Connecticut 2021 Regular Session

Connecticut House Bill HB06637 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6637
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6637
5		-
6		-	Public Act No. 21-72
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8	13
9	14		AN ACT CONCERNING A MENTAL HEALTH BILL O F RIGHTS FOR
10	15		DEAF, DEAFBLIND AND HARD OF HEARING PERS ONS.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. (NEW) (Effective July 1, 2021) As used in this section, section
15		-	2 of this act and sections 4-61aa, 46a-27, 46a-28 and 46a-29 of the general
16		-	statutes, as amended by this act:
17		-	(1) "Deaf person" means a person who has a hearing loss which is so
18		-	severe that the person has difficulty in processing linguistic information
19		-	through hearing, with or without amplification or other assistive
20		-	technology;
21		-	(2) "Deafblind person" means a person who has both a hearing loss
22		-	and a visual loss that present challenges in (A) processing linguistic
23		-	information through hearing and sight, and (B) functioning
24		-	independently as a sighted person without training;
25		-	(3) "Hard of hearing person" means a person who has a hearing loss,
26		-	whether permanent or fluctuating, which may be corrected by
27		-	amplification or other assistive technology or means but presents
28		-	challenges in processing linguistic information through hearing;
29		-	(4) "American Sign Language" or "ASL" means the visual language Substitute ~~House~~ Bill No. 6637
	19	+	Section 1. (NEW) (Effective July 1, 2021) As used in this section, section 1
	20	+	2 of this act and sections 4-61aa, 46a-27, 46a-28 and 46a-29 of the general 2
	21	+	statutes, as amended by this act: 3
	22	+	(1) "Deaf person" means a person who has a hearing loss which is so 4
	23	+	severe that the person has difficulty in processing linguistic information 5
	24	+	through hearing, with or without amplification or other assistive 6
	25	+	technology; 7
	26	+	(2) "Deafblind person" means a person who has both a hearing loss 8
	27	+	and a visual loss that present challenges in (A) processing linguistic 9
	28	+	information through hearing and sight, and (B) functioning 10
	29	+	independently as a sighted person without training; 11
	30	+	(3) "Hard of hearing person" means a person who has a hearing loss, 12
	31	+	whether permanent or fluctuating, which may be corrected by 13
	32	+	amplification or other assistive technology or means but presents 14
	33	+	challenges in processing linguistic information through hearing; 15
	34	+	(4) "American Sign Language" or "ASL" means the visual language 16 Substitute Bill No. 6637
30	35
31		-	Public Act No. 21-72 2 of 7
32	36
33		-	used by deaf and hard of hearing persons in the United States and
34		-	Canada, with semantic, syntactic, morphological and phonological rules
35		-	distinct from the English language;
36		-	(5) "English-based manual or sign system" means a sign system that
37		-	uses manual signs in English language word order, sometimes with
38		-	added affixes that are not present in ASL;
39		-	(6) "Oral, aural or speech-based system" means a communication
40		-	system which uses a deaf or hard of hearing person's speech or residual
41		-	hearing abilities, with or without the assistance of technology or cues;
42		-	(7) "Language, communication mode or style" means one or more of
43		-	the following: (A) ASL, (B) English-based manual or sign systems, (C) a
44		-	minimal sign language system to communicate with persons who use
45		-	home-based signs, idiosyncratic signs or a sign system or language from
46		-	another country, (D) oral, aural or speech-based systems with or
47		-	without assistive technology, and (E) tactile method ASL or protactile
48		-	ASL as used by deaf-blind persons;
49		-	(8) "Primary language, communication mode or style" means the
50		-	language, communication mode or style which is preferred by and most
51		-	effective for a particular person, or as determined by an appropriate
52		-	language assessment undertaken by persons proficient in the language,
53		-	communication mode or style being assessed;
54		-	(9) "Culturally and linguistically affirmative mental health services"
55		-	means the provision of a full continuum of mental health services to a
56		-	deaf, deafblind or hard of hearing person through an appropriately
57		-	licensed mental health professional fluent in the primary language,
58		-	communication mode or style and cultural needs of the person requiring
59		-	such services; and
60		-	(10) "Accessible mental health services" means the provision of a full
61		-	continuum of mental health services with the use of auxiliary aids and Substitute House Bill No. 6637
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63		-	Public Act No. 21-72 3 of 7
	41	+	used by deaf and hard of hearing persons in the United States and 17
	42	+	Canada, with semantic, syntactic, morphological and phonological rules 18
	43	+	distinct from the English language; 19
	44	+	(5) "English-based manual or sign system" means a sign system that 20
	45	+	uses manual signs in English language word order, sometimes with 21
	46	+	added affixes that are not present in ASL; 22
	47	+	(6) "Oral, aural or speech-based system" means a communication 23
	48	+	system which uses a deaf or hard of hearing person's speech or residual 24
	49	+	hearing abilities, with or without the assistance of technology or cues; 25
	50	+	(7) "Language, communication mode or style" means one or more of 26
	51	+	the following: (A) ASL, (B) English-based manual or sign systems, (C) a 27
	52	+	minimal sign language system to communicate with persons who use 28
	53	+	home-based signs, idiosyncratic signs or a sign system or language from 29
	54	+	another country, (D) oral, aural or speech-based systems with or 30
	55	+	without assistive technology, and (E) tactile method ASL or protactile 31
	56	+	ASL as used by deaf-blind persons; 32
	57	+	(8) "Primary language, communication mode or style" means the 33
	58	+	language, communication mode or style which is preferred by and most 34
	59	+	effective for a particular person, or as determined by an appropriate 35
	60	+	language assessment undertaken by persons proficient in the language, 36
	61	+	communication mode or style being assessed; 37
	62	+	(9) "Culturally and linguistically affirmative mental health services" 38
	63	+	means the provision of a full continuum of mental health services to a 39
	64	+	deaf, deafblind or hard of hearing person through an appropriately 40
	65	+	licensed mental health professional fluent in the primary language, 41
	66	+	communication mode or style and cultural needs of the person requiring 42
	67	+	such services; and 43
	68	+	(10) "Accessible mental health services" means the provision of a full 44
	69	+	continuum of mental health services with the use of auxiliary aids and 45
	70	+	services necessary for a deaf, deafblind or hard of hearing person to 46
	71	+	communicate with appropriately qualified mental health professionals 47 Substitute Bill No. 6637
64	72
65		-	services necessary for a deaf, deafblind or hard of hearing person to
66		-	communicate with appropriately qualified mental health professionals
67		-	who are not fluent in the primary language, communication mode or
68		-	style of the person requiring such services, including, but not limited to,
69		-	qualified interpreters utilizing the language or communication mode
70		-	used by such person, written communications or assistive listening
71		-	devices.
72		-	Sec. 2. (NEW) (Effective July 1, 2021) (a) There is established a bill of
73		-	rights for deaf, deafblind and hard of hearing persons in need of mental
74		-	health services. The rights afforded such persons, pursuant to
75		-	subsection (b) of this section, shall be available to such persons only to
76		-	the extent that such rights are implemented in accordance with other
77		-	provisions of the general statutes, federal law, the Constitution of the
78		-	state and the Constitution of the United States.
79		-	(b) A deaf, deafblind or hard of hearing person has a right to:
80		-	(1) Culturally and linguistically affirmative mental health services
81		-	that accommodate the unique needs of such person;
82		-	(2) Accessible mental health services delivered in such person's
83		-	primary language, communication mode or style;
84		-	(3) Specialized mental health services when necessary that provide
85		-	appropriate and fully accessible counseling and therapeutic options
86		-	using an appropriate oral, aural or speech-based system tailored to the
87		-	unique needs of such person;
88		-	(4) Express his or her opinion in determining the extent, content and
89		-	purpose of mental health treatment or services that accommodate the
90		-	unique needs of such person;
91		-	(5) Programs offering access to a full continuum of services,
92		-	including, but not limited to, all modes of therapy and evaluations; Substitute House Bill No. 6637
93	73
94		-	Public Act No. 21-72 4 of 7
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96		-	(6) Programs informed by appropriate research, curricula, staff and
97		-	outreach; and
98		-	(7) Express his or her views concerning the development and
99		-	implementation of state and regional programs for the mental health
100		-	service needs of such person.
101		-	Sec. 3. Subsection (a) of section 4-61aa of the general statutes is
102		-	repealed and the following is substituted in lieu thereof (Effective July 1,
103		-	2021):
104		-	(a) For purposes of this section, "state Americans with Disabilities Act
105		-	coordinator" means the person appointed by the Governor to coordinate
106		-	state compliance with the federal Americans with Disabilities Act of
107		-	1990. There is established a committee to advise the state Americans
108		-	with Disabilities Act coordinator. The state Americans with Disabilities
109		-	Act coordinator shall appoint the members of the committee, which
110		-	shall be chaired by said coordinator, or his designee, and include at least
111		-	one representative of each of the following:
112		-	(1) The Board of Education and Services to the Blind;
113		-	(2) The Advisory Board for Persons Who are Deaf, [or] Hard of
114		-	Hearing or Deafblind;
115		-	(3) The Department of Aging and Disability Services;
116		-	(4) The Department of Mental Health and Addiction Services;
117		-	(5) The Department of Developmental Services;
118		-	(6) The Labor Department;
119		-	(7) The Department of Administrative Services; and
120		-	(8) The Commission on Human Rights and Opportunities. Substitute House Bill No. 6637
	78	+	who are not fluent in the primary language, communication mode or 48
	79	+	style of the person requiring such services, including, but not limited to, 49
	80	+	qualified interpreters utilizing the language or communication mode 50
	81	+	used by such person, written communications or assistive listening 51
	82	+	devices. 52
	83	+	Sec. 2. (NEW) (Effective July 1, 2021) (a) There is established a bill of 53
	84	+	rights for deaf, deafblind and hard of hearing persons in need of mental 54
	85	+	health services. The rights afforded such persons, pursuant to 55
	86	+	subsection (b) of this section, shall be available to such persons only to 56
	87	+	the extent that such rights are implemented in accordance with other 57
	88	+	provisions of the general statutes, state policies, procedures and 58
	89	+	regulations, federal law, the Constitution of the state and the 59
	90	+	Constitution of the United States. 60
	91	+	(b) A deaf, deafblind or hard of hearing person has a right to: 61
	92	+	(1) Culturally and linguistically affirmative mental health services 62
	93	+	that accommodate the unique needs of such person; 63
	94	+	(2) Accessible mental health services delivered in such person's 64
	95	+	primary language, communication mode or style; 65
	96	+	(3) Specialized mental health services when necessary that provide 66
	97	+	appropriate and fully accessible counseling and therapeutic options 67
	98	+	using an appropriate oral, aural or speech-based system tailored to the 68
	99	+	unique needs of such person; 69
	100	+	(4) Express his or her opinion in determining the extent, content and 70
	101	+	purpose of mental health treatment or services that accommodate the 71
	102	+	unique needs of such person; 72
	103	+	(5) Programs offering access to a full continuum of services, 73
	104	+	including, but not limited to, all modes of therapy and evaluations; 74
	105	+	(6) Programs informed by appropriate research, curricula, staff and 75
	106	+	outreach; and 76 Substitute Bill No. 6637
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122		-	Public Act No. 21-72 5 of 7
123	108
124		-	Sec. 4. Section 46a-27 of the general statutes is repealed and the
125		-	following is substituted in lieu thereof (Effective July 1, 2021):
126		-	The Advisory Board for Persons Who are Deaf, [or] Hard of Hearing
127		-	or Deafblind is hereby created to advocate, strengthen and advise the
128		-	Governor and the General Assembly concerning state policies affecting
129		-	persons who are deaf, [or] hard of hearing or deafblind and their
130		-	relationship to the public, industry, health care and educational
131		-	opportunity. The board shall:
132		-	(1) Monitor services for persons who are deaf, [or] hard of hearing or
133		-	deafblind;
134		-	(2) Periodically meet with the Commissioners of Public Health, Social
135		-	Services, Mental Health and Addiction Services, Education,
136		-	Developmental Services, and Children and Families and the Labor
137		-	Commissioner, or the commissioners' designees, to discuss best
138		-	practices and gaps in services for persons who are deaf, [or] hard of
139		-	hearing or deafblind;
140		-	(3) Refer persons with complaints concerning the qualification and
141		-	registration of interpreters for persons who are deaf, [or] hard of hearing
142		-	or deafblind to the entity designated pursuant to section 46a-10b;
143		-	(4) Make recommendations for (A) technical assistance and resources
144		-	for state agencies in order to serve persons who are deaf, [or] hard of
145		-	hearing or deafblind; (B) public policy and legislative changes needed
146		-	to address gaps in services; and (C) the qualifications and registration of
147		-	interpreters pursuant to section 46a-33a. The board shall submit such
148		-	recommendations, in accordance with section 11-4a, to the Governor
149		-	and the joint standing committee of the General Assembly having
150		-	cognizance of matters relating to human services.
151		-	Sec. 5. Subsection (a) of section 46a-28 of the general statutes is
152		-	repealed and the following is substituted in lieu thereof (Effective July 1, Substitute House Bill No. 6637
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154		-	Public Act No. 21-72 6 of 7
	113	+	(7) Express his or her views concerning the development and 77
	114	+	implementation of state and regional programs for the mental health 78
	115	+	service needs of such person. 79
	116	+	Sec. 3. Subsection (a) of section 4-61aa of the general statutes is 80
	117	+	repealed and the following is substituted in lieu thereof (Effective July 1, 81
	118	+	2021): 82
	119	+	(a) For purposes of this section, "state Americans with Disabilities Act 83
	120	+	coordinator" means the person appointed by the Governor to coordinate 84
	121	+	state compliance with the federal Americans with Disabilities Act of 85
	122	+	1990. There is established a committee to advise the state Americans 86
	123	+	with Disabilities Act coordinator. The state Americans with Disabilities 87
	124	+	Act coordinator shall appoint the members of the committee, which 88
	125	+	shall be chaired by said coordinator, or his designee, and include at least 89
	126	+	one representative of each of the following: 90
	127	+	(1) The Board of Education and Services to the Blind; 91
	128	+	(2) The Advisory Board for Persons Who are Deaf, [or] Hard of 92
	129	+	Hearing or Deafblind; 93
	130	+	(3) The Department of Aging and Disability Services; 94
	131	+	(4) The Department of Mental Health and Addiction Services; 95
	132	+	(5) The Department of Developmental Services; 96
	133	+	(6) The Labor Department; 97
	134	+	(7) The Department of Administrative Services; and 98
	135	+	(8) The Commission on Human Rights and Opportunities. 99
	136	+	Sec. 4. Section 46a-27 of the general statutes is repealed and the 100
	137	+	following is substituted in lieu thereof (Effective July 1, 2021): 101
	138	+	The Advisory Board for Persons Who are Deaf, [or] Hard of Hearing 102 Substitute Bill No. 6637
155	139
156		-	2021):
157		-	(a) The Advisory Board for Persons Who are Deaf, [or] Hard of
158		-	Hearing or Deafblind shall consist of the following [sixteen members
159		-	appointed by the Governor] members: (1) The consultant appointed by
160		-	the State Board of Education in accordance with section 10-316a, or the
161		-	consultant's designee; (2) the president of the Connecticut Council of
162		-	Organizations Serving the Deaf, or the president's designee; (3) the
163		-	president of the Connecticut Association of the Deaf, or the president's
164		-	designee; (4) the president of the Connecticut Registry of Interpreters
165		-	for the Deaf, or the president's designee; (5) the Commissioner of Aging
166		-	and Disability Services, or the commissioner's designee; (6) the
167		-	executive director of the American School for the Deaf, or the executive
168		-	director's designee; (7) [a parent of a student in a predominantly oral
169		-	education program] the Governor's liaison to the disability community;
170		-	(8) [a parent of a student at the American School for the Deaf; (9) a] the
171		-	director of the Connecticut Chapter of We the Deaf People; and (9) eight
172		-	members appointed by the Governor as follows: (A) A person who is
173		-	deaf; [(10)] (B) a person who is hard of hearing; [(11)] (C) a person who
174		-	is [deaf and blind] deafblind; [(12)] (D) an interpreting professional who
175		-	serves deaf, [or] hard of hearing or deafblind persons; [(13)] (E) a
176		-	healthcare professional who works with persons who are deaf, [or] hard
177		-	of hearing or deafblind; [(14) the Governor's liaison to the disability
178		-	community; (15)] (F) a parent of a student in a predominantly oral
179		-	education program; (G) an educator who works with children who are
180		-	deaf, [or] hard of hearing or deafblind; and [(16) the director of the
181		-	Connecticut Chapter of We the Deaf People] (H) a parent of a student at
182		-	the American School for the Deaf. The Commissioner of Aging and
183		-	Disability Services, the Governor's liaison to the disability community
184		-	and a member chosen by the majority of the board shall be the
185		-	chairpersons of the advisory board.
186		-	Sec. 6. Subsection (b) of section 46a-29 of the general statutes is Substitute House Bill No. 6637
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190		-	repealed and the following is substituted in lieu thereof (Effective July 1,
191		-	2021):
192		-	(b) The Commissioner of Education shall assign one vocational
193		-	rehabilitation consultant to act as a liaison staff member of the Advisory
194		-	Board for Persons Who are Deaf, [or] Hard of Hearing or Deafblind.
	145	+	or Deafblind is hereby created to advocate, strengthen and advise the 103
	146	+	Governor and the General Assembly concerning state policies affecting 104
	147	+	persons who are deaf, [or] hard of hearing or deafblind and their 105
	148	+	relationship to the public, industry, health care and educational 106
	149	+	opportunity. The board shall: 107
	150	+	(1) Monitor services for persons who are deaf, [or] hard of hearing or 108
	151	+	deafblind; 109
	152	+	(2) Periodically meet with the Commissioners of Public Health, Social 110
	153	+	Services, Mental Health and Addiction Services, Education, 111
	154	+	Developmental Services, and Children and Families and the Labor 112
	155	+	Commissioner, or the commissioners' designees, to discuss best 113
	156	+	practices and gaps in services for persons who are deaf, [or] hard of 114
	157	+	hearing or deafblind; 115
	158	+	(3) Refer persons with complaints concerning the qualification and 116
	159	+	registration of interpreters for persons who are deaf, [or] hard of hearing 117
	160	+	or deafblind to the entity designated pursuant to section 46a-10b; 118
	161	+	(4) Make recommendations for (A) technical assistance and resources 119
	162	+	for state agencies in order to serve persons who are deaf, [or] hard of 120
	163	+	hearing or deafblind; (B) public policy and legislative changes needed 121
	164	+	to address gaps in services; and (C) the qualifications and registration of 122
	165	+	interpreters pursuant to section 46a-33a. The board shall submit such 123
	166	+	recommendations, in accordance with section 11-4a, to the Governor 124
	167	+	and the joint standing committee of the General Assembly having 125
	168	+	cognizance of matters relating to human services. 126
	169	+	Sec. 5. Subsection (a) of section 46a-28 of the general statutes is 127
	170	+	repealed and the following is substituted in lieu thereof (Effective July 1, 128
	171	+	2021): 129
	172	+	(a) The Advisory Board for Persons Who are Deaf, [or] Hard of 130
	173	+	Hearing or Deafblind shall consist of the following sixteen members 131
	174	+	appointed by the Governor: (1) The consultant appointed by the State 132
	175	+	Board of Education in accordance with section 10-316a, or the 133 Substitute Bill No. 6637
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	181	+
	182	+	consultant's designee; (2) the president of the Connecticut Council of 134
	183	+	Organizations Serving the Deaf, or the president's designee; (3) the 135
	184	+	president of the Connecticut Association of the Deaf, or the president's 136
	185	+	designee; (4) the president of the Connecticut Registry of Interpreters 137
	186	+	for the Deaf, or the president's designee; (5) the Commissioner of Aging 138
	187	+	and Disability Services, or the commissioner's designee; (6) the 139
	188	+	executive director of the American School for the Deaf, or the executive 140
	189	+	director's designee; (7) a parent of a student in a predominantly oral 141
	190	+	education program; (8) a parent of a student at the American School for 142
	191	+	the Deaf; (9) a person who is deaf; (10) a person who is hard of hearing; 143
	192	+	(11) a person who is [deaf and blind] deafblind; (12) an interpreting 144
	193	+	professional who serves deaf, [or] hard of hearing or deafblind persons; 145
	194	+	(13) a healthcare professional who works with persons who are deaf, 146
	195	+	[or] hard of hearing or deafblind; (14) the Governor's liaison to the 147
	196	+	disability community; (15) an educator who works with children who 148
	197	+	are deaf, [or] hard of hearing or deafblind; and (16) the director of the 149
	198	+	Connecticut Chapter of We the Deaf People. The Commissioner of 150
	199	+	Aging and Disability Services, the Governor's liaison to the disability 151
	200	+	community and a member chosen by the majority of the board shall be 152
	201	+	the chairpersons of the advisory board. 153
	202	+	Sec. 6. Subsection (b) of section 46a-29 of the general statutes is 154
	203	+	repealed and the following is substituted in lieu thereof (Effective July 1, 155
	204	+	2021): 156
	205	+	(b) The Commissioner of Education shall assign one vocational 157
	206	+	rehabilitation consultant to act as a liaison staff member of the Advisory 158
	207	+	Board for Persons Who are Deaf, [or] Hard of Hearing or Deafblind. 159
	208	+	This act shall take effect as follows and shall amend the following
	209	+	sections:
	210	+
	211	+	Section 1 July 1, 2021 New section
	212	+	Sec. 2 July 1, 2021 New section
	213	+	Sec. 3 July 1, 2021 4-61aa(a)
	214	+	Sec. 4 July 1, 2021 46a-27 Substitute Bill No. 6637
	215	+
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	220	+
	221	+	Sec. 5 July 1, 2021 46a-28(a)
	222	+	Sec. 6 July 1, 2021 46a-29(b)
	223	+
	224	+	HS Joint Favorable Subst.
195	225