Connecticut 2019 2019 Regular Session

Connecticut House Bill HB06146 Chaptered / Bill

Filed 06/20/2019

                     
 
 
Substitute House Bill No. 6146 
 
Public Act No. 19-105 
 
 
AN ACT CONCERNING TH E EXPANSION OF CERTI FICATION 
COURSES IN CARDIOPUL MONARY RESUSCITATION AND 
EDUCATION AND TRAINI NG COURSES IN THE USE OF 
AUTOMATIC EXTERNAL D EFIBRILLATORS AND TH E 
ADMINISTRATION OF FIRST AID. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 19a-113a of the general statutes is repealed and 
the following is substituted in lieu thereof (Effective July 1, 2019): 
The Commissioner of Public Health shall adopt regulations, in 
accordance with chapter 54, requiring that persons who are employed 
as lifeguards shall be certified in cardiopulmonary resuscitation by the 
American Heart Association, the American Red Cross, [or] the 
American Safety and Health Institute or an organization using 
guidelines for cardiopulmonary resuscitation and emergency 
cardiovascular care published by the American Heart Association and 
the International Liaison Committee on Resuscitation.  
Sec. 2. Subsections (b) and (c) of section 52-557b of the general 
statutes are repealed and the following are substituted in lieu thereof 
(Effective July 1, 2019): 
(b) A paid or volunteer firefighter or police officer, a teacher or  Substitute House Bill No. 6146 
 
Public Act No. 19-105 	2 of 9 
 
other school personnel on the school grounds or in the school building 
or at a school function, a member of a ski patrol, a lifeguard, a 
conservation officer, patrol officer or special police officer of the 
Department of Energy and Environmental Protection, or emergency 
medical service personnel, who (1) has completed a course in first aid 
offered by the American Red Cross, the American Heart Association, 
the National Ski Patrol, the Department of Public Health, [or] any 
director of health [, as] or an organization using guidelines for first aid 
published by the American Heart Association and the American Red 
Cross, that is certified by the [agency] organization or director of 
health offering the course, and, [who] (2) renders emergency first aid 
to a person in need thereof, shall not be liable to such person assisted 
for civil damages for any personal injuries which result from acts or 
omissions by such person in rendering the emergency first aid, which 
may constitute ordinary negligence. No paid or volunteer firefighter, 
police officer or emergency medical service personnel who forcibly 
enters the residence of any person in order to render emergency first 
aid to a person whom such firefighter, police officer or emergency 
medical service personnel reasonably believes to be in need thereof 
shall be liable to such person for civil damages incurred as a result of 
such entry. The immunity provided in this subsection does not apply 
to acts or omissions constituting gross, wilful or wanton negligence. 
(c) An employee of a railroad company, including any company 
operating a commuter rail line, who has successfully completed a 
course in first aid, offered by the American Red Cross, the American 
Heart Association, the National Ski Patrol, the Department of Public 
Health, [or] any director of health [, as] or an organization using 
guidelines for first aid published by the American Heart Association 
and the American Red Cross, that is certified by the [agency] 
organization or director of health offering the course, and who renders 
emergency first aid or cardiopulmonary resuscitation to a person in 
need thereof, shall not be liable to such person assisted for civil  Substitute House Bill No. 6146 
 
Public Act No. 19-105 	3 of 9 
 
damages for any personal injury or death which results from acts or 
omissions by such employee in rendering the emergency first aid or 
cardiopulmonary resuscitation which may constitute ordinary 
negligence. The immunity provided in this subsection does not apply 
to acts or omissions constituting gross, wilful or wanton negligence. 
Sec. 3. Subsection (h) of section 52-557b of the general statutes is 
repealed and the following are substituted in lieu thereof (Effective July 
1, 2019): 
(h) Any person who has completed a course in first aid offered by 
the American Red Cross, the American Heart Association, the National 
Ski Patrol, the Department of Public Health, [or] any director of health 
[, as] or by an organization using guidelines for first aid published by 
the American Heart Association and the American Red Cross, that is 
certified by the [agency] organization or director of health offering the 
course, or has been trained in the use of a cartridge injector by a 
licensed physician, physician assistant, advanced practice registered 
nurse or registered nurse, and who, voluntarily and gratuitously and 
other than in the ordinary course of such person's employment or 
practice, renders emergency assistance by using a cartridge injector on 
another person in need thereof, or any person who is an identified staff 
member of a before or after school program, day camp or child care 
facility, as defined in section 19a-900, as amended by this act, and who 
renders emergency assistance by using a cartridge injector on another 
person in need thereof, shall not be liable to such person assisted for 
civil damages for any personal injuries which result from acts or 
omissions by such person in using a cartridge injector, which may 
constitute ordinary negligence. The immunity provided in this 
subsection does not apply to acts or omissions constituting gross, 
wilful or wanton negligence. For the purposes of this subsection, 
"cartridge injector" has the same meaning as provided in subdivision 
(1) of subsection (e) of this section.  Substitute House Bill No. 6146 
 
Public Act No. 19-105 	4 of 9 
 
Sec. 4. Subsection (a) of section 19a-79 of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective July 
1, 2019): 
(a) The Commissioner of Early Childhood shall adopt regulations, 
in accordance with the provisions of chapter 54, to carry out the 
purposes of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, 
inclusive, and to assure that child care centers and group child care 
homes meet the health, educational and social needs of children 
utilizing such child care centers and group child care homes. Such 
regulations shall (1) specify that before being permitted to attend any 
child care center or group child care home, each child shall be 
protected as age-appropriate by adequate immunization against 
diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 
hemophilus influenzae type B and any other vaccine required by the 
schedule of active immunization adopted pursuant to section 19a-7f, 
including appropriate exemptions for children for whom such 
immunization is medically contraindicated and for children whose 
parents or guardian objects to such immunization on religious 
grounds, and that any objection by parents or a guardian to 
immunization of a child on religious grounds shall be accompanied by 
a statement from such parents or guardian that such immunization 
would be contrary to the religious beliefs of such child or the parents 
or guardian of such child, which statement shall be acknowledged, in 
accordance with the provisions of sections 1-32, 1-34 and 1-35, by (A) a 
judge of a court of record or a family support magistrate, (B) a clerk or 
deputy clerk of a court having a seal, (C) a town clerk, (D) a notary 
public, (E) a justice of the peace, or (F) an attorney admitted to the bar 
of this state, (2) specify conditions under which child care center 
directors and teachers and group child care home providers may 
administer tests to monitor glucose levels in a child with diagnosed 
diabetes mellitus, and administer medicinal preparations, including 
controlled drugs specified in the regulations by the commissioner, to a  Substitute House Bill No. 6146 
 
Public Act No. 19-105 	5 of 9 
 
child receiving child care services at such child care center or group 
child care home pursuant to the written order of a physician licensed 
to practice medicine or a dentist licensed to practice dental medicine in 
this or another state, or an advanced practice registered nurse licensed 
to prescribe in accordance with section 20-94a, or a physician assistant 
licensed to prescribe in accordance with section 20-12d, and the written 
authorization of a parent or guardian of such child, (3) specify that an 
operator of a child care center or group child care home, licensed 
before January 1, 1986, or an operator who receives a license after 
January 1, 1986, for a facility licensed prior to January 1, 1986, shall 
provide a minimum of thirty square feet per child of total indoor 
usable space, free of furniture except that needed for the children's 
purposes, exclusive of toilet rooms, bathrooms, coatrooms, kitchens, 
halls, isolation room or other rooms used for purposes other than the 
activities of the children, (4) specify that a child care center or group 
child care home licensed after January 1, 1986, shall provide thirty-five 
square feet per child of total indoor usable space, (5) establish 
appropriate child care center staffing requirements for employees 
certified in cardiopulmonary resuscitation by the American Red Cross, 
the American Heart Association, the National Safety Council, 
American Safety and Health Institute, [or] Medic First Aid 
International, Inc. or an organization using guidelines for 
cardiopulmonary resuscitation and emergency cardiovascular care 
published by the American Heart Association and International 
Liaison Committee on Resuscitation, (6) specify that on and after 
January 1, 2003, a child care center or group child care home (A) shall 
not deny services to a child on the basis of a child's known or 
suspected allergy or because a child has a prescription for an 
automatic prefilled cartridge injector or similar automatic injectable 
equipment used to treat an allergic reaction, or for injectable 
equipment used to administer glucagon, (B) shall, not later than three 
weeks after such child's enrollment in such a center or home, have staff 
trained in the use of such equipment on-site during all hours when  Substitute House Bill No. 6146 
 
Public Act No. 19-105 	6 of 9 
 
such a child is on-site, (C) shall require such child's parent or guardian 
to provide the injector or injectable equipment and a copy of the 
prescription for such medication and injector or injectable equipment 
upon enrollment of such child, and (D) shall require a parent or 
guardian enrolling such a child to replace such medication and 
equipment prior to its expiration date, (7) specify that on and after 
January 1, 2005, a child care center or group child care home (A) shall 
not deny services to a child on the basis of a child's diagnosis of 
asthma or because a child has a prescription for an inhalant medication 
to treat asthma, and (B) shall, not later than three weeks after such 
child's enrollment in such a center or home, have staff trained in the 
administration of such medication on-site during all hours when such 
a child is on-site, and (8) establish physical plant requirements for 
licensed child care centers and licensed group child care homes that 
exclusively serve school-age children. When establishing such 
requirements, the Office of Early Childhood shall give consideration to 
child care centers and group child care homes that are located in 
private or public school buildings. With respect to this subdivision 
only, the commissioner shall implement policies and procedures 
necessary to implement the physical plant requirements established 
pursuant to this subdivision while in the process of adopting such 
policies and procedures in regulation form. Until replaced by policies 
and procedures implemented pursuant to this subdivision, any 
physical plant requirement specified in the office's regulations that is 
generally applicable to child care centers and group child care homes 
shall continue to be applicable to such centers and homes that 
exclusively serve school-age children. The commissioner shall print 
notice of the intent to adopt regulations pursuant to this subdivision in 
the Connecticut Law Journal not later than twenty days after the date 
of implementation of such policies and procedures. Policies and 
procedures implemented pursuant to this subdivision shall be valid 
until the time final regulations are adopted.  Substitute House Bill No. 6146 
 
Public Act No. 19-105 	7 of 9 
 
Sec. 5. Subdivisions (4) and (5) of subsection (a) of section 10-220l of 
the general statutes are repealed and the following is substituted in 
lieu thereof (Effective July 1, 2019): 
(4) "Qualified educator" means any person who (A) holds a valid 
certificate issued by the State Board of Education, pursuant to section 
10-145b, with an endorsement in physical education, (B) (i) is certified 
as a lifeguard by the American Red Cross or another nationally 
recognized organization that conducts aquatic training programs, (ii) 
has completed a safety training course for swim coaches and 
instructors [course] offered by the American Red Cross or an 
organization approved by the State Board of Education, or (iii) was 
certified as a lifeguard for at least five years during the previous ten 
years and has at least five years' experience as a swimming coach or an 
instructor of a physical education course that makes use of a school 
swimming pool, (C) is certified in cardiopulmonary resuscitation, 
pursuant to section [19a-113a-1 of the regulations of Connecticut state 
agencies, as amended from time to time] 19a-113a, as amended by this 
act, and (D) has completed a course in first aid offered by the 
American Red Cross, the American Heart Association, the Department 
of Public Health, [or] any director of health or an organization using 
guidelines for first aid published by the American Heart Association 
and the American Red Cross; 
(5) "Qualified lifeguard" means any person who (A) is sixteen years 
of age or older, (B) is certified as a lifeguard by the American Red 
Cross or another nationally recognized organization that conducts 
aquatic training programs, (C) is certified in cardiopulmonary 
resuscitation, pursuant to section [19a-113a-1 of the regulations of 
Connecticut state agencies, as amended from time to time] 19a-113a, as 
amended by this act, and (D) has completed a course in first aid 
offered by the American Red Cross, the American Heart Association, 
the Department of Public Health, [or] any director of health or an  Substitute House Bill No. 6146 
 
Public Act No. 19-105 	8 of 9 
 
organization using guidelines for first aid published by the American 
Heart Association and the American Red Cross. 
Sec. 6. Subsection (b) of section 19a-900 of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective July 
1, 2019): 
(b) Upon the request and with the written authorization of the 
parent or guardian of a child attending any before or after school 
program, day camp or child care facility, and pursuant to the written 
order of (1) a physician licensed to practice medicine, (2) a physician 
assistant licensed to prescribe in accordance with section 20-12d, or (3) 
an advanced practice registered nurse licensed to prescribe in 
accordance with sections 20-94a and 20-94b, the owner or operator of 
such before or after school program, day camp or child care facility 
shall approve and provide general supervision to an identified staff 
member trained to administer medication with a cartridge injector to 
such child if the child has a medically diagnosed allergic condition that 
may require prompt treatment in order to protect the child against 
serious harm or death. Such staff member shall be trained in the use of 
a cartridge injector by a licensed physician, physician assistant, 
advanced practice registered nurse or registered nurse or shall 
complete a course in first aid offered by the American Red Cross, the 
American Heart Association, the National Ski Patrol, the Department 
of Public Health, [or] any director of health or an organization using 
guidelines for first aid and published by the American Heart 
Association and the American Red Cross.  
Sec. 7. Subdivision (1) of subsection (b) of section 20-266o of the 
general statutes is repealed and the following is substituted in lieu 
thereof (Effective July 1, 2019): 
(b) (1) Each person seeking licensure as a tattoo technician on or 
before January 1, 2015, shall make application on a form prescribed by  Substitute House Bill No. 6146 
 
Public Act No. 19-105 	9 of 9 
 
the department, pay an application fee of two hundred fifty dollars 
and present to the department satisfactory evidence that the applicant: 
(A) Is eighteen years of age or older; (B) has successfully completed, 
within the three years preceding the date of application, a course on 
prevention of disease transmission and blood-borne pathogens that 
complies with the standards adopted by the federal Occupational 
Safety and Health Administration, as described in 29 CFR 1910.1030 et 
seq., as amended from time to time, and that requires the successful 
completion of a proficiency examination as part of such course; and (C) 
holds current certification by the American Red Cross or the American 
Heart Association in basic first aid or by an organization using 
guidelines for first aid published by the American Heart Association 
and the American Red Cross.