CT
Connecticut House Bill HB06549

Connecticut 2011 Regular Session

Connecticut House Bill HB06549 Compare Versions

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1-Substitute House Bill No. 6549
1+General Assembly Substitute Bill No. 6549
2+January Session, 2011 *_____HB06549APP___051111____*
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3-Public Act No. 11-209
4+General Assembly
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6+Substitute Bill No. 6549
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8+January Session, 2011
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10+*_____HB06549APP___051111____*
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512 AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S OVERSIGHT RESPONSIBILITIES RELATING TO SCOPE OF PRACTICE DETERMINATIONS FOR HEALTH CARE PROFESSIONS.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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9-Section 1. (NEW) (Effective July 1, 2011) (a) Any person or entity, acting on behalf of a health care profession that seeks to establish a new scope of practice or change a profession's scope of practice, may submit a written scope of practice request to the Department of Public Health not later than August fifteenth of the year preceding the commencement of the next regular session of the General Assembly.
16+Section 1. (NEW) (Effective July 1, 2011) (a) Except as provided in subsection (f) of this section, any person or entity, acting on behalf of a health care profession that seeks to advance legislation that would result in a statutory change to such profession's scope of practice or the enactment of new statutory provisions setting forth the scope of practice, shall submit a written scope of practice request to the Department of Public Health not later than August fifteenth of the year preceding the commencement of the next regular session of the General Assembly.
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11-(b) (1) Any written scope of practice request submitted to the Department of Public Health pursuant to subsection (a) of this section shall include the following information:
18+(b) Any written scope of practice request submitted to the Department of Public Health shall include the following information:
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13-(A) A plain language description of the request;
20+(1) A plain language description of the request;
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15-(B) Public health and safety benefits that the requestor believes will be achieved should the request be implemented and, if applicable, a description of any harm to public health and safety should the request not be implemented;
22+(2) Public health and safety benefits that the requestor believes will be achieved should the request be implemented and, if applicable, a description of any harms to public health and safety should the request not be implemented;
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17-(C) The impact that the request will have on public access to health care;
24+(3) The impact that the request will have on public access to health care;
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19-(D) A brief summary of state or federal laws that govern the health care profession making the request;
26+(4) A summary of state or federal laws that govern the health care profession making the request;
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21-(E) The state's current regulatory oversight of the health care profession making the request;
28+(5) The state's current regulatory oversight of the health care profession making the request;
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23-(F) All current education, training and examination requirements and any relevant certification requirements applicable to the health care profession making the request;
30+(6) All current education and training requirements applicable to the health care profession making the request;
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25-(G) A summary of known scope of practice changes either requested or enacted concerning the health care profession in the five-year period preceding the date of the request;
32+(7) All scope of practice changes either requested or enacted concerning the health care profession in the five-year period preceding the date of the request;
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27-(H) The extent to which the request directly impacts existing relationships within the health care delivery system;
34+(8) The number and types of substantiated professional disciplinary actions brought against the health care profession in the five-year period preceding the date of the request;
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29-(I) The anticipated economic impact of the request on the health care delivery system;
36+(9) The anticipated economic impact to the health care professions affected by the request and the economic impact to the general public;
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31-(J) Regional and national trends concerning licensure of the health care profession making the request and a summary of relevant scope of practice provisions enacted in other states;
38+(10) Regional and national trends concerning licensure of the health care profession making the request and a summary of relevant scope of practice provisions enacted in other states; and
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33-(K) Identification of any health care professions that can reasonably be anticipated to be directly impacted by the request, the nature of the impact and efforts made by the requestor to discuss the request with such health care professions; and
40+(11) Identification of any health care professions that can reasonably be anticipated to oppose the request, the possible nature of opposition to the request and efforts made by the requestor to secure support for the request from other health care professions, including identification of areas of agreement between any affected health care professions.
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35-(L) A description of how the request relates to the health care profession's ability to practice to the full extent of the profession's education and training.
42+(c) In any year in which a request is received pursuant to this section, not later than September fifteenth of the year preceding the commencement of the next regular session of the General Assembly, the Department of Public Health shall: (1) Provide written notification to the joint standing committee of the General Assembly having cognizance of matters relating to public health of any health care profession that has submitted a scope of practice request to the department pursuant to this section; and (2) post any such request on the department's web site and such posting shall include the name and address of the requestor.
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37-(2) In lieu of submitting a scope of practice request as described in subdivision (1) of this subsection, any person or entity acting on behalf of a health care profession may submit a request for an exemption from the processes described in this section and section 2 of this act. A request for exemption shall include a plain language description of the request and the reasons for the request for exemption, including, but not limited to: (A) Exigent circumstances which necessitate an immediate response to the scope of practice request, (B) the lack of any dispute concerning the scope of practice request, or (C) any outstanding issues among health care professions concerning the scope of practice request can easily be resolved. Such request for exemption shall be submitted to the Department of Public Health not later than August fifteenth of the year preceding the commencement of the next regular session of the General Assembly.
44+(d) Any person or entity, acting on behalf of a health care profession that opposes a scope of practice request submitted pursuant to this section may submit to the department a written statement in opposition to the scope of practice request not later than October first of the year preceding the next regular session of the General Assembly. Any such person or entity opposing a scope of practice request shall indicate the reasons for opposing the request taking into consideration the criteria set forth in subsection (b) of this section and shall provide a copy of the written statement in opposition to the scope of practice request to the requestor. Not later than October fifteenth of such year, the requestor shall submit a written response to the department and any person or entity that has provided a written statement of opposition to the scope of practice request. The requestor's written response shall include a description of areas of agreement and disagreement between the respective health care professions.
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39-(c) In any year in which a scope of practice request is received pursuant to this section, not later than September fifteenth of the year preceding the commencement of the next regular session of the General Assembly, the Department of Public Health, within available appropriations, shall: (1) Provide written notification to the joint standing committee of the General Assembly having cognizance of matters relating to public health of any health care profession that has submitted a scope of practice request, including any request for exemption, to the department pursuant to this section; and (2) post any such request, including any request for exemption, and the name and address of the requestor on the department's web site.
46+(e) Except as provided in subsection (f) of this section, any health care profession that fails to comply with the provisions of this section in making a scope of practice request shall be prohibited from seeking legislative action on the scope of practice request until such time as the health care profession is in full compliance with the provisions of this section.
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41-(d) Any person or entity, acting on behalf of a health care profession that may be directly impacted by a scope of practice request submitted pursuant to this section, may submit to the department a written statement identifying the nature of the impact not later than October first of the year preceding the next regular session of the General Assembly. Any such person or entity directly impacted by a scope of practice request shall indicate the nature of the impact taking into consideration the criteria set forth in subsection (b) of this section and shall provide a copy of the written impact statement to the requestor. Not later than October fifteenth of such year, the requestor shall submit a written response to the department and any person or entity that has provided a written impact statement. The requestor's written response shall include, but not be limited to, a description of areas of agreement and disagreement between the respective health care professions.
48+(f) Notwithstanding the provisions of this section, the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to public health may consider and act upon a legislative proposal involving a health care profession's scope of practice, without recourse to the processes described in this section, when such chairpersons determine: (1) Exigent circumstances necessitate an immediate legislative response to the scope of practice request, (2) there is no dispute among health care professions concerning the scope of practice request, or (3) any outstanding issues concerning the scope of practice request can be resolved through the legislative process.
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43-Sec. 2. (NEW) (Effective July 1, 2011) (a) On or before November first of the year preceding the commencement of the next regular session of the General Assembly, the Commissioner of Public Health shall, within available appropriations allocated to the department, establish and appoint members to a scope of practice review committee for each timely scope of practice request submitted to the department pursuant to section 1 of this act. Committees established pursuant to this section shall consist of the following members: (1) Two members recommended by the requestor to represent the health care profession making the scope of practice request; (2) two members recommended by each person or entity that has submitted a written impact statement pursuant to subsection (d) of section 1 of this act, to represent the health care professions directly impacted by the scope of practice request; and (3) the Commissioner of Public Health or the commissioner's designee, who shall serve as an ex-officio, nonvoting member of the committee. The Commissioner of Public Health or the commissioner's designee shall serve as the chairperson of any such committee. The Commissioner of Public Health may appoint additional members to any committee established pursuant to this section to include representatives from health care professions having a proximate relationship to the underlying request if the commissioner or the commissioner's designee determines that such expansion would be beneficial to a resolution of the issues presented. Any member of such committee shall serve without compensation.
50+Sec. 2. (NEW) (Effective July 1, 2011) (a) On or before November first of the year preceding the commencement of the next regular session of the General Assembly, the Commissioner of Public Health shall establish and appoint members to a scope of practice review committee for each timely scope of practice request submitted to the department pursuant to section 1 of this act. Committees established pursuant to this section shall consist of the following members: (1) One member representing the health care profession making the scope of practice request, provided if a state professional board or commission exists under subsection (b) of section 19a-14 of the general statutes for the health care profession making the request, the member shall be selected from such board or commission. If no such board or commission exists, the commissioner, when selecting a committee member, may consult with any professional association representing the health care profession making the request; (2) in the event that one or more persons or entities, acting on behalf of health care professions, have submitted a written statement pursuant to subsection (d) of section 1 of this act opposing the scope of practice request, the commissioner shall appoint not more than three members to represent such health care professions, provided (A) if a state professional board or commission exists under subsection (b) of section 19a-14 of the general statutes for any of the professions opposing the request, the members shall be selected from such board or commission; (B) if no such board or commission exists, the commissioner, when selecting a committee member, may consult with any professional association representing a health care profession opposing the request; and (C) no health care profession opposing a scope of practice request may have more than one person appointed to represent such profession on the committee; (3) two health care professionals licensed in this state who have no personal or professional interest in the scope of practice request; (4) a member of the general public who has no personal or professional interest in the scope of practice request; and (5) the Commissioner of Public Health or the commissioner's designee, who shall serve as an ex-officio, nonvoting member of the committee. Prior to appointing any member of the committee pursuant to subdivision (3) or (4) of this subsection, the Commissioner of Public Health shall consult with the proponent of the scope of practice request and the opponent or opponents of such request. The committee shall select its chairperson from among the members appointed pursuant to subdivision (3) or (4) of this subsection. Any person appointed to serve on a committee pursuant to subdivision (3) or (4) of this subsection shall only serve on one committee during any three-year period. Any physician appointed to the committee pursuant to this subsection shall be licensed in accordance with the provisions of chapter 370 of the general statutes and in active practice. Members of such committee shall serve without compensation.
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45-(b) Any committee established pursuant to this section shall review and evaluate the scope of practice request, subsequent written responses to the request and any other information the committee deems relevant to the scope of practice request. Such review and evaluation shall include, but not be limited to, an assessment of any public health and safety risks that may be associated with the request, whether the request may enhance access to quality and affordable health care and whether the request enhances the ability of the profession to practice to the full extent of the profession's education and training. The committee, when carrying out the duties prescribed in this section, may seek input on the scope of practice request from the Department of Public Health and such other entities as the committee determines necessary in order to provide its written findings as described in subsection (c) of this section.
52+(b) Any committee established pursuant to this section shall review and evaluate the scope of practice request, subsequent written responses to the request and any other information the committee deems relevant to the scope of practice request. The committee, when carrying out the duties prescribed in this section, may seek input on the scope of practice request from the Department of Public Health and such other entities as the committee determines necessary in order to complete its written assessment and recommendations as described in subsection (c) of this section.
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47-(c) The committee, upon concluding its review and evaluation of the scope of practice request, shall provide its findings to the joint standing committee of the General Assembly having cognizance of matters relating to public health. The committee shall provide the written findings to said joint standing committee not later than the February first following the date of the committee's establishment. The committee shall include with its written findings all materials that were presented to the committee for review and consideration during the review process. The committee shall terminate on the date that it submits its written findings to said joint standing committee.
54+(c) The committee, upon concluding its review and evaluation of the scope of practice request, shall provide a written assessment of the scope of practice request and, if applicable, suggested legislative recommendations concerning the request to the joint standing committee of the General Assembly having cognizance of matters relating to public health. The committee shall provide the written assessment and any legislative recommendations to said joint standing committee not later than the February first following the date of the committee's establishment. The committee shall terminate on the date that it submits its written assessment and any legislative recommendations to said joint standing committee.
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49-Sec. 3. (NEW) (Effective July 1, 2011) On or before January 1, 2013, the Commissioner of Public Health shall evaluate the processes implemented pursuant to sections 1 and 2 of this act and report to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a of the general statutes, on the effectiveness of such processes in addressing scope of practice requests. Such report may also include recommendations from the committee concerning measures that could be implemented to improve the scope of practice review process.
56+Sec. 3. (NEW) (Effective July 1, 2011) On or before September 1, 2014, the Commissioner of Public Health shall evaluate the processes implemented pursuant to sections 1 and 2 of this act and thereafter report to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a of the general statutes, on the effectiveness of such processes in addressing scope of practice requests.
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61+This act shall take effect as follows and shall amend the following sections:
62+Section 1 July 1, 2011 New section
63+Sec. 2 July 1, 2011 New section
64+Sec. 3 July 1, 2011 New section
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66+This act shall take effect as follows and shall amend the following sections:
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68+Section 1
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70+July 1, 2011
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72+New section
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74+Sec. 2
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76+July 1, 2011
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78+New section
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80+Sec. 3
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82+July 1, 2011
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84+New section
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88+PH Joint Favorable Subst.
89+APP Joint Favorable
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91+PH
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93+Joint Favorable Subst.
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95+APP
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97+Joint Favorable