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General Assembly Raised Bill No. 6637
January Session, 2021
LCO No. 4488
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)
AN ACT CONCERNING ST ATE-WIDE MENTAL HEAL TH SERVICES
FOR DEAF, DEAF-BLIND AND HARD OF HEARING PERSONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section and 1
sections 2 to 5, inclusive, of this act: 2
(1) "Deaf person" means a person who has a hearing loss which is so 3
severe that the person has difficulty in processing linguistic information 4
through hearing, with or without amplification or other assistive 5
technology; 6
(2) "Deaf-blind person" means a person who has both a hearing loss 7
and a visual loss that present challenges in (A) processing linguistic 8
information through hearing and sight, and (B) functioning 9
independently as a sighted person without training; 10
(3) "Hard of hearing person" means a person who has a hearing loss, 11
whether permanent or fluctuating, which may be corrected by 12
amplification or other assistive technology or means but presents 13
challenges in processing linguistic information through hearing; 14 Raised Bill No. 6637
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(4) "American Sign Language" or "ASL" means the visual language 15
used by deaf and hard of hearing persons in the United States and 16
Canada, with semantic, syntactic, morphological and phonological rules 17
distinct from the English language; 18
(5) "English-based manual or sign system" means a sign system that 19
uses manual signs in English language word order, sometimes with 20
added affixes that are not present in ASL; 21
(6) "Oral, aural or speech-based system" means a communication 22
system which uses a deaf or hard of hearing person's speech or residual 23
hearing abilities, with or without the assistance of technology or cues; 24
(7) "Language, communication mode or style" means one or more of 25
the following: (A) ASL, (B) English-based manual or sign systems, (C) 26
minimal sign language system to communicate with persons who use 27
home-based signs, idiosyncratic signs or a sign system or language from 28
another country, (D) oral, aural or speech-based systems with or 29
without assistive technology, and (E) tactile method ASL or protactile 30
ASL as used by deaf-blind persons; 31
(8) "Primary language, communication mode or style" means the 32
language, communication mode or style which is preferred by and most 33
effective for a particular person, or as determined by an appropriate 34
language assessment undertaken by persons proficient in the language, 35
communication mode or style being assessed; 36
(9) "Culturally and linguistically affirmative mental health services" 37
means the provision of a full continuum of mental health services to a 38
deaf, deaf-blind or hard of hearing person through an appropriately 39
licensed mental health professional fluent in the primary language, 40
communication mode or style and cultural needs of the person requiring 41
such services; and 42
(10) "Accessible mental health services" means the provision of a full 43
continuum of mental health services with the use of auxiliary aids and 44
services necessary for a deaf, deaf-blind or hard of hearing person to 45 Raised Bill No. 6637
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communicate with appropriately qualified mental health professionals 46
who are not fluent in the primary language, communication mode or 47
style of the person requiring such services, including, but not limited to, 48
qualified interpreters utilizing the language or communication mode 49
used by such person, written communications or assistive listening 50
devices. 51
Sec. 2. (NEW) (Effective July 1, 2021) (a) There is established a bill of 52
rights for deaf, deaf-blind and hard of hearing persons in need of mental 53
health services. The rights afforded such persons, pursuant to 54
subsection (b) of this section, shall be available to such persons only to 55
the extent that such rights are implemented in accordance with other 56
provisions of the general statutes, state policies, procedures and 57
regulations, federal law, the Constitution of the state and the 58
Constitution of the United States. 59
(b) A deaf, deaf-blind or hard of hearing person has a right to: 60
(1) Culturally and linguistically affirmative mental health services 61
that accommodate the unique needs of such person; 62
(2) Accessible mental health services delivered in such person's 63
primary language, communication mode or style; 64
(3) Specialized mental health services when necessary that provide 65
appropriate and fully accessible counseling and therapeutic options 66
using an appropriate oral, aural or speech-based system tailored to the 67
unique needs of such person; 68
(4) Express his or her opinion in determining the extent, content and 69
purpose of mental health treatment or services that accommodate the 70
unique needs of such person; 71
(5) Programs offering access to a full continuum of services, 72
including, but not limited to, all modes of therapy and evaluations; 73
(6) Programs informed by appropriate research, curricula, staff and 74
outreach; and 75 Raised Bill No. 6637
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(7) Express his or her views concerning the development and 76
implementation of state and regional programs for the mental health 77
service needs of such person. 78
Sec. 3. (NEW) (Effective July 1, 2021) (a) The Commissioner of Mental 79
Health and Addiction Services, in consultation with the Commissioners 80
of Developmental Services, Social Services, Children and Families, 81
Aging and Disability Services and Education and the director of the 82
Bureau of Education and Services for the Blind within the Department 83
of Aging and Disability Services, shall establish a state-wide mental 84
health services program for deaf, deaf-blind and hard of hearing 85
persons that delivers services in accordance with the provisions of 86
section 2 of this act and this section. 87
(b) The state-wide mental health services program shall include, but 88
not be limited to: 89
(1) Regional service centers or options that provide for culturally and 90
linguistically affirmative mental health services and accessible mental 91
health services to deaf, deaf-blind and hard of hearing persons, 92
including the provision of sign language interpreting, video relay 93
telecommunications, captioning, telehealth and telemedicine services; 94
(2) Monitoring of all mental health programs to ensure that deaf, 95
deaf-blind and hard of hearing persons of all ages are adequately 96
served; 97
(3) An adequate allocation of state resources and funding to ensure 98
that such program provides appropriate mental health services to deaf, 99
deaf-blind and hard of hearing persons; and 100
(4) In geographical areas where there are insufficient mental health 101
professionals adequately trained in any language, communication 102
mode or style necessary to treat deaf, deaf-blind or hard of hearing 103
persons, the development and implementation of strategies to address 104
the treatment needs of such persons. 105 Raised Bill No. 6637
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(c) The Commissioners of Mental Health and Addiction Services, 106
Developmental Services, Social Services, Children and Families, Aging 107
and Disability Services and Education shall assign not less than one staff 108
member from each respective agency to implement the provisions of 109
this section. Each such staff member shall possess (1) a thorough 110
understanding of the mental health needs of deaf, deaf-blind and hard 111
of hearing persons; (2) competency in ASL and knowledge of the culture 112
specific to the deaf, deaf-blind and hard of hearing community; (3) a 113
master's degree in a behavioral health or related clinical field and 114
preferably state licensure in a behavioral health or a related clinical field; 115
and (4) not less than three years of experience providing mental health 116
services to deaf, deaf-blind and hard of hearing persons. 117
(d) In implementing the provisions of this section, the Commissioner 118
of Mental Health and Addiction Services, in consultation with the 119
Commissioners of Developmental Services, Social Services, Children 120
and Families, Aging and Disability Services and Education and the 121
director of the Bureau of Education and Services for the Blind within the 122
Department of Aging and Disability Services, shall: 123
(1) Ensure the provision of appropriate consultation, training and 124
technical assistance to mental health service providers in various 125
settings such as inpatient, outpatient and residential programs serving 126
deaf, deaf-blind and hard of hearing persons with mental health needs, 127
addiction or substance abuse issues; 128
(2) Maximize the use of state resources and joint planning, including, 129
but not limited to, developing, assigning and distributing mental health 130
programming and funds or grants to public and private providers to 131
achieve optimum service delivery within the system of care; 132
(3) Develop and oversee various agency and service providers 133
responsible for the state-wide delivery of mental health services to deaf, 134
deaf-blind and hard of hearing persons; 135
(4) Establish state-wide mental health standards of care for deaf, deaf-136
blind and hard of hearing persons, including, but not limited to, 137 Raised Bill No. 6637
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standards for (A) proficiency of direct mental health service providers 138
in ASL and any other language or mode of communication, (B) in-139
person and video remote interpretation in mental health settings, and 140
(C) qualified professionals to conduct mental health and cognitive 141
diagnostic testing of deaf, deaf-blind and hard of hearing persons, 142
including, but not limited to, requirements that such professionals be 143
appropriately credentialed mental health professionals with the 144
requisite level of fluency in ASL or the primary language, 145
communication, mode or style of such persons, or work with a qualified 146
ASL interpreter where necessary; and 147
(5) Develop and implement policies, procedures and regulations, in 148
accordance with the provisions of chapter 54 of the general statutes, for 149
a deaf, deaf-blind or hard of hearing person, or a parent or legal 150
guardian of such person to (A) file a complaint when appropriate 151
mental health services and related interpreting services are not 152
provided, and (B) decline services that do not accommodate the unique 153
needs of such person. 154
Sec. 4. (NEW) (Effective July 1, 2021) (a) The Commissioner of Mental 155
Health and Addiction Services, in consultation with the Commissioners 156
of Developmental Services, Social Services, Children and Families, 157
Aging and Disability Services and Education and the director of the 158
Bureau of Education and Services for the Blind within the Department 159
of Aging and Disability Services shall establish an advisory committee 160
for the state-wide mental health program for deaf, deaf-blind and hard 161
of hearing persons established pursuant to section 3 of this act. The 162
committee shall address the mental health service needs of deaf, deaf-163
blind and hard of hearing persons, including, but not limited to, (1) 164
identifying gaps in the provision of services, necessary resources and 165
funding, and (2) assisting in long-range planning to serve the mental 166
health needs of such persons. 167
(b) The advisory committee shall consist of eight deaf, deaf-blind or 168
hard of hearing consumers of mental health services and seven agency 169
and service provider representatives. The chairpersons of the advisory 170 Raised Bill No. 6637
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committee shall be chosen by the Commissioner of Mental Health and 171
Addiction Services. The committee shall meet not less than twice 172
annually and make recommendations periodically to the commissioner. 173
Sec. 5. (Effective July 1, 2021) The sum of one hundred thousand 174
dollars is appropriated to the Department of Mental Health and 175
Addiction Services, from the General Fund, for the fiscal year ending 176
June 30, 2022, for startup costs relating to the establishment of a state-177
wide mental health services program for persons who are deaf, deaf-178
blind or hard of hearing pursuant to section 3 of this act. 179
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 New section
Sec. 2 July 1, 2021 New section
Sec. 3 July 1, 2021 New section
Sec. 4 July 1, 2021 New section
Sec. 5 July 1, 2021 New section
Statement of Purpose:
To establish a state-wide mental health services program to provide
mental health services tailored to the specialized needs of deaf, deaf-
blind and hard of hearing persons.
[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.]