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General Assembly Raised Bill No. 5417
February Session, 2020
LCO No. 2272
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING TH E DEPARTMENT OF PUBL IC HEALTH'S
RECOMMENDATIONS REGA RDING VARIOUS REVISIONS TO THE
PUBLIC HEALTH STATUT ES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 73 of public act 19-117 is repealed and the following 1
is substituted in lieu thereof (Effective October 1, 2020): 2
Notwithstanding any provision of title 19a or 25 of the general 3
statutes, [and not later than March 1, 2020,] a director of health of a town, 4
city or borough or of a district department of health appointed pursuant 5
to section 19a-200, as amended by this act, or 19a-242 of the general 6
statutes may issue a permit for a replacement public well if the 7
Department of Public Health has approved such replacement public 8
well pursuant to subsection (b) of section 25-33 of the general statutes, 9
as amended by this act. For purposes of this section, "replacement public 10
well" means a public well that (1) replaces an existing public well, [in a 11
town in southeastern Connecticut with a population between fifteen 12
thousand and fifteen thousand three hundred, as enumerated by the 13
2010 federal decennial census,] and (2) does not meet the sanitary radius 14 Raised Bill No. 5417
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and minimum setback requirements as specified in the regulations of 15
Connecticut [State Agencies] state agencies. 16
Sec. 2. Subsection (b) of section 25-33 of the 2020 supplement to the 17
general statutes is repealed and the following is substituted in lieu 18
thereof (Effective October 1, 2020): 19
(b) No system of water supply owned or used by a water company 20
shall be constructed or expanded or a new additional source of water 21
supply utilized until the plans therefor have been submitted to and 22
reviewed and approved by the department, except that no such prior 23
review or approval is required for distribution water main installations 24
that are constructed in accordance with sound engineering standards 25
and all applicable laws and regulations. A plan for any proposed new 26
source of water supply submitted to the department pursuant to this 27
subsection shall include documentation that provides for: (1) A brief 28
description of potential effects that the proposed new source of water 29
supply may have on nearby water supply systems including public and 30
private wells; and (2) the water company's ownership or control of the 31
proposed new source of water supply's sanitary radius and minimum 32
setback requirements as specified in the regulations of Connecticut state 33
agencies and that such ownership or control shall continue to be 34
maintained as specified in such regulations. If the department 35
determines, based upon documentation provided, that the water 36
company does not own or control the proposed new source of water 37
supply's sanitary radius or minimum setback requirements as specified 38
in the regulations of Connecticut state agencies, the department shall 39
require the water company proposing a new source of water supply to 40
supply additional documentation to the department that adequately 41
demonstrates the alternative methods that will be utilized to assure the 42
proposed new source of water supply's long-term purity and adequacy. 43
In reviewing any plan for a proposed new source of water supply, the 44
department shall consider the issues specified in this subsection. The 45
Commissioner of Public Health may adopt regulations, in accordance 46
with the provisions of chapter 54, to carry out the provisions of this 47
subsection and subsection (c) of this section. For purposes of this 48 Raised Bill No. 5417
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subsection and subsection (c) of this section, "distribution water main 49
installations" means installations, extensions, replacements or repairs of 50
public water supply system mains from which water is or will be 51
delivered to one or more service connections and which do not require 52
construction or expansion of pumping stations, storage facilities, 53
treatment facilities or sources of supply. Notwithstanding the 54
provisions of this subsection, the department may approve any location 55
of a replacement public well, if such replacement public well is (A) 56
necessary for the water company to maintain and provide to its 57
consumers a safe and adequate water supply, (B) located in an aquifer 58
of adequate water quality determined by historical water quality data 59
from the source of water supply it is replacing, and (C) in a more 60
protected location when compared to the source of water supply it is 61
replacing, as determined by the department. For purposes of this 62
subsection, "replacement public well" means a public well that (i) 63
replaces an existing public well, [in a town in southeastern Connecticut 64
with a population between fifteen thousand and fifteen thousand three 65
hundred, as enumerated by the 2010, federal decennial census,] and (ii) 66
does not meet the sanitary radius and minimum setback requirements 67
as specified in the regulations of Connecticut state agencies. 68
Sec. 3. Section 8-3i of the general statutes is repealed and the 69
following is substituted in lieu thereof (Effective October 1, 2020): 70
(a) As used in this section "water company" means a water company, 71
as defined in section 25-32a, and "petition" includes a petition or 72
proposal to change the regulations, boundaries or classifications of 73
zoning districts. 74
(b) When an application, petition, request or plan is filed with the 75
zoning commission, planning and zoning commission or zoning board 76
of appeals of any municipality concerning any project on any site that is 77
within the aquifer protection area delineated pursuant to section 22a-78
354c or the watershed of a water company, the applicant or the person 79
making the filing shall provide written notice of the application, 80
petition, request or plan to the (1) water company, and [the 81 Raised Bill No. 5417
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Commissioner of Public Health in a format prescribed by said 82
commissioner, provided such water company or said commissioner has 83
filed a map showing the boundaries of the watershed on the land 84
records of the municipality in which the application, petition, request or 85
plan is made and with the planning commission, zoning commission, 86
planning and zoning commission or zoning board of appeals of such 87
municipality or the aquifer protection area has been delineated in 88
accordance with section 22a-354c, as the case may be] (2) Department of 89
Public Health when the project exceeds five acres or is for a commercial 90
or industrial use, or both uses. Such notice shall be made to the water 91
company by certified mail, return receipt requested, and [shall be 92
mailed] to the department by electronic mail to the electronic mail 93
address designated on its Internet web site for receipt of such notice, 94
and not later than seven days after the date of the application. Such 95
water company and the Commissioner of Public Health may, through a 96
representative, appear and be heard at any hearing on any such 97
application, petition, request or plan. 98
(c) Notwithstanding the provisions of subsection (b) of this section, 99
when an agent of the zoning commission, planning and zoning 100
commission or zoning board of appeals is authorized to approve an 101
application, petition, request or plan concerning any site that is within 102
the aquifer protection area delineated pursuant to section 22a-354c or 103
the watershed of a water company without the approval of the zoning 104
commission, planning and zoning commission or zoning board of 105
appeals, and such agent determines that the proposed activity will not 106
adversely affect the public water supply, the applicant or person making 107
the filing shall not be required to notify the water company, [or] the 108
Commissioner of Public Health, or the commissioner's designee. 109
Sec. 4. Section 22a-42f of the general statutes is repealed and the 110
following is substituted in lieu thereof (Effective October 1, 2020): 111
When an application is filed to conduct or cause to be conducted a 112
regulated activity upon an inland wetland or watercourse, any portion 113
of which is within the watershed of a water company as defined in 114 Raised Bill No. 5417
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section 25-32a, the applicant shall provide written notice of the 115
application to the (1) water company, and [the Commissioner of Public 116
Health in a format prescribed by said commissioner, provided such 117
water company or said commissioner has filed a map showing the 118
boundaries of the watershed on the land records of the municipality in 119
which the application is made and with the inland wetlands agency of 120
such municipality] (2) Department of Public Health when the project 121
exceeds five acres or is for a commercial or industrial use, or both uses. 122
Such notice shall be made to the water company by certified mail, return 123
receipt requested, and [shall be mailed] to the department by electronic 124
mail to the electronic mail address designated by the department on its 125
Internet web site for receipt of such notice, not later than seven days 126
after the date of the application. The water company and the 127
Commissioner of Public Health, through a representative, may appear 128
and be heard at any hearing on the application. 129
Sec. 5. Section 19a-111 of the general statutes is repealed and the 130
following is substituted in lieu thereof (Effective October 1, 2020): 131
Upon receipt of each report of confirmed venous blood lead level 132
equal to or greater than twenty micrograms per deciliter of blood, the 133
local director of health shall make or cause to be made an 134
epidemiological investigation of the source of the lead causing the 135
increased lead level or abnormal body burden and shall order action to 136
be taken by the appropriate person responsible for the condition that 137
brought about such lead poisoning as may be necessary to prevent 138
further exposure of persons to such poisoning. In the case of any 139
residential unit where such action will not result in removal of the 140
hazard within a reasonable time, the local director of health shall utilize 141
such community resources as are available to effect relocation of any 142
family occupying such unit. The local director of health may permit 143
occupancy in said residential unit during abatement if, in such director's 144
judgment, occupancy would not threaten the health and well-being of 145
the occupants. The local director of health shall, not later than thirty 146
days after the conclusion of such director's investigation, report to the 147
Commissioner of Public Health the result of such investigation and the 148 Raised Bill No. 5417
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action taken to ensure against further lead poisoning from the same 149
source, including any measures taken to effect relocation of families, 150
using a web-based surveillance system provided by the commissioner. 151
Such report shall include information relevant to the identification and 152
location of the source of lead poisoning and such other information as 153
the commissioner may require pursuant to regulations adopted in 154
accordance with the provisions of chapter 54. The commissioner shall 155
maintain comprehensive records of all reports submitted pursuant to 156
this section and section 19a-110. Such records shall be geographically 157
indexed in order to determine the location of areas of relatively high 158
incidence of lead poisoning. The commissioner shall establish, in 159
conjunction with recognized professional medical groups, guidelines 160
consistent with the National Centers for Disease Control and Prevention 161
for assessment of the risk of lead poisoning, screening for lead poisoning 162
and treatment and follow-up care of individuals including children with 163
lead poisoning, women who are pregnant and women who are planning 164
pregnancy. Nothing in this section shall be construed to prohibit a local 165
building official from requiring abatement of sources of lead. 166
Sec. 6. Section 19a-37 of the 2020 supplement to the general statutes 167
is repealed and the following is substituted in lieu thereof (Effective 168
October 1, 2020): 169
(a) As used in this section: 170
(1) "Laboratory or firm" means an environmental laboratory 171
registered by the Department of Public Health pursuant to section 19a-172
29a; 173
(2) "Private well" means a water supply well that meets all of the 174
following criteria: (A) Is not a public well; (B) supplies a residential 175
population of less than twenty-five persons per day; and (C) is owned 176
or controlled through an easement or by the same entity that owns or 177
controls the building or parcel that is served by the water supply well; 178
(3) "Public well" means a water supply well that supplies a public 179
water system; 180 Raised Bill No. 5417
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(4) "Semipublic well" means a water supply well that (A) does not 181
meet the definition of a private well or public well, and (B) provides 182
water for drinking and other domestic purposes; and 183
(5) "Water supply well" means an artificial excavation constructed by 184
any method for the purpose of obtaining or providing water for 185
drinking or other domestic, industrial, commercial, agricultural, 186
recreational or irrigation use, or other outdoor water use. 187
(b) The Commissioner of Public Health may adopt regulations, [in the 188
Public Health Code] in accordance with the provisions of chapter 54, for 189
the preservation of the public health pertaining to (1) protection and 190
location of new water supply wells or springs for residential or 191
nonresidential construction or for public or semipublic use, and (2) 192
inspection for compliance with the provisions of municipal regulations 193
adopted pursuant to section 22a-354p. 194
(c) The Commissioner of Public Health shall adopt regulations, in 195
accordance with chapter 54, for the testing of water quality in private 196
[residential] wells and semipublic wells. Any laboratory or firm which 197
conducts a water quality test on a private well serving a residential 198
property or semipublic well shall, not later than thirty days after the 199
completion of such test, report the results of such test to (1) the public 200
health authority of the municipality where the property is located, and 201
(2) the Department of Public Health in a format specified by the 202
department, provided such report shall only be required if the party for 203
whom the laboratory or firm conducted such test informs the laboratory 204
or firm identified on the chain of custody documentation submitted 205
with the test samples that the test was conducted in connection with the 206
sale of such property. No regulation may require such a test to be 207
conducted as a consequence or a condition of the sale, exchange, 208
transfer, purchase or rental of the real property on which the private 209
residential well or semipublic well is located. 210
(d) Prior to the sale, exchange, purchase, transfer or rental of real 211
property on which a [residential] private or semipublic well is located, 212 Raised Bill No. 5417
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the owner shall provide the buyer or tenant notice that educational 213
material concerning private well testing is available on the Department 214
of Public Health web site. Failure to provide such notice shall not 215
invalidate any sale, exchange, purchase, transfer or rental of real 216
property. If the seller or landlord provides such notice in writing, the 217
seller or landlord and any real estate licensee shall be deemed to have 218
fully satisfied any duty to notify the buyer or tenant that the subject real 219
property is located in an area for which there are reasonable grounds for 220
testing under subsection (g) or (j) of this section. 221
(e) The Commissioner of Public Health shall adopt regulations, in 222
accordance with chapter 54, to clarify the criteria under which the 223
commissioner may issue a well permit exception and to describe the 224
terms and conditions that shall be imposed when a well is allowed at a 225
premises (1) that is connected to a public water supply system, or (2) 226
whose boundary is located within two hundred feet of an approved 227
community water supply system, measured along a street, alley or 228
easement. Such regulations shall (A) provide for notification of the 229
permit to the public water supplier, (B) address the quality of the water 230
supplied from the well, the means and extent to which the well shall not 231
be interconnected with the public water supply, the need for a physical 232
separation, and the installation of a reduced pressure device for 233
backflow prevention, the inspection and testing requirements of any 234
such reduced pressure device, and (C) identify the extent and frequency 235
of water quality testing required for the well supply. 236
(f) No regulation may require that a certificate of occupancy for a 237
dwelling unit on such residential property be withheld or revoked on 238
the basis of a water quality test performed on a private [residential] well 239
pursuant to this section, unless such test results indicate that any 240
maximum contaminant level applicable to public water supply systems 241
for any contaminant listed in [the public health code] the regulations of 242
Connecticut state agencies has been exceeded. No administrative 243
agency, health district or municipal health officer may withhold or 244
cause to be withheld such a certificate of occupancy except as provided 245
in this section. 246 Raised Bill No. 5417
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(g) The local director of health may require a private [residential] well 247
or semipublic well to be tested for arsenic, radium, uranium, radon or 248
gross alpha emitters, when there are reasonable grounds to suspect that 249
such contaminants are present in the groundwater. For purposes of this 250
subsection, "reasonable grounds" means (1) the existence of a geological 251
area known to have naturally occurring arsenic, radium, uranium, 252
radon or gross alpha emitter deposits in the bedrock; or (2) the well is 253
located in an area in which it is known that arsenic, radium, uranium, 254
radon or gross alpha emitters are present in the groundwater. 255
(h) Except as provided in subsection (i) of this section, the collection 256
of samples for determining the water quality of private [residential] 257
wells and semipublic wells may be made only by (1) employees of a 258
laboratory or firm certified or approved by the Department of Public 259
Health to test drinking water, if such employees have been trained in 260
sample collection techniques, (2) certified water operators, (3) local 261
health departments and state employees trained in sample collection 262
techniques, or (4) individuals with training and experience that the 263
Department of Public Health deems sufficient. 264
(i) Any owner of a residential construction, including, but not limited 265
to, a homeowner, on which a private [residential] well is located or any 266
general contractor of a new residential construction on which a private 267
[residential] well is located may collect samples of well water for 268
submission to a laboratory or firm for the purposes of testing water 269
quality pursuant to this section, provided (1) such laboratory or firm has 270
provided instructions to said owner or general contractor on how to 271
collect such samples, and (2) such owner or general contractor is 272
identified to the subsequent owner on a form to be prescribed by the 273
Department of Public Health. No regulation may prohibit or impede 274
such collection or analysis. 275
(j) The local director of health may require private [residential] wells 276
and semipublic wells to be tested for pesticides, herbicides or organic 277
chemicals when there are reasonable grounds to suspect that any such 278
contaminants might be present in the groundwater. For purposes of this 279 Raised Bill No. 5417
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subsection, "reasonable grounds" means (1) the presence of nitrate-280
nitrogen in the groundwater at a concentration greater than ten 281
milligrams per liter, or (2) that the private [residential] well or 282
semipublic well is located on land, or in proximity to land, associated 283
with the past or present production, storage, use or disposal of organic 284
chemicals as identified in any public record. 285
(k) Any water transported in bulk by any means to a premises 286
currently supplied by a private well or semipublic well where the water 287
is to be used for purposes of drinking or domestic use shall be provided 288
by a bulk water hauler licensed pursuant to section 20-278h. No bulk 289
water hauler shall deliver water without first notifying the owner of the 290
premises of such delivery. Bulk water hauling to a premises currently 291
supplied by a private well or semipublic well shall be permitted only as 292
a temporary measure to alleviate a water supply shortage. 293
Sec. 7. Section 19a-524 of the general statutes is repealed and the 294
following is substituted in lieu thereof (Effective October 1, 2020): 295
If, upon review, investigation or inspection pursuant to section 19a-296
498, the Commissioner of Public Health determines that a nursing home 297
facility or residential care home has violated any provision of section 298
17a-411, 19a-491a to 19a-491c, inclusive, as amended by this act, 19a-299
493a, 19a-521 to 19a-529, inclusive, 19a-531 to 19a-551, inclusive, or 19a-300
553 to 19a-555, inclusive, or any provision of any regulation of 301
Connecticut state agencies relating to licensure, the Fire Safety Code or 302
the operation or maintenance of a nursing home facility or residential 303
care home, which violation has been classified in accordance with 304
section 19a-527, the commissioner may immediately issue or cause to be 305
issued a citation to the licensee of such nursing home facility or 306
residential care home. Governmental immunity shall not be a defense to 307
any citation issued or civil penalty imposed pursuant to this section or 308
sections 19-525 to 19a-528, inclusive. Each such citation shall be in 309
writing, provide notice of the nature and scope of the alleged violation 310
or violations, and include, but not be limited to, the citation and notice 311
of noncompliance issued in accordance with section 19a-496. Each 312 Raised Bill No. 5417
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citation and notice of noncompliance issued under this section shall be 313
sent by certified mail or electronically to the licensee at the address or 314
electronic mail address of the nursing home facility or residential care 315
home in issue. A copy of such citation and notice of noncompliance shall 316
also be sent to the licensed administrator at the address of the nursing 317
home facility or residential care home. 318
Sec. 8. Subdivision (2) of subsection (c) of section 19a-491c of the 2020 319
supplement to the general statutes is repealed and the following is 320
substituted in lieu thereof (Effective October 1, 2020): 321
(2) No long-term care facility shall be required to comply with the 322
provisions of this subsection (1) if the individual provides evidence to 323
the long-term care facility that such individual submitted to a 324
background search conducted pursuant to subdivision (1) of this 325
subsection not more than three years immediately preceding the date 326
such individual applies for employment, seeks to enter into a contract 327
or begins volunteering with the long-term care facility and that the prior 328
background search confirmed that the individual did not have a 329
disqualifying offense, or (2) in the event of an emergency or significant 330
disruption to (A) Internet capabilities, (B) background search system 331
functionality, or (C) the state of long-term care facility workforce. 332
Sec. 9. Section 19a-179 of the general statutes is repealed and the 333
following is substituted in lieu thereof (Effective October 1, 2020): 334
(a) The commissioner shall adopt regulations, in accordance with 335
chapter 54, concerning (1) the methods and conditions for licensure and 336
certification of the operations, facilities and equipment enumerated in 337
section 19a-177, (2) complaint procedures for the public and any 338
emergency medical service organization, and (3) exemption of members 339
of the armed forces or the National Guard or veterans with appropriate 340
military training, including, but not limited to, members of the armed 341
forces or the National Guard or veterans with a designation by the 342
National Registry of Emergency Medical Technicians and veterans or 343
members of the United States Navy and Coast Guard, from training and 344 Raised Bill No. 5417
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testing requirements for emergency medical technician licensure and 345
certification. Such regulations shall be in conformity with the policies 346
and standards established by the commissioner. Such regulations shall 347
require that, as an express condition of the purchase of any business 348
holding a primary service area, the purchaser shall agree to abide by any 349
performance standards to which the purchased business was obligated 350
pursuant to its agreement with the municipality. 351
[(b)] For the purposes of this [section] subsection, "veteran" means 352
any person who was discharged or released under conditions other than 353
dishonorable from active service in the armed forces and "armed forces" 354
has the same meaning as provided in section 27-103. 355
(b) The commissioner may waive any provisions of the regulations of 356
Connecticut state agencies affecting an emergency medical services 357
organization if the commissioner determines that such waiver would 358
not endanger the health, safety or welfare of any patient or resident of 359
the state. Upon granting a waiver under this subsection, the 360
commissioner may impose conditions that ensure the health, safety and 361
welfare of any patient or resident of the state. The commissioner may 362
revoke a waiver, provided the commissioner finds that the health, safety 363
or welfare of any patient or resident of the state has been jeopardized. 364
The commissioner may adopt regulations, in accordance with the 365
provisions of chapter 54, to establish procedures for an application for a 366
waiver under this subsection. 367
Sec. 10. Section 20-207 of the general statutes is repealed and the 368
following is substituted in lieu thereof (Effective October 1, 2020): 369
As used in this chapter, unless the context otherwise requires, the 370
following terms shall have the meanings specified: 371
(1) "Board" means the Connecticut Board of Examiners of Embalmers 372
and Funeral Directors; 373
(2) "Person" means an individual or corporation, but not a 374
partnership; 375 Raised Bill No. 5417
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(3) "Funeral directing" means the business, practice or profession, as 376
commonly practiced, of (A) directing or supervising funerals, or 377
providing funeral services; (B) handling or encasing or providing 378
services for handling and encasing dead human bodies, otherwise than 379
by embalming, for burial or disposal; (C) providing embalming services; 380
(D) providing transportation, interment and disinterment of dead 381
human bodies; (E) maintaining an establishment so located, constructed 382
and equipped as to permit the decent and sanitary handling of dead 383
human bodies, with suitable equipment in such establishment for such 384
handling; (F) conducting an establishment from which funerals may be 385
held; (G) engaging in consultations concerning arrangements for the 386
disposition of human remains, including, but not limited to, 387
arrangements for cremation or alkaline hydrolysis; (H) casketing human 388
remains; (I) making cemetery and cremation arrangements; and (J) 389
preparing funeral service contracts, as defined in section 42-200; 390
(4) "Funeral director" means any person engaged or holding himself 391
or herself out as engaged in funeral directing whether or not he or she 392
uses in connection with his or her name or business the words "funeral 393
director," "undertaker" or "mortician" or any other word or title 394
intended to designate him or her as a funeral director or mortician or as 395
one so engaged; 396
(5) "Funeral service business" means the business, practice or 397
profession of funeral directing; 398
(6) "Licensed embalmer" means an embalmer holding a license as 399
provided in this chapter; 400
(7) "Licensed funeral director" means a funeral director holding a 401
license as provided in this chapter; 402
(8) ["Student embalmer"] "Registered apprentice embalmer" means a 403
person [studying embalming and] registered with the Department of 404
Public Health as an apprentice pursuant to the provisions of this 405
chapter; 406 Raised Bill No. 5417
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(9) ["Student funeral director"] "Registered apprentice funeral 407
director" means a person [studying the funeral service business and] 408
registered with the Department of Public Health as an apprentice 409
pursuant to the provisions of this chapter; 410
(10) "Full-time employment" means regular and steady work during 411
the normal working hours by any person at the establishment at which 412
he is employed; and 413
(11) "Manager" means an individual who (A) is licensed as an 414
embalmer or funeral director pursuant to this chapter and (B) has direct 415
and personal responsibility for the daily operation and management of 416
a funeral service business. 417
Sec. 11. Section 20-212 of the general statutes is repealed and the 418
following is substituted in lieu thereof (Effective October 1, 2020): 419
No person, except a licensed embalmer, shall inject any fluid or 420
substance into any dead human body, except that a registered [student] 421
apprentice embalmer may, even if not in the presence of a licensed 422
embalmer, make such injection or perform any other act under [his] 423
such licensed embalmer's instruction; and no person, firm or 424
corporation shall enter, engage in, carry on or manage for another the 425
business of caring for, preserving or disposing of dead human bodies 426
until each person, firm or corporation so engaged has obtained from the 427
Department of Public Health and holds a license as provided in this 428
chapter; nor shall any person be employed to remove a dead human 429
body, except a licensed embalmer, a registered [student] apprentice 430
embalmer, a licensed funeral director, or a person authorized in each 431
instance by the Chief Medical Examiner, Deputy Medical Examiner or 432
assistant medical examiner incidental to examining the body of a 433
deceased person, except that once a dead human body has been 434
prepared in accordance with the [Public Health Code] regulations of 435
Connecticut state agencies and the applicable provisions of the general 436
statutes, an embalmer or funeral director licensed in this state may 437
authorize an unlicensed employee to transport such body. Nothing in 438 Raised Bill No. 5417
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this section shall be construed to prohibit any person licensed as an 439
embalmer or as a funeral director under the laws of another state from 440
bringing into or removing from this state a dead human body, provided 441
any and all other laws of this state relative to such body have been 442
complied with. Nothing in this chapter shall be construed to prohibit 443
any student who is enrolled in a program of education in mortuary 444
science approved by the board, with the consent of the Commissioner 445
of Public Health, from embalming up to ten bodies, incidental to such 446
student's course of study in such program, under the supervision of a 447
licensed embalmer. 448
Sec. 12. Subsections (a) and (b) of section 20-213 of the general statutes 449
are repealed and the following is substituted in lieu thereof (Effective 450
October 1, 2020): 451
(a) (1) After a [student] registered apprentice embalmer has (A) 452
completed a program of education in mortuary science approved by the 453
board with the consent of the Commissioner of Public Health, (B) 454
successfully completed an examination prescribed by the Department 455
of Public Health with the consent of the board, (C) completed one year 456
of practical training and experience of a grade and character satisfactory 457
to the commissioner in the state in full-time employment under the 458
personal supervision and instruction of an embalmer licensed under the 459
provisions of this chapter, and (D) embalmed fifty human bodies in not 460
more than two years under the supervision of a licensed embalmer or 461
embalmers, (2) the [student] registered apprentice embalmer shall (A) 462
submit to the department an application and fee of two hundred ten 463
dollars, (B) take a written examination on the Connecticut public health 464
laws and the regulations of Connecticut state agencies pertaining to the 465
activities of an embalmer, and (C) take an examination in practical 466
embalming that shall include an actual demonstration upon a cadaver. 467
When the [student] registered apprentice embalmer has satisfactorily 468
passed such examinations, said department shall issue to him or her a 469
license to practice embalming. At the expiration of such license, if the 470
holder thereof desires a renewal, said department shall grant it pursuant 471
to section 20-222a, except for cause. 472 Raised Bill No. 5417
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(b) Examinations for registration as a [student] registered apprentice 473
embalmer and for an embalmer's license shall be administered to 474
applicants by the Department of Public Health, under the supervision 475
of the board, semiannually and at such other times as may be 476
determined by the department. 477
Sec. 13. Section 20-215 of the general statutes is repealed and the 478
following is substituted in lieu thereof (Effective October 1, 2020): 479
No licensed embalmer shall sign an affidavit attesting the 480
preparation or embalming of any body unless such body has been 481
prepared or embalmed by [him] such licensed embalmer, or by a 482
registered [student] apprentice embalmer under [his] such licensed 483
embalmer's personal supervision. 484
Sec. 14. Subsection (a) of section 20-217 of the general statutes is 485
repealed and the following is substituted in lieu thereof (Effective October 486
1, 2020): 487
(a) When a [student] registered apprentice funeral director has 488
completed a program of education approved by the board with the 489
consent of the Commissioner of Public Health, has successfully 490
completed an examination prescribed by the department with the 491
consent of the board and furnishes the department with satisfactory 492
proof that he or she has completed one year of practical training and 493
experience in full-time employment under the personal supervision of 494
a licensed embalmer or funeral director, and pays to the department a 495
fee of two hundred ten dollars, [he] the registered apprentice funeral 496
director shall be entitled to be examined upon the Connecticut state law 497
and regulations pertaining to his professional activities. If found to be 498
qualified by the Department of Public Health, [he] the registered 499
apprentice funeral director shall be licensed as a funeral director. 500
Renewal licenses shall be issued by the Department of Public Health 501
pursuant to section 20-222a, unless withheld for cause as herein 502
provided, upon a payment of a fee of two hundred thirty dollars. 503
Sec. 15. Section 20-224 of the general statutes is repealed and the 504 Raised Bill No. 5417
LCO No. 2272 17 of 52
following is substituted in lieu thereof (Effective October 1, 2020): 505
(a) The provisions of sections 20-217, as amended by this act, 20-220 506
and 20-227 shall not prohibit the employment of assistants or of 507
[student] registered apprentice embalmers and [student] registered 508
apprentice funeral directors as provided in this chapter, provided a 509
licensed funeral service business may employ no more than two 510
[student] registered apprentice embalmers at any one time, and any 511
person, firm, corporation or other organization engaged in the business 512
of funeral directing may employ no more than one [student] registered 513
apprentice funeral director at any one time, without the approval of the 514
Board of Examiners of Embalmers and Funeral Directors. 515
(b) [Student embalmers and student funeral directors] A registered 516
apprentice embalmer and registered apprentice funeral director shall 517
register as apprentices with the Department of Public Health, in the 518
manner prescribed by the commissioner in regulations adopted 519
pursuant to section 20-211, for purposes of completing practical training 520
and experience pursuant to the provisions of this chapter. 521
Sec. 16. Section 20-226 of the general statutes is repealed and the 522
following is substituted in lieu thereof (Effective October 1, 2020): 523
The Department of Public Health shall, on or before the tenth day of 524
September in each year, or as soon thereafter as possible, forward to the 525
town clerk or registrar of vital statistics of each town four printed lists 526
duly verified, [one containing the] containing: (1) The names of all 527
licensed funeral directors, [one] (2) the names of all licensed embalmers, 528
[one] (3) the names of all [student] registered apprentice embalmers, 529
and [one] (4) the names of all [student] registered apprentice funeral 530
directors. [, and such] Such lists shall be kept on file in the office to which 531
they have been transmitted. The Department of Public Health shall issue 532
to each person granted a license or registration subsequent to the 533
making of such list a card stating that the holder thereof has received a 534
license or registration, as the case may be. The holders of such cards 535
shall have the same rights as those whose names appear in the lists on 536 Raised Bill No. 5417
LCO No. 2272 18 of 52
file in the office of the town clerk. 537
Sec. 17. Subsections (a) and (b) of section 20-195dd of the 2020 538
supplement to the general statutes are repealed and the following is 539
substituted in lieu thereof (Effective from passage): 540
(a) Except as otherwise provided in subsections (c) and (d) of this 541
section, an applicant for a license as a professional counselor shall 542
submit evidence satisfactory to the commissioner of having: (1) (A) 543
Earned a graduate degree in clinical mental health counseling as part of 544
a program of higher learning accredited by the Council for 545
Accreditation of Counseling and Related Educational Programs, or a 546
successor organization, or (B) (i) completed at least sixty graduate 547
semester hours in counseling or a related mental health field at a 548
regionally accredited institution of higher education that included 549
coursework in each of the following areas: (I) Human growth and 550
development; (II) social and cultural foundations; (III) counseling 551
theories; (IV) counseling techniques; (V) group counseling; (VI) career 552
counseling; (VII) appraisals or tests and measurements to individuals 553
and groups; (VIII) research and evaluation; (IX) professional orientation 554
to mental health counseling; (X) addiction and substance abuse 555
counseling; (XI) trauma and crisis counseling; and (XII) diagnosis and 556
treatment of mental and emotional disorders, (ii) earned from a 557
regionally accredited institution of higher education a graduate degree 558
in counseling or a related mental health field, (iii) completed a one-559
hundred-hour practicum in counseling taught by a faculty member 560
licensed or certified as a professional counselor or its equivalent in 561
another state, and (iv) completed a six-hundred-hour clinical mental 562
health counseling internship taught by a faculty member licensed or 563
certified as a professional counselor or its equivalent in another state; (2) 564
acquired three thousand hours of postgraduate experience under 565
professional supervision, including a minimum of one hundred hours 566
of direct professional supervision, in the practice of professional 567
counseling, performed over a period of not less than two years; and (3) 568
passed an examination prescribed by the commissioner. The provisions 569
of subparagraphs (B)(i)(X) to (B)(i)(XII), inclusive, (B)(iii) and (B)(iv) of 570 Raised Bill No. 5417
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subdivision (1) of this subsection shall not apply to any applicant who, 571
on or before July 1, 2017, was a matriculating student in good standing 572
in a graduate degree program at a regionally accredited institution of 573
higher education in one of the fields required under subparagraph (B) 574
of subdivision (1) of this subsection. 575
(b) An applicant for a license as a professional counselor associate 576
shall submit to the Commissioner of Public Health evidence satisfactory 577
to the commissioner of having (1) earned a graduate degree in clinical 578
mental health counseling as part of a program of higher learning 579
accredited by the Council for Accreditation of Counseling and Related 580
Educational Programs, or a successor organization, or (2) (A) completed 581
at least sixty graduate semester hours in counseling or a related mental 582
health field at a regionally accredited institution of higher education 583
that included coursework in each of the following areas: Human growth 584
and development; social and cultural foundations; counseling theories; 585
counseling techniques; group counseling; career counseling; appraisals 586
or tests and measurements to individuals and groups; research and 587
evaluation; professional orientation to mental health counseling; 588
addiction and substance abuse counseling; trauma and crisis 589
counseling; and diagnosis and treatment of mental and emotional 590
disorders, (B) completed a one-hundred-hour practicum in counseling 591
taught by a faculty member licensed or certified as a professional 592
counselor or its equivalent in another state, (C) completed a six-593
hundred-hour clinical mental health counseling internship taught by a 594
faculty member licensed or certified as a professional counselor or its 595
equivalent in another state, and (D) earned from a regionally accredited 596
institution of higher education a graduate degree in counseling or a 597
related mental health field. The provisions of subparagraphs (A) to (C), 598
inclusive, of subdivision (2) of this subsection shall not apply to any 599
applicant who, on or before July 1, 2021, earned a graduate degree from 600
a regionally accredited institution of higher education in counseling or 601
a related mental health field and has accumulated at least three 602
thousand hours of experience under professional supervision. 603
Sec. 18. Subsection (b) of section 20-195c of the 2020 supplement to 604 Raised Bill No. 5417
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the general statutes is repealed and the following is substituted in lieu 605
thereof (Effective October 1, 2020): 606
(b) Each applicant for licensure as a marital and family therapist 607
associate shall present to the department (1) satisfactory evidence that 608
such applicant has completed a graduate degree program specializing 609
in marital and family therapy offered by a regionally accredited 610
institution of higher education or an accredited postgraduate clinical 611
training program accredited by the Commission on Accreditation for 612
Marriage and Family Therapy Education and offered by a regionally 613
accredited institution of higher education, [and] (2) satisfactory 614
evidence that such applicant has completed a practicum or internship 615
with emphasis in marital and family therapy, which was supervised by 616
the program granting the requisite degree or by a postgraduate clinical 617
training program accredited by the Commission on Accreditation for 618
Marriage and Family Therapy Education and offered by a regionally 619
accredited institution of higher education, in which the student received 620
a minimum of five hundred direct clinical hours, including one hundred 621
hours of clinical supervision, and (3) verification from a supervising 622
licensed marital and family therapist that the applicant is working 623
toward completing the postgraduate experience required for licensure 624
as a marital and family therapist under subdivision (3) of subsection (a) 625
of this section. The fee shall be one hundred twenty-five dollars for each 626
initial application. 627
Sec. 19. Section 20-266n of the general statutes is repealed and the 628
following is substituted in lieu thereof (Effective October 1, 2020): 629
As used in this section and sections 20-266o to 20-266s, inclusive, as 630
amended by this act, and subsection (c) of section 19a-14: 631
(1) "Commissioner" means the Commissioner of Public Health; [.] 632
(2) "Department" means the Department of Public Health; [.] 633
(3) "Tattooing" means marking or coloring, in an indelible manner, 634
the skin of any person by pricking in coloring matter or by producing 635 Raised Bill No. 5417
LCO No. 2272 21 of 52
scars; [.] 636
(4) "Tattoo technician" means a person who is licensed under the 637
provisions of section 20-266o, [.] as amended by this act; 638
(5) "Student tattoo technician" means a person studying tattooing 639
who is registered with the department pursuant to section 20-266o, [.] 640
as amended by this act; and 641
(6) "Supervising tattoo technician" means a tattoo technician licensed 642
pursuant to this chapter for not less than five years who is responsible 643
for the personal supervision of a student tattoo technician's practical 644
training and experience in tattooing. 645
Sec. 20. Section 20-266o of the 2020 supplement to the general statutes 646
is repealed and the following is substituted in lieu thereof (Effective 647
October 1, 2020): 648
(a) [On and after July 1, 2014, no] No person shall engage in the 649
practice of tattooing unless the person is eighteen years of age or older 650
and has obtained a license or temporary permit from the Department of 651
Public Health pursuant to this section. 652
(b) [(1)] Each person seeking licensure as a tattoo technician [on or 653
before January 1, 2015, shall make application] shall apply to the 654
department, on a form prescribed by the department, and pay an 655
application fee of two hundred fifty dollars. [and] Each applicant shall 656
present to the department satisfactory evidence that the applicant: [(A)] 657
(1) Is eighteen years of age or older; [(B)] (2) has successfully completed, 658
within the three years preceding the date of application, a course on 659
prevention of disease transmission and blood-borne pathogens that 660
complies with the standards adopted by the federal Occupational Safety 661
and Health Administration, as described in 29 CFR 1910.1030 et seq., as 662
amended from time to time, and that requires the successful completion 663
of a proficiency examination as part of such course; [and (C)] (3) holds 664
current certification by the American Red Cross or the American Heart 665
Association in basic first aid or by an organization using guidelines for 666 Raised Bill No. 5417
LCO No. 2272 22 of 52
first aid published by the American Heart Association and the American 667
Red Cross; (4) presents evidence that the applicant has completed the 668
requirements of a student tattoo technician in accordance with 669
subsections (g) and (h) of this section; and (5) signs a form prescribed by 670
the commissioner attesting that such person is in compliance with 671
infection prevention and control plan guidelines prescribed by the 672
commissioner. The infection prevention and control guidelines shall 673
include, but need not be limited to, the following: (A) Use of personal 674
protective equipment, including, but not limited to, disposable gloves, 675
as a barrier against infectious materials, (B) the practice of appropriate 676
hand hygiene, including the availability of a hand-washing sink in the 677
area where the practice of tattooing occurs, (C) the decontamination and 678
sterilization, with hospital-grade cleaner, of the area or materials used 679
in the practice of tattooing, including, but not limited to, chairs, 680
armrests, tables, countertops, trays, seats, furniture and reusable 681
instruments that may come into contact with skin or mucosal surfaces, 682
and (D) the appropriate use of disposable equipment and the disposal 683
of sharps used during the practice of tattooing. 684
[(2) Each person seeking licensure as a tattoo technician after January 685
1, 2015, shall, in addition to satisfying the requirements of subdivision 686
(1) of this subsection, provide documentation to the department, in the 687
form and manner required by the commissioner, of having (A) 688
completed not less than two thousand hours of practical training and 689
experience under the personal supervision and instruction of a tattoo 690
technician, or (B) practiced tattooing continuously in this state for a 691
period of not less than five years prior to January 1, 2015.] 692
(c) Licenses issued under this section shall be subject to renewal once 693
every two years. A license to practice tattooing shall be renewed in 694
accordance with the provisions of section 19a-88 for a fee of two 695
hundred dollars. A licensee applying for license renewal shall, as a 696
condition of license renewal, (1) successfully complete a course on 697
prevention of disease transmission and blood-borne pathogens that 698
complies with the standards adopted by the federal Occupational Safety 699
and Health Administration, as described in 29 CFR 1910.1030 et seq., as 700 Raised Bill No. 5417
LCO No. 2272 23 of 52
amended from time to time, and that requires the successful completion 701
of a proficiency examination as part of such course, (2) hold current 702
certification by the American Red Cross or the American Heart 703
Association in basic first aid, and (3) sign a form prescribed by the 704
commissioner attesting that such person is in compliance with infection 705
prevention and control plan guidelines prescribed by the commissioner. 706
Each licensee applying for license renewal shall sign a statement 707
attesting that the licensee has successfully completed [such] the 708
education course required by subdivision (1) of this subsection within 709
the six months preceding the expiration of the license on a form 710
prescribed by the [Commissioner of Public Health] commissioner. Each 711
licensee shall retain certificates of completion that demonstrate 712
compliance with the requirement for a minimum of four years after the 713
year in which the course was completed and shall submit such 714
certificates to the department for inspection not later than forty-five 715
days after a request by the department for such certificates. 716
(d) The provisions of this section shall not apply to a physician, an 717
advanced practice registered nurse rendering service in collaboration 718
with a physician, a registered nurse executing the medical regimen 719
under the direction of a licensed physician, dentist or advanced practice 720
registered nurse, or a physician assistant rendering service under the 721
supervision, control and responsibility of a physician. 722
(e) No person shall use the title "tattoo technician", "tattoo artist", 723
"tattooist" or other similar titles unless the person holds a license issued 724
in accordance with this section. 725
(f) Notwithstanding the provisions of subsection (a) of this section, a 726
person may practice tattooing if such person has obtained a license or 727
temporary permit pursuant to this subsection or practices tattooing 728
temporarily in the state as an instructor or participant in an event, trade 729
show or product demonstration in accordance with the provisions of 730
subdivision (3) of this subsection. 731
(1) The department may grant licensure to any person who is licensed 732 Raised Bill No. 5417
LCO No. 2272 24 of 52
at the time of application as a tattoo technician, or as a person entitled 733
to perform similar services under a different designation, in another 734
state of the United States, the District of Columbia or a commonwealth 735
or territory subject to the laws of the United States and who submits 736
evidence satisfactory to the department of (A) a current license in good 737
standing to practice tattooing from such other state, commonwealth or 738
territory, (B) documentation of licensed practice in such state, 739
commonwealth or territory for a period of at least two years 740
immediately preceding application, (C) successful completion of a 741
course on prevention of disease transmission and blood-borne 742
pathogens that complies with the standards adopted by the federal 743
Occupational Safety and Health Administration, as described in 29 CFR 744
1910.1030 et seq., as amended from time to time, [and] (D) current 745
certification by the American Red Cross or the American Heart 746
Association in basic first aid, and (E) attestation on a form prescribed by 747
the commissioner that such person is in compliance with the infection 748
prevention and control plan guidelines prescribed by the commissioner 749
pursuant to subsection (b) of this section. Pending approval of the 750
application for licensure, the commissioner may issue a temporary 751
permit to such applicant upon receipt of a completed application form, 752
accompanied by the fee for licensure, a copy of a current license from 753
such other state, commonwealth or territory and a notarized affidavit 754
attesting that the license is valid and belongs to the person requesting 755
notarization. Such temporary permit shall be valid for a period not to 756
exceed one hundred twenty calendar days and shall not be renewable. 757
(2) The commissioner may issue a temporary permit to an applicant 758
previously licensed in Connecticut whose license has become void 759
pursuant to section 19a-88. Such applicant for a temporary permit shall 760
submit to the department a completed application form accompanied 761
by a fee of one hundred dollars, a copy of a current license in good 762
standing from another state and a notarized affidavit attesting that such 763
license is valid and belongs to the person requesting notarization. A 764
temporary permit for an applicant previously licensed in Connecticut 765
whose license has become void pursuant to section 19a-88 shall be valid 766 Raised Bill No. 5417
LCO No. 2272 25 of 52
for a period not to exceed one hundred twenty calendar days and shall 767
not be renewable. 768
(3) A person who: (A) Provides instruction on tattooing techniques; 769
or (B) participates in the demonstration of a tattooing-related product or 770
offers tattooing as part of a professional course, seminar, workshop, 771
trade show or other event, may practice tattooing for such purpose, 772
provided such person described in subparagraphs (A) and (B) of this 773
subdivision (i) is licensed or certified in the state, territory or possession 774
of the United States or foreign country that is the primary place where 775
such person practices tattooing if such state, territory, possession or 776
foreign country requires licensure or certification for tattooing, (ii) has 777
successfully completed a course on prevention of disease transmission 778
and blood-borne pathogens that complies with the standards adopted 779
by the federal Occupational Safety and Health Administration, as 780
described in 29 CFR 1910.1030 et seq., as amended from time to time, 781
within the preceding three years, (iii) practices tattooing under the 782
direct supervision of a tattoo technician, (iv) does not receive 783
compensation for tattooing, other than for providing instruction or 784
tattooing services to persons in attendance at the course, seminar, 785
workshop, trade show or event, and (v) provides instruction, 786
demonstrates tattooing techniques or offers tattooing only for persons 787
enrolled in the course, seminar or workshop or attending the trade show 788
or event at which the person provides instruction, demonstrates a 789
product or offers tattooing. Any person or organization that holds or 790
produces a course, seminar, workshop, trade show or other event at 791
which a person who is not a tattoo technician licensed in the state 792
provides tattooing instruction, participates in the demonstration of a 793
tattooing-related product or offers tattooing to persons in attendance at 794
the trade show or event shall ensure compliance with the provisions of 795
this section. 796
(g) Notwithstanding the provisions of subsection (a) of this section, a 797
student tattoo technician may practice tattooing under the personal 798
supervision of a tattoo technician for a period not to exceed two years. 799
A student tattoo technician shall (1) successfully complete a course on 800 Raised Bill No. 5417
LCO No. 2272 26 of 52
prevention of disease transmission and blood-borne pathogens that 801
complies with the standards adopted by the federal Occupational Safety 802
and Health Administration, as described in 29 CFR 1910.1030, et seq., as 803
amended from time to time, and that requires the successful completion 804
of a proficiency examination as part of such course, (2) hold certification 805
by the American Red Cross or American Heart Association in basic first 806
aid, (3) obtain a notarized statement signed by a supervising tattoo 807
technician documenting that such student is under the supervision of a 808
supervising tattoo technician in accordance with subsection (h) of this 809
section, and (4) register with the department for purposes of completing 810
the practical training and experience required to obtain a license 811
pursuant to this section [. An application for registration shall be 812
submitted to the department] on a form prescribed by the 813
commissioner. [and shall be accompanied by documentation that the 814
applicant (1) has successfully completed a course on prevention of 815
disease transmission and blood-borne pathogens that complies with the 816
standards adopted by the federal Occupational Safety and Health 817
Administration, as described in 29 CFR 1910.1030 et seq., as amended 818
from time to time, and that requires the successful completion of a 819
proficiency examination as part of such course, and (2) holds current 820
certification by the American Red Cross or the American Heart 821
Association in basic first aid. Such application shall include a notarized 822
statement signed by a tattoo technician providing that such licensee 823
acknowledges having responsibility for personally supervising the 824
applicant's practical training and experience in tattooing.] 825
(h) A supervising tattoo technician may supervise not more than two 826
student tattoo technicians and shall maintain records, for a period of not 827
less than three years, of completing the minimum training requirements 828
for each student tattoo technician. A supervising tattoo technician shall 829
adopt a curriculum for a student tattoo technician that consists of not 830
less than two thousand hours of practical training and experience under 831
the personal supervision and instruction of a supervising tattoo 832
technician, and includes the following minimum training requirements: 833
(1) Discussion of transmission, control and symptoms of the diseases 834 Raised Bill No. 5417
LCO No. 2272 27 of 52
caused by blood-borne pathogens; (2) discussion of tasks involved in the 835
practice of tattooing and the risks of exposure to blood-borne pathogens 836
to the client and the tattoo technician during the performance of each 837
task; (3) discussion of the types and uses of personal protective 838
equipment, including an explanation of the limitations of the 839
equipment; (4) discussion of the types of tasks, proper task technique 840
and sequence of tasks before and after donning and removing personal 841
protective equipment to avoid contamination; (5) discussion of the 842
importance of hand hygiene and a demonstration of proper hand 843
hygiene techniques; (6) discussion of the options, use and storage of 844
disinfectants and antiseptics; (7) provision of information on the signage 845
required for biohazard materials and the importance of properly 846
labeling chemicals and supplies; (8) provision of information on the 847
hepatitis B vaccine, including the safety and accessibility of the vaccine; 848
(9) discussion of what constitutes a blood-borne pathogen exposure 849
incident, including (A) examples of incidences and the actions to take in 850
preventing or minimizing further exposure to the pathogen, (B) risks of 851
infection following an exposure incident, and (C) procedures to follow 852
after an exposure incident, including follow-up medical treatment; and 853
(10) provision of opportunities for interactive questions and answers 854
between the supervising tattoo technician and the student tattoo 855
technician. The supervising tattoo technician shall provide, in writing, 856
documentation to the student tattoo technician upon successful 857
completion of the requirements of this subsection. 858
[(h)] (i) No license or temporary permit shall be issued under this 859
section to any applicant against whom professional disciplinary action 860
is pending or who is the subject of an unresolved complaint in any state 861
or jurisdiction. 862
[(i)] (j) The Commissioner of Public Health may, in accordance with 863
chapter 54, adopt such regulations as are necessary to implement the 864
provisions of sections 20-266o to 20-266s, inclusive, as amended by this 865
act. 866
Sec. 21. Subdivision (12) of subsection (a) of section 19a-14 of the 2020 867 Raised Bill No. 5417
LCO No. 2272 28 of 52
supplement to the general statutes is repealed and the following is 868
substituted in lieu thereof (Effective October 1, 2020): 869
(12) With respect to any complaint filed with the department on or 870
after October 1, 2010, alleging incompetence, negligence, fraud or deceit 871
by a person subject to regulation or licensing by any board or 872
commission described in subdivision (1) to [(5), inclusive, (7),] (8), 873
inclusive, (12) to (14), inclusive, or (16) of subsection (b) of this section: 874
(A) Upon request of the person who filed the complaint, provide such 875
person with information on the status of the complaint; 876
(B) Upon request of the person who filed the complaint, provide such 877
person with an opportunity to review, at the department, records 878
compiled as of the date of the request pursuant to any investigation of 879
the complaint, including, but not limited to, the respondent's written 880
response to the complaint, except that such person shall not be entitled 881
to copy such records and the department (i) shall not disclose (I) 882
information concerning a health care professional's referral to, 883
participation in or completion of an assistance program in accordance 884
with sections 19a-12a, as amended by this act, and 19a-12b, that is 885
confidential pursuant to section 19a-12a, as amended by this act, (II) 886
information not related to such person's specific complaint, including, 887
but not limited to, information concerning patients other than such 888
person, or (III) personnel or medical records and similar files the 889
disclosure of which would constitute an invasion of personal privacy 890
pursuant to section 1-210, except for such records or similar files solely 891
related to such person; (ii) shall not be required to disclose any other 892
information that is otherwise confidential pursuant to federal law or 893
state statute, except for information solely related to such person; and 894
(iii) may require up to ten business days written notice prior to 895
providing such opportunity for review; 896
(C) Prior to resolving the complaint with a consent order, provide the 897
person who filed the complaint with not less than ten business days to 898
submit a written statement as to whether such person objects to 899 Raised Bill No. 5417
LCO No. 2272 29 of 52
resolving the complaint with a consent order; 900
(D) If a hearing is held with respect to such complaint after a finding 901
of probable cause, provide the person who filed the complaint with a 902
copy of the notice of hearing issued pursuant to section 4-177, which 903
shall include information concerning the opportunity to present oral or 904
written statements pursuant to subsection (b) of section 4-177c; and 905
(E) Notify the person who filed the complaint of the final disposition 906
of such complaint not later than seven business days after such final 907
disposition; 908
Sec. 22. Section 20-204a of the general statutes is repealed and the 909
following is substituted in lieu thereof (Effective October 1, 2020): 910
(a) The department shall investigate each allegation of any act or 911
omission by a veterinarian specified in section 20-202. The investigation 912
shall be conducted in accordance with the provisions of section 19a-14, 913
as amended by this act, to determine if probable cause exists to issue a 914
statement of charges and to institute proceedings against the 915
veterinarian. Such investigation shall be concluded not later than twelve 916
months from the date the allegation is submitted to the department. 917
(b) Except as provided in subsections (c) and (d) of this section, the 918
investigation shall be confidential and not subject to disclosure under 919
section 1-210 and no person may disclose knowledge of the 920
investigation to a third party unless the veterinarian requests that the 921
investigation be open. [The owner of any animal that is the subject of 922
such an investigation shall not be deemed a third party to such an 923
investigation for purposes of disclosure under this section] 924
Notwithstanding the provisions of this subsection, the department shall 925
provide information to the person who filed the complaint pursuant to 926
subdivision (12) of subsection (a) of section 19a-14, as amended by this 927
act. 928
(c) If the department makes a finding of no probable cause to take 929
action under section 20-202 or fails to make a finding within the twelve-930 Raised Bill No. 5417
LCO No. 2272 30 of 52
month period required by subsection [(b)] (a) of this section, the 931
allegation submitted pursuant to subsection (a) of this section and the 932
entire record of the investigation may remain confidential and no 933
person shall disclose knowledge of such investigation to a third party 934
unless the veterinarian requests that it be open. Notwithstanding the 935
provisions of this subsection, the department shall provide information 936
to the person who filed the complaint pursuant to subdivision (12) of 937
subsection (a) of section 19a-14, as amended by this act. 938
(d) If the department makes a finding that there is probable cause to 939
take action under section 20-202, the allegation submitted pursuant to 940
subsection (a) of this section and the entire record of such investigation 941
shall be deemed a public record, in accordance with section 1-210. 942
Sec. 23. Subsections (b) and (c) of section 7-62b of the general statutes 943
are repealed and the following is substituted in lieu thereof (Effective 944
January 1, 2021): 945
(b) The funeral director or embalmer licensed by the department, or 946
the funeral director or embalmer licensed in another state and 947
complying with the terms of a reciprocal agreement on file with the 948
department, in charge of the burial of the deceased person shall 949
complete the death certificate using the electronic death registry system 950
or, if such system is unavailable, on a form provided by the department. 951
[Said] Such certificate shall be filed by a licensed embalmer or such 952
embalmer's designee or a funeral director or such director's designee, in 953
accordance with the provisions of this section, except when inquiry is 954
required by the Chief Medical Examiner's Office, in which case [the 955
death] such certificate shall be filed in accordance with section 19a-409. 956
The Social Security number of the deceased person shall be recorded on 957
such certificate. Such licensed funeral director or licensed embalmer 958
shall obtain the personal data from the next of kin or the best qualified 959
person or source available and shall obtain a medical certification from 960
the person responsible therefor, in accordance with the provisions of 961
this section. Only a licensed embalmer may assume charge of the burial 962
of a deceased person who had a communicable disease, as designated 963 Raised Bill No. 5417
LCO No. 2272 31 of 52
in the [Public Health Code] regulations of Connecticut state agencies, at 964
the time of death and such licensed embalmer shall file an affidavit, on 965
a form provided by the department, signed and sworn to by such 966
licensed embalmer stating that the body has been disinfected in 967
accordance with the [Public Health Code] regulations of Connecticut 968
state agencies. 969
(c) The medical certification portion of the death certificate shall be 970
completed, signed and returned to the licensed funeral director or 971
licensed embalmer no later than twenty-four hours after death by the 972
physician or advanced practice registered nurse in charge of the 973
patient's care for the illness or condition which resulted in death, or 974
upon the death of an infant delivered by a nurse-midwife, by such 975
nurse-midwife, as provided in section 20-86b. In the absence of such 976
physician or advanced practice registered nurse, or with the physician's 977
or advanced practice registered nurse's approval, the medical 978
certification may be completed and signed by an associate physician, an 979
advanced practice registered nurse, a physician assistant as provided in 980
subsection (d) of section 20-12d, a registered nurse as provided in 981
section 20-101a, the chief medical officer of the institution in which 982
death occurred, or by the pathologist who performed an autopsy upon 983
the decedent. The physician, advanced practice registered nurse, 984
physician assistant, registered nurse, nurse-midwife, chief medical 985
officer or pathologist shall use the electronic death registry system to 986
certify to the facts of the decedent's death or, if such system is 987
unavailable, on a form prescribed by the department. No physician, 988
advanced practice registered nurse, physician assistant, registered 989
nurse, nurse-midwife, chief medical officer or pathologist shall sign and 990
return the medical certification unless such physician, advanced 991
practice registered nurse, physician assistant, registered nurse, nurse-992
midwife, chief medical officer or pathologist has personally viewed and 993
examined the body of the person to whom the medical certification 994
relates and is satisfied that at the time of the examination such person 995
was in fact dead, except in the event a medical certification is completed 996
by a physician, advanced practice registered nurse, physician assistant, 997 Raised Bill No. 5417
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registered nurse, nurse-midwife, chief medical officer or pathologist 998
other than the one who made the determination and pronouncement of 999
death, an additional viewing and examination of the body shall not be 1000
required. If a physician, advanced practice registered nurse, physician 1001
assistant, registered nurse, nurse-midwife, chief medical officer or 1002
pathologist refuses or otherwise fails to complete, sign and return the 1003
medical portion of the death certificate to the licensed funeral director 1004
or licensed embalmer within twenty-four hours after death, such 1005
licensed funeral director or embalmer may notify the Commissioner of 1006
Public Health of such refusal. The commissioner may, upon receipt of 1007
notification and investigation, assess a civil penalty against such 1008
physician, advanced practice registered nurse, physician assistant, 1009
registered nurse, chief medical officer or pathologist not to exceed two 1010
hundred fifty dollars. The medical certification shall state the cause of 1011
death, defined so that such death may be classified under the 1012
international list of causes of death, the duration of disease if known and 1013
such additional information as the Department of Public Health 1014
requires. The department shall give due consideration to national 1015
uniformity in vital statistics in prescribing the form and content of such 1016
information. 1017
Sec. 24. Section 19a-200 of the general statutes is repealed and the 1018
following is substituted in lieu thereof (Effective July 1, 2020): 1019
(a) As used in this chapter, "authorized agent" means a sanitarian 1020
licensed under chapter 395 and any individual certified for a specific 1021
program of environmental health by the Commissioner of Public Health 1022
in accordance with the general statutes and regulations of Connecticut 1023
state agencies. 1024
[(a)] (b) The mayor of each city, the chief executive officer of each 1025
town and the warden of each borough shall, unless the charter of such 1026
city, town or borough otherwise provides, nominate some person who 1027
possesses the qualifications specified in subsection (b) of this section to 1028
be director of health for such city, town or borough. [, which] Such 1029
nomination shall be approved by the commissioner and, upon such 1030 Raised Bill No. 5417
LCO No. 2272 33 of 52
approval, confirmed or rejected by the board of selectmen, if there be 1031
such a board, otherwise by the legislative body of such city or town or 1032
by the burgesses of such borough within thirty days thereafter. 1033
(c) Notwithstanding the charter provisions of any city, town or 1034
borough with respect to the qualifications of the director of health, on 1035
and after October 1, 2010, any person nominated to be a director of 1036
health shall (1) be a licensed physician and hold a degree in public health 1037
from an accredited school, college, university or institution, or (2) hold 1038
a graduate degree in public health from an accredited institution of 1039
higher education. The educational requirements of this section shall not 1040
apply to any director of health nominated or otherwise appointed as 1041
director of health prior to October 1, 2010. 1042
(d) In cities, towns or boroughs with a population of forty thousand 1043
or more for five consecutive years, according to the estimated 1044
population figures authorized pursuant to subsection (b) of section 1045
8-159a, such director of health shall serve in a full-time capacity, except 1046
where a town has designated such director as the chief medical advisor 1047
for its public schools under section 10-205. [, and shall not] 1048
(e) No director shall, during such director's term of office, have any 1049
financial interest in or engage in any employment, transaction or 1050
professional activity that is in substantial conflict with the proper 1051
discharge of the duties required of directors of health by the general 1052
statutes or the regulations of Connecticut state agencies or specified by 1053
the appointing authority of the city, town or borough in its written 1054
agreement with such director. The town, city or borough shall submit a 1055
written agreement with such director to the Commissioner of Public 1056
Health upon the appointment or reappointment of such director. 1057
(f) Such director of health shall have and exercise within the limits of 1058
the city, town or borough for which such director is appointed all 1059
powers necessary for enforcing the general statutes, provisions of the 1060
regulations of Connecticut state agencies relating to the preservation 1061
and improvement of the public health and preventing the spread of 1062 Raised Bill No. 5417
LCO No. 2272 34 of 52
diseases therein. 1063
(g) In case of the absence or inability to act of a city, town or borough 1064
director of health or if a vacancy exists in the office of such director, the 1065
appointing authority of such city, town or borough may, with the 1066
approval of the Commissioner of Public Health, designate in writing a 1067
suitable person to serve as acting director of health during the period of 1068
such absence or inability or vacancy, provided the commissioner may 1069
appoint such acting director if the city, town or borough fails to do so. 1070
The person so designated, when sworn, shall have all the powers and 1071
be subject to all the duties of such director. In case of vacancy in the 1072
office of such director, if such vacancy exists for [thirty] sixty days, said 1073
commissioner may appoint a director of health for such city, town or 1074
borough. Said commissioner, may, for cause, remove an officer the 1075
commissioner or any predecessor in said office has appointed, and the 1076
common council of such city, town or the burgesses of such borough 1077
may, respectively, for cause, remove a director whose nomination has 1078
been confirmed by [them] such common council, provided such 1079
removal shall be approved by said commissioner; and, [within] not later 1080
than two days [thereafter] after the date of such approval, notice in 1081
writing of such action shall be given by the clerk of such city, town or 1082
borough, as the case may be, to said commissioner, who shall, [within] 1083
not later than ten days after receipt, file with the clerk from whom the 1084
notice was received, approval or disapproval. 1085
(h) Each such director of health shall hold office for the term of four 1086
years from the date of appointment and until a successor is nominated 1087
and confirmed in accordance with subsection (b) of this section. 1088
(i) Each director of health shall, annually, at the end of the fiscal year 1089
of the city, town or borough, file with the Department of Public Health 1090
a report of the doings as such director for the year preceding. 1091
[(b) On and after July 1, 1988, each] (j) Each city, town and borough 1092
shall provide for the services of a sanitarian licensed under chapter 395 1093
to work under the direction of the local director of health. Where 1094 Raised Bill No. 5417
LCO No. 2272 35 of 52
practical, the local director of health may act as the sanitarian. 1095
[(c) As used in this chapter, "authorized agent" means a sanitarian 1096
licensed under chapter 395 and any individual certified for a specific 1097
program of environmental health by the Commissioner of Public Health 1098
in accordance with the general statutes and regulations of Connecticut 1099
state agencies.] 1100
Sec. 25. Section 19a-202a of the general statutes is repealed and the 1101
following is substituted in lieu thereof (Effective July 1, 2020): 1102
(a) Any municipality may designate itself as having a part-time 1103
health department if: (1) The municipality has not had a full-time health 1104
department or been in a full-time health district prior to January 1, 1998; 1105
(2) the municipality has the equivalent of at least one full-time 1106
employee, as determined by the Commissioner of Public Health, [;] who 1107
performs public health functions required by the general statutes and 1108
regulations of Connecticut state agencies; and (3) the municipality 1109
annually submits a public health program plan and budget to the 1110
commissioner. [; and (4) the commissioner approves the program plan 1111
and budget.] 1112
(b) The Commissioner of Public Health [shall] may adopt regulations, 1113
in accordance with the provisions of chapter 54, for the development 1114
and approval of the program plan and budget required by subdivision 1115
(3) of subsection (a) of this section. 1116
Sec. 26. Section 19a-244 of the general statutes is repealed and the 1117
following is substituted in lieu thereof (Effective July 1, 2020): 1118
On and after October 1, 2010, any person nominated to be the director 1119
of health shall (1) be a licensed physician and hold a degree in public 1120
health from an accredited school, college, university or institution, or (2) 1121
hold a graduate degree in public health from an accredited school, 1122
college or institution. The educational requirements of this section shall 1123
not apply to any director of health nominated or otherwise appointed 1124
as director of health prior to October 1, 2010. The board may specify in 1125 Raised Bill No. 5417
LCO No. 2272 36 of 52
a written agreement with such director the term of office, which shall 1126
not exceed three years, salary and duties required of and responsibilities 1127
assigned to such director in addition to those required by the general 1128
statutes or the [Public Health Code] regulations of Connecticut state 1129
agencies, if any. Such director shall be removed during the term of such 1130
written agreement only for cause after a public hearing by the board on 1131
charges preferred, of which reasonable notice shall have been given. No 1132
director shall, during such director's term of office, have any financial 1133
interest in or engage in any employment, transaction or professional 1134
activity that is in substantial conflict with the proper discharge of the 1135
duties required of directors of health by the general statutes or the 1136
[Public Health Code] regulations of Connecticut state agencies or 1137
specified by the board in its written agreement with such director. The 1138
board shall submit its written agreement with such director to the 1139
Commissioner of Public Health upon the appointment or 1140
reappointment of such director. Such director shall serve in a full-time 1141
capacity and act as secretary and treasurer of the board, without the 1142
right to vote. Such director shall give to the district a bond with a surety 1143
company authorized to transact business in the state, for the faithful 1144
performance of such director's duties as treasurer, in such sum and 1145
upon such conditions as the board requires. Such director shall be the 1146
executive officer of the district department of health. Full-time 1147
employees of a city, town or borough health department at the time such 1148
city, town or borough votes to form or join a district department of 1149
health shall become employees of such district department of health. 1150
Such employees may retain their rights and benefits in the pension 1151
system of the town, city or borough by which they were employed and 1152
shall continue to retain their active participating membership therein 1153
until retired. Such employees shall pay into such pension system the 1154
contributions required of them for their class and membership. Any 1155
additional employees to be hired by the district or any vacancies to be 1156
filled shall be filled in accordance with the rules and regulations of the 1157
merit system of the state of Connecticut and the employees who are 1158
employees of cities, towns or boroughs which have adopted a local civil 1159
service or merit system shall be included in their comparable grade with 1160 Raised Bill No. 5417
LCO No. 2272 37 of 52
fully attained seniority in the state merit system. Such employees shall 1161
perform such duties as are prescribed by the director of health. In the 1162
event of the withdrawal of a town, city or borough from the district 1163
department, or in the event of a dissolution of any district department, 1164
the employees thereof, originally employed therein, shall automatically 1165
become employees of the appropriate town, city or borough's board of 1166
health. Each director of health shall, annually, at the end of the fiscal 1167
year of the district, file with the Department of Public Health a report of 1168
the doings of such director for the year preceding. 1169
Sec. 27. Subdivision (3) of subsection (a) of section 19a-12a of the 1170
general statutes is repealed and the following is substituted in lieu 1171
thereof (Effective July 1, 2020): 1172
(3) "Health care professionals" includes any person licensed or who 1173
holds a permit pursuant to chapter 370, 372, 373, 375, 375a, 376, 376a, 1174
376b, 376c, 377, 378, 379, 379a, 380, 381, 381a, 382a, 383, 383a, 383b, 383c, 1175
384, 384a, 384b, 384c, 384d, 385, 398 or 399; 1176
Sec. 28. Section 19a-12d of the general statutes is repealed and the 1177
following is substituted in lieu thereof (Effective July 1, 2020): 1178
On or before the last day of January, April, July and October in each 1179
year, the Commissioner of Public Health shall certify the amount of 1180
revenue received as a result of any fee increase in the amount of five 1181
dollars that took effect (1) October 1, 2015, pursuant to sections 19a-88, 1182
19a-515, 20-65k, 20-74bb, 20-74h, 20-74s, 20-149, 20-162o, 20-162bb, 20-1183
191a, 20-195c, as amended by this act, 20-195o, 20-195cc, 20-201, 20-206b, 1184
20-206n, 20-206r, 20-206bb, 20-206ll, 20-222a, 20-275, 20-395d, 20-398 and 1185
20-412, and (2) October 1, 2020, pursuant to section 20-185k, as amended 1186
by this act, and transfer such amount to the professional assistance 1187
program account established in section 19a-12c. 1188
Sec. 29. Subdivision (1) of subsection (a) of section 19a-12e of the 1189
general statutes is repealed and the following is substituted in lieu 1190
thereof (Effective October 1, 2020): 1191 Raised Bill No. 5417
LCO No. 2272 38 of 52
(1) "Health care professional" means any individual licensed or who 1192
holds a permit pursuant to chapter 368v, 370, 372, 373, 375 to 378, 1193
inclusive, 379 to 381b, inclusive, 382a, 383 to 385, inclusive, 388 or 397a 1194
to 399, inclusive; 1195
Sec. 30. Subsection (b) of section 20-185k of the general statutes is 1196
repealed and the following is substituted in lieu thereof (Effective October 1197
1, 2020, and applicable to the renewal of a license that expires on or after that 1198
date): 1199
(b) A license issued under this section may be renewed annually. The 1200
license shall be renewed in accordance with the provisions of section 1201
19a-88, for a fee of one hundred [seventy-five] eighty dollars. Each 1202
behavior analyst applying for license renewal shall furnish evidence 1203
satisfactory to the commissioner of having current certification with the 1204
Behavior Analyst Certification Board. 1205
Sec. 31. Subsection (a) of section 17a-412 of the general statutes is 1206
repealed and the following is substituted in lieu thereof (Effective October 1207
1, 2020): 1208
(a) Any physician or surgeon licensed under the provisions of chapter 1209
370, any resident physician or intern in any hospital in this state, 1210
whether or not so licensed, [and] any registered nurse, licensed practical 1211
nurse, medical examiner, dentist, optometrist, chiropractor, podiatrist, 1212
social worker, clergyman, police officer, pharmacist, physical therapist, 1213
long-term care facility administrator, nurse's aide or orderly in a long-1214
term care facility, any person paid for caring for a patient in a long-term 1215
care facility, any staff person employed by a long-term care facility, 1216
[and] any person who is a sexual assault counselor or a domestic 1217
violence counselor as defined in section 52-146k, and any behavior 1218
analyst licensed under the provisions of chapter 382a, who has 1219
reasonable cause to suspect or believe that a resident in a long-term care 1220
facility has been abused, neglected, exploited or abandoned, or is in a 1221
condition that is the result of such abuse, neglect, exploitation or 1222
abandonment, shall, not later than seventy-two hours after such 1223
suspicion or belief arose, report such information or cause a report to be 1224 Raised Bill No. 5417
LCO No. 2272 39 of 52
made in any reasonable manner to the Commissioner of Social Services 1225
pursuant to chapter 319dd. Any person required to report under the 1226
provision of this section who fails to make such report within the 1227
prescribed time period shall be fined not more than five hundred 1228
dollars, except that, if such person intentionally fails to make such report 1229
within the prescribed time period, such person shall be guilty of a class 1230
C misdemeanor for the first offense and a class A misdemeanor for any 1231
subsequent offense. 1232
Sec. 32. Subsection (a) of section 17b-451 of the general statutes is 1233
repealed and the following is substituted in lieu thereof (Effective October 1234
1, 2020): 1235
(a) A mandatory reporter [, as defined in this section,] who has 1236
reasonable cause to suspect or believe that any elderly person has been 1237
abused, neglected, exploited or abandoned, or is in a condition that is 1238
the result of such abuse, neglect, exploitation or abandonment, or is in 1239
need of protective services, shall, not later than seventy-two hours after 1240
such suspicion or belief arose, report such information or cause a report 1241
to be made in any reasonable manner to the Commissioner of Social 1242
Services or to the person or persons designated by the commissioner to 1243
receive such reports. The term "mandatory reporter" means (1) any 1244
physician or surgeon licensed under the provisions of chapter 370, (2) 1245
any resident physician or intern in any hospital in this state, whether or 1246
not so licensed, (3) any registered nurse, (4) any nursing home 1247
administrator, nurse's aide or orderly in a nursing home facility or 1248
residential care home, (5) any person paid for caring for a resident in a 1249
nursing home facility or residential care home, (6) any staff person 1250
employed by a nursing home facility or residential care home, (7) any 1251
residents' advocate, other than a representative of the Office of the Long-1252
Term Care Ombudsman, as established under section 17a -405, 1253
including the State Ombudsman, (8) any licensed practical nurse, 1254
medical examiner, dentist, optometrist, chiropractor, podiatrist, 1255
behavior analyst, social worker, clergyman, police officer, pharmacist, 1256
psychologist or physical therapist, (9) any person paid for caring for an 1257
elderly person by any institution, organization, agency or facility, 1258 Raised Bill No. 5417
LCO No. 2272 40 of 52
including without limitation, any employee of a community-based 1259
services provider, senior center, home care agency, homemaker and 1260
companion agency, adult day care center, village-model community 1261
and congregate housing facility, and (10) any person licensed or 1262
certified as an emergency medical services provider pursuant to chapter 1263
368d or chapter 384d, including any such emergency medical services 1264
provider who is a member of a municipal fire department. Any 1265
mandatory reporter who fails to make such report within the prescribed 1266
time period shall be fined not more than five hundred dollars, except 1267
that, if such person intentionally fails to make such report within the 1268
prescribed time period, such person shall be guilty of a class C 1269
misdemeanor for the first offense and a class A misdemeanor for any 1270
subsequent offense. Any institution, organization, agency or facility 1271
employing individuals to care for persons sixty years of age or older 1272
shall provide mandatory training on detecting potential abuse, neglect, 1273
exploitation and abandonment of such persons and inform such 1274
employees of their obligations under this section. For purposes of this 1275
subsection, "person paid for caring for an elderly person by any 1276
institution, organization, agency or facility" includes an employee of a 1277
community-based services provider, senior center, home health care 1278
agency, homemaker and companion agency, adult day care center, 1279
village-model community and congregate housing facility. 1280
Sec. 33. Section 19a-6o of the general statutes is repealed and the 1281
following is substituted in lieu thereof (Effective July 1, 2020): 1282
(a) There is established, within available appropriations, within the 1283
Department of Public Health, a Palliative Care Advisory Council. The 1284
advisory council shall: (1) Analyze the current state of palliative care in 1285
the state; and (2) advise the department on matters relating to the 1286
improvement of palliative care and the quality of life for persons with 1287
serious or chronic illnesses. 1288
(b) The advisory council shall consist of the following members: 1289
(1) Two appointed by the Governor, one of whom shall be a physician 1290 Raised Bill No. 5417
LCO No. 2272 41 of 52
certified by the American Board of Hospice and Palliative Medicine and 1291
one of whom shall be a registered nurse or advanced practice registered 1292
nurse certified by the National Board for Certification of Hospice and 1293
Palliative Nurses; 1294
(2) Seven appointed by the Commissioner of Public Health, each of 1295
whom shall be a licensed health care provider, with each appointee 1296
having experience or expertise in the provision of one of the following: 1297
(A) Inpatient palliative care in a hospital; (B) inpatient palliative care in 1298
a nursing home facility; (C) palliative care in the patient's home or a 1299
community setting; (D) pediatric palliative care; (E) palliative care for 1300
young adults; (F) palliative care for adults or elderly persons; and (G) 1301
inpatient palliative care in a psychiatric facility; 1302
(3) One appointed by the speaker of the House of Representatives, 1303
who shall be a licensed social worker experienced in working with 1304
persons with serious or chronic illness and their family members; 1305
(4) One appointed by the president pro tempore of the Senate, who 1306
shall be a licensed pharmacist experienced in working with persons 1307
with serious or chronic illness; 1308
(5) One appointed by the minority leader of the House of 1309
Representatives, who shall be a spiritual counselor experienced in 1310
working with persons with serious or chronic illness and their family 1311
members; and 1312
(6) One appointed by the minority leader of the Senate, who shall be 1313
a representative of the American Cancer Society or a person experienced 1314
in advocating for persons with serious or chronic illness and their family 1315
members. 1316
(c) All appointments to the advisory council shall be made not later 1317
than December 31, 2013. Advisory council members shall serve three-1318
year terms. Any vacancy shall be filled by the appointing authority. 1319
(d) Any appointment that is vacant for one year or more shall be filled 1320 Raised Bill No. 5417
LCO No. 2272 42 of 52
by the Commissioner of Public Health. The commissioner shall notify 1321
the appointing authority of the commissioner's choice of member for 1322
appointment not less than thirty days before making such vacancy 1323
appointment. 1324
[(d)] (e) Members shall receive no compensation except for 1325
reimbursement for necessary expenses incurred in performing their 1326
duties. 1327
[(e)] (f) The members shall elect the chairperson of the advisory 1328
council from among the members of the advisory council. A majority of 1329
the advisory council members shall constitute a quorum. Any action 1330
taken by the advisory council shall require a majority vote of those 1331
present. The first meeting of the advisory council shall be held not later 1332
than December 31, 2013. The advisory council shall meet biannually and 1333
at other times upon the call of the chairperson, upon the request of the 1334
Commissioner of Public Health or upon the request of a majority of the 1335
advisory council members. 1336
[(f)] (g) Not later than January 1, [2015] 2021, and [annually] 1337
biennially thereafter, the advisory council shall submit a report on its 1338
findings and recommendations to the Commissioner of Public Health 1339
and the joint standing committee of the General Assembly having 1340
cognizance of matters relating to public health, in accordance with the 1341
provisions of section 11-4a. 1342
Sec. 34. Section 19a-6q of the 2020 supplement to the general statutes 1343
is repealed and the following is substituted in lieu thereof (Effective from 1344
passage): 1345
[(a)] The Commissioner of Public Health, in consultation with the 1346
executive director of the Office of Health Strategy, established under 1347
section 19a-754a, and local and regional health departments, shall, 1348
within available resources, develop a plan that is consistent with the 1349
Department of Public Health's Healthy Connecticut 2020 health 1350
improvement plan and the state healthcare innovation plan developed 1351
pursuant to the State Innovation Model Initiative by the Centers for 1352 Raised Bill No. 5417
LCO No. 2272 43 of 52
Medicare and Medicaid Services Innovation Center. The commissioner 1353
shall develop and implement such plan to: (1) Reduce the incidence of 1354
tobacco use, high blood pressure, health care associated infections, 1355
asthma, unintended pregnancy and diabetes; (2) improve chronic 1356
disease care coordination in the state; and (3) reduce the incidence and 1357
effects of chronic disease and improve outcomes for conditions 1358
associated with chronic disease in the state. 1359
[(b) The commissioner shall, on or before January 15, 2015, and 1360
biennially thereafter, submit a report, in consultation with the executive 1361
director of the Office of Health Strategy, in accordance with the 1362
provisions of section 11-4a to the joint standing committee of the 1363
General Assembly having cognizance of matters relating to public 1364
health concerning chronic disease and implementation of the plan 1365
described in subsection (a) of this section. The commissioner shall post 1366
each report on the Department of Public Health's Internet web site not 1367
later than thirty days after submitting such report. Each report shall 1368
include, but need not be limited to: (1) A description of the chronic 1369
diseases that are most likely to cause a person's death or disability, the 1370
approximate number of persons affected by such chronic diseases and 1371
an assessment of the financial effects of each such disease on the state 1372
and on hospitals and health care facilities; (2) a description and 1373
assessment of programs and actions that have been implemented by the 1374
department and health care providers to improve chronic disease care 1375
coordination and prevent chronic disease; (3) the sources and amounts 1376
of funding received by the department to treat persons with multiple 1377
chronic diseases and to treat or reduce the most prevalent chronic 1378
diseases in the state; (4) a description of chronic disease care 1379
coordination between the department and health care providers, to 1380
prevent and treat chronic disease; and (5) recommendations concerning 1381
actions that health care providers and persons with chronic disease may 1382
take to reduce the incidence and effects of chronic disease.] 1383
Sec. 35. Subsection (b) of section 19a-493 of the 2020 supplement to 1384
the general statutes is repealed and the following is substituted in lieu 1385
thereof (Effective July 1, 2020): 1386 Raised Bill No. 5417
LCO No. 2272 44 of 52
(b) (1) A nursing home license may be renewed biennially after (A) 1387
an unscheduled inspection conducted by the department, (B) 1388
submission of the information required by section 19a-491a, and (C) 1389
submission of evidence satisfactory to the department that the nursing 1390
home is in compliance with the provisions of this chapter, the [Public 1391
Health Code] regulations of Connecticut state agencies and licensing 1392
regulations. 1393
(2) Any change in the ownership of a facility or institution, as defined 1394
in section 19a-490, owned by an individual, partnership or association 1395
or the change in ownership or beneficial ownership of ten per cent or 1396
more of the stock of a corporation which owns, conducts, operates or 1397
maintains such facility or institution, shall be subject to prior approval 1398
of the department after a scheduled inspection of such facility or 1399
institution is conducted by the department, provided such approval 1400
shall be conditioned upon a showing by such facility or institution to the 1401
commissioner that it has complied with all requirements of this chapter, 1402
the regulations relating to licensure and all applicable requirements of 1403
the [Public Health Code] regulations of Connecticut state agencies. Any 1404
such change in ownership or beneficial ownership resulting in a transfer 1405
to a person related by blood or marriage to such an owner or beneficial 1406
owner shall not be subject to prior approval of the department unless: 1407
(A) Ownership or beneficial ownership of ten per cent or more of the 1408
stock of a corporation, limited liability corporation, partnership or 1409
association which owns, conducts, operates or maintains more than one 1410
facility or institution is transferred; (B) ownership or beneficial 1411
ownership is transferred in more than one facility or institution; or (C) 1412
the facility or institution is the subject of a pending complaint, 1413
investigation or licensure action. If the facility or institution is not in 1414
compliance, the commissioner may require the new owner to sign a 1415
consent order providing reasonable assurances that the violations shall 1416
be corrected within a specified period of time. Notice of any such 1417
proposed change of ownership shall be given to the department at least 1418
one hundred twenty days prior to the effective date of such proposed 1419
change. For the purposes of this subdivision, "a person related by blood 1420 Raised Bill No. 5417
LCO No. 2272 45 of 52
or marriage" means a parent, spouse, child, brother, sister, aunt, uncle, 1421
niece or nephew. For the purposes of this subdivision, a change in the 1422
legal form of the ownership entity, including, but not limited to, changes 1423
from a corporation to a limited liability company, a partnership to a 1424
limited liability partnership, a sole proprietorship to a corporation and 1425
similar changes, shall not be considered a change of ownership if the 1426
beneficial ownership remains unchanged and the owner provides such 1427
information regarding the change to the department as may be required 1428
by the department in order to properly identify the current status of 1429
ownership and beneficial ownership of the facility or institution. For the 1430
purposes of this subdivision, a public offering of the stock of any 1431
corporation that owns, conducts, operates or maintains any such facility 1432
or institution shall not be considered a change in ownership or beneficial 1433
ownership of such facility or institution if the licensee and the officers 1434
and directors of such corporation remain unchanged, such public 1435
offering cannot result in an individual or entity owning ten per cent or 1436
more of the stock of such corporation, and the owner provides such 1437
information to the department as may be required by the department in 1438
order to properly identify the current status of ownership and beneficial 1439
ownership of the facility or institution. 1440
Sec. 36. (NEW) (Effective October 1, 2020) A health care facility licensed 1441
pursuant to chapter 368v of the general statutes shall have policies and 1442
procedures in place that reflect the National Centers for Disease Control 1443
and Prevention's recommendations for tuberculosis screening, testing, 1444
treatment and education for health care personnel. Any employee 1445
providing direct patient care in a facility licensed pursuant to chapter 1446
368v of the general statutes shall be required to receive tuberculosis 1447
screening and testing in compliance with the licensed health care 1448
facility's policies and procedures. 1449
Sec. 37. Subsection (c) of section 19a-343 of the general statutes is 1450
repealed and the following is substituted in lieu thereof (Effective October 1451
1, 2020): 1452
(c) Three or more arrests, the issuance of three or more arrest 1453 Raised Bill No. 5417
LCO No. 2272 46 of 52
warrants indicating a pattern of criminal activity and not isolated 1454
incidents or the issuance of three or more citations for a violation of a 1455
municipal ordinance as described in subdivision (14) of this subsection, 1456
for the following offenses shall constitute the basis for bringing an action 1457
to abate a public nuisance: 1458
(1) Prostitution under section 53a-82, 53a-83, 53a-86, 53a-87, 53a-88 or 1459
53a-89. 1460
(2) Promoting an obscene performance or obscene material under 1461
section 53a-196 or 53a-196b, employing a minor in an obscene 1462
performance under section 53a-196a, importing child pornography 1463
under section 53a-196c, possessing child pornography in the first degree 1464
under section 53a-196d, possessing child pornography in the second 1465
degree under section 53a-196e or possessing child pornography in the 1466
third degree under section 53a-196f. 1467
(3) Transmission of gambling information under section 53-278b or 1468
53-278d or maintaining of a gambling premises under section 53-278e. 1469
(4) Offenses for the sale of controlled substances, possession of 1470
controlled substances with intent to sell, or maintaining a drug factory 1471
under section 21a-277, 21a-278 or 21a-278a or use of the property by 1472
persons possessing controlled substances under section 21a-279. 1473
Nothing in this section shall prevent the state from also proceeding 1474
against property under section 21a-259 or 54-36h. 1475
(5) Unauthorized sale of alcoholic liquor under section 30-74 or 1476
disposing of liquor without a permit under section 30-77, or sale or 1477
delivery of alcoholic liquor to any minor under subdivision (1) of 1478
subsection (b) of section 30-86 or the sale, delivery or giving of alcoholic 1479
liquor to a minor under subdivision (2) of subsection (b) of section 30-1480
86. 1481
(6) Maintaining a motor vehicle chop shop under section 14-149a. 1482
(7) Inciting injury to persons or property under section 53a-179a. 1483 Raised Bill No. 5417
LCO No. 2272 47 of 52
(8) Murder or manslaughter under section 53a-54a, 53a-54b, 53a-55, 1484
53a-56 or 53a-56a. 1485
(9) Assault under section 53a-59, 53a-59a, subdivision (1) of 1486
subsection (a) of section 53a-60 or section 53a-60a or 53a-61. 1487
(10) Sexual assault under section 53a-70 or 53a-70a. 1488
(11) Fire safety violations under section 29-291a, 29-291c, 29-292, 1489
subsection (b) of section 29-310, or section 29-315, 29-349 or 29-357. 1490
(12) Firearm offenses under section 29-35, 53-202aa, 53-203, 53a-211, 1491
53a-212, 53a-216, 53a-217 or 53a-217c. 1492
(13) Illegal manufacture, sale, possession or dispensing of a drug 1493
under subdivision (2) of section 21a-108. 1494
(14) Violation of a municipal ordinance resulting in the issuance of a 1495
citation for (A) excessive noise on nonresidential real property that 1496
significantly impacts the surrounding area, provided the municipality's 1497
excessive noise ordinance is based on an objective standard, (B) owning 1498
or leasing a dwelling unit that provides residence to an excessive 1499
number of unrelated persons resulting in dangerous or unsanitary 1500
conditions that significantly impact the safety of the surrounding area, 1501
or (C) impermissible operation of (i) a business that permits persons 1502
who are not licensed pursuant to section 20-206b to engage in the 1503
practice of massage therapy, or (ii) a massage parlor, as defined by the 1504
applicable municipal ordinance, that significantly impacts the safety of 1505
the surrounding area. 1506
Sec. 38. Section 19a-131g of the general statutes is repealed and the 1507
following is substituted in lieu thereof (Effective from passage): 1508
The Commissioner of Public Health shall establish a Public Health 1509
Preparedness Advisory Committee for purposes of advising the 1510
Department of Public Health on matters concerning emergency 1511
responses to a public health emergency. The advisory committee shall 1512
consist of the Commissioner of Public Health, or the commissioner's 1513 Raised Bill No. 5417
LCO No. 2272 48 of 52
designee, the Commissioner of Emergency Services and Public 1514
Protection, or the commissioner's designee, the president pro tempore 1515
of the Senate, or the president's designee, the speaker of the House of 1516
Representatives, the majority and minority leaders of both houses of the 1517
General Assembly, or the leaders' designees, and the chairpersons and 1518
ranking members of the joint standing committees of the General 1519
Assembly having cognizance of matters relating to public health, public 1520
safety and the judiciary, or the chairpersons' and ranking members' 1521
designees, and representatives of town, city, borough and district 1522
directors of health, as appointed by the commissioner, and any other 1523
organization or persons that the commissioner deems relevant to the 1524
issues of public health preparedness. Upon the request of the 1525
commissioner, the Public Health Preparedness Advisory Committee 1526
may meet to review the plan for emergency responses to a public health 1527
emergency and other matters as deemed necessary by the 1528
commissioner. 1529
Sec. 39. Subsection (d) of section 19a-30 of the general statutes is 1530
repealed and the following is substituted in lieu thereof (Effective July 1, 1531
2020): 1532
(d) A nonrefundable fee of two hundred dollars shall accompany 1533
each application for a license or for renewal thereof, except in the case 1534
of a clinical laboratory owned and operated by a municipality, the state, 1535
the United States or any agency of said municipality, state or United 1536
States. Each license shall be issued for a period of not less than twenty-1537
four nor more than twenty-seven months from the deadline for 1538
applications established by the commissioner. Renewal applications 1539
shall be made (1) biennially within the twenty-fourth month of the 1540
current license; (2) before any change in ownership or change in director 1541
is made; and (3) prior to any major expansion or alteration in quarters. 1542
A licensed clinical laboratory shall report to the department, in a form 1543
and manner prescribed by the commissioner, the name and address of 1544
each blood collection facility owned and operated by the clinical 1545
laboratory prior to issuance of a license to the clinical laboratory, prior 1546
to issuance of a notice of renewal thereof to the clinical laboratory or 1547 Raised Bill No. 5417
LCO No. 2272 49 of 52
whenever a blood collection facility owned and operated by the clinical 1548
laboratory opens or closes. 1549
Sec. 40. Subsection (b) of section 20-365 of the general statutes is 1550
repealed and the following is substituted in lieu thereof (Effective July 1, 1551
2020): 1552
(b) Nothing in section 19a-200, as amended by this act, subsection (a) 1553
of section 19a-206, or sections 19a-207, 19a-242, 20-358 or 20-360 to 20-1554
365, inclusive, shall prevent any of the following persons from engaging 1555
in the performance of their duties: (1) Any person certified by the 1556
Department of Public Health as a food or sewage inspector in 1557
accordance with regulations adopted pursuant to section 19a-36, (2) any 1558
person employed by a local health department performing the duties of 1559
a lead inspector who complies with training standards established 1560
pursuant to section 20-479, (3) a director of health acting pursuant to 1561
[subsection (a) of] section 19a-200, as amended by this act, or section 1562
19a-244, as amended by this act, (4) any employee of a water utility or 1563
federal or state agency performing his duties in accordance with 1564
applicable statutes and regulations, (5) any person employed by a local 1565
health department working under the direct supervision of a licensed 1566
sanitarian, (6) any person licensed or certified by the Department of 1567
Public Health in a specific program performing certain duties that are 1568
included within the duties of a sanitarian, or (7) a student enrolled in an 1569
accredited academic program leading to a degree in environmental 1570
health or completing a special training course in environmental health 1571
approved by the commissioner, provided such student is clearly 1572
identified by a title which indicates his or her status as a student. 1573
Sec. 41. Subsection (b) of section 20-195u of the general statutes is 1574
repealed and the following is substituted in lieu thereof (Effective from 1575
passage): 1576
(b) Continuing education required pursuant to this section shall be 1577
related to the practice of social work and shall include not less than one 1578
contact hour of training or education each registration period on the 1579 Raised Bill No. 5417
LCO No. 2272 50 of 52
topic of cultural competency and, on and after January 1, 2016, not less 1580
than two contact hours of training or education during the first renewal 1581
period in which continuing education is required and not less than once 1582
every six years thereafter on the topic of mental health conditions 1583
common to veterans and family members of veterans, including (1) 1584
determining whether a patient is a veteran or family member of a 1585
veteran, (2) screening for conditions such as post-traumatic stress 1586
disorder, risk of suicide, depression and grief, and (3) suicide prevention 1587
training. Such continuing education shall consist of courses, workshops 1588
and conferences offered or approved by the Association of Social Work 1589
Boards, the National Association of Social Workers or a school or 1590
department of social work accredited by the Council on Social Work 1591
Education. A licensee's ability to engage in on-line and home study 1592
continuing education shall be limited to not more than [six] ten hours 1593
per registration period. Within the registration period, an initial 1594
presentation by a licensee of an original paper, essay or formal lecture 1595
in social work to a recognized group of fellow professionals may 1596
account for five hours of continuing education hours of the aggregate 1597
continuing education requirements prescribed in this section. 1598
Sec. 42. Section 20-265h of the 2020 supplement to the general statutes 1599
is repealed and the following is substituted in lieu thereof (Effective from 1600
passage): 1601
(a) On and after July 1, 2021, each spa or salon that employs 1602
hairdressers and cosmeticians, estheticians, eyelash technicians, [or] nail 1603
technicians or massage therapists shall be under the management of a 1604
hairdresser and cosmetician registered under this chapter, an esthetician 1605
licensed under section 20-265b or 20-265f, an eyelash technician licensed 1606
under section 20-265c or 20-265f, [or] a nail technician licensed under 1607
section 20-265d or 20-265f or a massage therapist licensed under chapter 1608
384a. 1609
(b) Any such spa or salon shall be in compliance with the provisions 1610
of title 34 if applicable, and any applicable state law concerning the 1611
maintenance of payroll records, the classification of employees and the 1612 Raised Bill No. 5417
LCO No. 2272 51 of 52
provision of workers' compensation coverage. 1613
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 PA 19-117, Sec. 73
Sec. 2 October 1, 2020 25-33(b)
Sec. 3 October 1, 2020 8-3i
Sec. 4 October 1, 2020 22a-42f
Sec. 5 October 1, 2020 19a-111
Sec. 6 October 1, 2020 19a-37
Sec. 7 October 1, 2020 19a-524
Sec. 8 October 1, 2020 19a-491c(c)(2)
Sec. 9 October 1, 2020 19a-179
Sec. 10 October 1, 2020 20-207
Sec. 11 October 1, 2020 20-212
Sec. 12 October 1, 2020 20-213(a) and (b)
Sec. 13 October 1, 2020 20-215
Sec. 14 October 1, 2020 20-217(a)
Sec. 15 October 1, 2020 20-224
Sec. 16 October 1, 2020 20-226
Sec. 17 from passage 20-195dd(a) and (b)
Sec. 18 October 1, 2020 20-195c(b)
Sec. 19 October 1, 2020 20-266n
Sec. 20 October 1, 2020 20-266o
Sec. 21 October 1, 2020 19a-14(a)(12)
Sec. 22 October 1, 2020 20-204a
Sec. 23 January 1, 2021 7-62b(b) and (c)
Sec. 24 July 1, 2020 19a-200
Sec. 25 July 1, 2020 19a-202a
Sec. 26 July 1, 2020 19a-244
Sec. 27 July 1, 2020 19a-12a(a)(3)
Sec. 28 July 1, 2020 19a-12d
Sec. 29 October 1, 2020 19a-12e(a)(1)
Sec. 30 October 1, 2020, and
applicable to the renewal of
a license that expires on or
after that date
20-185k(b)
Sec. 31 October 1, 2020 17a-412(a)
Sec. 32 October 1, 2020 17b-451(a)
Sec. 33 July 1, 2020 19a-6o Raised Bill No. 5417
LCO No. 2272 52 of 52
Sec. 34 from passage 19a-6q
Sec. 35 July 1, 2020 19a-493(b)
Sec. 36 October 1, 2020 New section
Sec. 37 October 1, 2020 19a-343(c)
Sec. 38 from passage 19a-131g
Sec. 39 July 1, 2020 19a-30(d)
Sec. 40 July 1, 2020 20-365(b)
Sec. 41 from passage 20-195u(b)
Sec. 42 from passage 20-265h
Statement of Purpose:
To implement the Department of Public Health's recommendations
regarding various revisions to the public health statutes.
[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.]