Substitute House Bill No. 6637
Public Act No. 21-72
AN ACT CONCERNING A MENTAL HEALTH BILL OF RIGHTS FOR
DEAF, DEAFBLIND 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) As used in this section, section
2 of this act and sections 4-61aa, 46a-27, 46a-28 and 46a-29 of the general
statutes, as amended by this act:
(1) "Deaf person" means a person who has a hearing loss which is so
severe that the person has difficulty in processing linguistic information
through hearing, with or without amplification or other assistive
technology;
(2) "Deafblind person" means a person who has both a hearing loss
and a visual loss that present challenges in (A) processing linguistic
information through hearing and sight, and (B) functioning
independently as a sighted person without training;
(3) "Hard of hearing person" means a person who has a hearing loss,
whether permanent or fluctuating, which may be corrected by
amplification or other assistive technology or means but presents
challenges in processing linguistic information through hearing;
(4) "American Sign Language" or "ASL" means the visual language Substitute House Bill No. 6637
Public Act No. 21-72 2 of 7
used by deaf and hard of hearing persons in the United States and
Canada, with semantic, syntactic, morphological and phonological rules
distinct from the English language;
(5) "English-based manual or sign system" means a sign system that
uses manual signs in English language word order, sometimes with
added affixes that are not present in ASL;
(6) "Oral, aural or speech-based system" means a communication
system which uses a deaf or hard of hearing person's speech or residual
hearing abilities, with or without the assistance of technology or cues;
(7) "Language, communication mode or style" means one or more of
the following: (A) ASL, (B) English-based manual or sign systems, (C) a
minimal sign language system to communicate with persons who use
home-based signs, idiosyncratic signs or a sign system or language from
another country, (D) oral, aural or speech-based systems with or
without assistive technology, and (E) tactile method ASL or protactile
ASL as used by deaf-blind persons;
(8) "Primary language, communication mode or style" means the
language, communication mode or style which is preferred by and most
effective for a particular person, or as determined by an appropriate
language assessment undertaken by persons proficient in the language,
communication mode or style being assessed;
(9) "Culturally and linguistically affirmative mental health services"
means the provision of a full continuum of mental health services to a
deaf, deafblind or hard of hearing person through an appropriately
licensed mental health professional fluent in the primary language,
communication mode or style and cultural needs of the person requiring
such services; and
(10) "Accessible mental health services" means the provision of a full
continuum of mental health services with the use of auxiliary aids and Substitute House Bill No. 6637
Public Act No. 21-72 3 of 7
services necessary for a deaf, deafblind or hard of hearing person to
communicate with appropriately qualified mental health professionals
who are not fluent in the primary language, communication mode or
style of the person requiring such services, including, but not limited to,
qualified interpreters utilizing the language or communication mode
used by such person, written communications or assistive listening
devices.
Sec. 2. (NEW) (Effective July 1, 2021) (a) There is established a bill of
rights for deaf, deafblind and hard of hearing persons in need of mental
health services. The rights afforded such persons, pursuant to
subsection (b) of this section, shall be available to such persons only to
the extent that such rights are implemented in accordance with other
provisions of the general statutes, federal law, the Constitution of the
state and the Constitution of the United States.
(b) A deaf, deafblind or hard of hearing person has a right to:
(1) Culturally and linguistically affirmative mental health services
that accommodate the unique needs of such person;
(2) Accessible mental health services delivered in such person's
primary language, communication mode or style;
(3) Specialized mental health services when necessary that provide
appropriate and fully accessible counseling and therapeutic options
using an appropriate oral, aural or speech-based system tailored to the
unique needs of such person;
(4) Express his or her opinion in determining the extent, content and
purpose of mental health treatment or services that accommodate the
unique needs of such person;
(5) Programs offering access to a full continuum of services,
including, but not limited to, all modes of therapy and evaluations; Substitute House Bill No. 6637
Public Act No. 21-72 4 of 7
(6) Programs informed by appropriate research, curricula, staff and
outreach; and
(7) Express his or her views concerning the development and
implementation of state and regional programs for the mental health
service needs of such person.
Sec. 3. Subsection (a) of section 4-61aa of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) For purposes of this section, "state Americans with Disabilities Act
coordinator" means the person appointed by the Governor to coordinate
state compliance with the federal Americans with Disabilities Act of
1990. There is established a committee to advise the state Americans
with Disabilities Act coordinator. The state Americans with Disabilities
Act coordinator shall appoint the members of the committee, which
shall be chaired by said coordinator, or his designee, and include at least
one representative of each of the following:
(1) The Board of Education and Services to the Blind;
(2) The Advisory Board for Persons Who are Deaf, [or] Hard of
Hearing or Deafblind;
(3) The Department of Aging and Disability Services;
(4) The Department of Mental Health and Addiction Services;
(5) The Department of Developmental Services;
(6) The Labor Department;
(7) The Department of Administrative Services; and
(8) The Commission on Human Rights and Opportunities. Substitute House Bill No. 6637
Public Act No. 21-72 5 of 7
Sec. 4. Section 46a-27 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
The Advisory Board for Persons Who are Deaf, [or] Hard of Hearing
or Deafblind is hereby created to advocate, strengthen and advise the
Governor and the General Assembly concerning state policies affecting
persons who are deaf, [or] hard of hearing or deafblind and their
relationship to the public, industry, health care and educational
opportunity. The board shall:
(1) Monitor services for persons who are deaf, [or] hard of hearing or
deafblind;
(2) Periodically meet with the Commissioners of Public Health, Social
Services, Mental Health and Addiction Services, Education,
Developmental Services, and Children and Families and the Labor
Commissioner, or the commissioners' designees, to discuss best
practices and gaps in services for persons who are deaf, [or] hard of
hearing or deafblind;
(3) Refer persons with complaints concerning the qualification and
registration of interpreters for persons who are deaf, [or] hard of hearing
or deafblind to the entity designated pursuant to section 46a-10b;
(4) Make recommendations for (A) technical assistance and resources
for state agencies in order to serve persons who are deaf, [or] hard of
hearing or deafblind; (B) public policy and legislative changes needed
to address gaps in services; and (C) the qualifications and registration of
interpreters pursuant to section 46a-33a. The board shall submit such
recommendations, in accordance with section 11-4a, to the Governor
and the joint standing committee of the General Assembly having
cognizance of matters relating to human services.
Sec. 5. Subsection (a) of section 46a-28 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1, Substitute House Bill No. 6637
Public Act No. 21-72 6 of 7
2021):
(a) The Advisory Board for Persons Who are Deaf, [or] Hard of
Hearing or Deafblind shall consist of the following [sixteen members
appointed by the Governor] members: (1) The consultant appointed by
the State Board of Education in accordance with section 10-316a, or the
consultant's designee; (2) the president of the Connecticut Council of
Organizations Serving the Deaf, or the president's designee; (3) the
president of the Connecticut Association of the Deaf, or the president's
designee; (4) the president of the Connecticut Registry of Interpreters
for the Deaf, or the president's designee; (5) the Commissioner of Aging
and Disability Services, or the commissioner's designee; (6) the
executive director of the American School for the Deaf, or the executive
director's designee; (7) [a parent of a student in a predominantly oral
education program] the Governor's liaison to the disability community;
(8) [a parent of a student at the American School for the Deaf; (9) a] the
director of the Connecticut Chapter of We the Deaf People; and (9) eight
members appointed by the Governor as follows: (A) A person who is
deaf; [(10)] (B) a person who is hard of hearing; [(11)] (C) a person who
is [deaf and blind] deafblind; [(12)] (D) an interpreting professional who
serves deaf, [or] hard of hearing or deafblind persons; [(13)] (E) a
healthcare professional who works with persons who are deaf, [or] hard
of hearing or deafblind; [(14) the Governor's liaison to the disability
community; (15)] (F) a parent of a student in a predominantly oral
education program; (G) an educator who works with children who are
deaf, [or] hard of hearing or deafblind; and [(16) the director of the
Connecticut Chapter of We the Deaf People] (H) a parent of a student at
the American School for the Deaf. The Commissioner of Aging and
Disability Services, the Governor's liaison to the disability community
and a member chosen by the majority of the board shall be the
chairpersons of the advisory board.
Sec. 6. Subsection (b) of section 46a-29 of the general statutes is Substitute House Bill No. 6637
Public Act No. 21-72 7 of 7
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) The Commissioner of Education shall assign one vocational
rehabilitation consultant to act as a liaison staff member of the Advisory
Board for Persons Who are Deaf, [or] Hard of Hearing or Deafblind.