Connecticut 2019 Regular Session

Connecticut House Bill HB06146 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6146
	8	+	January Session, 2019
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4		-	Substitute House Bill No. 6146
5		-
6		-	Public Act No. 19-105
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8	13
9	14		AN ACT CONCERNING TH E EXPANSION OF CERTIFICATION
10	15		COURSES IN CARDIOPUL MONARY RESUSCITATION AND
11		-	EDUCATION AND TRAINI NG COURSES IN THE USE OF
12		-	~~AUTOMATIC~~ EXTERNAL ~~D EFIBRILLATORS~~ AND ~~TH E~~
13		-	~~ADMINISTRATION OF FIRST~~ AID.
	16	+	EDUCATION AND TRAINI NG COURSES IN THE USE OF AUTOMATIC
	17	+	EXTERNAL DEFIBRILLAT ORS AND THE ADMINIST RATION OF FIRST
	18	+	AID.
14	19		Be it enacted by the Senate and House of Representatives in General
15	20		Assembly convened:
16	21
17		-	Section 1. Section 19a-113a of the general statutes is repealed and
18		-	the following is substituted in lieu thereof (Effective July 1, 2019):
19		-	The Commissioner of Public Health shall adopt regulations, in
20		-	accordance with chapter 54, requiring that persons who are employed
21		-	as lifeguards shall be certified in cardiopulmonary resuscitation by the
22		-	American Heart Association, the American Red Cross, [or] the
23		-	American Safety and Health Institute or an organization using
24		-	guidelines for cardiopulmonary resuscitation and emergency
25		-	cardiovascular care published by the American Heart Association and
26		-	the International Liaison Committee on Resuscitation.
27		-	Sec. 2. Subsections (b) and (c) of section 52-557b of the general
28		-	statutes are repealed and the following are substituted in lieu thereof
29		-	(Effective July 1, 2019):
30		-	(b) A paid or volunteer firefighter or police officer, a teacher or Substitute House Bill No. 6146
	22	+	Section 1. Section 19a-113a of the general statutes is repealed and 1
	23	+	the following is substituted in lieu thereof (Effective October 1, 2019): 2
	24	+	The Commissioner of Public Health shall adopt regulations, in 3
	25	+	accordance with chapter 54, requiring that persons who are employed 4
	26	+	as lifeguards shall be certified in cardiopulmonary resuscitation by the 5
	27	+	American Heart Association, the American Red Cross, [or] the 6
	28	+	American Safety and Health Institute or an organization with 7
	29	+	substantially similar cardiopulmonary resuscitation certification 8
	30	+	requirements, as determined by the Department of Public Health. 9
	31	+	Sec. 2. Section 19a-197b of the general statutes is repealed and the 10
	32	+	following is substituted in lieu thereof (Effective October 1, 2019): 11
	33	+	A paid or volunteer firefighter or police officer, a member of a ski 12
	34	+	patrol, a lifeguard, a conservation officer, patrol officer or special 13
	35	+	police officer of the Department of Energy and Environmental 14
	36	+	Protection or emergency medical service personnel who has been 15 Substitute Bill No. 6146
31	37
32		-	Public Act No. 19-105 2 of 9
33	38
34		-	other school personnel on the school grounds or in the school building
35		-	or at a school function, a member of a ski patrol, a lifeguard, a
36		-	conservation officer, patrol officer or special police officer of the
37		-	Department of Energy and Environmental Protection, or emergency
38		-	medical service personnel, who (1) has completed a course in first aid
39		-	offered by the American Red Cross, the American Heart Association,
40		-	the National Ski Patrol, the Department of Public Health, [or] any
41		-	director of health [, as] or an organization using guidelines for first aid
42		-	published by the American Heart Association and the American Red
43		-	Cross, that is certified by the [agency] organization or director of
44		-	health offering the course, and, [who] (2) renders emergency first aid
45		-	to a person in need thereof, shall not be liable to such person assisted
46		-	for civil damages for any personal injuries which result from acts or
47		-	omissions by such person in rendering the emergency first aid, which
48		-	may constitute ordinary negligence. No paid or volunteer firefighter,
49		-	police officer or emergency medical service personnel who forcibly
50		-	enters the residence of any person in order to render emergency first
51		-	aid to a person whom such firefighter, police officer or emergency
52		-	medical service personnel reasonably believes to be in need thereof
53		-	shall be liable to such person for civil damages incurred as a result of
54		-	such entry. The immunity provided in this subsection does not apply
55		-	to acts or omissions constituting gross, wilful or wanton negligence.
56		-	(c) An employee of a railroad company, including any company
57		-	operating a commuter rail line, who has successfully completed a
58		-	course in first aid, offered by the American Red Cross, the American
59		-	Heart Association, the National Ski Patrol, the Department of Public
60		-	Health, [or] any director of health [, as] or an organization using
61		-	guidelines for first aid published by the American Heart Association
62		-	and the American Red Cross, that is certified by the [agency]
63		-	organization or director of health offering the course, and who renders
64		-	emergency first aid or cardiopulmonary resuscitation to a person in
65		-	need thereof, shall not be liable to such person assisted for civil Substitute House Bill No. 6146
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	43	+	trained in the use of an automatic external defibrillator in accordance 16
	44	+	with the standards set forth by the American Red Cross, [or] American 17
	45	+	Heart Association or by an organization with substantially similar 18
	46	+	standards, as determined by the Department of Public Health, shall not 19
	47	+	be subject to additional requirements, except recertification 20
	48	+	requirements, in order to use an automatic external defibrillator. 21
	49	+	Sec. 3. Section 52-557b of the general statutes is repealed and the 22
	50	+	following is substituted in lieu thereof (Effective October 1, 2019): 23
	51	+	(a) A person licensed to practice medicine and surgery under the 24
	52	+	provisions of chapter 370 or dentistry under the provisions of section 25
	53	+	20-106 or members of the same professions licensed to practice in any 26
	54	+	other state of the United States, a person licensed as a registered nurse 27
	55	+	under section 20-93 or 20-94 or certified as a licensed practical nurse 28
	56	+	under section 20-96 or 20-97, a medical technician or any person 29
	57	+	operating a cardiopulmonary resuscitator or a person trained in 30
	58	+	cardiopulmonary resuscitation in accordance with the guidelines set 31
	59	+	forth by the American Red Cross, [or] American Heart Association or 32
	60	+	by an organization with substantially similar guidelines, as determined 33
	61	+	by the Department of Public Health, or a person operating an 34
	62	+	automatic external defibrillator, who, voluntarily and gratuitously and 35
	63	+	other than in the ordinary course of such person's employment or 36
	64	+	practice, renders emergency medical or professional assistance to a 37
	65	+	person in need thereof, shall not be liable to such person assisted for 38
	66	+	civil damages for any personal injuries which result from acts or 39
	67	+	omissions by such person in rendering the emergency care, which may 40
	68	+	constitute ordinary negligence. A person or entity that provides or 41
	69	+	maintains an automatic external defibrillator shall not be liable for the 42
	70	+	acts or omissions of the person or entity in providing or maintaining 43
	71	+	the automatic external defibrillator, which may constitute ordinary 44
	72	+	negligence. The immunity provided in this subsection does not apply 45
	73	+	to acts or omissions constituting gross, wilful or wanton negligence. 46
	74	+	With respect to the use of an automatic external defibrillator, the 47
	75	+	immunity provided in this subsection shall only apply to acts or 48 Substitute Bill No. 6146
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69		-	damages for any personal injury or death which results from acts or
70		-	omissions by such employee in rendering the emergency first aid or
71		-	cardiopulmonary resuscitation which may constitute ordinary
72		-	negligence. The immunity provided in this subsection does not apply
73		-	to acts or omissions constituting gross, wilful or wanton negligence.
74		-	Sec. 3. Subsection (h) of section 52-557b of the general statutes is
75		-	repealed and the following are substituted in lieu thereof (Effective July
76		-	1, 2019):
77		-	(h) Any person who has completed a course in first aid offered by
78		-	the American Red Cross, the American Heart Association, the National
79		-	Ski Patrol, the Department of Public Health, [or] any director of health
80		-	[, as] or by an organization using guidelines for first aid published by
81		-	the American Heart Association and the American Red Cross, that is
82		-	certified by the [agency] organization or director of health offering the
83		-	course, or has been trained in the use of a cartridge injector by a
84		-	licensed physician, physician assistant, advanced practice registered
85		-	nurse or registered nurse, and who, voluntarily and gratuitously and
86		-	other than in the ordinary course of such person's employment or
87		-	practice, renders emergency assistance by using a cartridge injector on
88		-	another person in need thereof, or any person who is an identified staff
89		-	member of a before or after school program, day camp or child care
90		-	facility, as defined in section 19a-900, as amended by this act, and who
91		-	renders emergency assistance by using a cartridge injector on another
92		-	person in need thereof, shall not be liable to such person assisted for
93		-	civil damages for any personal injuries which result from acts or
94		-	omissions by such person in using a cartridge injector, which may
95		-	constitute ordinary negligence. The immunity provided in this
96		-	subsection does not apply to acts or omissions constituting gross,
97		-	wilful or wanton negligence. For the purposes of this subsection,
98		-	"cartridge injector" has the same meaning as provided in subdivision
99		-	(1) of subsection (e) of this section. Substitute House Bill No. 6146
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101		-	Public Act No. 19-105 4 of 9
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103		-	Sec. 4. Subsection (a) of section 19a-79 of the general statutes is
104		-	repealed and the following is substituted in lieu thereof (Effective July
105		-	1, 2019):
106		-	(a) The Commissioner of Early Childhood shall adopt regulations,
107		-	in accordance with the provisions of chapter 54, to carry out the
108		-	purposes of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87,
109		-	inclusive, and to assure that child care centers and group child care
110		-	homes meet the health, educational and social needs of children
111		-	utilizing such child care centers and group child care homes. Such
112		-	regulations shall (1) specify that before being permitted to attend any
113		-	child care center or group child care home, each child shall be
114		-	protected as age-appropriate by adequate immunization against
115		-	diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella,
116		-	hemophilus influenzae type B and any other vaccine required by the
117		-	schedule of active immunization adopted pursuant to section 19a-7f,
118		-	including appropriate exemptions for children for whom such
119		-	immunization is medically contraindicated and for children whose
120		-	parents or guardian objects to such immunization on religious
121		-	grounds, and that any objection by parents or a guardian to
122		-	immunization of a child on religious grounds shall be accompanied by
123		-	a statement from such parents or guardian that such immunization
124		-	would be contrary to the religious beliefs of such child or the parents
125		-	or guardian of such child, which statement shall be acknowledged, in
126		-	accordance with the provisions of sections 1-32, 1-34 and 1-35, by (A) a
127		-	judge of a court of record or a family support magistrate, (B) a clerk or
128		-	deputy clerk of a court having a seal, (C) a town clerk, (D) a notary
129		-	public, (E) a justice of the peace, or (F) an attorney admitted to the bar
130		-	of this state, (2) specify conditions under which child care center
131		-	directors and teachers and group child care home providers may
132		-	administer tests to monitor glucose levels in a child with diagnosed
133		-	diabetes mellitus, and administer medicinal preparations, including
134		-	controlled drugs specified in the regulations by the commissioner, to a Substitute House Bill No. 6146
	82	+	omissions involving the use of an automatic external defibrillator in 49
	83	+	the rendering of emergency care. Nothing in this subsection shall be 50
	84	+	construed to exempt paid or volunteer firefighters, police officers or 51
	85	+	emergency medical services personnel from completing training in 52
	86	+	cardiopulmonary resuscitation or in the use of an automatic external 53
	87	+	defibrillator in accordance with the guidelines set forth by the 54
	88	+	American Red Cross, [or] American Heart Association or by an 55
	89	+	organization with substantially similar guidelines, as determined by 56
	90	+	the Department of Public Health. For the purposes of this subsection, 57
	91	+	"automatic external defibrillator" means a device that: (1) Is used to 58
	92	+	administer an electric shock through the chest wall to the heart; (2) 59
	93	+	contains internal decision-making electronics, microcomputers or 60
	94	+	special software that allows it to interpret physiologic signals, make 61
	95	+	medical diagnosis and, if necessary, apply therapy; (3) guides the user 62
	96	+	through the process of using the device by audible or visual prompts; 63
	97	+	and (4) does not require the user to employ any discretion or judgment 64
	98	+	in its use. 65
	99	+	(b) A paid or volunteer firefighter or police officer, a teacher or 66
	100	+	other school personnel on the school grounds or in the school building 67
	101	+	or at a school function, a member of a ski patrol, a lifeguard, a 68
	102	+	conservation officer, patrol officer or special police officer of the 69
	103	+	Department of Energy and Environmental Protection, or emergency 70
	104	+	medical service personnel, who (1) has completed a course in first aid 71
	105	+	offered by the American Red Cross, the American Heart Association, 72
	106	+	the National Ski Patrol, the Department of Public Health, [or] any 73
	107	+	director of health [, as] or an organization with a substantially similar 74
	108	+	course in first aid, as determined by the Department of Public Health, 75
	109	+	that is certified by the [agency] organization or director of health 76
	110	+	offering the course, and, [who] (2) renders emergency first aid to a 77
	111	+	person in need thereof, shall not be liable to such person assisted for 78
	112	+	civil damages for any personal injuries which result from acts or 79
	113	+	omissions by such person in rendering the emergency first aid, which 80
	114	+	may constitute ordinary negligence. No paid or volunteer firefighter, 81
	115	+	police officer or emergency medical service personnel who forcibly 82 Substitute Bill No. 6146
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136		-	Public Act No. 19-105 5 of 9
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138		-	child receiving child care services at such child care center or group
139		-	child care home pursuant to the written order of a physician licensed
140		-	to practice medicine or a dentist licensed to practice dental medicine in
141		-	this or another state, or an advanced practice registered nurse licensed
142		-	to prescribe in accordance with section 20-94a, or a physician assistant
143		-	licensed to prescribe in accordance with section 20-12d, and the written
144		-	authorization of a parent or guardian of such child, (3) specify that an
145		-	operator of a child care center or group child care home, licensed
146		-	before January 1, 1986, or an operator who receives a license after
147		-	January 1, 1986, for a facility licensed prior to January 1, 1986, shall
148		-	provide a minimum of thirty square feet per child of total indoor
149		-	usable space, free of furniture except that needed for the children's
150		-	purposes, exclusive of toilet rooms, bathrooms, coatrooms, kitchens,
151		-	halls, isolation room or other rooms used for purposes other than the
152		-	activities of the children, (4) specify that a child care center or group
153		-	child care home licensed after January 1, 1986, shall provide thirty-five
154		-	square feet per child of total indoor usable space, (5) establish
155		-	appropriate child care center staffing requirements for employees
156		-	certified in cardiopulmonary resuscitation by the American Red Cross,
157		-	the American Heart Association, the National Safety Council,
158		-	American Safety and Health Institute, [or] Medic First Aid
159		-	International, Inc. or an organization using guidelines for
160		-	cardiopulmonary resuscitation and emergency cardiovascular care
161		-	published by the American Heart Association and International
162		-	Liaison Committee on Resuscitation, (6) specify that on and after
163		-	January 1, 2003, a child care center or group child care home (A) shall
164		-	not deny services to a child on the basis of a child's known or
165		-	suspected allergy or because a child has a prescription for an
166		-	automatic prefilled cartridge injector or similar automatic injectable
167		-	equipment used to treat an allergic reaction, or for injectable
168		-	equipment used to administer glucagon, (B) shall, not later than three
169		-	weeks after such child's enrollment in such a center or home, have staff
170		-	trained in the use of such equipment on-site during all hours when Substitute House Bill No. 6146
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	122	+	enters the residence of any person in order to render emergency first 83
	123	+	aid to a person whom such firefighter, police officer or emergency 84
	124	+	medical service personnel reasonably believes to be in need thereof 85
	125	+	shall be liable to such person for civil damages incurred as a result of 86
	126	+	such entry. The immunity provided in this subsection does not apply 87
	127	+	to acts or omissions constituting gross, wilful or wanton negligence. 88
	128	+	(c) An employee of a railroad company, including any company 89
	129	+	operating a commuter rail line, who has successfully completed a 90
	130	+	course in first aid, offered by the American Red Cross, the American 91
	131	+	Heart Association, the National Ski Patrol, the Department of Public 92
	132	+	Health, [or] any director of health [, as] or an organization with a 93
	133	+	substantially similar course in first aid, as determined by the 94
	134	+	department, that is certified by the [agency] organization or director of 95
	135	+	health offering the course, and who renders emergency first aid or 96
	136	+	cardiopulmonary resuscitation to a person in need thereof, shall not be 97
	137	+	liable to such person assisted for civil damages for any personal injury 98
	138	+	or death which results from acts or omissions by such employee in 99
	139	+	rendering the emergency first aid or cardiopulmonary resuscitation 100
	140	+	which may constitute ordinary negligence. The immunity provided in 101
	141	+	this subsection does not apply to acts or omissions constituting gross, 102
	142	+	wilful or wanton negligence. 103
	143	+	(d) A railroad company, including any commuter rail line, which 104
	144	+	provides emergency medical training or equipment to any employee 105
	145	+	granted immunity pursuant to subsection (c) of this section shall not be 106
	146	+	liable for civil damages for any injury sustained by a person or for the 107
	147	+	death of a person which results from the company's acts or omissions 108
	148	+	in providing such training or equipment or which results from acts or 109
	149	+	omissions by such employee in rendering emergency first aid or 110
	150	+	cardiopulmonary resuscitation, which may constitute ordinary 111
	151	+	negligence. The immunity provided in this subsection does not apply 112
	152	+	to acts or omissions constituting gross, wilful or wanton negligence. 113
	153	+	(e) (1) For purposes of this subsection, "cartridge injector" means an 114
	154	+	automatic prefilled cartridge injector or similar automatic injectable 115 Substitute Bill No. 6146
173	155
174		-	such a child is on-site, (C) shall require such child's parent or guardian
175		-	to provide the injector or injectable equipment and a copy of the
176		-	prescription for such medication and injector or injectable equipment
177		-	upon enrollment of such child, and (D) shall require a parent or
178		-	guardian enrolling such a child to replace such medication and
179		-	equipment prior to its expiration date, (7) specify that on and after
180		-	January 1, 2005, a child care center or group child care home (A) shall
181		-	not deny services to a child on the basis of a child's diagnosis of
182		-	asthma or because a child has a prescription for an inhalant medication
183		-	to treat asthma, and (B) shall, not later than three weeks after such
184		-	child's enrollment in such a center or home, have staff trained in the
185		-	administration of such medication on-site during all hours when such
186		-	a child is on-site, and (8) establish physical plant requirements for
187		-	licensed child care centers and licensed group child care homes that
188		-	exclusively serve school-age children. When establishing such
189		-	requirements, the Office of Early Childhood shall give consideration to
190		-	child care centers and group child care homes that are located in
191		-	private or public school buildings. With respect to this subdivision
192		-	only, the commissioner shall implement policies and procedures
193		-	necessary to implement the physical plant requirements established
194		-	pursuant to this subdivision while in the process of adopting such
195		-	policies and procedures in regulation form. Until replaced by policies
196		-	and procedures implemented pursuant to this subdivision, any
197		-	physical plant requirement specified in the office's regulations that is
198		-	generally applicable to child care centers and group child care homes
199		-	shall continue to be applicable to such centers and homes that
200		-	exclusively serve school-age children. The commissioner shall print
201		-	notice of the intent to adopt regulations pursuant to this subdivision in
202		-	the Connecticut Law Journal not later than twenty days after the date
203		-	of implementation of such policies and procedures. Policies and
204		-	procedures implemented pursuant to this subdivision shall be valid
205		-	until the time final regulations are adopted. Substitute House Bill No. 6146
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209		-	Sec. 5. Subdivisions (4) and (5) of subsection (a) of section 10-220l of
210		-	the general statutes are repealed and the following is substituted in
211		-	lieu thereof (Effective July 1, 2019):
212		-	(4) "Qualified educator" means any person who (A) holds a valid
213		-	certificate issued by the State Board of Education, pursuant to section
214		-	10-145b, with an endorsement in physical education, (B) (i) is certified
215		-	as a lifeguard by the American Red Cross or another nationally
216		-	recognized organization that conducts aquatic training programs, (ii)
217		-	has completed a safety training course for swim coaches and
218		-	instructors [course] offered by the American Red Cross or an
219		-	organization approved by the State Board of Education, or (iii) was
220		-	certified as a lifeguard for at least five years during the previous ten
221		-	years and has at least five years' experience as a swimming coach or an
222		-	instructor of a physical education course that makes use of a school
223		-	swimming pool, (C) is certified in cardiopulmonary resuscitation,
224		-	pursuant to section [19a-113a-1 of the regulations of Connecticut state
225		-	agencies, as amended from time to time] 19a-113a, as amended by this
226		-	act, and (D) has completed a course in first aid offered by the
227		-	American Red Cross, the American Heart Association, the Department
228		-	of Public Health, [or] any director of health or an organization using
229		-	guidelines for first aid published by the American Heart Association
230		-	and the American Red Cross;
231		-	(5) "Qualified lifeguard" means any person who (A) is sixteen years
232		-	of age or older, (B) is certified as a lifeguard by the American Red
233		-	Cross or another nationally recognized organization that conducts
234		-	aquatic training programs, (C) is certified in cardiopulmonary
235		-	resuscitation, pursuant to section [19a-113a-1 of the regulations of
236		-	Connecticut state agencies, as amended from time to time] 19a-113a, as
237		-	amended by this act, and (D) has completed a course in first aid
238		-	offered by the American Red Cross, the American Heart Association,
239		-	the Department of Public Health, [or] any director of health or an Substitute House Bill No. 6146
	161	+	equipment used to deliver epinephrine in a standard dose for 116
	162	+	emergency first aid response to allergic reactions. 117
	163	+	(2) Any volunteer worker associated with, or any person employed 118
	164	+	to work for, a program offered to children sixteen years of age or 119
	165	+	younger by a corporation, other than a licensed health care provider, 120
	166	+	that is exempt from federal income taxation under Section 501 of the 121
	167	+	Internal Revenue Code of 1986, or any subsequent corresponding 122
	168	+	internal revenue code of the United States, as from time to time 123
	169	+	amended, who (A) has been trained in the use of a cartridge injector by 124
	170	+	a licensed physician, physician assistant, advanced practice registered 125
	171	+	nurse or registered nurse, (B) has obtained the consent of a parent or 126
	172	+	legal guardian to use a cartridge injector on his or her child, and (C) 127
	173	+	uses a cartridge injector on such child in apparent need thereof 128
	174	+	participating in such program, shall not be liable to such child assisted 129
	175	+	or to such child's parent or guardian for civil damages for any personal 130
	176	+	injury or death which results from acts or omissions by such worker in 131
	177	+	using a cartridge injector which may constitute ordinary negligence. 132
	178	+	The immunity provided in this subsection does not apply to acts or 133
	179	+	omissions constituting gross, wilful or wanton negligence. 134
	180	+	(3) A corporation, other than a licensed health care provider, that is 135
	181	+	exempt from federal income taxation under Section 501 of the Internal 136
	182	+	Revenue Code of 1986, or any subsequent corresponding internal 137
	183	+	revenue code of the United States, as from time to time amended, 138
	184	+	which provides training in the use of cartridge injectors to any 139
	185	+	volunteer worker granted immunity pursuant to subdivision (2) of this 140
	186	+	subsection shall not be liable for civil damages for any injury sustained 141
	187	+	by, or for the death of, a child sixteen years of age or younger who is 142
	188	+	participating in a program offered by such corporation, which injury 143
	189	+	or death results from acts or omissions by such worker in using a 144
	190	+	cartridge injector, which may constitute ordinary negligence. The 145
	191	+	immunity provided in this subsection does not apply to acts or 146
	192	+	omissions constituting gross, wilful or wanton negligence. 147
	193	+	(f) A teacher or other school personnel, on the school grounds or in 148 Substitute Bill No. 6146
240	194
241		-	Public Act No. 19-105 8 of 9
242	195
243		-	organization using guidelines for first aid published by the American
244		-	Heart Association and the American Red Cross.
245		-	Sec. 6. Subsection (b) of section 19a-900 of the general statutes is
246		-	repealed and the following is substituted in lieu thereof (Effective July
247		-	1, 2019):
248		-	(b) Upon the request and with the written authorization of the
249		-	parent or guardian of a child attending any before or after school
250		-	program, day camp or child care facility, and pursuant to the written
251		-	order of (1) a physician licensed to practice medicine, (2) a physician
252		-	assistant licensed to prescribe in accordance with section 20-12d, or (3)
253		-	an advanced practice registered nurse licensed to prescribe in
254		-	accordance with sections 20-94a and 20-94b, the owner or operator of
255		-	such before or after school program, day camp or child care facility
256		-	shall approve and provide general supervision to an identified staff
257		-	member trained to administer medication with a cartridge injector to
258		-	such child if the child has a medically diagnosed allergic condition that
259		-	may require prompt treatment in order to protect the child against
260		-	serious harm or death. Such staff member shall be trained in the use of
261		-	a cartridge injector by a licensed physician, physician assistant,
262		-	advanced practice registered nurse or registered nurse or shall
263		-	complete a course in first aid offered by the American Red Cross, the
264		-	American Heart Association, the National Ski Patrol, the Department
265		-	of Public Health, [or] any director of health or an organization using
266		-	guidelines for first aid and published by the American Heart
267		-	Association and the American Red Cross.
268		-	Sec. 7. Subdivision (1) of subsection (b) of section 20-266o of the
269		-	general statutes is repealed and the following is substituted in lieu
270		-	thereof (Effective July 1, 2019):
271		-	(b) (1) Each person seeking licensure as a tattoo technician on or
272		-	before January 1, 2015, shall make application on a form prescribed by Substitute House Bill No. 6146
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	200	+	the school building or at a school function, who has completed both a 149
	201	+	course in first aid in accordance with subsection (b) of this section and 150
	202	+	a course given by the medical advisor of the school or by a licensed 151
	203	+	physician in the administration of medication by injection, who 152
	204	+	renders emergency care by administration of medication by injection 153
	205	+	to a person in need thereof, shall not be liable to the person assisted for 154
	206	+	civil damages for any injuries which result from acts or omissions by 155
	207	+	the person in rendering the emergency care of administration of 156
	208	+	medication by injection, which may constitute ordinary negligence. 157
	209	+	The immunity provided in this subsection does not apply to acts or 158
	210	+	omissions constituting gross, wilful or wanton negligence. 159
	211	+	(g) The provisions of this section shall not be construed to require 160
	212	+	any teacher or other school personnel to render emergency first aid or 161
	213	+	administer medication by injection. 162
	214	+	(h) Any person who has completed a course in first aid offered by 163
	215	+	the American Red Cross, the American Heart Association, the National 164
	216	+	Ski Patrol, the Department of Public Health, [or] any director of health 165
	217	+	[, as] or by an organization with a substantially similar course in first 166
	218	+	aid, as determined by the department, that is certified by the [agency] 167
	219	+	organization or director of health offering the course, or has been 168
	220	+	trained in the use of a cartridge injector by a licensed physician, 169
	221	+	physician assistant, advanced practice registered nurse or registered 170
	222	+	nurse, and who, voluntarily and gratuitously and other than in the 171
	223	+	ordinary course of such person's employment or practice, renders 172
	224	+	emergency assistance by using a cartridge injector on another person 173
	225	+	in need thereof, or any person who is an identified staff member of a 174
	226	+	before or after school program, day camp or child care facility, as 175
	227	+	defined in section 19a-900, and who renders emergency assistance by 176
	228	+	using a cartridge injector on another person in need thereof, shall not 177
	229	+	be liable to such person assisted for civil damages for any personal 178
	230	+	injuries which result from acts or omissions by such person in using a 179
	231	+	cartridge injector, which may constitute ordinary negligence. The 180
	232	+	immunity provided in this subsection does not apply to acts or 181 Substitute Bill No. 6146
275	233
276		-	the department, pay an application fee of two hundred fifty dollars
277		-	and present to the department satisfactory evidence that the applicant:
278		-	(A) Is eighteen years of age or older; (B) has successfully completed,
279		-	within the three years preceding the date of application, a course on
280		-	prevention of disease transmission and blood-borne pathogens that
281		-	complies with the standards adopted by the federal Occupational
282		-	Safety and Health Administration, as described in 29 CFR 1910.1030 et
283		-	seq., as amended from time to time, and that requires the successful
284		-	completion of a proficiency examination as part of such course; and (C)
285		-	holds current certification by the American Red Cross or the American
286		-	Heart Association in basic first aid or by an organization using
287		-	guidelines for first aid published by the American Heart Association
288		-	and the American Red Cross.
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	238	+
	239	+	omissions constituting gross, wilful or wanton negligence. For the 182
	240	+	purposes of this subsection, "cartridge injector" has the same meaning 183
	241	+	as provided in subdivision (1) of subsection (e) of this section. 184
	242	+	(i) A school bus driver, on or in the immediate vicinity of a school 185
	243	+	bus during the provision of school transportation services, who 186
	244	+	renders emergency care by administration of medication with a 187
	245	+	cartridge injector to a student in need thereof who has a medically 188
	246	+	diagnosed allergic condition that may require prompt treatment in 189
	247	+	order to protect the student against serious harm or death, shall not be 190
	248	+	liable to the student assisted for civil damages for any injuries which 191
	249	+	result from acts or omissions by the school bus driver in rendering the 192
	250	+	emergency care of administration of medication with a cartridge 193
	251	+	injector, which may constitute ordinary negligence. The immunity 194
	252	+	provided in this subsection does not apply to acts or omissions 195
	253	+	constituting gross, wilful or wanton negligence. For the purposes of 196
	254	+	this subsection, "cartridge injector" has the same meaning as provided 197
	255	+	in subdivision (1) of subsection (e) of this section. 198
	256	+	Sec. 4. Subsection (b) of section 10a-55l of the general statutes is 199
	257	+	repealed and the following is substituted in lieu thereof (Effective 200
	258	+	October 1, 2019): 201
	259	+	(b) Each athletic department of an institution of higher education 202
	260	+	shall (1) (A) provide and maintain in a central location that is not more 203
	261	+	than one-quarter mile from the premises used by the athletic 204
	262	+	department at least one automatic external defibrillator, as defined in 205
	263	+	section 19a-175, and (B) make such central location known and 206
	264	+	accessible to employees and student-athletes of such institution of 207
	265	+	higher education during all hours of intercollegiate sport practice, 208
	266	+	training and competition, (2) ensure that at least one licensed athletic 209
	267	+	trainer or other person who is trained in cardiopulmonary 210
	268	+	resuscitation and the use of an automatic external defibrillator in 211
	269	+	accordance with the standards set forth by the American Red Cross, 212
	270	+	[or] American Heart Association or an organization with substantially 213
	271	+	similar standards, as determined by the Department of Public Health, 214 Substitute Bill No. 6146
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	277	+
	278	+	is on the premises used by the athletic department during all hours of 215
	279	+	intercollegiate sport practice, training and competition, (3) maintain 216
	280	+	and test the automatic external defibrillator in accordance with the 217
	281	+	manufacturer's guidelines, and (4) promptly notify a local emergency 218
	282	+	medical services provider after each use of such automatic external 219
	283	+	defibrillator. As used in this section, "the premises used by the athletic 220
	284	+	department" means those premises that are used for intercollegiate 221
	285	+	sport practice, training or competition and may include, but need not 222
	286	+	be limited to, an athletic building or room, gymnasium, athletic field or 223
	287	+	stadium; and "intercollegiate sport" means a sport played at the 224
	288	+	collegiate level for which eligibility requirements for participation by a 225
	289	+	student-athlete are established by a national association for the 226
	290	+	promotion or regulation of collegiate athletics. 227
	291	+	Sec. 5. Subsection (a) of section 19a-79 of the general statutes is 228
	292	+	repealed and the following is substituted in lieu thereof (Effective 229
	293	+	October 1, 2019): 230
	294	+	(a) The Commissioner of Early Childhood shall adopt regulations, 231
	295	+	in accordance with the provisions of chapter 54, to carry out the 232
	296	+	purposes of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, 233
	297	+	inclusive, and to assure that child care centers and group child care 234
	298	+	homes meet the health, educational and social needs of children 235
	299	+	utilizing such child care centers and group child care homes. Such 236
	300	+	regulations shall (1) specify that before being permitted to attend any 237
	301	+	child care center or group child care home, each child shall be 238
	302	+	protected as age-appropriate by adequate immunization against 239
	303	+	diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 240
	304	+	hemophilus influenzae type B and any other vaccine required by the 241
	305	+	schedule of active immunization adopted pursuant to section 19a-7f, 242
	306	+	including appropriate exemptions for children for whom such 243
	307	+	immunization is medically contraindicated and for children whose 244
	308	+	parents or guardian objects to such immunization on religious 245
	309	+	grounds, and that any objection by parents or a guardian to 246
	310	+	immunization of a child on religious grounds shall be accompanied by 247 Substitute Bill No. 6146
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	316	+
	317	+	a statement from such parents or guardian that such immunization 248
	318	+	would be contrary to the religious beliefs of such child or the parents 249
	319	+	or guardian of such child, which statement shall be acknowledged, in 250
	320	+	accordance with the provisions of sections 1-32, 1-34 and 1-35, by (A) a 251
	321	+	judge of a court of record or a family support magistrate, (B) a clerk or 252
	322	+	deputy clerk of a court having a seal, (C) a town clerk, (D) a notary 253
	323	+	public, (E) a justice of the peace, or (F) an attorney admitted to the bar 254
	324	+	of this state, (2) specify conditions under which child care center 255
	325	+	directors and teachers and group child care home providers may 256
	326	+	administer tests to monitor glucose levels in a child with diagnosed 257
	327	+	diabetes mellitus, and administer medicinal preparations, including 258
	328	+	controlled drugs specified in the regulations by the commissioner, to a 259
	329	+	child receiving child care services at such child care center or group 260
	330	+	child care home pursuant to the written order of a physician licensed 261
	331	+	to practice medicine or a dentist licensed to practice dental medicine in 262
	332	+	this or another state, or an advanced practice registered nurse licensed 263
	333	+	to prescribe in accordance with section 20-94a, or a physician assistant 264
	334	+	licensed to prescribe in accordance with section 20-12d, and the written 265
	335	+	authorization of a parent or guardian of such child, (3) specify that an 266
	336	+	operator of a child care center or group child care home, licensed 267
	337	+	before January 1, 1986, or an operator who receives a license after 268
	338	+	January 1, 1986, for a facility licensed prior to January 1, 1986, shall 269
	339	+	provide a minimum of thirty square feet per child of total indoor 270
	340	+	usable space, free of furniture except that needed for the children's 271
	341	+	purposes, exclusive of toilet rooms, bathrooms, coatrooms, kitchens, 272
	342	+	halls, isolation room or other rooms used for purposes other than the 273
	343	+	activities of the children, (4) specify that a child care center or group 274
	344	+	child care home licensed after January 1, 1986, shall provide thirty-five 275
	345	+	square feet per child of total indoor usable space, (5) establish 276
	346	+	appropriate child care center staffing requirements for employees 277
	347	+	certified in cardiopulmonary resuscitation by the American Red Cross, 278
	348	+	the American Heart Association, the National Safety Council, 279
	349	+	American Safety and H ealth Institute, [or] Medic First Aid 280
	350	+	International, Inc. or an organization with substantially similar 281
	351	+	cardiopulmonary resuscitation certification requirements, as 282 Substitute Bill No. 6146
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	358	+	determined by the Department of Public Health, (6) specify that on 283
	359	+	and after January 1, 2003, a child care center or group child care home 284
	360	+	(A) shall not deny services to a child on the basis of a child's known or 285
	361	+	suspected allergy or because a child has a prescription for an 286
	362	+	automatic prefilled cartridge injector or similar automatic injectable 287
	363	+	equipment used to treat an allergic reaction, or for injectable 288
	364	+	equipment used to administer glucagon, (B) shall, not later than three 289
	365	+	weeks after such child's enrollment in such a center or home, have staff 290
	366	+	trained in the use of such equipment on-site during all hours when 291
	367	+	such a child is on-site, (C) shall require such child's parent or guardian 292
	368	+	to provide the injector or injectable equipment and a copy of the 293
	369	+	prescription for such medication and injector or injectable equipment 294
	370	+	upon enrollment of such child, and (D) shall require a parent or 295
	371	+	guardian enrolling such a child to replace such medication and 296
	372	+	equipment prior to its expiration date, (7) specify that on and after 297
	373	+	January 1, 2005, a child care center or group child care home (A) shall 298
	374	+	not deny services to a child on the basis of a child's diagnosis of 299
	375	+	asthma or because a child has a prescription for an inhalant medication 300
	376	+	to treat asthma, and (B) shall, not later than three weeks after such 301
	377	+	child's enrollment in such a center or home, have staff trained in the 302
	378	+	administration of such medication on-site during all hours when such 303
	379	+	a child is on-site, and (8) establish physical plant requirements for 304
	380	+	licensed child care centers and licensed group child care homes that 305
	381	+	exclusively serve school-age children. When establishing such 306
	382	+	requirements, the Office of Early Childhood shall give consideration to 307
	383	+	child care centers and group child care homes that are located in 308
	384	+	private or public school buildings. With respect to this subdivision 309
	385	+	only, the commissioner shall implement policies and procedures 310
	386	+	necessary to implement the physical plant requirements established 311
	387	+	pursuant to this subdivision while in the process of adopting such 312
	388	+	policies and procedures in regulation form. Until replaced by policies 313
	389	+	and procedures implemented pursuant to this subdivision, any 314
	390	+	physical plant requirement specified in the office's regulations that is 315
	391	+	generally applicable to child care centers and group child care homes 316
	392	+	shall continue to be applicable to such centers and homes that 317 Substitute Bill No. 6146
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	399	+	exclusively serve school-age children. The commissioner shall print 318
	400	+	notice of the intent to adopt regulations pursuant to this subdivision in 319
	401	+	the Connecticut Law Journal not later than twenty days after the date 320
	402	+	of implementation of such policies and procedures. Policies and 321
	403	+	procedures implemented pursuant to this subdivision shall be valid 322
	404	+	until the time final regulations are adopted. 323
	405	+	This act shall take effect as follows and shall amend the following
	406	+	sections:
	407	+
	408	+	Section 1 October 1, 2019 19a-113a
	409	+	Sec. 2 October 1, 2019 19a-197b
	410	+	Sec. 3 October 1, 2019 52-557b
	411	+	Sec. 4 October 1, 2019 10a-55l(b)
	412	+	Sec. 5 October 1, 2019 19a-79(a)
	413	+
	414	+	PH Joint Favorable Subst.
289	415