Text of CT SB 295 (2026)
An Act Concerning State Law Protections For Health Care Providers And Patients Related To The Provision Of A Legally Protected Health Care Activity.
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As introduced
63,112 characters
LCO No. 2132
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General Assembly
Raised Bill No. 295
February Session, 2026
LCO No. 2132
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING STATE LAW PROTECTIONS FOR HEALTH
CARE PROVIDERS AND PATIENTS RELATED TO THE PROVISION
OF A LEGALLY PROTECTED HEALTH CARE ACTIVITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 52-571m of the 2026 supplement to the general
1
statutes is repealed and the following is substituted in lieu thereof
2
(Effective October 1, 2026):
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(a) As used in this section:
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(1) "Reproductive health care services" includes all supplies, care and
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services of a medical, behavioral health, mental health, surgical,
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psychiatric, therapeutic, diagnostic, preventative, rehabilitative or
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supportive nature, including counseling or referral services relating to
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the human reproductive system, including, but not limited to, services
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relating to pregnancy, pregnancy loss, assisted reproduction,
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contraception or the termination of a pregnancy;
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(2) "Gender-affirming health care services" means all supplies, care
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and services of a medical, behavioral health, mental health, surgical,
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psychiatric, therapeutic, diagnostic, preventative, rehabilitative or
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supportive nature, including medication relating to the treatment of
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gender dysphoria and gender incongruence. "Gender-affirming health
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care services" does not include "conversion therapy" as defined in
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section 19a-907; [and]
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(3) "Person" includes an individual, a partnership, an association, a
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limited liability company or a corporation; and
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(4) "Legally protected health care activity" means: (A) The receipt or
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attempted receipt by any person of reproductive health care services or
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gender-affirming health care services that are permitted under the laws
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of this state; (B) the provision, attempted provision or insurance
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coverage of reproductive health care services or gender-affirming health
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care services that are permitted under the laws of this state and are
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provided in accordance with the applicable standard of care by a health
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care practitioner licensed under the laws of this state and physically
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present in this state, regardless of whether the patient is located in this
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state; and (C) any act or omission undertaken to aid or encourage, or
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attempt to aid or encourage, any person in the receipt or attempted
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receipt of reproductive health care services or gender-affirming health
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care services as permitted under the laws of this state.
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(b) When any person has had a foreign judgment entered against
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such person, in any state, in any court of the United States or any other
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jurisdiction based upon the laws of any state, where liability, in whole
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or in part, is based on the alleged provision, receipt, assistance in receipt
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or provision, material support for, or any theory of vicarious, joint,
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several or conspiracy liability derived therefrom, for [reproductive
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health care services or gender-affirming health care services that are
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permitted] a legally protected health care activity permitted under the
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laws of this state, such person may recover damages from any party that
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brought the action leading to that judgment or has sought to enforce that
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judgment. Recoverable damages shall include: (1) Just damages created
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by the action that led to that judgment, including, but not limited to,
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money damages in the amount of the judgment in that other state and
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costs, expenses and reasonable attorney's fees spent in defending the
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action that resulted in the entry of a judgment in another state; and (2)
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costs, expenses and reasonable attorney's fees incurred in bringing an
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action under this section as may be allowed by the court.
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(c) The provisions of this section shall not apply to a judgment
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entered in another state that is based on: (1) An action founded in tort,
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contract or statute, and for which a similar claim would exist under the
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laws of this state, brought by the patient who received the reproductive
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health care services or gender-affirming health care services upon which
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the original lawsuit was based or the patient's authorized legal
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representative, for damages suffered by the patient or damages derived
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from an individual's loss of consortium of the patient; (2) an action
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founded in contract, and for which a similar claim would exist under
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the laws of this state, brought or sought to be enforced by a party with
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a contractual relationship with the person that is the subject of the
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judgment entered in another state; or (3) an action where no part of the
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acts that formed the basis for liability occurred in this state.
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(d) The Attorney General may (1) investigate any individual or entity
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who violates the provisions of this section or section 52-146w, as
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amended by this act, and (2) intervene in or bring an action against any
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individual or entity who violates the provisions of this section for
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injunctive, declaratory or mandamus relief in the superior court for the
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judicial district of Hartford.
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(e) Nothing in this section shall permit the Attorney General to assert
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any claim against a state agency, state officer or state employee in such
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officer's or employee's official capacity, regarding actions or omissions
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of such state agency, state officer or state employee. If the Attorney
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General determines that a state officer or state employee is not entitled
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to indemnification under section 5-141d, the Attorney General may, as
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it relates to such officer or employee, take any action authorized under
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this section.
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(f) The term "legally protected health care activity" shall not be
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construed to impact or alter (1) the standard of care required for medical
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professionals under the laws of this state, or (2) contractual rights of
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parties to a contract under the laws of this state.
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Sec. 2. (NEW) (Effective October 1, 2026) Notwithstanding any
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provision of the laws of this state relating to conflict of law and except
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as required by federal law, the laws of this state shall govern in any case
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or controversy heard in the state related to legally protected health care
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activity as defined in section 52-571m of the general statutes, as
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amended by this act.
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Sec. 3. (NEW) (Effective October 1, 2026) (a) Except as required by
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federal law, evidence relating to the involvement of an individual
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regarding any legally protected health care activity, as defined in section
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52-571m of the general statutes, as amended by this act, may not be
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offered as evidence that such individual has engaged in wrongdoing,
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whether civil, criminal, professional or otherwise, if the evidence is
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based on or related to the fact that the individual who received services
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constituting such legally protected health care activity was not
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physically present in the state when such individual received such
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services. Nothing in this section shall prevent a party from offering such
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evidence in: (1) An action founded in tort, contract or statute, and for
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which a similar claim would exist under the laws of this state, brought
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by a patient who received the reproductive health care services or
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gender-affirming health care services, as such terms are defined in
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section 52-571m of the general statutes, as amended by this act, upon
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which the original lawsuit was based or the patient's authorized legal
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representative, for damages suffered by the patient or damages derived
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from an individual's loss of consortium of the patient; (2) an action
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founded in contract, and for which a similar claim would exist under
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the laws of this state, brought or sought to be enforced by a party with
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a contractual relationship with the person that is the subject of the
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judgment entered in another state; or (3) an action where no part of the
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acts that formed the basis for liability occurred in this state.
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(b) When any person that is subject to a subpoena relating to the
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alleged provision, receipt, assistance in receipt or provision, material
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support for, or any theory of vicarious, joint, several or conspiracy
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liability derived therefrom, for any legally protected health care activity,
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as defined in section 52-571m of the general statutes, as amended by this
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act, in addition to any other reason, theory or argument, such person
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may move to modify or quash such subpoena on the grounds that the
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subpoena is unreasonable, oppressive or inconsistent with the public
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policy of the state pursuant to the state's rules of civil procedure.
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Nothing in this section shall prevent compliance with a subpoena if the
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subpoena is otherwise related to (1) an action founded in tort, contract
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or statute, and for which a similar claim would exist under the laws of
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this state, brought by the patient who received the reproductive health
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care services or gender-affirming health care services, as such terms are
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defined in section 52-571m of the general statutes, as amended by this
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act, upon which the original lawsuit was based or the patient's
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authorized legal representative, for damages suffered by the patient or
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damages derived from an individual's loss of consortium of the patient;
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(2) an action founded in contract, and for which a similar claim would
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exist under the laws of this state, brought or sought to be enforced by a
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party with a contractual relationship with the person that is the subject
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of the judgment entered in another state; or (3) an action where no part
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of the acts that formed the basis for liability occurred in this state.
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Sec. 4. Section 52-146w of the 2026 supplement to the general statutes
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is repealed and the following is substituted in lieu thereof (Effective
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October 1, 2026):
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(a) Except as provided in sections 52-146d to 52-146k, inclusive,
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sections 52-146o, 52-146p, 52-146q and 52-146s and subsection (b) of this
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section, in any civil action or any proceeding preliminary thereto or in
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any probate, legislative or administrative proceeding, no covered entity
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or business associate, as defined in 45 CFR 160.103, shall, in response to
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a subpoena, disclose (1) any communication made to such covered
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entity or business associate, or any information obtained by such
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covered entity or business associate from, a patient or the conservator,
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guardian or other authorized legal representative of a patient relating to
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[reproductive health care services or gender-affirming health care
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services] any legally protected health care activity, as defined in section
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52-571m, as amended by this act, [that are permitted under the laws of
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this state, or] (2) any information obtained by personal examination of a
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patient relating to [such services, that are permitted under the laws of
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this state,] a legally protected health care activity, or (3) any protected
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health information that is designated record for such patient unless the
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patient or that patient's conservator, guardian or other authorized legal
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representative explicitly consents in writing to such disclosure. A
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covered entity shall inform the patient or the patient's conservator,
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guardian or other authorized legal representative of the patient's right
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to withhold such written consent. A covered entity or business associate
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that receives a subpoena for patient information related to [reproductive
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health care services or gender-affirming health care services] any legally
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protected health care activity subject to the provisions of this section that
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does not fall under any exemption in subsection (b) of this section and
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is not accompanied by the written consent of the patient or the
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conservator, guardian or other authorized legal representative of the
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patient shall provide a copy of the subpoena to the office of the Attorney
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General not later than seven days after the date of receipt of the
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subpoena. The office of the Attorney General shall post notice of the
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methods by which a covered entity and business associate may send the
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copy of the subpoena.
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(b) Written consent of the patient or the patient's conservator,
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guardian or other authorized legal representative shall not be required
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for the disclosure of such communication or information (1) pursuant to
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the laws of this state or the rules of court prescribed by the Judicial
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Branch, (2) by a covered entity or business associate against whom a
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claim has been made, or there is a reasonable belief will be made, in such
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action or proceeding, to the covered entity's or business associate's
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attorney or professional liability insurer or such insurer's agent for use
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in the defense of such action or proceeding, (3) to the Commissioner of
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Public Health for records of a patient of a covered entity in connection
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with an investigation of a complaint, if such records are related to the
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complaint, or (4) if child abuse, abuse of an elderly individual, abuse of
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an individual who is physically disabled or incompetent or abuse of an
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individual with intellectual disability in violation of the laws of this state
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is known or in good faith suspected.
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(c) Nothing in this section shall be construed to impede the lawful
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sharing of medical records as permitted by state [or federal] law or the
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rules of the court prescribed by the Judicial Branch, except in the case of
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a subpoena commanding the production, copying or inspection of
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medical records relating to [reproductive health care services or gender-
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affirming health care services] any legally protected health care activity,
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as defined in section 52-571m, as amended by this act.
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Sec. 5. Subsections (a) and (b) of section 54-82i of the 2026 supplement
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to the general statutes are repealed and the following is substituted in
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lieu thereof (Effective October 1, 2026):
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(a) The following words, when used in this section, have the meaning
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specified, unless the context otherwise indicates: "Witness" means a
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person whose testimony is desired in any proceeding or investigation
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by a grand jury or in a criminal action, prosecution or proceeding; "state"
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includes any territory of the United States and the District of Columbia;
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[, and] "summons" means a subpoena, order or other notice requiring
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the appearance of a witness; and "legally protected health care activity"
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has the same meaning as provided in section 52-571m, as amended by
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this act.
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(b) If a judge of a court of record in any state which by its laws has
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made provision for commanding persons within that state to attend and
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testify in this state certifies, under the seal of such court, that there is a
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criminal prosecution pending in such court, or that a grand jury
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investigation has commenced or is about to commence, that a person
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being within this state is a material witness in such prosecution or grand
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jury investigation and that the presence of such witness will be required
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for a specified number of days, upon presentation of such certificate to
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any judge of a court of record in the judicial district in which such
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person is, such judge shall fix a time and place for a hearing and shall
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make an order directing the witness to appear at such time and place for
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such hearing. If, at such hearing, the judge determines that the witness
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is material and necessary, that it will not cause undue hardship to the
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witness to be compelled to attend and testify in the prosecution or a
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grand jury investigation in the other state and that the laws of such other
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state and the laws of any other state through which the witness may be
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required to pass by ordinary course of travel will give to such witness
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protection from arrest and from the service of civil or criminal process,
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the judge shall issue a summons, with a copy of the certificate attached,
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directing the witness to attend and testify in the court where the
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prosecution is pending, or where a grand jury investigation has
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commenced or is about to commence at a time and place specified in the
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summons, except that no judge shall issue a summons in a case where
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prosecution is pending, or where a grand jury investigation has
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commenced or is about to commence for a criminal violation of a law of
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such other state involving the provision or receipt of or assistance with
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[reproductive health care services or gender-affirming health care
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services, as defined in section 52-571m, that are legal] any legally
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protected health care activity in this state, unless the acts forming the
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basis of the prosecution or investigation would also constitute an
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offense in this state. At any such hearing, the certificate shall be prima
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facie evidence of all the facts stated therein. If such certificate
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recommends that the witness be taken into immediate custody and
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delivered to an officer of the requesting state to assure the attendance of
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the witness in such state, such judge may, in lieu of notification of the
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hearing, direct that such witness be forthwith brought before such judge
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for such hearing, and, being satisfied, at such hearing, of the desirability
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of such custody and delivery, of which desirability such certificate shall
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be prima facie proof, may, in lieu of issuing a subpoena or summons,
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order that such witness be forthwith taken into custody and delivered
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to an officer of the requesting state. If such witness, after being paid or
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tendered by an authorized person the same amount per mile as
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provided for state employees pursuant to section 5-141c for each mile
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by the ordinary traveled route to and from the court where the
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prosecution is pending and five dollars each day that such witness is
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required to travel and attend as a witness, fails, without good cause, to
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attend and testify as directed in the summons, the witness shall be
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punished in the manner provided for the punishment of any witness
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who disobeys a summons issued from a court of record in this state.
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Sec. 6. Section 52-155a of the 2026 supplement to the general statutes
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is repealed and the following is substituted in lieu thereof (Effective
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October 1, 2026):
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Notwithstanding the provisions of sections 52-155 and 52-657, a
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judge, justice of the peace, notary public or commissioner of the
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Superior Court shall not issue a subpoena requested by a commissioner,
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appointed according to the laws or usages of any other state or
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government, or by any court of the United States or of any other state or
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government, when such subpoena relates to [reproductive health care
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services or gender-affirming health care services] a legally protected
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health care activity, as defined in section 52-571m, as amended by this
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act, [that are permitted under the laws of this state,] unless the subpoena
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relates to: (1) An out-of-state action founded in tort, contract or statute,
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for which a similar claim would exist under the laws of this state,
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brought by a patient or the patient's authorized legal representative, for
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damages suffered by the patient or damages derived from an
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individual's loss of consortium of the patient; or (2) an out-of-state
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action founded in contract, and for which a similar claim would exist
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under the laws of this state, brought or sought to be enforced by a party
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with a contractual relationship with the person that is the subject of the
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subpoena requested by a commissioner appointed according to the laws
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or usages of another state.
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Sec. 7. Section 54-155a of the 2026 supplement to the general statutes
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is repealed and the following is substituted in lieu thereof (Effective
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October 1, 2026):
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No public agency, as defined in section 1-200, or employee,
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appointee, officer or official or any other person acting on behalf of a
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public agency may provide any information or expend or use time,
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money, facilities, property, equipment, personnel or other resources in
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furtherance of any interstate investigation or proceeding seeking to
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impose civil or criminal liability upon a person or entity for (1) the
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provision, seeking or receipt of or inquiring about [reproductive health
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care services or gender-affirming health care services, as defined in
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section 52-571m, that are legal in this state] any legally protected health
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care activity as defined in section 52-571m, as amended by this act, or
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(2) assisting any person or entity providing, seeking, receiving or
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responding to an inquiry about [reproductive health care services or
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gender-affirming health care services, as defined in section 52-571m,
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that are legal in this state] any legally protected health care activity as
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defined in section 52-571m, as amended by this act. This section shall
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not apply to any investigation or proceeding where the conduct subject
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to potential liability under the investigation or proceeding would be
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subject to liability under the laws of this state if committed in this state.
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Sec. 8. Section 54-162 of the general statutes is repealed and the
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following is substituted in lieu thereof (Effective October 1, 2026):
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(a) The Governor [of this state] may also surrender, on demand of the
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executive authority of any other state, any person found in this state
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who is charged in such other state in the manner provided in section 54-
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159 with committing an act in this state, or in a third state, intentionally
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resulting in a crime in the state whose executive authority is making the
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demand, and the provisions of this chapter not otherwise inconsistent
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shall apply to such cases, even though the accused was not in that state
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at the time of the commission of the crime and has not fled therefrom,
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provided the acts for which extradition is sought would be punishable
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by the laws of this state, if the consequences claimed to have resulted
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from those acts in the demanding state had taken effect in this state.
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(b) Except as required by federal law, the Governor shall not
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surrender a person charged in another state as a result of engaging in
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any legally protected health care activity, as defined in section 52-571m,
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as amended by this act, unless the executive authority of the demanding
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state alleges in writing that the accused was physically present in the
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demanding state at the time of the commission of the alleged offense
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and that thereafter the accused fled from the demanding state.
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Sec. 9. Section 19a-17e of the 2026 supplement to the general statutes
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is repealed and the following is substituted in lieu thereof (Effective
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October 1, 2026):
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(a) As used in this section, ["reproductive health care services" and
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"gender-affirming health care services" have] "legally protected health
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care activity" has the same [meanings] meaning as provided in section
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52-571m, as amended by this act.
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(b) Notwithstanding the provisions of subsection (a) of section 19a-
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14, the Department of Public Health shall not deny the eligibility of an
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applicant for a (1) permit, (2) license by examination, endorsement or
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reciprocity, or (3) reinstatement of a license (A) voided pursuant to the
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provisions of subsection (f) of section 19a-88, (B) voluntarily
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surrendered, or (C) by agreement, not renewed or reinstated pursuant
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to the provisions of subsection (d) of section 19a-17 based on pending
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disciplinary action, an unresolved complaint, [or] the imposition of
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disciplinary action or other adverse action against the applicant by a
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duly authorized professional disciplinary agency of another state, the
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District of Columbia, [or] a commonwealth, territory or possession of
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the United States or any other federal entity that is based solely on the
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alleged provision of, receipt of, assistance in provision or receipt of,
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material support for, or any theory of vicarious, joint, several or
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conspiracy liability derived therefrom, [reproductive health care
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services or gender-affirming health care services that are permitted
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under the laws of this state and were provided in accordance with the
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standard of care applicable to such services , regardless of whether the
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patient receiving such services was a resident of this state] any legally
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protected health care activity. The provisions of this subsection shall not
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apply where the underlying conduct of the applicant would constitute
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the basis of disciplinary action against the applicant under the laws of
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this state if the applicant had been licensed or permitted in this state and
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the conduct had occurred in this state.
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(c) Notwithstanding the provisions of section 19a-17, a board or
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commission established under title 20 that has jurisdiction over persons
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licensed, certified or registered under said title who provide
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[reproductive health care services or gender-affirming health care
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services] any legally protected health care activity, and the Department
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of Public Health, with respect to professions under the department's
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jurisdiction that are not subject to discipline by such a board or
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commission, shall not impose disciplinary action against a licensed,
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certified or registered person based on pending disciplinary action, an
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unresolved complaint or the imposition of disciplinary action against
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such persons before or by a duly authorized professional disciplinary
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agency of another state, the District of Columbia, [or] a commonwealth,
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territory or possession of the United States or any other federal entity
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that is based solely on the alleged provision of, receipt of, assistance in
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provision or receipt of, material support for, or any theory of vicarious,
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joint, several or conspiracy liability derived therefrom, [reproductive
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health care services or gender-affirming health care services that are
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permitted under the laws of this state and were provided in accordance
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with the standard of care applicable to such services, regardless of
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whether the patient receiving such services was a resident of this state]
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any legally protected health care activity. No board or commission
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established under title 20 that has jurisdiction over persons licensed,
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certified or registered under said title who provide any legally protected
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health care activity shall make available for public dissemination on any
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person's professional profile the record of any criminal conviction or
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charge for a felony or misdemeanor, final disciplinary action by a
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licensing board in another state or a malpractice court judgment,
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arbitration award or settlement that resulted solely from providing or
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assisting in the provision of a legally protected health care activity or for
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any judgment, discipline or other sanction arising from the provision of
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a legally protected health care activity if such activity as provided would
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have been lawful and consistent with the scope and standards of
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practice for the designated profession had such activity occurred
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entirely in this state. The provisions of this subsection shall not apply
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where the underlying conduct of the licensed, certified or registered
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person would constitute the basis of disciplinary action against such
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person under the laws of this state if the conduct had occurred in this
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state.
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Sec. 10. Section 19a-567 of the 2026 supplement to the general statutes
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is repealed and the following is substituted in lieu thereof (Effective
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October 1, 2026):
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(a) As used in this section, (1) "credentialing" means the process of
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assessing and validating the qualifications of a health care provider
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applying to be approved to provide treatment, care or services in or for
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an institution, (2) "health care provider" means a person licensed
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pursuant to title 20 who provides reproductive health care services or
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gender-affirming health care services, (3) "institution" has the same
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meaning as provided in section 19a-490, (4) "privileging" means the
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process of authorizing a health care provider to provide specific
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treatment, care or services at an institution, and (5) ["reproductive health
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care services" and "gender-affirming health care services" have] "legally
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protected health care activity" has the same [meanings] meaning as
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provided in section 52-571m, as amended by this act.
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(b) An institution shall not revoke, suspend, reprimand, penalize,
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refuse to issue or renew credentials or privileges or take any other
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adverse action against a health care provider with respect to
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credentialing or privileging based solely on the alleged provision of,
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receipt of, assistance in provision or receipt of, material support for, or
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any theory of vicarious, joint, several or conspiracy liability derived
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therefrom, [reproductive health care services or gender-affirming health
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care services that (1) are permitted under the laws of this state, (2) were
406
provided in accordance with the standard of care applicable to such
407
services, and (3) were] any legally protected health care activity
408
provided by the health care provider [(A)] (1) before the date on which
409
the health care provider entered an employment relationship with the
410
institution, or [(B)] (2) outside the scope of the health care provider's
411
employment with the institution. [, regardless of whether the patient
412
receiving such services was a resident of this state.]
413
(c) An institution shall not revoke, suspend, reprimand, penalize,
414
refuse to issue or renew credentials or privileges or take any other
415
adverse action against a health care provider based on pending
416
disciplinary action, an unresolved complaint, [or] the imposition of
417
disciplinary action or other adverse action against the applicant by a
418
duly authorized professional disciplinary agency of another state, the
419
District of Columbia, [or] a commonwealth, territory or possession of
420
the United States or any other federal entity that is based solely on the
421
alleged provision of, receipt of, assistance in provision or receipt of,
422
material support for, or any theory of vicarious, joint, several or
423
conspiracy liability derived therefrom, [reproductive health care
424
services or gender-affirming health care services that (1) are permitted
425
under the laws of this state, (2) were provided in accordance with the
426
standard of care applicable to such services, and (3) were] any legally
427
protected health care activity provided by the health care provider [(A)]
428
(1) before the date on which the health care provider entered an
429
employment relationship with the institution, or [(B)] (2) outside the
430
scope of the health care provider's employment with the institution. [,
431
regardless of whether the patient receiving such services was a resident
432
of this state.]
433
(d) The provisions of this section shall not be construed to prevent an
434
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institution from taking any of the actions described in subsections (b)
435
and (c) of this section against a health care provider for conduct that (1)
436
does not conform to the standards of care for the provider's profession,
437
(2) is illegal under the laws of this state, or (3) violates policies or rules
438
of the institution that define the scope of services provided by the
439
institution if (A) such conduct occurs within the scope of the health care
440
provider's employment with, or delivery of care at, the institution, and
441
(B) the institution's enforcement of such policies or rules is not otherwise
442
prohibited by law or regulation.
443
Sec. 11. Section 20-579a of the 2026 supplement to the general statutes
444
is repealed and the following is substituted in lieu thereof (Effective
445
October 1, 2026):
446
(a) As used in this section, ["reproductive health care services" and
447
"gender-affirming health care services" have] "legally protected health
448
care activity" has the same [meanings] meaning as provided in section
449
52-571m, as amended by this act.
450
(b) Notwithstanding any provision of this chapter, the Commissioner
451
of Consumer Protection and the Commission of Pharmacy shall not
452
deny the eligibility of an applicant for a license, permit or registration
453
under this chapter based on pending disciplinary action, an unresolved
454
complaint, [or] the imposition of disciplinary action or other adverse
455
action against the applicant by a duly authorized professional
456
disciplinary agency of another state, the District of Columbia, [or] a
457
commonwealth, territory or possession of the United States or any other
458
federal entity that is based solely on the alleged provision of, receipt of,
459
assistance in provision or receipt of, material support for, or any theory
460
of vicarious, joint, several or conspiracy liability derived therefrom,
461
[reproductive health care services or gender-affirming health care
462
services that are permitted under the laws of this state and were
463
provided in accordance with the standard of care applicable to such
464
services, regardless of whether the patient receiving such services was a
465
resident of this state] any legally protected health care activity. The
466
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provisions of this subsection shall not apply where the underlying
467
conduct of the applicant would constitute the basis of disciplinary action
468
against the applicant under the laws of this state if the applicant had
469
been licensed, permitted or registered in this state and the conduct had
470
occurred in this state.
471
(c) Notwithstanding any provision of this chapter, the Commissioner
472
of Consumer Protection and the Commission of Pharmacy shall not
473
impose disciplinary action against any person licensed, permitted or
474
registered pursuant to the provisions of this chapter based on pending
475
disciplinary action, an unresolved complaint, [or] the imposition of
476
disciplinary action or other adverse action against the applicant by a
477
duly authorized professional disciplinary agency of another state, the
478
District of Columbia, [or] a commonwealth, territory or possession of
479
the United States or any other federal entity that is based solely on the
480
alleged provision of, receipt of, assistance in provision or receipt of,
481
material support for, or any theory of vicarious, joint, several or
482
conspiracy liability derived therefrom, [reproductive health care
483
services or gender-affirming health care services that are permitted
484
under the laws of this state and were provided in accordance with the
485
standard of care applicable to such services, regardless of whether the
486
patient receiving such services was a resident of this state] any legally
487
protected health care activity. The provisions of this subsection shall not
488
apply where the underlying conduct of the person licensed, permitted
489
or registered would constitute the basis of disciplinary action against
490
such person under the laws of this state if such person had been
491
licensed, permitted or registered in this state and the conduct had
492
occurred in this state.
493
Sec. 12. Section 54-240 of the general statutes is repealed and the
494
following is substituted in lieu thereof (Effective October 1, 2026):
495
As used in this chapter:
496
(1) "Address confidentiality program" or "program" means the
497
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program established pursuant to this chapter;
498
(2) "Agency" has the same meaning as "public agency" or "agency", as
499
provided in section 1-200;
500
(3) "Application assistant" means a person authorized by the
501
Secretary of the State to assist applicants in the completion of
502
applications for program participation;
503
(4) "Authorized personnel" means an employee in the office of the
504
Secretary of the State who has been designated by the Secretary of the
505
State, or an employee of an agency who has been designated by the chief
506
executive officer of such agency, to process and have access to records
507
pertaining to a program participant, including, but not limited to, voter
508
registration applications, voting records and marriage records;
509
(5) "Certification card" means a card issued by the Secretary of the
510
State pursuant to section 54-240d;
511
(6) "Confidential address" means a program participant's address or
512
addresses as listed on such participant's application for program
513
participation that are not to be disclosed, including such participant's
514
residential address in this state and work and school addresses in this
515
state, if any;
516
(7) "Family violence" has the same meaning as provided in section
517
46b-38a;
518
(8) "Injury or risk of injury to a child" means any act or conduct that
519
constitutes a violation of section 53-21;
520
(9) "Kidnapping" means any act that constitutes a violation of section
521
53a-92, 53a-92a, 53a-94 or 53a-94a;
522
(10) "Law enforcement agency" means the office of the Attorney
523
General, the office of the Chief State's Attorney, the Division of State
524
Police within the Department of Emergency Services and Public
525
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Protection or any municipal police department;
526
(11) "Marriage records" means an application for a marriage license,
527
an issued marriage license, a license certificate or other documents
528
related thereto;
529
(12) "Program address" means the post office box number and
530
fictitious street address assigned to a program participant by the
531
Secretary of the State;
532
(13) "Program participant" or "participant" means any person
533
certified by the Secretary of the State to participate in the address
534
confidentiality program;
535
(14) "Record" has the same meaning as "public records or files" as
536
provided in section 1-200;
537
(15) "Sexual assault" means any act that constitutes a violation of
538
section 53a-70b of the general statutes, revision of 1958, revised to
539
January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or
540
53a-73a;
541
(16) "Stalking" means any act that constitutes a violation of section
542
53a-181c, 53a-181d or 53a-181e; [and]
543
(17) "Trafficking in persons" means any act that constitutes a violation
544
of section 53a-192a; and
545
(18) "Legally protected health care activity" has the same meaning as
546
provided in section 52-571m, as amended by this act.
547
Sec. 13. Section 54-240a of the general statutes is repealed and the
548
following is substituted in lieu thereof (Effective October 1, 2026):
549
(a) There shall be an address confidentiality program established in
550
the office of the Secretary of the State to provide a substitute mailing
551
address for any person who wishes to keep such person's residential
552
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address confidential because of safety concerns and (1) has been a victim
553
of (A) family violence, (B) injury or risk of injury to a child, (C)
554
kidnapping, (D) sexual assault, (E) stalking, (F) trafficking in persons, or
555
(G) child abuse or neglect, where such abuse or neglect was
556
substantiated by the Department of Children and Families and was the
557
basis for the issuance of a restraining order under section 46b-15 or civil
558
protection order under section 46b-16a, [or] (2) a termination of parental
559
rights was granted pursuant to section 45a-717 or 46b-129, or (3) such
560
person engaged in the provision, facilitation or promotion of a legally
561
protected health care activity.
562
(b) The Secretary of the State shall adopt regulations, in accordance
563
with the provisions of chapter 54, to carry out the provisions of this
564
chapter. Such regulations may include, but need not be limited to,
565
provisions
for
applications
for
participation
in
the
address
566
confidentiality
program,
certification
of
program
participants,
567
certification cancellation, agency use of program addresses, forwarding
568
of program participants' mail, voting by program participants and
569
recording of vital statistics for program participants.
570
Sec. 14. Section 54-240b of the general statutes is repealed and the
571
following is substituted in lieu thereof (Effective October 1, 2026):
572
(a) An adult person, a guardian or conservator of the person acting
573
on behalf of an adult person, or a parent or guardian acting on behalf of
574
a minor may apply to the Secretary of the State for participation in the
575
address confidentiality program and to have the Secretary of the State
576
designate a program address to serve as the address of the adult person
577
or of the minor because of safety concerns and because (1) the adult
578
person or the minor has been a victim of (A) family violence, (B) injury
579
or risk of injury to a child, (C) kidnapping, (D) sexual assault, (E)
580
stalking, (F) trafficking in persons, or (G) child abuse or neglect, where
581
such abuse or neglect was substantiated by the Department of Children
582
and Families and was the basis for the issuance of a restraining order
583
under section 46b-15 or civil protection order under section 46b-16a, or
584
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(2) the safety concerns of the adult person or minor relate to another
585
person whose parental rights were terminated in a proceeding
586
conducted pursuant to section 45a-717 or 46b-129. Each application for
587
program participation shall be completed with the assistance of an
588
application assistant.
589
(b) A person engaged in the provision, facilitation or promotion of a
590
legally protected health care activity may apply to the Secretary of the
591
State for participation in the address confidentiality program and to
592
have the Secretary of the State designate a program address to serve as
593
the address of the person. For such applications, no assistance of an
594
application assistant shall be required.
595
[(b)] (c) The Secretary of the State shall make available a list of entities
596
that employ application assistants to assist applicants in applying for
597
participation in the address confidentiality program, provided no entity
598
shall be included on such list unless the entity has received sufficient
599
funds from federal or state sources as reimbursement for the reasonable
600
costs of implementing the provisions of this chapter.
601
Sec. 15. (NEW) (Effective October 1, 2026) The Secretary of the State
602
shall certify an applicant as a program participant if the application is
603
filed in the manner and on the application form prescribed by the
604
Secretary of the State and includes:
605
(1) Documentation that the person is to commence employment or is
606
currently employed at or volunteering at an entity providing,
607
facilitating or promoting a legally protected health care activity as
608
defined in section 52-571m of the general statutes, as amended by this
609
act;
610
(2) A statement made under penalty of false statement, as provided
611
in section 53a-157b of the general statutes, that (A) the applicant is a
612
person engaged in the provision, facilitation or promotion of a legally
613
protected health care activity, (B) the entity providing, facilitating or
614
promoting a legally protected health care activity where the person is
615
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employed or volunteers has been the target of threats, harassment or
616
acts of violence related to the provision, facilitation or promotion of a
617
legally protected health care activity within one year of the date of the
618
application, and (C) the applicant fears for such applicant's safety;
619
(3) A designation of the Secretary of the State as the agent of the
620
applicant for service of process and for receipt of first class mail;
621
(4) The residential address in this state, the work and school
622
addresses in this state, if any, and the phone number or numbers, if
623
available, that are to remain confidential, but which may be used by the
624
Secretary of the State or authorized personnel to contact the applicant;
625
and
626
(5) The preparation date and the applicant's signature.
627
Sec. 16. Section 19a-509c of the general statutes is repealed and the
628
following is substituted in lieu thereof (Effective October 1, 2026):
629
(a) In a facility licensed pursuant to this chapter, a physician assistant,
630
advanced practice registered nurse, registered nurse or licensed
631
practical nurse may, except with respect to an order for schedule II
632
controlled substances, reduce to writing the oral or written order of a
633
prescribing practitioner, as defined in section 20-571, and transmit the
634
order to a pharmacy licensed under sections 20-570 to 20-625, inclusive.
635
Such transmitted order shall contain the name of the prescribing
636
practitioner and shall be treated as a written prescription for purposes
637
of sections 20-570 to 20-625, inclusive.
638
(b) Notwithstanding the provisions of subsection (a) of this section,
639
to the extent permitted under federal law, at the prescribing
640
practitioner's request, the written or electronic prescription for drugs
641
related to a legally protected health care activity, as defined in section
642
52-571m, as amended by this act, shall include the name and address of
643
the health care facility engaged in the provision, facilitation or
644
promotion of a legally protected health care activity, instead of the name
645
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and signature of the prescribing practitioner. Nothing in this section
646
shall be construed to create any liability, whether civil, criminal,
647
professional or otherwise, for any institution or person who facilitates a
648
written or electronic prescription that does not use the name and
649
signature of the prescribing practitioner.
650
Sec. 17. Section 20-614 of the general statutes is repealed and the
651
following is substituted in lieu thereof (Effective October 1, 2026):
652
(a) A prescription shall be transmitted in either an oral, written or
653
electronic manner to a pharmacy.
654
(b) Whenever a pharmacy, or an institutional pharmacy in a hospital
655
dispensing a drug or device for outpatient use or dispensing a drug or
656
device that is prescribed for an employee of the hospital or for the
657
employee's spouse or dependent children, receives an oral or
658
electronically-transmitted prescription, except for a controlled drug, as
659
defined in section 21a-240, a record of such prescription shall be
660
maintained in writing or electronically. The pharmacist or pharmacy
661
intern shall, not later than the end of the business day when the
662
prescription was received, record the prescription on a prescription
663
form or in an electronic record including: (1) The name and address of
664
the prescribing practitioner; (2) the date of the prescription; (3) the name,
665
dosage form, strength, where applicable, and the amount of the drug
666
prescribed; (4) the name and address of the patient or, for veterinary
667
prescriptions, the name and address of the owner and the species of the
668
animal; (5) the directions for use; (6) any required cautionary
669
statements; and (7) the number of times the prescription may be refilled,
670
including the use of refill terms "PRN" and "ad lib" in lieu of a specific
671
number of authorized refills.
672
(c) A written prescription shall bear: (1) The written signature of the
673
prescribing practitioner or shall comply with the requirements of
674
section 19a-509c, as amended by this act; (2) the address of the
675
practitioner; (3) the date of the prescription; (4) the name, dosage form,
676
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strength, where applicable, and amount of the drug prescribed; (5) the
677
name and address of the patient or, for veterinary prescriptions, the
678
name and address of the owner and the species of the animal; (6) the
679
directions for use; (7) any required cautionary statements; and (8) the
680
number of times the prescription may be refilled, including the use of
681
refill terms "PRN" and "ad lib" in lieu of a specific number of authorized
682
refills. No written prescription form for a schedule II substance may
683
contain an order for any other legend drug or device.
684
(d) Prior to or simultaneous with the dispensing of a drug, from a
685
pharmacy licensed pursuant to this chapter, a pharmacist or other
686
employee of the pharmacy shall, whenever practicable, offer for the
687
pharmacist to discuss the drug to be dispensed and to counsel the
688
patient on the usage of the drug, except when the person obtaining the
689
prescription is other than the person named on the prescription form or
690
electronic record or the pharmacist determines it is appropriate to make
691
such offer in writing. Any such written offer shall include an offer to
692
communicate with the patient either in person at the pharmacy or by
693
telephone.
694
(e) Nothing in this section shall be construed to require a pharmacist
695
to provide counseling to a patient who refuses such counseling. The
696
pharmacist shall keep a record of such counseling, any refusal by or
697
inability of the patient to accept counseling or a refusal by the patient to
698
provide information regarding such counseling. Records kept pursuant
699
to this subsection shall be maintained for the same length of time as
700
prescription records are maintained pursuant to section 20-615.
701
(f) (1) As used in this subsection, "electronic data intermediary"
702
means an entity that provides the infrastructure that connects the
703
computer systems or other electronic devices utilized by prescribing
704
practitioners with those used by pharmacies in order to facilitate the
705
secure
transmission
of
electronic
prescription
orders,
refill
706
authorization requests, communications and other patient care
707
information between such entities.
708
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(2) An electronic data intermediary may transfer electronically
709
transmitted data between a prescribing practitioner licensed and
710
authorized to prescribe and a pharmacy of the patient's choice, licensed
711
pursuant to this chapter or licensed under the laws of any other state or
712
territory of the United States. Electronic data intermediaries shall not
713
alter the transmitted data except as necessary for technical processing
714
purposes. Electronic data intermediaries may archive copies of only that
715
electronic data related to such transmissions necessary to provide for
716
proper auditing and security of such transmissions. Such data shall only
717
be maintained for the period necessary for auditing purposes. Electronic
718
data intermediaries shall maintain patient privacy and confidentiality of
719
all archived information as required by state and federal law.
720
(3) No electronic data intermediary shall operate without the
721
approval of the Commissioner of Consumer Protection. An electronic
722
data intermediary seeking approval shall apply to the Commission of
723
Pharmacy in the manner prescribed by the commissioner. The
724
commissioner, with the advice and assistance of the commission, shall
725
adopt regulations, in accordance with the provisions of chapter 54, to
726
establish criteria for the approval of electronic data intermediaries, to
727
ensure that (A) procedures to be used for the transmission and retention
728
of prescription data by an intermediary, and (B) mechanisms to be used
729
by an intermediary to safeguard the confidentiality of such data, are
730
consistent with the provisions and purposes of this section.
731
(g) Notwithstanding the provisions of subsections (b) and (c) of this
732
section, to the extent permitted under federal law, at the prescribing
733
practitioner's request, the written or electronic prescription for drugs
734
related to a legally protected health care activity, as defined in section
735
52-571m, as amended by this act, shall include the name and address of
736
the health care facility engaged in the provision, facilitation or
737
promotion of a legally protected health care activity, instead of the name
738
and signature of the prescribing practitioner. Nothing in this section
739
shall be construed to create any liability, whether civil, criminal,
740
professional or otherwise, for any institution or person who facilitates a
741
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written or electronic prescription that does not use the name and
742
signature of the prescribing practitioner.
743
Sec. 18. Section 20-617 of the general statutes is repealed and the
744
following is substituted in lieu thereof (Effective October 1, 2026):
745
(a) Each pharmacist shall include on the label of each prescription
746
container: (1) The quantity of prescribed drug placed in such container,
747
in addition to any other information required by law, and (2) a
748
prominently printed expiration date based on the manufacturer's
749
recommended conditions of use and storage that can be read and
750
understood by the ordinary individual. The expiration date required
751
pursuant to subdivision (2) of this subsection shall be no later than the
752
expiration date determined by the manufacturer.
753
(b) In addition to the information required to be included on the label
754
of each prescription container pursuant to subsections (a) and (c) of this
755
section, each pharmacist shall include on the label of each prescription
756
container or on the receipt or other similar packaging in which the
757
prescription is contained for a drug sold only by generic name, as
758
defined in section 20-14a, and not by brand name, as defined in said
759
section: (1) The name of the manufacturer of the generic drug placed in
760
the container, and (2) the Internet web site address and toll-free
761
telephone
number
for
the
United
States
Food
and
Drug
762
Administration's safety information and adverse event reporting
763
program (MedWatch).
764
(c) In addition to the information required to be included on the label
765
of each prescription container pursuant to subsections (a) and (b) of this
766
section, if a pharmacist substitutes a generic name drug for a brand
767
name drug, such pharmacist shall include on the label of the
768
prescription container: (1) The name of the generic drug placed in the
769
container, and (2) the brand name of the drug that the generic drug was
770
substituted for.
771
(d) Notwithstanding the provisions of this section, to the extent
772
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permitted under federal law, at the prescribing practitioner's request,
773
the written or electronic prescription for drugs related to a legally
774
protected health care activity, as defined in section 52-571m, as
775
amended by this act, shall include the name and address of the health
776
care facility engaged in the provision, facilitation or promotion of a
777
legally protected health care activity, instead of the name and signature
778
of the prescribing practitioner. Nothing in this section shall be construed
779
to create any liability, whether civil, criminal, professional or otherwise,
780
for any institution or person who facilitates a written or electronic
781
prescription that does not use the name and signature of the prescribing
782
practitioner.
783
Sec. 19. (NEW) (Effective October 1, 2026) (a) Notwithstanding any
784
provision of the general statutes, a law of another state authorizing a
785
child to be removed from the child's parent or guardian based on the
786
parent or guardian allowing the child to receive or seek a legally
787
protected health care activity, as defined in section 52-571m of the
788
general statutes, as amended by this act, shall not be enforced or applied
789
in a case pending in a court in this state.
790
(b) No court in this state shall admit or consider a finding of abuse
791
based on the parent or guardian allowing the child to receive or seek a
792
legally protected health care activity, as defined in section 52-571m of
793
the general statutes, as amended by this act, as evidence in any
794
proceeding with respect to that parent or guardian or any child of the
795
parent or guardian, unless such conduct would constitute abuse under
796
the laws of this state as if the conduct occurred in this state.
797
This act shall take effect as follows and shall amend the following
sections:
Section 1
October 1, 2026
52-571m
Sec. 2
October 1, 2026
New section
Sec. 3
October 1, 2026
New section
Sec. 4
October 1, 2026
52-146w
Sec. 5
October 1, 2026
54-82i(a) and (b)
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Sec. 6
October 1, 2026
52-155a
Sec. 7
October 1, 2026
54-155a
Sec. 8
October 1, 2026
54-162
Sec. 9
October 1, 2026
19a-17e
Sec. 10
October 1, 2026
19a-567
Sec. 11
October 1, 2026
20-579a
Sec. 12
October 1, 2026
54-240
Sec. 13
October 1, 2026
54-240a
Sec. 14
October 1, 2026
54-240b
Sec. 15
October 1, 2026
New section
Sec. 16
October 1, 2026
19a-509c
Sec. 17
October 1, 2026
20-614
Sec. 18
October 1, 2026
20-617
Sec. 19
October 1, 2026
New section
Statement of Purpose:
To extend state law protections for health care providers and patients
related to the provision of a legally protected health care activity.
[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.]