LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06637-R01- HB.docx 1 of 7 General Assembly Substitute Bill No. 6637 January Session, 2021 AN ACT CONCERNING A MENTAL HEALTH BILL O F RIGHTS FOR DEAF, DEAFBLIND AND HARD OF HEARING PERS ONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2021) As used in this section, section 1 2 of this act and sections 4-61aa, 46a-27, 46a-28 and 46a-29 of the general 2 statutes, as amended by this act: 3 (1) "Deaf person" means a person who has a hearing loss which is so 4 severe that the person has difficulty in processing linguistic information 5 through hearing, with or without amplification or other assistive 6 technology; 7 (2) "Deafblind person" means a person who has both a hearing loss 8 and a visual loss that present challenges in (A) processing linguistic 9 information through hearing and sight, and (B) functioning 10 independently as a sighted person without training; 11 (3) "Hard of hearing person" means a person who has a hearing loss, 12 whether permanent or fluctuating, which may be corrected by 13 amplification or other assistive technology or means but presents 14 challenges in processing linguistic information through hearing; 15 (4) "American Sign Language" or "ASL" means the visual language 16 Substitute Bill No. 6637 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06637- R01-HB.docx } 2 of 7 used by deaf and hard of hearing persons in the United States and 17 Canada, with semantic, syntactic, morphological and phonological rules 18 distinct from the English language; 19 (5) "English-based manual or sign system" means a sign system that 20 uses manual signs in English language word order, sometimes with 21 added affixes that are not present in ASL; 22 (6) "Oral, aural or speech-based system" means a communication 23 system which uses a deaf or hard of hearing person's speech or residual 24 hearing abilities, with or without the assistance of technology or cues; 25 (7) "Language, communication mode or style" means one or more of 26 the following: (A) ASL, (B) English-based manual or sign systems, (C) a 27 minimal sign language system to communicate with persons who use 28 home-based signs, idiosyncratic signs or a sign system or language from 29 another country, (D) oral, aural or speech-based systems with or 30 without assistive technology, and (E) tactile method ASL or protactile 31 ASL as used by deaf-blind persons; 32 (8) "Primary language, communication mode or style" means the 33 language, communication mode or style which is preferred by and most 34 effective for a particular person, or as determined by an appropriate 35 language assessment undertaken by persons proficient in the language, 36 communication mode or style being assessed; 37 (9) "Culturally and linguistically affirmative mental health services" 38 means the provision of a full continuum of mental health services to a 39 deaf, deafblind or hard of hearing person through an appropriately 40 licensed mental health professional fluent in the primary language, 41 communication mode or style and cultural needs of the person requiring 42 such services; and 43 (10) "Accessible mental health services" means the provision of a full 44 continuum of mental health services with the use of auxiliary aids and 45 services necessary for a deaf, deafblind or hard of hearing person to 46 communicate with appropriately qualified mental health professionals 47 Substitute Bill No. 6637 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06637- R01-HB.docx } 3 of 7 who are not fluent in the primary language, communication mode or 48 style of the person requiring such services, including, but not limited to, 49 qualified interpreters utilizing the language or communication mode 50 used by such person, written communications or assistive listening 51 devices. 52 Sec. 2. (NEW) (Effective July 1, 2021) (a) There is established a bill of 53 rights for deaf, deafblind and hard of hearing persons in need of mental 54 health services. The rights afforded such persons, pursuant to 55 subsection (b) of this section, shall be available to such persons only to 56 the extent that such rights are implemented in accordance with other 57 provisions of the general statutes, state policies, procedures and 58 regulations, federal law, the Constitution of the state and the 59 Constitution of the United States. 60 (b) A deaf, deafblind or hard of hearing person has a right to: 61 (1) Culturally and linguistically affirmative mental health services 62 that accommodate the unique needs of such person; 63 (2) Accessible mental health services delivered in such person's 64 primary language, communication mode or style; 65 (3) Specialized mental health services when necessary that provide 66 appropriate and fully accessible counseling and therapeutic options 67 using an appropriate oral, aural or speech-based system tailored to the 68 unique needs of such person; 69 (4) Express his or her opinion in determining the extent, content and 70 purpose of mental health treatment or services that accommodate the 71 unique needs of such person; 72 (5) Programs offering access to a full continuum of services, 73 including, but not limited to, all modes of therapy and evaluations; 74 (6) Programs informed by appropriate research, curricula, staff and 75 outreach; and 76 Substitute Bill No. 6637 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06637- R01-HB.docx } 4 of 7 (7) Express his or her views concerning the development and 77 implementation of state and regional programs for the mental health 78 service needs of such person. 79 Sec. 3. Subsection (a) of section 4-61aa of the general statutes is 80 repealed and the following is substituted in lieu thereof (Effective July 1, 81 2021): 82 (a) For purposes of this section, "state Americans with Disabilities Act 83 coordinator" means the person appointed by the Governor to coordinate 84 state compliance with the federal Americans with Disabilities Act of 85 1990. There is established a committee to advise the state Americans 86 with Disabilities Act coordinator. The state Americans with Disabilities 87 Act coordinator shall appoint the members of the committee, which 88 shall be chaired by said coordinator, or his designee, and include at least 89 one representative of each of the following: 90 (1) The Board of Education and Services to the Blind; 91 (2) The Advisory Board for Persons Who are Deaf, [or] Hard of 92 Hearing or Deafblind; 93 (3) The Department of Aging and Disability Services; 94 (4) The Department of Mental Health and Addiction Services; 95 (5) The Department of Developmental Services; 96 (6) The Labor Department; 97 (7) The Department of Administrative Services; and 98 (8) The Commission on Human Rights and Opportunities. 99 Sec. 4. Section 46a-27 of the general statutes is repealed and the 100 following is substituted in lieu thereof (Effective July 1, 2021): 101 The Advisory Board for Persons Who are Deaf, [or] Hard of Hearing 102 Substitute Bill No. 6637 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06637- R01-HB.docx } 5 of 7 or Deafblind is hereby created to advocate, strengthen and advise the 103 Governor and the General Assembly concerning state policies affecting 104 persons who are deaf, [or] hard of hearing or deafblind and their 105 relationship to the public, industry, health care and educational 106 opportunity. The board shall: 107 (1) Monitor services for persons who are deaf, [or] hard of hearing or 108 deafblind; 109 (2) Periodically meet with the Commissioners of Public Health, Social 110 Services, Mental Health and Addiction Services, Education, 111 Developmental Services, and Children and Families and the Labor 112 Commissioner, or the commissioners' designees, to discuss best 113 practices and gaps in services for persons who are deaf, [or] hard of 114 hearing or deafblind; 115 (3) Refer persons with complaints concerning the qualification and 116 registration of interpreters for persons who are deaf, [or] hard of hearing 117 or deafblind to the entity designated pursuant to section 46a-10b; 118 (4) Make recommendations for (A) technical assistance and resources 119 for state agencies in order to serve persons who are deaf, [or] hard of 120 hearing or deafblind; (B) public policy and legislative changes needed 121 to address gaps in services; and (C) the qualifications and registration of 122 interpreters pursuant to section 46a-33a. The board shall submit such 123 recommendations, in accordance with section 11-4a, to the Governor 124 and the joint standing committee of the General Assembly having 125 cognizance of matters relating to human services. 126 Sec. 5. Subsection (a) of section 46a-28 of the general statutes is 127 repealed and the following is substituted in lieu thereof (Effective July 1, 128 2021): 129 (a) The Advisory Board for Persons Who are Deaf, [or] Hard of 130 Hearing or Deafblind shall consist of the following sixteen members 131 appointed by the Governor: (1) The consultant appointed by the State 132 Board of Education in accordance with section 10-316a, or the 133 Substitute Bill No. 6637 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06637- R01-HB.docx } 6 of 7 consultant's designee; (2) the president of the Connecticut Council of 134 Organizations Serving the Deaf, or the president's designee; (3) the 135 president of the Connecticut Association of the Deaf, or the president's 136 designee; (4) the president of the Connecticut Registry of Interpreters 137 for the Deaf, or the president's designee; (5) the Commissioner of Aging 138 and Disability Services, or the commissioner's designee; (6) the 139 executive director of the American School for the Deaf, or the executive 140 director's designee; (7) a parent of a student in a predominantly oral 141 education program; (8) a parent of a student at the American School for 142 the Deaf; (9) a person who is deaf; (10) a person who is hard of hearing; 143 (11) a person who is [deaf and blind] deafblind; (12) an interpreting 144 professional who serves deaf, [or] hard of hearing or deafblind persons; 145 (13) a healthcare professional who works with persons who are deaf, 146 [or] hard of hearing or deafblind; (14) the Governor's liaison to the 147 disability community; (15) an educator who works with children who 148 are deaf, [or] hard of hearing or deafblind; and (16) the director of the 149 Connecticut Chapter of We the Deaf People. The Commissioner of 150 Aging and Disability Services, the Governor's liaison to the disability 151 community and a member chosen by the majority of the board shall be 152 the chairpersons of the advisory board. 153 Sec. 6. Subsection (b) of section 46a-29 of the general statutes is 154 repealed and the following is substituted in lieu thereof (Effective July 1, 155 2021): 156 (b) The Commissioner of Education shall assign one vocational 157 rehabilitation consultant to act as a liaison staff member of the Advisory 158 Board for Persons Who are Deaf, [or] Hard of Hearing or Deafblind. 159 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 4-61aa(a) Sec. 4 July 1, 2021 46a-27 Substitute Bill No. 6637 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06637- R01-HB.docx } 7 of 7 Sec. 5 July 1, 2021 46a-28(a) Sec. 6 July 1, 2021 46a-29(b) HS Joint Favorable Subst.