Text of CT HB 7135 (2025)

LCO No. 5636 1 of 14 General Assembly Raised Bill No. 7135 January Session, 2025 LCO No. 5636 Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT CONCERNING THE PROVISION OF REPRODUCTIVE AND GENDER-AFFIRMING HEALTH CARE SERVICES TO PATIENTS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 52-571m of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2025): 2 (a) As used in this section: 3 (1) "Reproductive health care services" includes all medical, surgical, 4 counseling or referral services relating to the human reproductive 5 system, including, but not limited to, services relating to pregnancy, 6 assisted reproduction, contraception or the termination of a pregnancy; 7 [and all medical care relating to treatment of gender dysphoria as set 8 forth in the most recent edition of the American Psychiatric 9 Association's "Diagnostic and Statistical Manual of Mental Disorders" 10 and gender incongruence, as defined in the most recent revision of the 11 "International Statistical Classification of Diseases and Related Health 12 Problems"; and] 13 (2) "Gender-affirming health care services" means all medical care 14 Raised Bill No. 7135 LCO No. 5636 2 of 14 related to the treatment of gender dysphoria as set forth in the most 15 recent edition of the American Psychiatric Association's "Diagnostic and 16 Statistical Manual of Mental Disorders" and gender incongruence, as 17 defined in the most recent revision of the "International Statistical 18 Classification of Diseases and Related Health Problems". "Gender- 19 affirming health care services" does not include "conversion therapy" as 20 defined in section 19a-907; and 21 [(2)] (3) "Person" includes an individual, a partnership, an association, 22 a limited liability company or a corporation. 23 (b) When any person has had a judgment entered against such 24 person, in any state, where liability, in whole or in part, is based on the 25 alleged provision, receipt, assistance in receipt or provision, material 26 support for, or any theory of vicarious, joint, several or conspiracy 27 liability derived therefrom, for reproductive health care services or 28 gender-affirming health care services that are permitted under the laws 29 of this state, regardless of whether the patient was physically located in 30 this state at the time the services were provided, such person may 31 recover damages from any party that brought the action leading to that 32 judgment or has sought to enforce that judgment. Recoverable damages 33 shall include: (1) Just damages created by the action that led to that 34 judgment, including, but not limited to, money damages in the amount 35 of the judgment in that other state and costs, expenses and reasonable 36 attorney's fees spent in defending the action that resulted in the entry of 37 a judgment in another state; and (2) costs, expenses and reasonable 38 attorney's fees incurred in bringing an action under this section as may 39 be allowed by the court. 40 (c) The provisions of this section shall not apply to a judgment 41 entered in another state that is based on: (1) An action founded in tort, 42 contract or statute, and for which a similar claim would exist under the 43 laws of this state, brought by the patient who received the reproductive 44 health care services or gender-affirming health care services upon which 45 the original lawsuit was based or the patient's authorized legal 46 Raised Bill No. 7135 LCO No. 5636 3 of 14 representative, for damages suffered by the patient or damages derived 47 from an individual's loss of consortium of the patient; (2) an action 48 founded in contract, and for which a similar claim would exist under 49 the laws of this state, brought or sought to be enforced by a party with 50 a contractual relationship with the person that is the subject of the 51 judgment entered in another state; or (3) an action where no part of the 52 acts that formed the basis for liability occurred in this state. 53 Sec. 2. Section 52-146w of the general statutes is repealed and the 54 following is substituted in lieu thereof (Effective July 1, 2025): 55 (a) Except as provided in sections 52-146c to 52-146k, inclusive, 56 sections 52-146o, 52-146p, 52-146q and 52-146s and subsection (b) of this 57 section, in any civil action or any proceeding preliminary thereto or in 58 any probate, legislative or administrative proceeding, no covered entity 59 or business associate, as defined in 45 CFR 160.103, shall disclose (1) any 60 communication made to such covered entity or business associate, or 61 any information obtained by such covered entity or business associate 62 from, a patient or the conservator, guardian or other authorized legal 63 representative of a patient relating to reproductive health care services 64 or gender-affirming health care services, as defined in section 52-571m, 65 as amended by this act, that are permitted under the laws of this state, 66 or (2) any information obtained by personal examination of a patient 67 relating to [reproductive health care services, as defined in section 52- 68 571m] such services, that are permitted under the laws of this state, 69 unless the patient or that patient's conservator, guardian or other 70 authorized legal representative explicitly consents in writing to such 71 disclosure. A covered entity shall inform the patient or the patient's 72 conservator, guardian or other authorized legal representative of the 73 patient's right to withhold such written consent. A covered entity or 74 business associate that receives a request for patient information related 75 to reproductive health care services or gender-affirming health care 76 services subject to the provisions of this section that does not fall under 77 any exemption in subsection (b) of this section and is not accompanied 78 by the written consent of the patient or the conservator, guardian or 79 Raised Bill No. 7135 LCO No. 5636 4 of 14 other authorized legal representative of the patient shall provide notice 80 of the request to the office of the Attorney General within seven days of 81 receipt of the request. The notice shall not contain any information that 82 identifies the patient or the conservator, guardian or other authorized 83 legal representative of the patient. 84 (b) Written consent of the patient or the patient's conservator, 85 guardian or other authorized legal representative shall not be required 86 for the disclosure of such communication or information (1) pursuant to 87 the laws of this state or the rules of court prescribed by the Judicial 88 Branch, (2) by a covered entity or business associate against whom a 89 claim has been made, or there is a reasonable belief will be made, in such 90 action or proceeding, to the covered entity's or business associate's 91 attorney or professional liability insurer or such insurer's agent for use 92 in the defense of such action or proceeding, (3) to the Commissioner of 93 Public Health for records of a patient of a covered entity in connection 94 with an investigation of a complaint, if such records are related to the 95 complaint, or (4) if child abuse, abuse of an elderly individual, abuse of 96 an individual who is physically disabled or incompetent or abuse of an 97 individual with intellectual disability is known or in good faith 98 suspected. 99 (c) Nothing in this section shall be construed to impede the lawful 100 sharing of medical records as permitted by state or federal law or the 101 rules of the court prescribed by the Judicial Branch, except in the case of 102 a subpoena commanding the production, copying or inspection of 103 medical records relating to reproductive health care services or gender- 104 affirming health care services, as defined in section 52-571m, as 105 amended by this act. 106 Sec. 3. Section 19a-17e of the general statutes is repealed and the 107 following is substituted in lieu thereof (Effective July 1, 2025): 108 (a) As used in this section, "reproductive health care services" [has] 109 and "gender-affirming health care services" have the same [meaning] 110 Raised Bill No. 7135 LCO No. 5636 5 of 14 meanings as provided in section 52-571m, as amended by this act. 111 (b) Notwithstanding the provisions of subsection (a) of section 19a- 112 14, the Department of Public Health shall not deny the eligibility of an 113 applicant for a (1) permit, (2) license by examination, endorsement or 114 reciprocity, or (3) reinstatement of a license (A) voided pursuant to the 115 provisions of subsection (f) of section 19a-88, (B) voluntarily 116 surrendered, or (C) by agreement, not renewed or reinstated pursuant 117 to the provisions of subsection (d) of section 19a-17 based on pending 118 disciplinary action, an unresolved complaint or the imposition of 119 disciplinary action against the applicant by a duly authorized 120 professional disciplinary agency of another state, the District of 121 Columbia or a commonwealth, territory or possession of the United 122 States that is based solely on the alleged provision of, receipt of, 123 assistance in provision or receipt of, material support for, or any theory 124 of vicarious, joint, several or conspiracy liability derived therefrom, 125 reproductive health care services or gender-affirming health care 126 services that are permitted under the laws of this state and were 127 provided in accordance with the standard of care applicable to such 128 services, regardless of whether the patient receiving such services was a 129 resident of this state. The provisions of this subsection shall not apply 130 where the underlying conduct of the applicant would constitute the 131 basis of disciplinary action against the applicant under the laws of this 132 state if the applicant had been licensed or permitted in this state and the 133 conduct had occurred in this state. 134 (c) Notwithstanding the provisions of section 19a-17, a board or 135 commission established under title 20 that has jurisdiction over persons 136 licensed, certified or registered under said title who provide 137 reproductive health care services or gender-affirming health care 138 services, and the Department of Public Health, with respect to 139 professions under the department's jurisdiction that are not subject to 140 discipline by such a board or commission, shall not impose disciplinary 141 action against a licensed, certified or registered person based on 142 pending disciplinary action, an unresolved complaint or the imposition 143 Raised Bill No. 7135 LCO No. 5636 6 of 14 of disciplinary action against such persons before or by a duly 144 authorized professional disciplinary agency of another state, the District 145 of Columbia, or a commonwealth, territory or possession of the United 146 States that is based solely on the alleged provision of, receipt of, 147 assistance in provision or receipt of, material support for, or any theory 148 of vicarious, joint, several or conspiracy liability derived therefrom, 149 reproductive health care services or gender-affirming health care 150 services that are permitted under the laws of this state and were 151 provided in accordance with the standard of care applicable to such 152 services, regardless of whether the patient receiving such services was a 153 resident of this state. The provisions of this subsection shall not apply 154 where the underlying conduct of the licensed, certified or registered 155 person would constitute the basis of disciplinary action against such 156 person under the laws of this state if the conduct had occurred in this 157 state. 158 Sec. 4. Section 19a-567 of the general statutes is repealed and the 159 following is substituted in lieu thereof (Effective July 1, 2025): 160 (a) As used in this section, (1) "credentialing" means the process of 161 assessing and validating the qualifications of a health care provider 162 applying to be approved to provide treatment, care or services in or for 163 an institution, (2) "health care provider" means a person licensed 164 pursuant to title 20 who provides reproductive health care services, (3) 165 "institution" has the same meaning as provided in section 19a-490, (4) 166 "privileging" means the process of authorizing a health care provider to 167 provide specific treatment, care or services at an institution, and (5) 168 "reproductive health care services" [has] and "gender-affirming health 169 care services" have the same [meaning] meanings as provided in section 170 52-571m, as amended by this act. 171 (b) An institution shall not revoke, suspend, reprimand, penalize, 172 refuse to issue or renew credentials or privileges or take any other 173 adverse action against a health care provider with respect to 174 credentialing or privileging based solely on the alleged provision of, 175 Raised Bill No. 7135 LCO No. 5636 7 of 14 receipt of, assistance in provision or receipt of, material support for, or 176 any theory of vicarious, joint, several or conspiracy liability derived 177 therefrom, reproductive health care services or gender-affirming health 178 care services that (1) are permitted under the laws of this state, (2) were 179 provided in accordance with the standard of care applicable to such 180 services, and (3) were provided by the health care provider (A) before 181 the date on which the health care provider entered an employment 182 relationship with the institution, or (B) outside the scope of the health 183 care provider's employment with the institution, regardless of whether 184 the patient receiving such services was a resident of this state. 185 (c) An institution shall not revoke, suspend, reprimand, penalize, 186 refuse to issue or renew credentials or privileges or take any other 187 adverse action against a health care provider based on pending 188 disciplinary action, an unresolved complaint or the imposition of 189 disciplinary action against the applicant by a duly authorized 190 professional disciplinary agency of another state, the District of 191 Columbia, or a commonwealth, territory or possession of the United 192 States that is based solely on the alleged provision of, receipt of, 193 assistance in provision or receipt of, material support for, or any theory 194 of vicarious, joint, several or conspiracy liability derived therefrom, 195 reproductive health care services or gender-affirming health care 196 services that (1) are permitted under the laws of this state, (2) were 197 provided in accordance with the standard of care applicable to such 198 services, and (3) were provided by the health care provider (A) before 199 the date on which the health care provider entered an employment 200 relationship with the institution, or (B) outside the scope of the health 201 care provider's employment with the institution, regardless of whether 202 the patient receiving such services was a resident of this state. 203 (d) The provisions of this section shall not be construed to prevent an 204 institution from taking any of the actions described in subsections (b) 205 and (c) of this section against a health care provider for conduct that (1) 206 does not conform to the standards of care for the provider's profession, 207 (2) is illegal under the laws of this state, or (3) violates policies or rules 208 Raised Bill No. 7135 LCO No. 5636 8 of 14 of the institution that define the scope of services provided by the 209 institution if (A) such conduct occurs within the scope of the health care 210 provider's employment with, or delivery of care at, the institution, and 211 (B) the institution's enforcement of such policies or rules is not otherwise 212 prohibited by law or regulation. 213 Sec. 5. Section 20-579a of the general statutes is repealed and the 214 following is substituted in lieu thereof (Effective July 1, 2025): 215 (a) As used in this section, "reproductive health care services" [has] 216 and "gender-affirming health care services" have the same [meaning] 217 meanings as provided in section 52-571m, as amended by this act. 218 (b) Notwithstanding any provision of this chapter, the Commissioner 219 of Consumer Protection and the Commission of Pharmacy shall not 220 deny the eligibility of an applicant for a license, permit or registration 221 under this chapter based on pending disciplinary action, an unresolved 222 complaint or the imposition of disciplinary action against the applicant 223 by a duly authorized professional disciplinary agency of another state, 224 the District of Columbia or a commonwealth, territory or possession of 225 the United States that is based solely on the alleged provision of, receipt 226 of, assistance in provision or receipt of, material support for, or any 227 theory of vicarious, joint, several or conspiracy liability derived 228 therefrom, reproductive health care services or gender-affirming health 229 care services that are permitted under the laws of this state and were 230 provided in accordance with the standard of care applicable to such 231 services, regardless of whether the patient receiving such services was a 232 resident of this state. The provisions of this subsection shall not apply 233 where the underlying conduct of the applicant would constitute the 234 basis of disciplinary action against the applicant under the laws of this 235 state if the applicant had been licensed, permitted or registered in this 236 state and the conduct had occurred in this state. 237 (c) Notwithstanding any provision of this chapter, the Commissioner 238 of Consumer Protection and the Commission of Pharmacy shall not 239 Raised Bill No. 7135 LCO No. 5636 9 of 14 impose disciplinary action against any person licensed, permitted or 240 registered pursuant to the provisions of this chapter based on pending 241 disciplinary action, an unresolved complaint or the imposition of 242 disciplinary action against the applicant by a duly authorized 243 professional disciplinary agency of another state, the District of 244 Columbia, or a commonwealth, territory or possession of the United 245 States that is based solely on the alleged provision of, receipt of, 246 assistance in provision or receipt of, material support for, or any theory 247 of vicarious, joint, several or conspiracy liability derived therefrom, 248 reproductive health care services or gender-affirming health care 249 services that are permitted under the laws of this state and were 250 provided in accordance with the standard of care applicable to such 251 services, regardless of whether the patient receiving such services was a 252 resident of this state. The provisions of this subsection shall not apply 253 where the underlying conduct of the person licensed, permitted or 254 registered would constitute the basis of disciplinary action against such 255 person under the laws of this state if such person had been licensed, 256 permitted or registered in this state and the conduct had occurred in this 257 state. 258 Sec. 6. Section 38a-835 of the general statutes is repealed and the 259 following is substituted in lieu thereof (Effective July 1, 2025): 260 (a) As used in this section, (1) "health care provider" means a person 261 licensed pursuant to title 20 who provides reproductive health care 262 services, (2) "insurer" means an insurer that insures a health care 263 provider against professional liability, and (3) "reproductive health care 264 services" [has] and gender-affirming health care services have the same 265 [meaning] meanings as provided in section 52-571m, as amended by this 266 act. 267 (b) An insurer shall not take any adverse action, including, but not 268 limited to, denial or revocation of coverage, sanctions, fines, penalties or 269 rate increases against a health care provider, if such action is based 270 solely on: 271 Raised Bill No. 7135 LCO No. 5636 10 of 14 (1) Such health care provider's alleged provision of, receipt of, 272 assistance in provision or receipt of, material support for, or any theory 273 of vicarious, joint, several or conspiracy liability derived therefrom, 274 reproductive health care services or gender-affirming health care 275 services that are permitted under the laws of this state and were 276 provided in accordance with the standard of care applicable to such 277 services, regardless of whether the patient receiving such services was a 278 resident of this state; or 279 (2) Pending disciplinary action, an unresolved complaint or the 280 imposition of disciplinary action against such health care provider by a 281 duly authorized professional disciplinary agency of another state, the 282 District of Columbia, or a commonwealth, territory or possession of the 283 United States that is based solely on the alleged provision of, receipt of, 284 assistance in provision or receipt of, material support for, or any theory 285 of vicarious, joint, several or conspiracy liability derived therefrom, 286 reproductive health care services or gender-affirming health care 287 services that are permitted under the laws of this state and were 288 provided in accordance with the standard of care applicable to such 289 services, regardless of whether the patient receiving such services was a 290 resident of this state. 291 Sec. 7. Section 52-155a of the general statutes is repealed and the 292 following is substituted in lieu thereof (Effective July 1, 2025): 293 Notwithstanding the provisions of sections 52-155 and 52-657, a 294 judge, justice of the peace, notary public or commissioner of the 295 Superior Court shall not issue a subpoena requested by a commissioner, 296 appointed according to the laws or usages of any other state or 297 government, or by any court of the United States or of any other state or 298 government, when such subpoena relates to reproductive health care 299 services or gender-affirming health care services, as defined in section 300 52-571m, as amended by this act, that are permitted under the laws of 301 this state, unless the subpoena relates to: (1) An out-of-state action 302 founded in tort, contract or statute, for which a similar claim would exist 303 Raised Bill No. 7135 LCO No. 5636 11 of 14 under the laws of this state, brought by a patient or the patient's 304 authorized legal representative, for damages suffered by the patient or 305 damages derived from an individual's loss of consortium of the patient; 306 or (2) an out-of-state action founded in contract, and for which a similar 307 claim would exist under the laws of this state, brought or sought to be 308 enforced by a party with a contractual relationship with the person that 309 is the subject of the subpoena requested by a commissioner appointed 310 according to the laws or usages of another state. 311 Sec. 8. Subsection (b) of section 54-82i of the general statutes is 312 repealed and the following is substituted in lieu thereof (Effective July 1, 313 2025): 314 (b) If a judge of a court of record in any state which by its laws has 315 made provision for commanding persons within that state to attend and 316 testify in this state certifies, under the seal of such court, that there is a 317 criminal prosecution pending in such court, or that a grand jury 318 investigation has commenced or is about to commence, that a person 319 being within this state is a material witness in such prosecution or grand 320 jury investigation and that the presence of such witness will be required 321 for a specified number of days, upon presentation of such certificate to 322 any judge of a court of record in the judicial district in which such 323 person is, such judge shall fix a time and place for a hearing and shall 324 make an order directing the witness to appear at such time and place for 325 such hearing. If, at such hearing, the judge determines that the witness 326 is material and necessary, that it will not cause undue hardship to the 327 witness to be compelled to attend and testify in the prosecution or a 328 grand jury investigation in the other state and that the laws of such other 329 state and the laws of any other state through which the witness may be 330 required to pass by ordinary course of travel will give to such witness 331 protection from arrest and from the service of civil or criminal process, 332 the judge shall issue a summons, with a copy of the certificate attached, 333 directing the witness to attend and testify in the court where the 334 prosecution is pending, or where a grand jury investigation has 335 commenced or is about to commence at a time and place specified in the 336 Raised Bill No. 7135 LCO No. 5636 12 of 14 summons, except that no judge shall issue a summons in a case where 337 prosecution is pending, or where a grand jury investigation has 338 commenced or is about to commence for a criminal violation of a law of 339 such other state involving the provision or receipt of or assistance with 340 reproductive health care services or gender-affirming health care 341 services, as defined in section [52-571n] 52-571m, as amended by this 342 act, that are legal in this state, unless the acts forming the basis of the 343 prosecution or investigation would also constitute an offense in this 344 state. At any such hearing, the certificate shall be prima facie evidence 345 of all the facts stated therein. If such certificate recommends that the 346 witness be taken into immediate custody and delivered to an officer of 347 the requesting state to assure the attendance of the witness in such state, 348 such judge may, in lieu of notification of the hearing, direct that such 349 witness be forthwith brought before such judge for such hearing, and, 350 being satisfied, at such hearing, of the desirability of such custody and 351 delivery, of which desirability such certificate shall be prima facie proof, 352 may, in lieu of issuing a subpoena or summons, order that such witness 353 be forthwith taken into custody and delivered to an officer of the 354 requesting state. If such witness, after being paid or tendered by an 355 authorized person the same amount per mile as provided for state 356 employees pursuant to section 5-141c for each mile by the ordinary 357 traveled route to and from the court where the prosecution is pending 358 and five dollars each day that such witness is required to travel and 359 attend as a witness, fails, without good cause, to attend and testify as 360 directed in the summons, the witness shall be punished in the manner 361 provided for the punishment of any witness who disobeys a summons 362 issued from a court of record in this state. 363 Sec. 9. Section 54-155a of the general statutes is repealed and the 364 following is substituted in lieu thereof (Effective July 1, 2025): 365 No public agency, as defined in section 1-200, or employee, 366 appointee, officer or official or any other person acting on behalf of a 367 public agency may provide any information or expend or use time, 368 money, facilities, property, equipment, personnel or other resources in 369 Raised Bill No. 7135 LCO No. 5636 13 of 14 furtherance of any interstate investigation or proceeding seeking to 370 impose civil or criminal liability upon a person or entity for (1) the 371 provision, seeking or receipt of or inquiring about reproductive health 372 care services or gender-affirming health care services, as defined in 373 section 52-571m, as amended by this act, that are legal in this state, or 374 (2) assisting any person or entity providing, seeking, receiving or 375 responding to an inquiry about reproductive health care services or 376 gender-affirming health care services, as defined in section 52-571m, as 377 amended by this act, that are legal in this state. This section shall not 378 apply to any investigation or proceeding where the conduct subject to 379 potential liability under the investigation or proceeding would be 380 subject to liability under the laws of this state if committed in this state. 381 382 Sec. 10. Subdivision (17) of section 42-515 of the general statutes is 383 repealed and the following is substituted in lieu thereof (Effective July 1, 384 2025): 385 (17) "Gender-affirming health care services" has the same meaning as 386 provided in section [52-571n] 52-571m, as amended by this act. 387 Sec. 11. Sections 52-146x, 52-155b, 52-571n and 54-155b of the general 388 statutes are repealed. (Effective July 1, 2025) 389 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2025 52-571m Sec. 2 July 1, 2025 52-146w Sec. 3 July 1, 2025 19a-17e Sec. 4 July 1, 2025 19a-567 Sec. 5 July 1, 2025 20-579a Sec. 6 July 1, 2025 38a-835 Sec. 7 July 1, 2025 52-155a Sec. 8 July 1, 2025 54-82i(b) Sec. 9 July 1, 2025 54-155a Sec. 10 July 1, 2025 42-515(17) Sec. 11 July 1, 2025 Repealer section Raised Bill No. 7135 LCO No. 5636 14 of 14 Statement of Purpose: To provide protections to health care providers who provide reproductive and gender-affirming health care services to patients. [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.]