment, subject to the approval of the Secretary of the Office of Policy
and Management. The fees to be charged pursuant to subdivision (3) of
this subsection shall be set at a minimum of ninety-eight dollars.
(b) The administrative officer or other person in charge of each
institution caring for newborn infants, a nurse-midwife licensed
pursuant to chapter 377 or a midwife shall cause to have administered
to every such newborn infant in his or her care a blood spot specimen
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and an HIV-related test, as defined in section 19a-581, except that the
person responsible for testing may omit such test if the mother has had
an HIV-related test pursuant to section 19a-90 or 19a-593. The blood spot
specimen shall be collected not earlier than twenty-four hours after the
birth of the newborn infant and not later than forty-eight hours after the
birth of such infant, unless the institution caring for newborn infants,
nurse-midwife licensed pursuant to chapter 377 or midwife determines
that a situation exists to warrant an early collection of the specimen or if
collection of the specimen is medically contraindicated. Situations that
warrant early collection of the specimen shall include, but not be limited
to, the imminent transfusion of blood products, dialysis, early discharge
of the newborn infant from the institution, transfer of the newborn
infant to another institution or imminent death. If the newborn infant
dies before a blood spot specimen can be obtained, the specimen shall
be collected as soon as practicable after death. The institution licensed
to care for newborn infants, nurse-midwife or midwife shall notify the
Department of Public Health when a specimen is not collected within
forty-eight hours after the birth of such infant due to: (1) The infant's
medical fragility, (2) refusal by the parents when newborn infant
screening is in conflict with their religious tenets and practice, (3) the
newborn infant receiving comfort measures only, or (4) any other
reason. Such notification shall be documented in the department's
newborn screening system pursuant to section 19a-53 by the institution
caring for newborn infants, nurse-midwife or midwife or sent in writing
to the department not later than seventy-two hours after the birth of the
newborn infant. The institution caring for newborn infants, nurse-
midwife or midwife shall send the blood spot specimen to the state
public health laboratory not later than twenty-four hours after the time
of collection. The department may request an additional blood spot
specimen if: (A) There was an early collection of the specimen, (B) the
specimen was collected following a transfusion of blood products, (C)
the specimen is unsatisfactory for testing, or (D) the department
determines that there is an abnormal result. The state public health
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laboratory shall make and maintain a record of the date and time of its
receipt of each blood spot specimen and make such record available for
inspection by the institution caring for newborn infants, nurse-midwife
or midwife that sent the blood spot specimen not later than forty-eight
hours after such institution, nurse-midwife or midwife submits a
request to inspect such record.
(c) The Commissioner of Public Health shall publish a list of all the
abnormal conditions for which the department screens newborns under
the newborn screening program, which shall include, [screening] but
need not be limited to, testing for amino acid disorders, including
phenylketonuria, organic acid disorders, fatty acid oxidation disorders,
including, but not limited to, long-chain 3-hydroxyacyl CoA
dehydrogenase
(L-CHAD)
and
medium-chain
acyl-CoA
dehydrogenase (MCAD), hypothyroidism, galactosemia, sickle cell
disease, maple syrup urine disease, homocystinuria, biotinidase
deficiency,
congenital
adrenal
hyperplasia,
severe
combined
immunodeficiency disease, adrenoleukodystrophy, spinal muscular
atrophy and [, subject to the approval of the Secretary of the Office of
Policy and Management,] any other disorder included on the
recommended uniform screening panel pursuant to 42 USC 300b-10, as
amended from time to time, and as prescribed by the Commissioner of
Public Health.
[(b)] (d) In addition to the testing requirements prescribed in
subsection [(a)] (b) of this section, the administrative officer or other
person in charge of each institution caring for newborn infants shall
cause to have administered to (1) every such infant in its care a screening
test for (A) cystic fibrosis, and (B) critical congenital heart disease, [and
(C) on and after January 1, 2020, spinal muscular atrophy, and] (2) any
newborn infant who fails a newborn hearing screening, as described in
section 19a-59, a screening test for cytomegalovirus. [, provided such
screening test shall be administered within available appropriations.
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The administrative officer or other person in charge of each institution
caring for newborn infants who performs the testing for critical
congenital heart disease shall enter the results of such test into the
newborn screening system pursuant to section 19a-53.] Such screening
tests shall be administered as soon after birth as is medically
appropriate.
(e) (1) The clinical laboratory that completes the testing for cystic
fibrosis, shall report the number of newborn infants screened and the
results of such testing, not less than annually, to the Department of
Public Health into the newborn screening system pursuant to section
19a-53. The administrative officer or other person in charge of each
institution caring for newborn infants who performs the testing for
critical congenital heart disease shall enter the results of such test into
the newborn screening system pursuant to section 19a-53.
[(c)] (2) The administrative officer or other person in charge of each
institution caring for newborn infants shall [report] enter any case of
cytomegalovirus that is confirmed as a result of a screening test
administered pursuant to subdivision (2) of subsection [(b)] (d) of this
section to the Department of Public Health [in a form and manner
prescribed by the Commissioner of Public Health] into the newborn
screening system pursuant to section 19a-53. The provisions of this
subsection shall apply regardless of the patient's insurance status or
source of payment, including self-pay status.
[(d)] (f) The provisions of this section shall not apply to any infant
whose parents object to the test or treatment as being in conflict with
their religious tenets and practice. The commissioner shall adopt
regulations, in accordance with the provisions of chapter 54, to
implement the provisions of this section.
Sec. 76. Subdivision (10) of section 7-36 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
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1, 2021):
(10) "Amendment" means to (A) change or enter new information on
a certificate of birth, marriage, death or fetal death, more than one year
after the date of the vital event recorded in such certificate, in order to
accurately reflect the facts existing at the time of the recording of the
event, (B) create a replacement certificate of birth for matters pertaining
to parentage and gender change, [or] (C) create a replacement certificate
of marriage for matters pertaining to gender change, or (D) reflect a legal
name change in accordance with section 19a-42, as amended by this act,
or make a modification to a cause of death;
Sec. 77. Section 19a-42 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) To protect the integrity and accuracy of vital records, a certificate
registered under chapter 93 may be amended only in accordance with
sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by
the Commissioner of Public Health pursuant to chapter 54 and uniform
procedures prescribed by the commissioner. Only the commissioner
may amend birth certificates to reflect changes concerning parentage or
birth or marriage certificates to reflect changes concerning gender
change. Amendments related to parentage or gender change shall result
in the creation of a replacement certificate that supersedes the original,
and shall in no way reveal the original language changed by the
amendment. Any amendment to a vital record made by the registrar of
vital statistics of the town in which the vital event occurred or by the
commissioner shall be in accordance with such regulations and uniform
procedures.
(b) The commissioner and the registrar of vital statistics shall
maintain sufficient documentation, as prescribed by the commissioner,
to support amendments and shall ensure the confidentiality of such
documentation as required by law. The date of amendment and a
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summary description of the evidence submitted in support of the
amendment shall be endorsed on or made part of the record and the
original certificate shall be marked "Amended", except for amendments
due to parentage or gender change. When the registrar of the town in
which the vital event occurred amends a certificate, such registrar shall,
within ten days of making such amendment, forward an amended
certificate to the commissioner and to any registrar having a copy of the
certificate. When the commissioner amends a birth certificate, including
changes due to parentage or gender, the commissioner shall forward an
amended certificate to the registrars of vital statistics affected and their
records shall be amended accordingly.
(c) An amended certificate shall supersede the original certificate that
has been changed and shall be marked "Amended", except for
amendments due to parentage or gender change. The original certificate
in the case of parentage or gender change shall be physically or
electronically sealed and kept in a confidential file by the department
and the registrar of any town in which the birth was recorded, and may
be unsealed for issuance only as provided in section 7-53 with regard to
an original birth certificate or upon a written order of a court of
competent jurisdiction. The amended certificate shall become the official
record.
(d) (1) Upon receipt of (A) an acknowledgment of paternity executed
in accordance with the provisions of subsection (a) of section 46b-172 by
both parents of a child born out of wedlock, or (B) a certified copy of an
order of a court of competent jurisdiction establishing the paternity of a
child born out of wedlock, the commissioner shall include on or amend,
as appropriate, such child's birth certificate to show such paternity if
paternity is not already shown on such birth certificate and to change
the name of the child under eighteen years of age if so indicated on the
acknowledgment of paternity form or within the certified court order as
part of the paternity action. If a person who is the subject of a voluntary
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acknowledgment of paternity, as described in this subdivision, is
eighteen years of age or older, the commissioner shall obtain a notarized
affidavit from such person affirming that he or she agrees to the
commissioner's amendment of such person's birth certificate as such
amendment relates to the acknowledgment of paternity. The
commissioner shall amend the birth certificate for an adult child to
change his or her name only pursuant to a court order.
(2) If another father is listed on the birth certificate, the commissioner
shall not remove or replace the father's information unless presented
with a certified court order that meets the requirements specified in
section 7-50, or upon the proper filing of a rescission, in accordance with
the provisions of section 46b-172. The commissioner shall thereafter
amend such child's birth certificate to remove or change the father's
name and to change the name of the child, as requested at the time of
the filing of a rescission, in accordance with the provisions of section
46b-172. Birth certificates amended under this subsection shall not be
marked "Amended".
(e) When the parent or parents of a child request the amendment of
the child's birth certificate to reflect a new mother's name because the
name on the original certificate is fictitious, such parent or parents shall
obtain an order of a court of competent jurisdiction declaring the
putative mother to be the child's mother. Upon receipt of a certified copy
of such order, the department shall amend the child's birth certificate to
reflect the mother's true name.
(f) Upon receipt of a certified copy of an order of a court of competent
jurisdiction changing the name of a person born in this state and upon
request of such person or such person's parents, guardian, or legal
representative, the commissioner or the registrar of vital statistics of the
town in which the vital event occurred shall amend the birth certificate
to show the new name by a method prescribed by the department.
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(g) When an applicant submits the documentation required by the
regulations to amend a vital record, the commissioner shall hold a
hearing, in accordance with chapter 54, if the commissioner has
reasonable cause to doubt the validity or adequacy of such
documentation.
(h) When an amendment under this section involves the changing of
existing language on a death certificate due to an error pertaining to the
cause of death, the death certificate shall be amended in such a manner
that the original language is still visible. A copy of the death certificate
shall be made. The original death certificate shall be sealed and kept in
a confidential file at the department and only the commissioner may
order it unsealed. The copy shall be amended in such a manner that the
language to be changed is no longer visible. The copy shall be a public
document.
(i) The commissioner shall issue a new birth certificate to reflect a
gender change upon receipt of the following documents submitted in
the form and manner prescribed by the commissioner: (1) A written
request from the applicant, signed under penalty of law, for a
replacement birth certificate to reflect that the applicant's gender differs
from the sex designated on the original birth certificate; (2) a notarized
affidavit by a physician licensed pursuant to chapter 370 or holding a
current license in good standing in another state, a physician assistant
licensed pursuant to chapter 370 or holding a current license in good
standing in another state, an advanced practice registered nurse
licensed pursuant to chapter 378 or holding a current license in good
standing in another state, or a psychologist licensed pursuant to chapter
383 or holding a current license in good standing in another state, stating
that the applicant has undergone surgical, hormonal or other treatment
clinically appropriate for the applicant for the purpose of gender
transition; and (3) if an applicant is also requesting a change of name
listed on the original birth certificate, proof of a legal name change. The
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new birth certificate shall reflect the new gender identity by way of a
change in the sex designation on the original birth certificate and, if
applicable, the legal name change.
(j) The commissioner shall issue a new marriage certificate to reflect
a gender change upon receipt of the following documents, submitted in
a form and manner prescribed by the commissioner: (1) A written
request from the applicant, signed under penalty of law, for a
replacement marriage certificate to reflect that the applicant's gender
differs from the sex designated on the original marriage certificate,
along with an affirmation that the marriage is still legally intact; (2) a
notarized statement from the spouse named on the marriage certificate
to be amended, consenting to the amendment; (3) (A) a United States
passport or amended birth certificate or court order reflecting the
applicant's gender as of the date of the request or (B) a notarized
affidavit by a physician licensed pursuant to chapter 370 or holding a
current license in good standing in another state, physician assistant
licensed pursuant to chapter 370 or holding a current license in good
standing in another state, an advanced practice registered nurse
licensed pursuant to chapter 378 or holding a current license in good
standing in another state or a psychologist licensed pursuant to chapter
383 or holding a current license in good standing in another state stating
that the applicant has undergone surgical, hormonal or other treatment
clinically appropriate for the applicant for the purpose of gender
transition; and (4) if an applicant is also requesting a change of name
listed on the original marriage certificate, proof of a legal name change.
The new marriage certificate shall reflect the new gender identity by
way of a change in the sex designation on the original marriage
certificate and, if applicable, the legal name change.
Sec. 78. Section 19a-215 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) For the purposes of this section:
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(1) "Clinical laboratory" means any facility or other area used for
microbiological,
serological,
chemical,
hematological,
immunohematological, biophysical, cytological, pathological or other
examinations of human body fluids, secretions, excretions or excised or
exfoliated tissues, for the purpose of providing information for the
diagnosis, prevention or treatment of any human disease or
impairment, for the assessment of human health or for the presence of
drugs, poisons or other toxicological substances.
(2) "Commissioner's list of reportable diseases, emergency illnesses
and health conditions" and "commissioner's list of reportable laboratory
findings" means the lists developed pursuant to section 19a-2a.
(3) "Confidential" means confidentiality of information pursuant to
section 19a-25.
(4) "Health care provider" means a person who has direct or
supervisory responsibility for the delivery of health care or medical
services, including licensed physicians, nurse practitioners, nurse
midwives, physician assistants, nurses, dentists, medical examiners and
administrators, superintendents and managers of health care facilities.
(5) "Reportable diseases, emergency illnesses and health conditions"
means the diseases, illnesses, conditions or syndromes designated by
the Commissioner of Public Health on the list required pursuant to
section 19a-2a.
(b) A health care provider shall report each case occurring in such
provider's practice, of any disease on the commissioner's list of
reportable diseases, emergency illnesses and health conditions to the
director of health of the town, city or borough in which such case resides
and to the Department of Public Health, no later than twelve hours after
such provider's recognition of the disease. Such reports shall be in
writing, by telephone or in an electronic format approved by the
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commissioner. [Such reports of disease shall be confidential and not
open to public inspection except as provided for in section 19a-25.]
(c) A clinical laboratory shall report each finding identified by such
laboratory of any disease identified on the commissioner's list of
reportable laboratory findings to the Department of Public Health not
later than forty-eight hours after such laboratory's finding. A clinical
laboratory that reports an average of more than thirty findings per
month shall make such reports electronically in a format approved by
the commissioner. Any clinical laboratory that reports an average of less
than thirty findings per month shall submit such reports, in writing, by
telephone or in an electronic format approved by the commissioner. [All
such reports shall be confidential and not open to public inspection
except as provided for in section 19a-25.] The Department of Public
Health shall provide a copy of all such reports to the director of health
of the town, city or borough in which the affected person resides or, in
the absence of such information, the town where the specimen
originated.
(d) When a local director of health, the local director's authorized
agent or the Department of Public Health receives a report of a disease
or laboratory finding on the commissioner's lists of reportable diseases,
emergency illnesses and health conditions and laboratory findings, the
local director of health, the local director's authorized agent or the
Department of Public Health may contact first the reporting health care
provider and then the person with the reportable finding to obtain such
information as may be necessary to lead to the effective control of
further spread of such disease. In the case of reportable communicable
diseases and laboratory findings, this information may include
obtaining the identification of persons who may be the source or
subsequent contacts of such infection.
(e) A hospital, as defined in section 19a-490 and licensed pursuant to
chapter 368v, shall provide the Department of Public Health with access,
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including remote access, in a manner approved by the Commissioner of
Public Health, to the entirety of each electronic medical record that
concerns a reportable disease, emergency illness or health condition
listed by the commissioner pursuant to subdivision (9) of section 19a-2a
that occurs at such hospital. Such remote access shall take place on or
before October 1, 2022, if technically feasible.
[(e)] (f) All personal information obtained from disease prevention
and control investigations [as performed in subsections (c) and (d) of]
pursuant to this section including the health care provider's name and
the identity of the reported case of disease and suspected source persons
and contacts shall not be divulged to anyone and shall be held strictly
confidential pursuant to section 19a-25, by the local director of health
and the director's authorized agent and by the Department of Public
Health.
[(f)] (g) Any person who violates any reporting or confidentiality
provision of this section shall be fined not more than five hundred
dollars. No provision of this section shall be deemed to supersede
section 19a-584.
Sec. 79. Subsection (c) of section 19a-72 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(c) [The] (1) A health care provider shall provide the Department of
Public Health, [shall be provided such] at the request of the department,
access to the clinical records of any [health care provider] patient, as the
department deems necessary, to perform case finding or other quality
improvement audits to ensure completeness of reporting and data
accuracy consistent with the purposes of this section.
(2) A hospital shall provide the Department of Public Health with
access, including remote access, to the entirety of a patient's medical
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record, as the department deems necessary, to perform case finding or
other quality improvement audits to ensure completeness of reporting
and data accuracy consistent with the purposes of this section. Such
remote access shall be provided on or before October 1, 2022, if
technically feasible. The department shall not divulge any personal
information obtained from the medical record to anyone and shall hold
any such personal information strictly confidential pursuant to section
19a-25.
Sec. 80. (NEW) (Effective October 1, 2021) A hospital shall provide the
Department of Public Health with access, including remote access, to
the entirety of a patient's medical record, as the department deems
necessary, to perform quality improvement audits to ensure
completeness of reporting and data accuracy of birth, fetal death and
death occurrences. Such remote access shall take place on or before
October 1, 2022, if technically feasible. No personal information
obtained from the medical record shall be divulged to anyone and shall
be held strictly confidential pursuant to section 19a-25 of the general
statutes by the Department of Public Health.
Sec. 81. Section 19a-59h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) As used in this section and section 19a-59i, "maternal death"
means the death of a woman while pregnant or not later than one year
after the date on which the woman ceases to be pregnant, regardless of
whether the woman's death is related to her pregnancy, and
"department" means the Department of Public Health.
(b) There is established, within the department, a maternal mortality
review program. The program shall be responsible for identifying
maternal death cases in Connecticut and reviewing medical records and
other relevant data related to each maternal death case, including, but
not limited to, information collected from death and birth records, files
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from the Office of the Chief Medical Examiner, and physician office and
hospital records.
(c) Licensed health care providers, health care facilities and
pharmacies shall provide the maternal mortality review program,
established under this section with reasonable access to all relevant
medical records associated with a maternal death case under review by
the program.
(d) A hospital shall provide the department with access, including
remote access, to the entirety of a patient's medical record, as the
department deems necessary, to review case information related to a
maternal death case under review by the program. Such remote access
shall be provided on or before October 1, 2022, if technically feasible. All
personal information obtained from the medical record shall not be
divulged to anyone and shall be held strictly confidential pursuant to
section 19a-25 by the department.
[(d)] (e) All information obtained by the department for the maternal
mortality review program shall be confidential pursuant to section 19a-
25.
[(e)] (f) Notwithstanding subsection [(d)] (e) of this section, the
department may provide the maternal mortality review committee,
established pursuant to section 19a-59i, with information as is necessary,
in the department's discretion, for the committee to make
recommendations regarding the prevention of maternal death.
Sec. 82. (NEW) (Effective October 1, 2021) (a) As used in this section:
(1) "Bottled water" has the same meaning as defined in section 21a-
150 of the general statutes;
(2) "Commissioner" means the Commissioner of Public Health, or his
or her designee;
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(3) "Department" means the Department of Public Health;
(4) "Fill station" means a location at which customers of a water
company may obtain potable water;
(5) "Small community water system" has the same meaning as
provided in section 19a-37e of the general statutes; and
(6) "Water company" has the same meaning as provided in section 25-
32a of the general statutes.
(b) A water company shall update its emergency contingency plan
prepared pursuant to section 25-32d of the general statutes and section
25-32d-3 of the regulations of Connecticut state agencies, to include
information regarding the provision of alternative sources of potable
water for human consumption that can be utilized as a temporary
measure when there is a water supply emergency. Such plan shall
identify alternative sources of potable water for possible use at various
stages of an emergency, including, but not limited to, bulk water
provided by a bulk water hauler licensed pursuant to section 20-278h of
the general statutes, bottled water, a fill station, interconnection or
agreement with a nearby public water system for supplemental water
supplies in the event of an emergency, other approved public water
supply source or mechanism for providing water identified in the
emergency contingency plan, or as otherwise approved by the
commissioner. The commissioner, in consultation with water
companies, shall prepare materials and provide guidance to such water
companies to implement the provisions of this subsection. Nothing in
this section shall prevent a water company from providing an
alternative source of potable water for an event lasting less than twelve
hours that may adversely impact the quality or quantity of potable
water supplies. As used in this subsection, "water supply emergency"
means any event lasting more than twelve consecutive hours that results
in the water supplied from the water company to residents that is not in
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compliance with the regulations of Connecticut state agencies
concerning the purity and adequacy of drinking water.
(c) A small community water system shall update its emergency
response plan required pursuant to section 19-13-B102 of the regulations
of Connecticut state agencies to include information regarding the
provision of alternative sources of potable water for human
consumption that can be utilized as a temporary measure when there is
a water supply emergency. Such plan shall identify alternative sources
of potable water for possible use at various stages of an emergency,
including, but not limited to, bulk water provided by a bulk water
hauler licensed pursuant to section 20-278h of the general statutes,
bottled water, a fill station, interconnection or agreement with a nearby
public water system for supplemental water supplies in the event of an
emergency, or other approved public water supply source or
mechanism for providing water identified in the emergency
contingency plan. The commissioner, in consultation with small
community water systems, shall prepare materials and provide
guidance to such water systems to implement the provisions of this
section. Nothing in this section shall prevent a small community water
system from providing an alternative source of potable water for an
event lasting less than twelve hours that may adversely impact the
quality or quantity of potable water supplies. As used in this subsection,
"water supply emergency" means any event lasting more than twelve
consecutive hours that results in the water supplied from the small
community water system to residents that is not in compliance with the
regulations of Connecticut state agencies concerning the purity and
adequacy of drinking water.
Sec. 83. (NEW) (Effective October 1, 2021) A water company shall
provide tier 1 notices to its consumers in the languages predominantly
spoken by the consumers in the water company's service area. A water
company shall update its emergency response plan prepared pursuant
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to section 25-32d of the general statutes or pursuant to section 19-13-
B102 of the regulations of Connecticut state agencies to include
information
regarding
the
provision
of
such
multilingual
communications. As used in this section, "water company" has the same
meaning as provided in section 25-32a of the general statutes and "tier 1
notices" has the same meaning as provided in section 19-13-B102 of the
regulations of Connecticut state agencies.
Sec. 84. (NEW) (Effective October 1, 2021) In the event that the
Governor declares a state of civil preparedness emergency pursuant to
section 28-9 of the general statutes, or a public health emergency,
pursuant to section 19a-131 of the general statutes, each community
water system shall report the community water system's operational
status to WebEOC as soon as practicable, but not later than eight hours
after the time reporting on WebEOC is made available regarding such
declaration, and at any time thereafter that the status of such system
significantly changes. As used in this section, "community water
system" means a public water system that serves at least twenty-five
residents, and "WebEOC" means a web-based emergency management
information system used by the state to document routine and
emergency events or incidents and provide a real-time common
operating picture and resource request management tool for emergency
managers at the local and state levels during exercises, drills, local or
regional emergencies or state-wide emergencies.
Sec. 85. (NEW) (Effective October 1, 2021) (a) As used in this section:
(1) "Consumer" has the same meaning as provided in section 25-32a
of the general statutes;
(2) "Owner" means the person or entity that owns or controls the
small community water system; and
(3) "Small community water system" has the same meaning as
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provided in section 19a-37e of the general statutes.
(b) Not later than January 1, 2025, each owner of a small community
water system shall complete a small community water system capacity
implementation plan on a form prescribed by the Department of Public
Health demonstrating that such owner has the managerial, technical
and financial capacity to continue to own and operate such system and
shall implement such plan. Following the completion of the initial small
community water system capacity implementation plan, each small
community water system shall update such small community water
system capacity implementation plan annually and make such small
community water system capacity implementation plan available to the
department upon request. Such plan shall include:
(1) A description of the small community water system, including the
number of consumers and persons served and sources of drinking
water;
(2) Ownership and management information, including the type of
ownership structure and the current names, addresses and telephone
numbers of the owners, certified operators and emergency contact
persons for the small community water system;
(3) Service area maps;
(4) Facilities maps, including the location of and specific information
regarding sources, storage facilities, treatment facilities, pressure zones,
booster pumps, hydrants, distribution lines, valves and sampling
points;
(5) A description of such system's cross-connection control program;
(6) A description of such system's source water protection program;
(7) A copy of such system's emergency response plan required
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pursuant to section 19-13-B102 of the regulations of Connecticut state
agencies;
(8) A capital improvement program, including the schedule that
identifies all capital improvements scheduled for a five-year planning
period and capital improvements or major projects scheduled for a
twenty-year planning period;
(9) Water production and consumption information;
(10) Information regarding public water systems that are nearby,
including the distance from the small community water system and type
of public water system, if any. Such information shall be based on the
coordinated water system plan approved by the Commissioner of
Public Health pursuant to section 25-33h of the general statutes for the
water utility coordinating committee in which such small community
water system is located; and
(11) Financial capacity information, including:
(A) An evaluation of the small community water system's fiscal and
assessment management plan prepared pursuant to section 19a-37e of
the general statutes;
(B) A summary of the income and expenses for the five years
preceding the date of submission of the plan;
(C) A five-year balanced operation budget;
(D) Water rate structure and fees charged, including information
regarding how such rates and fees are updated and whether such rates
and fees are sufficient to maintain cash flow stability and to fund the
capital
improvement
program,
as
well
as
any
emergency
improvements; and
(E) An evaluation that has considered the affordability of water rates.
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(c) On or before July 1, 2025, and annually thereafter, the small
community water system shall provide a summary of its small
community water system capacity plan in the small community water
system's consumer confidence report required by section 19-13-B102 of
the regulations of Connecticut state agencies.
(d) The provisions of this section shall not apply to a small
community water system that is (1) regulated by the Public Utilities
Regulatory Authority, (2) subject to the requirements set forth in section
25-32d of the general statutes, or (3) a state agency.
(e) The provisions of this section shall be deemed to relate to the
purity and adequacy of water supplies for the purposes of the
imposition of a penalty under section 25-32e of the general statutes.
(f) The commissioner may adopt regulations, in accordance with the
provisions of chapter 54 of the general statutes, to carry out the
provisions of this section.
Sec. 86. Section 21a-150b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) Qualified employees of a bottler shall collect samples of water
from each approved source used by such bottler not less than once
annually to test for contaminants for which allowable levels have been
established in accordance with 21 CFR 165.110 and regulations adopted
pursuant to sections 21a-150 to 21a-150j, inclusive, and not less than
once every three years to test for contaminants for which monitoring is
required pursuant to sections 21a-150 to 21a-150j, inclusive, but for
which no allowable level has been established. Qualified employees of
an approved laboratory shall analyze such samples to determine
whether such source complies with the provisions of sections 21a-150 to
21a-150j, inclusive, any regulation adopted pursuant to said sections
and any allowable contaminant level set forth in 21 CFR 165.110.
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Microbiological analysis shall be conducted not less than once each
calendar quarter if the source of such water is other than a public water
supply and shall be in addition to any sampling and analysis conducted
by any government agency or laboratory.
(b) Qualified employees of a bottler shall collect samples of water
from any source used by such bottler when such bottler knows or has
reason to believe that water obtained from such source contains an
unregulated contaminant in an amount which may adversely affect the
health or welfare of the public. Qualified employees of an approved
laboratory shall analyze such samples periodically to determine
whether water obtained from any such source is safe for public
consumption or use.
(c) On or before January 1, 2022, and annually thereafter, qualified
employees of a bottler shall (1) collect samples of water from each
approved source that is located in the state, that has been inspected and
approved by the Department of Public Health pursuant to subdivision
(2) of subsection (a) of section 21a-150a and is used by such bottler, prior
to any treatment, to test for perfluoroalkyl substances and other
unregulated contaminants, and (2) have such samples analyzed by an
environmental laboratory registered by the Department of Public
Health pursuant to section 19a-29a that has the Environmental
Protection Agency approved certification to conduct such analysis. As
used in this subsection, "unregulated contaminant" means a
contaminant for which the Commissioner of Public Health, pursuant to
section 22a-471, has set a level at which such contaminant creates or can
reasonably be expected to create an unacceptable risk of injury to the
health or safety of persons drinking such source of water.
Sec. 87. Section 21a-150d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) A laboratory which analyzes any water sample in accordance with
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any provision of sections 21a-150 to 21a-150j, inclusive, shall report the
results of such analysis to the bottler of such water.
(b) Such results shall be available for inspection by the Department
of Consumer Protection.
(c) A bottler shall report any result which indicates that a water
sample contains contaminants in an amount exceeding any applicable
standard to the Department of Consumer Protection not later than
twenty-four hours after learning of such result.
(d) A bottler shall report the results of the analysis conducted
pursuant to subsection (c) of section 21a-150b, as amended by this act,
to the Department of Public Health and the Department of Consumer
Protection not later than nine calendar days after receipt of the results
from the environmental laboratory. If such results exceed the level set
by the Commissioner of Public Health pursuant to section 22a-471 for
such perfluoroalkyl substances and other unregulated contaminants,
the Department of Public Health may require such bottler to discontinue
use of its approved source until such source no longer creates an
unacceptable risk of injury to the health or safety of persons drinking
the bottled water that comes from such source. The Department of
Public Health shall notify the Department of Consumer Protection of
any source for which the Department of Public Health has discontinued
use until such source no longer creates an unacceptable risk of injury to
the health or safety of the persons drinking the bottled water that comes
from such source. As used in this subsection, "unregulated
contaminant" means a contaminant for which the Commissioner of
Public Health, pursuant to section 22a-471, has set a level at which such
contaminant creates or can reasonably be expected to create an
unacceptable risk of injury to the health or safety of the persons drinking
such source of water.
[(d)] (e) All records of any sampling or analysis conducted in
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accordance with the provisions of sections 21a-150 to 21a-150j, inclusive,
shall be maintained on the premises of the bottler for not less than five
years.
Sec. 88. Section 25-40a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) Not later than twenty-four hours after obtaining a public water
system test result that shows a contaminant at a level that is in violation
of the federal Environmental Protection Agency national primary
drinking water standards for a public water system that does not submit
a water supply plan pursuant to section 25-32d of the general statutes,
the environmental laboratory that performed the test shall notify any
persons who requested such test or such person's designee, in a form
and manner prescribed by the Commissioner of Public Health, of such
test result. Such person shall notify the Department of Public Health in
a form and manner prescribed by the Commissioner of Public Health
not later than twenty-four hours after obtaining such notification. As
used in this subsection, "contaminant" means e. coli, lead, nitrate and
nitrite.
(b) Not later than five business days after receiving notice that a
public water system is in violation of the federal Environmental
Protection Agency national primary drinking water standards, the
Commissioner of Public Health, or the commissioner's designee, shall
give written or electronic notification of such violation to the chief
elected official of the municipality where such public water system is
located and of any municipality that is served by such public water
system.
Sec. 89. (NEW) (Effective October 1, 2021) Each health care institution,
as defined in section 19a-490 of the general statutes, required to obtain
potable water as a temporary measure to alleviate a water supply
shortage shall obtain such potable water from (1) a bulk water hauler,
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licensed pursuant to section 20-278h of the general statutes, or (2) a
bottler, as defined in section 21a-150 of the general statutes.
Sec. 90. Section 19a-175 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
As used in this chapter and section 19a-906, unless the context
otherwise requires:
(1) "Emergency medical service system" means a system which
provides for (A) the arrangement of personnel, facilities and equipment
for the efficient, effective and coordinated delivery of health care
services under emergency conditions, and (B) mobile integrated health
care;
(2) "Patient" means an injured or ill person or a person with a physical
disability requiring assistance and transportation;
(3) "Ambulance" means a motor vehicle specifically designed to carry
patients;
(4) "Ambulance service" means an organization which transports
patients;
(5) "Emergency medical technician" means a person who is certified
pursuant to chapter 384d;
[(6) "Ambulance driver" means a person whose primary function is
driving an ambulance;]
[(7)] (6) "Emergency medical services instructor" means a person who
is certified pursuant to chapter 384d;
[(8)] (7) "Communications facility" means any facility housing the
personnel and equipment for handling the emergency communications
needs of a particular geographic area;
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[(9)] (8) "Life saving equipment" means equipment used by
emergency medical personnel for the stabilization and treatment of
patients;
[(10)] (9) "Emergency medical service organization" means any
corporation or organization whether public, private or voluntary that
(A) is licensed or certified by the Department of Public Health's Office
of Emergency Medical Services, and (B) offers ambulance transportation
or treatment services to patients primarily under emergency conditions
or a mobile integrated health care program;
[(11)] (10) "Invalid coach" means a vehicle used exclusively for the
transportation of nonambulatory patients, who are not confined to
stretchers, to or from either a medical facility or the patient's home in
nonemergency situations or utilized in emergency situations as a
backup vehicle when insufficient emergency vehicles exist;
[(12)] (11) "Rescue service" means any organization, whether for-
profit or nonprofit, whose primary purpose is to search for persons who
have become lost or to render emergency service to persons who are in
dangerous or perilous circumstances;
[(13)] (12) "Commissioner" means the Commissioner of Public
Health;
[(14)] (13) "Paramedic" means a person licensed pursuant to chapter
384d;
[(15)] (14) "Commercial ambulance service" means an ambulance
service which primarily operates for profit;
[(16)] (15) "Licensed ambulance service" means a commercial
ambulance service or a volunteer or municipal ambulance service issued
a license by the commissioner;
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[(17)] (16) "Certified ambulance service" means a municipal,
volunteer or nonprofit ambulance service issued a certificate by the
commissioner;
[(18)] (17) "Automatic external defibrillator" means a device that: (A)
Is used to administer an electric shock through the chest wall to the
heart;
(B)
contains
internal
decision-making
electronics,
microcomputers or special software that allows it to interpret
physiologic signals, make medical diagnosis and, if necessary, apply
therapy; (C) guides the user through the process of using the device by
audible or visual prompts; and (D) does not require the user to employ
any discretion or judgment in its use;
[(19)] (18) "Mutual aid call" means a call for emergency medical
services that, pursuant to the terms of a written agreement, is responded
to by a secondary or alternate emergency medical service organization
if the primary or designated emergency medical service organization is
unable to respond because such primary or designated emergency
medical service organization is responding to another call for
emergency medical services or the ambulance or nontransport
emergency vehicle operated by such primary or designated emergency
medical service organization is out of service. For purposes of this
subdivision, "nontransport emergency vehicle" means a vehicle used by
emergency medical technicians or paramedics in responding to
emergency calls that is not used to carry patients;
[(20)] (19) "Municipality" means the legislative body of a municipality
or the board of selectmen in the case of a municipality in which the
legislative body is a town meeting;
[(21)] (20) "Primary service area" means a specific geographic area to
which one designated emergency medical service organization is
assigned for each category of emergency medical response services;
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[(22)] (21) "Primary service area responder" means an emergency
medical service organization who is designated to respond to a victim
of sudden illness or injury in a primary service area;
[(23)] (22) "Interfacility critical care transport" means the interfacility
transport of a patient between licensed health care institutions;
[(24)] (23) "Advanced emergency medical technician" means an
individual who is certified as an advanced emergency medical
technician pursuant to chapter 384d;
[(25)] (24) "Emergency medical responder" means an individual who
is certified pursuant to chapter 384d;
[(26)] (25) "Medical oversight" means the active surveillance by
physicians of the provision of emergency medical services sufficient for
the assessment of overall emergency medical service practice levels, as
defined by state-wide protocols;
[(27)] (26) "Office of Emergency Medical Services" means the office
established within the Department of Public Health pursuant to section
19a-178;
[(28)] (27) "Sponsor hospital" means a hospital that has agreed to
maintain staff for the provision of medical oversight, supervision and
direction to an emergency medical service organization and its
personnel and has been approved for such activity by the Department
of Public Health;
[(29)] (28) "Paramedic intercept service" means paramedic treatment
services provided by an entity that does not provide the ground
ambulance transport;
[(30)] (29) "Authorized emergency medical services vehicle" means an
ambulance, invalid coach or advanced emergency technician-staffed
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intercept vehicle or a paramedic-staffed intercept vehicle licensed or
certified by the Department of Public Health for purposes of providing
emergency medical care to patients; [and]
[(31)] (30) "Emergency medical services personnel" means an
individual certified to practice as an emergency medical responder,
emergency
medical
technician,
advanced
emergency
medical
technician, emergency medical services instructor or an individual
licensed as a paramedic; [.]
[(32)] (31) "Mobile integrated health care program" means a program
approved by the commissioner in which a licensed or certified
ambulance service or paramedic intercept service provides services,
including clinically appropriate medical evaluations, treatment,
transport or referrals to other health care providers under
nonemergency conditions by a paramedic acting within the scope of his
or her practice as part of an emergency medical services organization
within the emergency medical services system; and
[(33)] (32) "Alternate destination" means a destination other than an
emergency department that is a medically appropriate facility.
Sec. 91. Section 19a-562 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) As used in this section and section 19a-562a, as amended by this
act, ["Alzheimer's special care unit or program"] "dementia special care
unit or program" means any nursing facility, residential care home,
assisted living facility, adult congregate living facility, adult day care
center, hospice or adult foster home that locks, secures, segregates or
provides a special program or unit for residents with a diagnosis of
probable Alzheimer's disease, dementia or other similar disorder, in
order to prevent or limit access by a resident outside the designated or
separated area, or that advertises or markets the facility as providing
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specialized care or services for persons suffering from Alzheimer's
disease or dementia.
(b) On and after January 1, 2007, each [Alzheimer's] dementia special
care unit or program shall provide written disclosure to any person who
will be placed in such a unit or program or to that person's legal
representative or other responsible party. Such disclosure shall be
signed by the patient or responsible party and shall explain what
additional care and treatment or specialized program will be provided
in the [Alzheimer's] dementia special care unit or program that is
distinct from the care and treatment required by applicable licensing
rules and regulations, including, but not limited to:
(1) Philosophy. A written statement of the overall philosophy and
mission of the [Alzheimer's] dementia special care unit or program that
reflects the needs of residents with Alzheimer's disease, dementia or
other similar disorders.
(2) Preadmission, admission and discharge. The process and criteria
for placement within or transfer or discharge from the [Alzheimer's]
dementia special care unit or program.
(3) Assessment, care planning and implementation. The process used
for assessing and establishing and implementing the plan of care,
including the method by which the plan of care is modified in response
to changes in condition.
(4) Staffing patterns and training ratios. The nature and extent of staff
coverage, including staff to patient ratios and staff training and
continuing education.
(5) Physical environment. The physical environment and design
features appropriate to support the functioning of cognitively impaired
adult residents.
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(6) Residents' activities. The frequency and types of resident activities
and the ratio of residents to recreation staff.
(7) Family role in care. The involvement of families and family
support programs.
(8) Program costs. The cost of care and any additional fees.
(c) Each [Alzheimer's] dementia special care unit or program shall
develop a standard disclosure form for compliance with subsection (b)
of this section and shall annually review and verify the accuracy of the
information provided by [Alzheimer's] dementia special care units or
programs. Each [Alzheimer's] dementia special care unit or program
shall update any significant change to the information reported
pursuant to subsection (b) of this section not later than thirty days after
such change.
Sec. 92. Section 19a-562a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Each nursing home facility that is not a residential care home or
an [Alzheimer's] dementia special care unit or program shall (1)
annually provide a minimum of two hours of training in pain
recognition and administration of pain management techniques, and (2)
provide a minimum of one hour of training in oral health and oral
hygiene techniques not later than one year after the date of hire and
subsequent training in said techniques annually thereafter, to all
licensed and registered direct care staff and nurse's aides who provide
direct patient care to residents.
(b) Each [Alzheimer's] dementia special care unit or program shall
annually provide Alzheimer's and dementia specific training to all
licensed and registered direct care staff and nurse's aides who provide
direct patient care to residents enrolled in the [Alzheimer's] dementia
special care unit or program. Such requirements shall include, but not
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be limited to, (1) not less than eight hours of dementia-specific training,
which shall be completed not later than six months after the date of
employment or, if the date of employment is on or after October 1, 2014,
not later than one hundred twenty days after the date of employment
and not less than eight hours of such training annually thereafter, and
(2) annual training of not less than two hours in pain recognition and
administration of pain management techniques for direct care staff.
(c) Each [Alzheimer's] dementia special care unit or program shall
annually provide a minimum of one hour of Alzheimer's and dementia
specific training to all unlicensed and unregistered staff, except nurse's
aides, who provide services and care to residents enrolled in the
[Alzheimer's] dementia special care unit or program. For such staff
hired on or after October 1, 2007, such training shall be completed not
later than six months after the date of employment and, for such staff
hired on or after October 1, 2014, not later than one hundred twenty
days after the date of employment.
Sec. 93. Section 2 of substitute senate bill 2 of public act 21-46 is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) As used in this section:
(1) "Contact hour" means a minimum of fifty minutes of continuing
education and activities; and
(2) "Registration period" means the one-year period for which a
license has been renewed in accordance with section 19a-88 of the
general statutes, as amended by this act, and is current and valid.
(b) [For registration periods beginning on and after January 1, 2022, a
physician assistant licensed pursuant to chapter 370 of the general
statutes applying for license renewal shall, during the first renewal
period and not less than once every six years thereafter, earn not less
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than two contact hours of training or education administered by the
American Association of Physician Assistants, a hospital or other
licensed health care institution or a regionally accredited institution of
higher education, on (1) screening for post-traumatic stress disorder,
risk of suicide, depression and grief, and (2) suicide prevention
training.] Each person holding a license as a physician assistant shall,
annually, during the month of such person's birth, register with the
Department of Public Health, upon payment of a fee of one hundred
fifty dollars, on blanks to be furnished by the department for such
purpose, giving such person's name in full, such person's residence and
business address and such other information as the department
requests. No such license shall be renewed unless the department is
satisfied that the practitioner (1) has met the mandatory continuing
medical education requirements of the National Commission on
Certification of Physician Assistants or a successor organization for the
certification or recertification of physician assistants that may be
approved by the department; (2) has passed any examination or
continued competency assessment the passage of which may be
required by said commission for maintenance of current certification by
said commission; (3) has completed not less than one contact hour of
training or education in prescribing controlled substances and pain
management in the preceding two-year period; and (4) for registration
periods beginning on or before January 1, 2022, during the first renewal
period and not less than once every six years thereafter, earn not less
than two contact hours of training or education screening for post-
traumatic stress disorder, risk of suicide, depression and grief and
suicide prevention training administered by the American Association
of Physician Assistants, a hospital or other licensed health care
institution or a regionally accredited institution of higher education.
(c) Each physician assistant applying for license renewal pursuant to
section 19a-88 of the general statutes, as amended by this act, shall sign
a statement attesting that he or she has satisfied the continuing
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education requirements of subsection (b) of this section on a form
prescribed by the Department of Health. Each licensee shall retain
records of attendance or certificates of completion that demonstrate
compliance with the continuing education requirements of subsection
(b) of this section for a minimum of three years following the year in
which the continuing education was completed and shall submit such
records or certificates to the department for inspection not later than
forty-five days after a request by the department for such records or
certificates.
Sec. 94. Subsection (c) of section 19a-88 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(c) (1) Each person holding a license to practice as a registered nurse,
shall, annually, during the month of such person's birth, register with
the Department of Public Health, upon payment of one hundred ten
dollars, on blanks to be furnished by the department for such purpose,
giving such person's name in full, such person's residence and business
address and such other information as the department requests. Each
person holding a license to practice as a registered nurse who has retired
from the profession may renew such license, but the fee shall be ten per
cent of the professional services fee for class B, as defined in section 33-
182l, plus five dollars. Any license provided by the department at a
reduced fee shall indicate that the registered nurse is retired.
(2) Each person holding a license as an advanced practice registered
nurse shall, annually, during the month of such person's birth, register
with the Department of Public Health, upon payment of one hundred
thirty dollars, on blanks to be furnished by the department for such
purpose, giving such person's name in full, such person's residence and
business address and such other information as the department
requests. No such license shall be renewed unless the department is
satisfied that the person maintains current certification as either a nurse
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practitioner, a clinical nurse specialist or a nurse anesthetist from one of
the following national certifying bodies which certify nurses in
advanced practice: The American Nurses' Association, the Nurses'
Association of the American College of Obstetricians and Gynecologists
Certification Corporation, the National Board of Pediatric Nurse
Practitioners and Associates or the American Association of Nurse
Anesthetists. Each person holding a license to practice as an advanced
practice registered nurse who has retired from the profession may
renew such license, but the fee shall be ten per cent of the professional
services fee for class C, as defined in section 33-182l, plus five dollars.
Any license provided by the department at a reduced fee shall indicate
that the advanced practice registered nurse is retired.
(3) Each person holding a license as a licensed practical nurse shall,
annually, during the month of such person's birth, register with the
Department of Public Health, upon payment of seventy dollars, on
blanks to be furnished by the department for such purpose, giving such
person's name in full, such person's residence and business address and
such other information as the department requests. Each person holding
a license to practice as a licensed practical nurse who has retired from
the profession may renew such license, but the fee shall be ten per cent
of the professional services fee for class A, as defined in section 33-182l,
plus five dollars. Any license provided by the department at a reduced
fee shall indicate that the licensed practical nurse is retired.
(4) Each person holding a license as a nurse-midwife shall, annually,
during the month of such person's birth, register with the Department
of Public Health, upon payment of one hundred thirty dollars, on blanks
to be furnished by the department for such purpose, giving such
person's name in full, such person's residence and business address and
such other information as the department requests. No such license shall
be renewed unless the department is satisfied that the person maintains
current certification from the Accreditation Midwifery Certification
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Board.
(5) (A) Each person holding a license to practice physical therapy
shall, annually, during the month of such person's birth, register with
the Department of Public Health, upon payment of the professional
services fee for class B, as defined in section 33-182l, plus five dollars, on
blanks to be furnished by the department for such purpose, giving such
person's name in full, such person's residence and business address and
such other information as the department requests.
(B) Each person holding a physical therapist assistant license shall,
annually, during the month of such person's birth, register with the
Department of Public Health, upon payment of the professional services
fee for class A, as defined in section 33-182l, plus five dollars, on blanks
to be furnished by the department for such purpose, giving such
person's name in full, such person's residence and business address and
such other information as the department requests.
[(6) Each person holding a license as a physician assistant shall,
annually, during the month of such person's birth, register with the
Department of Public Health, upon payment of a fee of one hundred
fifty-five dollars, on blanks to be furnished by the department for such
purpose, giving such person's name in full, such person's residence and
business address and such other information as the department
requests. No such license shall be renewed unless the department is
satisfied that the practitioner (A) has met the mandatory continuing
medical education requirements of the National Commission on
Certification of Physician Assistants or a successor organization for the
certification or recertification of physician assistants that may be
approved by the department, (B) has passed any examination or
continued competency assessment the passage of which may be
required by said commission for maintenance of current certification by
said commission, and (C) has completed not less than one contact hour
of training or education in prescribing controlled substances and pain
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management in the preceding two-year period.]
Sec. 95. Section 20-206mm of the general statutes, as amended by
section 9 of substitute senate bill 2 of public act 21-46, is repealed and
the following is substituted in lieu thereof (Effective July 1, 2021):
(a) Except as provided in subsections (b) and (c) of this section, an
applicant for a license as a paramedic shall submit evidence satisfactory
to the Commissioner of Public Health that the applicant has successfully
(1) completed a paramedic training program approved by the
commissioner, (2) for applicants applying on and after January 1, 2020,
completed mental health first aid training as part of a program provided
by an instructor certified by the National Council for Behavioral Health,
and (3) passed an examination prescribed by the commissioner.
(b) An applicant for licensure by endorsement shall present evidence
satisfactory to the commissioner that the applicant (1) is licensed or
certified as a paramedic in another state or jurisdiction whose
requirements for practicing in such capacity are substantially similar to
or higher than those of this state and that the applicant has no pending
disciplinary action or unresolved complaint against him or her, or (2)
(A) is currently licensed or certified as a paramedic in good standing in
any New England state, New York or New Jersey, (B) has completed an
initial training program consistent with the National Emergency
Medical Services Education Standards, as promulgated by the National
Highway Traffic Safety Administration for the paramedic scope of
practice model conducted by an organization offering a program that is
recognized by the national emergency medical services program
accrediting organization, (C) for applicants applying on or after January
1, 2020, has completed mental health first aid training as part of a
program provided by an instructor certified by the National Council for
Behavioral Health, and (D) has no pending disciplinary action or
unresolved complaint against him or her.
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(c) Any person who is certified as an emergency medical technician-
paramedic by the Department of Public Health on October 1, 1997, shall
be deemed a licensed paramedic. Any person so deemed shall renew his
license pursuant to section 19a-88, as amended by this act, for a fee of
one hundred fifty-five dollars.
(d) On or after January 1, 2020, each person seeking certification as an
emergency medical responder, emergency medical technician or
advanced emergency medical technician shall apply to the department
on forms prescribed by the commissioner. Applicants for certification
shall comply with the following requirements: (1) For initial
certification, an applicant shall present evidence satisfactory to the
commissioner that the applicant (A) has completed an initial training
program consistent with the National Emergency Medical Services
Education Standards, as promulgated by the National Highway Traffic
Safety Administration for the emergency medical responder, emergency
medical technician or advanced emergency medical technician
curriculum, (B) has passed the examination administered by the
national organization for emergency medical certification for an
emergency medical responder, emergency medical technician or
advanced emergency medical technician as necessary for the type of
certification sought by the applicant or an examination approved by the
department, and (C) has no pending disciplinary action or unresolved
complaints against such applicant, (2) a certificate issued under this
subsection shall be renewed once every two years in accordance with
the provisions of section 19a-88, as amended by this act, upon
presentation of evidence satisfactory to the commissioner that the
applicant (A) has successfully completed continuing education for an
emergency medical responder, emergency medical technician or
advanced emergency medical technician as required by the national
organization for emergency medical certification or as approved by the
department, or (B) presents a current certification as an emergency
medical responder, emergency medical technician or advanced
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emergency medical technician from the national organization for
emergency medical certification, or (3) for certification by endorsement
from another state, an applicant shall present evidence satisfactory to
the commissioner that the applicant (A) is currently certified as an
emergency medical responder, emergency medical technician or
advanced emergency medical technician in good standing by a state that
maintains certification or licensing requirements that the commissioner
determines are equal to or greater than those in this state, or (B) holds a
current certification as an emergency medical responder, emergency
medical technician or advanced emergency medical technician from the
national organization for emergency medical certification.
(e) On or after January 1, 2022, each person seeking renewal of a
certification as an emergency medical responder, [or] emergency
medical technician or advanced emergency medical technician under
subdivision (2) of subsection (d) of this section, shall present evidence
satisfactory to the commissioner that such person has, in the previous
six year period, completed (1) the evidence-based youth suicide
prevention training program administered pursuant to section 1 of
substitute senate bill 2 of public act 21-46, or (2) not less than two hours
of training or education, approved by the Commissioner of Public
Health, on (A) screening for post-traumatic stress disorder, risk of
suicide, depression and grief, and (B) suicide prevention.
(f) On or after January 1, 2020, each person seeking certification as an
emergency medical services instructor shall apply to the department on
forms prescribed by the commissioner. Applicants for certification shall
comply with the following requirements: (1) For initial certification, an
applicant shall present evidence satisfactory to the commissioner that
the applicant (A) is currently certified by the department as an
emergency medical technician or advanced emergency medical
technician or licensed by the department as a paramedic, (B) has
completed a program of training as an emergency medical instructor
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based on current national education standards within the prior two
years, (C) has completed twenty-five hours of teaching activity under
the supervision of a currently certified emergency medical services
instructor, (D) has completed written and practical examinations as
prescribed by the commissioner, (E) has no pending disciplinary action
or unresolved complaints against the applicant, and (F) effective on a
date prescribed by the commissioner, presents documentation
satisfactory to the commissioner that the applicant is currently certified
as an emergency medical technician, advanced emergency medical
technician or paramedic by the national organization for emergency
medical certification, or (2) for renewal certification, an applicant shall
present evidence satisfactory to the commissioner that the applicant (A)
has successfully completed continuing education and teaching activity
as required by the department, [which, on and after January 1, 2022,
shall include not less than two hours of training or education, approved
by the Commissioner of Public Health, on (i) screening for post-
traumatic stress disorder, risk of suicide, depression and grief, and (ii)
suicide prevention training, during the first renewal period and not less
than once every six years thereafter,] (B) maintains current certification
by the department as an emergency medical technician, advanced
emergency medical technician or licensure by the department as a
paramedic, and (C) effective on a date as prescribed by the
commissioner,
presents
documentation
satisfactory
to
the
commissioner that the applicant is currently certified as an emergency
medical technician, advanced emergency medical technician or
paramedic by the national organization for emergency medical
certification.
(g) A certified emergency medical responder, emergency medical
technician, advanced emergency medical technician or emergency
medical services instructor shall document the completion of his or her
continuing educational requirements [through the continuing education
platform Internet web site] in a form and manner prescribed by the
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commissioner. A certified emergency medical responder, emergency
medical technician, advanced emergency medical technician or
emergency medical services instructor who is not engaged in active
professional practice in any form during a certification period shall be
exempt from the continuing education requirements of this section,
provided the emergency medical responder, emergency medical
technician, advanced emergency medical technician or emergency
medical services instructor submits to the department, prior to the
expiration of the certification period, an application for inactive status
on a form prescribed by the department and such other documentation
as may be required by the department. The application for inactive
status pursuant to this subsection shall contain a statement that the
emergency medical responder, emergency medical technician,
advanced emergency medical technician or emergency medical services
instructor may not engage in professional practice until the continuing
education requirements of this section have been met.
(h) The commissioner may issue a temporary emergency medical
technician certificate to an applicant who presents evidence satisfactory
to the commissioner that (1) the applicant was certified by the
department as an emergency medical technician prior to becoming
licensed as a paramedic pursuant to section 20-206ll, or (2) the
applicant's certification as an emergency medical technician has expired
and the applicant's license as a paramedic has become void pursuant to
section 19a-88, as amended by this act. Such temporary certificate shall
be valid for a period not to exceed one year and shall not be renewable.
(i) An applicant who is issued a temporary emergency medical
technician certificate pursuant to subsection (h) of this section may,
prior to the expiration of such temporary certificate, apply to the
department for: (1) Renewal of such person's paramedic license, giving
such person's name in full, such person's residence and business address
and such other information as the department requests, provided the
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application for license renewal is accompanied by evidence satisfactory
to the commissioner that the applicant was under the medical oversight
of a sponsor hospital, as those terms are defined in section 19a-175, as
amended by this act, on the date the applicant's paramedic license
became void for nonrenewal; or (2) recertification as an emergency
medical technician, provided the application for recertification is
accompanied by evidence satisfactory to the commissioner that the
applicant completed emergency medical technician refresher training
approved by the commissioner not later than one year after issuance of
the temporary emergency medical technician certificate.
The
department shall recertify such person as an emergency medical
technician without the examination required for initial certification
specified in regulations adopted by the commissioner pursuant to
section 20-206oo.
(j) Any person certified as an emergency medical responder,
emergency medical technician, advanced emergency medical technician
or emergency medical services instructor pursuant to this chapter and
the regulations adopted pursuant to section 20-206oo whose
certification has expired may apply to the Department of Public Health
for reinstatement of such certification, provided such person completes
the requirements for renewal certification specified in this section. Any
certificate issued pursuant to this section shall remain valid for ninety
days after the expiration date of such certificate and become void upon
the expiration of such ninety-day period.
(k) The Commissioner of Public Health shall issue an emergency
medical technician certification to an applicant who is a member of the
armed forces or the National Guard or a veteran and who (1) presents
evidence satisfactory to the commissioner that such applicant holds a
current certification as a person entitled to perform similar services
under a different designation by the National Registry of Emergency
Medical Technicians, or (2) satisfies the regulations promulgated
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pursuant to subdivision (3) of subsection (a) of section 19a-179. Such
applicant shall be exempt from any written or practical examination
requirement for certification.
(l) For the purposes of this section, "veteran" means any person who
was discharged or released under conditions other than dishonorable
from active service in the armed forces and "armed forces" has the same
meaning as provided in section 27-103.
Sec. 96. Subdivision (2) of subsection (e) of section 14-100a of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(2) The following motor vehicles registered in this state for the first
time on or after October 1, 2007, that transport individuals who remain
in wheelchairs while being transported, shall, in addition to the
requirements of subdivision (1) of this subsection, install or provide and
require the use of a device that secures the wheelchair to the motor
vehicle's mechanical lift or otherwise prevents or seeks to prevent an
individual in a wheelchair from falling from such mechanical lift or
motor vehicle: (A) Motor vehicles in livery service, as defined in section
13b-101, (B) service buses, as defined in section 14-1, (C) invalid coaches,
as defined in [subdivision (11) of] section 19a-175, as amended by this
act, (D) vanpool vehicles, as defined in section 14-1, (E) school buses, as
defined in section 14-1, (F) motor buses, as defined in section 14-1, (G)
student transportation vehicles, as defined in section 14-212, and (H)
camp vehicles, as defined in section 14-1. The provisions of this
subsection shall also apply to all motor vehicles used by municipal,
volunteer and commercial ambulance services and rescue services, as
defined in section 19a-175, as amended by this act.
Sec. 97. Subdivision (14) of subsection (b) of section 20-9 of the general
statutes is repealed and the following is substituted in lieu thereof
(Effective from passage):
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(14) Any person rendering service as a physician assistant licensed
pursuant to section 20-12b, a registered nurse, a licensed practical nurse
or a paramedic, as defined in [subdivision (14) of] section 19a-175, as
amended by this act, acting within the scope of regulations adopted
pursuant to section 19a-179, if such service is rendered under the
supervision, control and responsibility of a licensed physician;
Sec. 98. Section 20-195ff of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
The Commissioner of Public Health may adopt regulations, in
accordance with the provisions of chapter 54, to further the purposes of
subdivision (18) of subsection (c) of section 19a-14, subsection (e) of
section 19a-88, subdivision [(14)] (13) of section 19a-175, as amended by
this act, subsection (b) of section 20-9, as amended by this act, sections
20-195aa to 20-195ee, inclusive, and section 20-195gg.
Sec. 99. Section 20-226 of the general statutes is repealed. (Effective
from passage)