LCO 3027 \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419-R01- HB.docx 1 of 27 General Assembly Raised Bill No. 5419 February Session, 2022 LCO No. 3027 Referred to Committee on PUBLIC HEALTH Introduced by: (PH) AN ACT CONCERNING THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES' RECOMMENDATIONS REGARDING REGIONAL BEHAVIORAL HEALTH ACTION ORGANIZATIONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective from passage) (a) There are established 1 within the Department of Mental Health and Addiction Services five 2 regional behavioral health action organizations, one for each mental 3 health region in the state, designated pursuant to section 17a-478 of the 4 general statutes, as amended by this act. Each regional behavioral health 5 action organization shall serve as a strategic community partner 6 responsible for behavioral health planning, behavioral health education, 7 coordination of prevention of behavioral health issues, promotion of 8 behavioral health and advocacy for behavioral health needs and 9 services within its mental health region. 10 (b) The duties of each regional behavioral health action organization, 11 within its mental health region, shall include, but need not be limited to: 12 (1) Assessing the behavioral health needs of children, adolescents and 13 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 2 of 27 adults across the region and engaging with stakeholders to identify 14 needs, problems, barriers and gaps in the behavioral health service 15 continuum, (2) enhancing the capacity of local communities to 16 understand and address problem gambling, (3) raising awareness and 17 advocating for the general public for mental health promotion and 18 substance abuse prevention, treatment and recovery, (4) receiving and 19 expanding federal, state and local funds and leveraging funds to 20 support behavioral health promotion, prevention, treatment and 21 recovery activities, (5) serving on local, regional and state advisory and 22 planning bodies, (6) within available appropriations, providing training 23 in the administration of an opioid antagonist, as defined in section 17a-24 714a of the general statutes, and distributing supplies of opioid 25 antagonists to communities, (7) reporting community needs, program 26 review findings and conclusions annually to the relevant local, regional 27 and state stakeholders with recommendations for the establishment, 28 modification or expansion of behavioral health services within the 29 mental health region, and (8) serving as the regional partner responsible 30 for coordinating and aligning federal, state, regional and local 31 behavioral health initiatives. 32 (c) To carry out the duties described in subsection (b) of this section, 33 each regional behavioral health action organization shall solicit advice 34 and input from community members, including, but not limited to, 35 elected officials, parents, youth, faith-based organizations, law 36 enforcement professionals or organizations, health care professionals, 37 persons with lived experience of behavioral health issues, family 38 members with lived experience of behavioral health issues, behavioral 39 health treatment providers, businesses, youth-serving organizations, 40 civic or fraternal groups, educational organizations, media 41 organizations and other interested persons or organizations. 42 Sec. 2. Section 4-28g of the general statutes is repealed and the 43 following is substituted in lieu thereof (Effective from passage): 44 Any governmental entity or Section 501(c)(3) of the Internal Revenue 45 Code of 1986, or any subsequent corresponding internal revenue code 46 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 3 of 27 of the United States, as from time to time amended or Section 501(c)(4) 47 of said Internal Revenue Code organization, including, but not limited 48 to, local health districts and [regional action councils] regional 49 behavioral health action organizations, which receives state dollars for 50 tobacco education or reduction or prevention of tobacco use, shall 51 submit a plan to the Department of Public Health identifying the target 52 population, the methods for choosing the target population, and the 53 evaluation component for the effectiveness of the program. Such plan 54 shall be approved by the Department of Health prior to the release of 55 funds. 56 Sec. 3. Subsection (j) of section 17a-451 of the general statutes is 57 repealed and the following is substituted in lieu thereof (Effective from 58 passage): 59 (j) The commissioner shall be responsible for developing and 60 implementing the Connecticut comprehensive plan for prevention, 61 treatment and reduction of alcohol and drug abuse problems to be 62 known as the state substance abuse plan. Such plan shall include a 63 mission statement, a vision statement and goals for providing treatment 64 and recovery support services to adults with substance use disorders. 65 The plan shall be developed by July 1, 2010, and thereafter shall be 66 triennially updated by July first of the respective year. The 67 commissioner shall develop such plan, mission statement, a vision 68 statement and goals after consultation with: (1) The Connecticut Alcohol 69 and Drug Policy Council established pursuant to section 17a-667; (2) the 70 Criminal Justice Policy Advisory Commission established pursuant to 71 section 18-87j; (3) the [subregional planning and action councils 72 established pursuant to section 17a-671] regional behavioral health 73 action organizations established pursuant to section 1 of this act; (4) 74 clients and their families, including those involved with the criminal 75 justice system; (5) treatment providers; and (6) other interested 76 stakeholders. The plan shall outline the action steps, time frames and 77 resources needed to meet specified goals and shall, at a minimum, 78 address: (A) Access to services, both prior to and following admission 79 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 4 of 27 to treatment; (B) the provision of comprehensive assessments to those 80 requesting treatment, including individuals with co-occurring 81 conditions; (C) quality of treatment services and promotion of research-82 based and evidence-based best practices and models; (D) an appropriate 83 array of prevention, treatment and recovery services along with a 84 sustained continuum of care; (E) outcome measures of specific 85 treatment and recovery services in the overall system of care; (F) 86 information regarding the status of treatment program availability for 87 pregnant women, including statistical and demographic data 88 concerning pregnant women and women with children in treatment 89 and on waiting lists for treatment; (G) department policies and 90 guidelines concerning recovery-oriented care; (H) provisions of the 91 community reentry strategy concerning substance abuse treatment and 92 recovery services needed by the offender population as developed by 93 the Criminal Justice Policy and Planning Division within the Office of 94 Policy and Management; (I) an evaluation of the Connecticut Alcohol 95 and Drug Policy Council's plan described in section 17a-667 and any 96 recommendations for changes to such plan; and (J) a summary of data 97 maintained in the central repository, described in subsection (o) of this 98 section. The plan shall define measures and set benchmarks for the 99 overall treatment system and for each state-operated program. 100 Measures and benchmarks specified in the plan shall include, but not be 101 limited to, the time required to receive substance abuse assessments and 102 treatment services either from state agencies directly or through the 103 private provider network funded by state agencies, the percentage of 104 clients who should receive a treatment episode of ninety days or greater, 105 treatment provision rates with respect to those requesting treatment, 106 connection to the appropriate level of care rates, treatment completion 107 rates and treatment success rates as measured by improved client 108 outcomes in the areas of substance use, employment, housing and 109 involvement with the criminal justice system. 110 Sec. 4. Section 17a-456 of the general statutes is repealed and the 111 following is substituted in lieu thereof (Effective from passage): 112 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 5 of 27 There shall be a Board of Mental Health and Addiction Services that 113 shall consist of: (1) Nineteen members appointed by the Governor, 114 subject to the provisions of section 4-9a, five of whom shall have had 115 experience in the field of substance abuse, five of whom shall be from 116 the mental health community, three of whom shall be physicians 117 licensed to practice medicine in this state who have had experience in 118 the field of psychiatry, two of whom shall be psychologists licensed to 119 practice in this state, two of whom shall be persons representing families 120 of individuals with psychiatric disabilities, and two of whom shall be 121 persons representing families of individuals recovering from substance 122 use disorders; and (2) [the chairmen of the regional mental health boards 123 established pursuant to section 17a-484; (3) one designee of each such 124 board; (4) two designees from each of the five subregions represented 125 by the substance abuse subregional planning and action councils 126 established pursuant to section 17a-671; (5) one designee from each 127 mental health region established pursuant to section 17a-478, each of 128 whom shall represent individuals with psychiatric disabilities, selected 129 by such regional mental health boards in collaboration with advocacy 130 groups; and (6) one designee from each of the five subregions 131 represented by such substance abuse subregional planning and action 132 councils, each of whom shall represent individuals recovering from 133 substance use disorders, selected by such substance abuse subregional 134 planning and action councils in collaboration with advocacy groups.] 135 two designees, one of whom shall have experience in treating or 136 providing services for individuals with psychiatric disabilities and one 137 of whom shall have experience in treating or providing services for 138 persons recovering from substance use disorders from each of the 139 regional behavioral health action organizations established pursuant to 140 section 1 of this act. The members of the board shall serve without 141 compensation except for necessary expenses incurred in performing 142 their duties. The members of the board may include representatives of 143 nongovernment organizations or groups, and of state agencies, 144 concerned with planning, operation or utilization of facilities providing 145 mental health and substance abuse services, including consumers and 146 providers of such services who are familiar with the need for such 147 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 6 of 27 services, except that no more than half of the members of the board shall 148 be providers of such services. Appointed members shall serve on the 149 board for terms of four years each and members who are designees shall 150 serve on the board at the pleasure of the designating authority. No 151 appointed member of the board shall be employed by the state or be a 152 member of the staff of any institution for which such member's 153 compensation is paid wholly by the state. A majority of the board shall 154 constitute a quorum. 155 Sec. 5. Section 17a-470 of the general statutes is repealed and the 156 following is substituted in lieu thereof (Effective from passage): 157 Each state hospital, state-operated facility or the Whiting Forensic 158 Hospital for the treatment of persons with psychiatric disabilities or 159 persons with substance use disorders, or both, except the Connecticut 160 Mental Health Center, may have an advisory board appointed by the 161 superintendent or director of the facility for terms to be decided by such 162 superintendent or director. In any case where the present number of 163 members of an advisory board is less than the number of members 164 designated by the superintendent or director of the facility, he shall 165 appoint additional members to such board in accordance with this 166 section in such manner that the terms of an approximately equal 167 number of members shall expire in each odd-numbered year. The 168 superintendent or director shall fill any vacancy that may occur for the 169 unexpired portion of any term. No member may serve more than two 170 successive terms plus the balance of any unexpired term to which he 171 had been appointed. The superintendent or director of the facility shall 172 be an ex-officio member of the advisory board. Each member of an 173 advisory board of a state-operated facility within the Department of 174 Mental Health and Addiction Services assigned a geographical territory 175 shall be a resident of the assigned geographical territory. Members of 176 said advisory boards shall receive no compensation for their services 177 but shall be reimbursed for necessary expenses involved in the 178 performance of their duties. At least one-third of such members shall be 179 from [a substance abuse subregional planning and action council 180 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 7 of 27 established pursuant to section 17a-671,] regional behavioral health 181 action organizations, established pursuant to section 1 of this act and at 182 least one-third shall be members of the catchment area councils, as 183 provided in section 17a-483, as amended by this act, for the catchment 184 areas served by such facility, except that members serving as of October 185 1, 1977, shall serve out their terms. 186 Sec. 6. Section 17a-476 of the general statutes is repealed and the 187 following is substituted in lieu thereof (Effective from passage): 188 (a) Any general hospital, municipality or nonprofit organization in 189 Connecticut may apply to the Department of Mental Health and 190 Addiction Services for funds to establish, expand or maintain 191 psychiatric or mental health services. The application for funds shall be 192 submitted on forms provided by the Department of Mental Health and 193 Addiction Services, and shall be accompanied by (1) a definition of the 194 towns and areas to be served; (2) a plan by means of which the applicant 195 proposes to coordinate its activities with those of other local agencies 196 presently supplying mental health services or contributing in any way 197 to the mental health of the area; (3) a description of the services to be 198 provided, and the methods through which these services will be 199 provided; and (4) indication of the methods that will be employed to 200 effect a balance in the use of state and local resources so as to foster local 201 initiative, responsibility and participation. In accordance with 202 subdivision (4) of section 17a-480, as amended by this act, [and 203 subdivisions (1) and (2) of subsection (a) of section 17a-484, the regional 204 mental health board] the regional behavioral action organization 205 serving the mental health region in which the applicant is located shall 206 review each such application with the Department of Mental Health and 207 Addiction Services and make recommendations to the department with 208 respect to each such application. 209 (b) Upon receipt of the application with the recommendations of the 210 [regional mental health board] regional behavioral action organization 211 and approval by the Department of Mental Health and Addiction 212 Services, the department shall grant such funds by way of a contract or 213 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 8 of 27 grant-in-aid within the appropriation for any annual fiscal year. No 214 funds authorized by this section shall be used for the construction or 215 renovation of buildings. 216 (c) The Commissioner of Mental Health and Addiction Services may 217 adopt regulations, in accordance with the provisions of chapter 54, 218 concerning minimum standards for eligibility to receive said state 219 contracted funds and any grants-in-aid. Any such funds or grants-in-aid 220 made by the Department of Mental Health and Addiction Services for 221 psychiatric or mental health services shall be made directly to the 222 agency submitting the application and providing such service or 223 services. 224 Sec. 7. Section 17a-480 of the general statutes is repealed and the 225 following is substituted in lieu thereof (Effective from passage): 226 The Department of Mental Health and Addiction Services, in 227 consultation with [regional mental health boards as established by 228 subsection (c) of section 17a-483] regional behavioral action 229 organizations, established pursuant to section 1 of this act, (1) may 230 purchase services from other public agencies and from municipal and 231 private agencies, (2) shall supervise, plan and coordinate mental health 232 services with the goal of improving and expanding existing services and 233 providing new ones, (3) shall develop joint programs in conformity with 234 Department of Mental Health and Addiction Services standards, (4) 235 shall make recommendations concerning all requests for grants and all 236 contract proposals emanating from the regions, (5) shall evaluate mental 237 health service delivery and monitor such services to insure that they are 238 in conformity with the plans and policies of the Department of Mental 239 Health and Addiction Services, and (6) shall report annually to the 240 Board of Mental Health and Addiction Services on the status of 241 programs and needs of the regions. 242 Sec. 8. Section 17a-482 of the general statutes is repealed and the 243 following is substituted in lieu thereof (Effective from passage): 244 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 9 of 27 As used in subsection (a) of section 17a-476, as amended by this act, 245 sections 17a-478 to 17a-480, inclusive, as amended by this act, and 246 sections 17a-482, as amended by this act, and [to 17a-484, inclusive] 17a-247 483, as amended by this act, unless the context otherwise requires: 248 "Catchment area" means any geographical area within the state 249 established as such by the Commissioner of Mental Health and 250 Addiction Services, the boundaries of which may be redesignated by 251 said commissioner when deemed necessary to equalize the population 252 of each area and in such manner as is consistent with the boundaries of 253 the municipalities therein, provided such boundaries of any catchment 254 area shall be entirely within the boundaries of a mental health region 255 established under section 17a-478, as amended by this act; "council" 256 means the catchment area council established under section 17a-483, as 257 amended by this act; ["regional mental health board" means the board 258 appointed within each mental health region under subsection (c) of 259 section 17a-483] "regional behavioral action organization" means the 260 organization established pursuant to section 1 of this act; and "provider" 261 means any person who receives income from private practice or any 262 public or private agency which delivers mental health services. 263 Sec. 9. Section 17a-483 of the general statutes is repealed and the 264 following is substituted in lieu thereof (Effective from passage): 265 (a) Each catchment area council shall consist of one representative 266 from each town or portion thereof located within the same catchment 267 area, except that if a catchment area consists of (1) only two towns or 268 portions thereof, three representatives shall be appointed from each 269 town or portion thereof or (2) only one town or portion thereof, seven 270 representatives shall be appointed. Such representatives shall be 271 consumers and shall be appointed by the first selectmen, mayor or 272 governing official of such town or portion thereof. The representatives 273 appointed shall elect by majority vote an additional number of 274 representatives, which number shall not exceed the number initially 275 appointed. Not less than fifty-one per cent and not more than sixty per 276 cent of the total catchment area council membership shall be 277 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 10 of 27 [consumers] persons with lived experience of a behavioral health 278 disorder. 279 (b) Each catchment area council shall study and evaluate the delivery 280 of mental health services in its respective catchment area in accordance 281 with regulations adopted by the Commissioner of Mental Health and 282 Addiction Services. Each council shall make such reports and 283 recommendations to the [regional mental health boards as such boards] 284 regional behavioral health action organizations as such organizations 285 may require or which the catchment area council may deem necessary. 286 (c) Each catchment area council shall elect four members of its council 287 to serve as members of the [regional mental health board] regional 288 behavioral health action organization of the region in which it is located, 289 not more than two of whom shall be providers of mental health services. 290 The [regional mental health boards] regional behavioral health action 291 organizations shall consist of the members elected by the catchment area 292 councils and one representative designated by the Commissioner of 293 Mental Health and Addiction Services from each state-operated facility 294 serving the region. 295 (d) Members of catchment area councils shall receive no 296 compensation for their services but may be reimbursed by the 297 Department of Mental Health and Addiction Services for necessary 298 expenses incurred in the performance of their duties. 299 Sec. 10. Subsection (a) of section 17a-713 of the 2022 supplement to 300 the general statutes is repealed and the following is substituted in lieu 301 thereof (Effective from passage): 302 (a) The Department of Mental Health and Addiction Services shall 303 establish a program for the treatment and rehabilitation of compulsive 304 gamblers in the state. The program shall provide prevention, treatment 305 and rehabilitation services for chronic gamblers. The department may 306 enter into agreements with [subregional planning and action councils] 307 regional behavioral health action organizations and nonprofit 308 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 11 of 27 organizations to assist in providing these services, provided not less 309 than twenty-five per cent of the amount received pursuant to section 12-310 818 annually shall be set aside for contracts with [subregional planning 311 and action councils established pursuant to section 17a-671] regional 312 behavioral health action organizations established pursuant to section 1 313 of this act and nonprofit organizations and not less than five per cent of 314 the amount received pursuant to section 12-818 annually shall be set 315 aside for a contract with the Connecticut Council on Problem Gambling. 316 The department may impose a reasonable fee, on a sliding scale, on 317 those participants who can afford to pay for any such services. The 318 department shall implement such program when the account 319 established under subsection (b) of this section is sufficient to meet 320 initial operating expenses. As used in this section, "chronic gambler" 321 means a person who is chronically and progressively preoccupied with 322 gambling and the urge to gamble, and with gambling behavior that 323 compromises, disrupts or damages personal, family or vocational 324 pursuits. 325 Sec. 11. Section 19a-507a of the general statutes is repealed and the 326 following is substituted in lieu thereof (Effective from passage): 327 As used in section 8-3g and sections 19a-507a to 19a-507d, inclusive: 328 (1) "Mentally ill adult" means any adult who has a mental or emotional 329 condition which has substantial adverse effects on his ability to function 330 and who requires care and treatment but shall not mean any adult who 331 is dangerous to himself or herself or others, as defined in section 17a-332 495, as amended by this act, or who is an alcohol-dependent person or 333 a drug-dependent person, as defined in section 17a-680, as amended by 334 this act, or who has been placed in any community-based residential 335 home by order of the Superior Court or has been released to any 336 community-based residential home by the Department of Correction or 337 any person found not competent to stand trial for any crime pursuant to 338 section 54-56d or committed pursuant to sections 17a-580 to 17a-602, 339 inclusive; and (2) ["regional mental health board" means a regional 340 mental health board, as defined in section 17a-482; (3)] "community 341 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 12 of 27 residence" means a facility which houses the staff of such facility and 342 eight or fewer mentally ill adults which is licensed by the Commissioner 343 of Public Health and which provides supervised, structured group 344 living activities and psychosocial rehabilitation and other support 345 services to mentally ill adults discharged from a state-operated or 346 licensed facility or referred by a licensed physician specializing in 347 psychiatry or a licensed psychologist. 348 Sec. 12. Section 19a-507b of the general statutes is repealed and the 349 following is substituted in lieu thereof (Effective from passage): 350 (a) No community residence shall be established on or after July 1, 351 1984, within one thousand feet of any other community residence. If 352 more than one community residence is proposed to be established in 353 any municipality, the total capacity of all community residences in the 354 municipality in which such residence is proposed to be established shall 355 not exceed one-tenth of one per cent of the population of such 356 municipality. 357 (b) Any resident of a municipality in which a community residence is 358 or will be located may, through the chief executive officer of the 359 municipality, or the legislative body of such municipality may, petition 360 the Commissioner of Public Health to deny an application for a license 361 to operate a community residence on the grounds that the operation of 362 such a community residence would be in violation of the limits 363 established under subsection (a) of this section. 364 (c) An applicant for a license to operate a community residence shall 365 mail a copy of the application made to the Department of Public Health 366 to [the regional mental health board and] the governing body of the 367 municipality in which the community residence is to be located, by 368 certified mail, return receipt requested. All applications shall specify the 369 number of community residences in the municipality, the address of 370 each such residence and the number of residents in each and the address 371 of the proposed community residence, and shall include population and 372 occupancy statistics reflecting compliance with the limits established 373 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 13 of 27 pursuant to subsection (a) of this section. 374 (d) The Commissioner of Public Health shall not issue a license for a 375 community residence until the applicant has submitted proof that the 376 mailing required by subsection (c) of this section has been made and 377 until at least thirty days have elapsed since the receipt of such mailing 378 by all required recipients. 379 Sec. 13. Subsection (a) of section 17a-450a of the general statutes is 380 repealed and the following is substituted in lieu thereof (Effective from 381 passage): 382 (a) The Department of Mental Health and Addiction Services shall 383 constitute a successor department to the Department of Mental Health. 384 Whenever the words "Commissioner of Mental Health" are used or 385 referred to in the following general statutes, the words "Commissioner 386 of Mental Health and Addiction Services" shall be substituted in lieu 387 thereof and whenever the words "Department of Mental Health" are 388 used or referred to in the following general statutes, the words 389 "Department of Mental Health and Addiction Services" shall be 390 substituted in lieu thereof: 4-5, 4-38c, 4-77a, 4a-12, 4a-16, 5-142, 8-206d, 391 10-19, 10-71, 10-76d, 17a-14, 17a-26, 17a-31, 17a-33, 17a-218, 17a-246, 17a-392 450, 17a-451, as amended by this act, 17a-453, 17a-454, 17a-455, 17a-456, 393 as amended by this act, 17a-457, 17a-458, 17a-459, 17a-460, 17a-464, 17a-394 465, 17a-466, 17a-467, 17a-468, 17a-470, as amended by this act, 17a-471, 395 17a-472, 17a-473, 17a-474, 17a-476, as amended by this act, 17a-478, as 396 amended by this act, 17a-479, 17a-480, as amended by this act, 17a-481, 397 17a-482, as amended by this act, 17a-483, as amended by this act, [17a-398 484,] 17a-498, as amended by this act, 17a-499, as amended by this act, 399 17a-502, 17a-506, 17a-510, 17a-511, 17a-512, 17a-513, 17a-519, as 400 amended by this act, 17a-528, as amended by this act, 17a-560, 17a-561, 401 17a-562, 17a-565, 17a-581, 17a-582, 17a-675, 17b-28, 17b-59a, 17b-222, 402 17b-223, 17b-225, 17b-359, 17b-694, 19a-82, 19a-495, 19a-498, 19a-507a, as 403 amended by this act, 19a-576, 19a-583, 20-14i, 20-14j, 21a-240, 21a-301, 404 27-122a, 31-222, 38a-514, 46a-28, 51-51o, 52-146h and 54-56d. 405 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 14 of 27 Sec. 14. Section 17a-478 of the general statutes is repealed and the 406 following is substituted in lieu thereof (Effective from passage): 407 The Commissioner of Mental Health and Addiction Services shall 408 designate mental health regions within the state. Such regions and 409 boundaries thereof may be redesignated by said commissioner as he 410 deems necessary. For the purposes of sections 17a-476, as amended by 411 this act, and 17a-478 to 17a-480, inclusive, as amended by this act, 412 "community mental health services" means comprehensive services, 413 both medical and nonmedical, designed to (1) decrease the prevalence 414 and incidence of psychiatric disabilities, emotional disturbance and 415 social disfunctioning, and (2) promote mental health in individuals, 416 groups and institutions and includes, but is not limited to, the following: 417 Outreach and case finding, inpatient treatment, outpatient treatment, 418 partial hospitalization, diagnosis and screening, aftercare and 419 rehabilitation, education, consultation, emergency services, research, 420 evaluation, training and services to the courts. The Commissioner of 421 Mental Health and Addiction Services may enter into such contracts for 422 services as may be required to carry out the provisions of subsection (a) 423 of section 17a-476, as amended by this act, sections 17a-478 to 17a-480, 424 inclusive, as amended by this act, and sections 17a-482, as amended by 425 this act, [to 17a-484, inclusive] and 17a-483, as amended by this act. 426 Sec. 15. Subsections (b) to (d), inclusive, of section 17a-495 of the 427 general statutes are repealed and the following is substituted in lieu 428 thereof (Effective from passage): 429 (b) For the purposes of this section, sections 17a-450 to [17a-484] 17a-430 483, inclusive, as amended by this act, 17a-496 to 17a-528, inclusive, as 431 amended by this act, 17a-540 to 17a-550, inclusive, and 17a-560 to 17a-432 575, inclusive, the following terms shall have the following meanings: 433 "Business day" means Monday to Friday, inclusive, except when a legal 434 holiday falls on any such day; "hospital for persons with psychiatric 435 disabilities" means any public or private hospital, retreat, institution, 436 house or place in which any person with psychiatric disabilities is 437 received or detained as a patient, but shall not include any correctional 438 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 15 of 27 institution of this state; "patient" means any person detained and taken 439 care of as a person with psychiatric disabilities; "keeper of a hospital for 440 persons with psychiatric disabilities" means any person, body of 441 persons or corporation which has the immediate superintendence, 442 management and control of a hospital for persons with psychiatric 443 disabilities and the patients therein; "support" includes all necessary 444 food, clothing and medicine and all general expenses of maintaining 445 state hospitals for persons with psychiatric disabilities; "indigent 446 person" means any person who has an estate insufficient, in the 447 judgment of the Court of Probate, to provide for his or her support and 448 has no person or persons legally liable who are able to support him or 449 her; "dangerous to himself or herself or others" means there is a 450 substantial risk that physical harm will be inflicted by an individual 451 upon his or her own person or upon another person; "gravely disabled" 452 means that a person, as a result of mental or emotional impairment, is 453 in danger of serious harm as a result of an inability or failure to provide 454 for his or her own basic human needs such as essential food, clothing, 455 shelter or safety and that hospital treatment is necessary and available 456 and that such person is mentally incapable of determining whether or 457 not to accept such treatment because his judgment is impaired by his 458 psychiatric disabilities; "respondent" means a person who is alleged to 459 have psychiatric disabilities and for whom an application for 460 commitment to a hospital for persons with psychiatric disabilities has 461 been filed; "voluntary patient" means any patient sixteen years of age or 462 older who applies in writing to and is admitted to a hospital for persons 463 with psychiatric disabilities as a person with psychiatric disabilities or 464 any patient under sixteen years of age whose parent or legal guardian 465 applies in writing to such hospital for admission of such patient; and 466 "involuntary patient" means any patient hospitalized pursuant to an 467 order of a judge of the Probate Court after an appropriate hearing or a 468 patient hospitalized for emergency diagnosis, observation or treatment 469 upon certification of a qualified physician. 470 (c) For the purposes of this section and sections 17a-496 to 17a-528, 471 inclusive, as amended by this act, "person with psychiatric disabilities" 472 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 16 of 27 means any person who has a mental or emotional condition which has 473 substantial adverse effects on his or her ability to function and who 474 requires care and treatment, and specifically excludes a person who is 475 an alcohol-dependent person or a drug-dependent person, as defined in 476 section 17a-680, as amended by this act. 477 (d) For the purposes of sections 17a-453, 17a-454, 17a-456, as 478 amended by this act, 17a-458 to 17a-464, inclusive, 17a-466 to 17a-469, 479 inclusive, 17a-471, 17a-474, 17a-476 to [17a-484] 17a-483, inclusive, as 480 amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 481 inclusive, and 17a-615 to 17a-618, inclusive, "person with psychiatric 482 disabilities" means any person who has a mental or emotional condition 483 which has substantial adverse effects on his or her ability to function 484 and who requires care and treatment, and specifically includes a person 485 who is an alcohol-dependent person or a drug-dependent person, as 486 defined in section 17a-680, as amended by this act. 487 Sec. 16. Section 17a-496 of the general statutes is repealed and the 488 following is substituted in lieu thereof (Effective from passage): 489 Any keeper of a hospital for psychiatric disabilities who wilfully 490 violates any of the provisions of this section, sections 17a-75 to 17a-83, 491 inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as amended by this act, 492 17a-497 to 17a-528, inclusive, as amended by this act, 17a-540 to 17a-550, 493 inclusive, 17a-560 to 17a-575, inclusive, and 17a-615 to 17a-618, 494 inclusive, shall be fined not more than two hundred dollars or 495 imprisoned not more than one year or both. 496 Sec. 17. Subsection (b) of section 17a-497 of the general statutes is 497 repealed and the following is substituted in lieu thereof (Effective from 498 passage): 499 (b) Upon the motion of any respondent or his or her counsel, or the 500 probate judge having jurisdiction over such application, filed not later 501 than three days prior to any hearing scheduled on such application, the 502 Probate Court Administrator shall appoint a three-judge court from 503 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 17 of 27 among the probate judges to hear such application. The judge of the 504 Probate Court having jurisdiction over such application under the 505 provisions of this section shall be a member, provided such judge may 506 disqualify himself in which case all three members of such court shall 507 be appointed by the Probate Court Administrator. Such three-judge 508 court when convened shall have all the powers and duties set forth 509 under sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, 510 inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, as 511 amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 512 inclusive, and 17a-615 to 17a-618, inclusive, and shall be subject to all of 513 the provisions of law as if it were a single-judge court. No such 514 respondent shall be involuntarily confined without the vote of at least 515 two of the three judges convened hereunder. The judges of such court 516 shall designate a chief judge from among their members. All records for 517 any case before the three-judge court shall be maintained in the Probate 518 Court having jurisdiction over the matter as if the three-judge court had 519 not been appointed. 520 Sec. 18. Subsection (g) of section 17a-498 of the general statutes is 521 repealed and the following is substituted in lieu thereof (Effective from 522 passage): 523 (g) The hospital shall notify each patient at least annually that such 524 patient has a right to a further hearing pursuant to this section. If the 525 patient requests such hearing, it shall be held by the Probate Court for 526 the district in which the hospital is located. Any such request shall be 527 immediately filed with the appropriate court by the hospital. After such 528 request is filed with the Probate Court, it shall proceed in the manner 529 provided in subsections (a), (b), (c) and (f) of this section. In addition, 530 the hospital shall furnish the Probate Court for the district in which the 531 hospital is located on a monthly basis with a list of all patients confined 532 in the hospital involuntarily without release for one year since the last 533 annual review under this section of the patient's commitment or since 534 the original commitment. The hospital shall include in such notification 535 the type of review the patient last received. If the patient's last annual 536 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 18 of 27 review had a hearing, the Probate Court shall, within fifteen business 537 days thereafter, appoint an impartial physician who is a psychiatrist 538 from the list provided by the Commissioner of Mental Health and 539 Addiction Services as set forth in subsection (c) of this section and not 540 connected with the hospital in which the patient is confined or related 541 by blood or marriage to the original applicant or to the respondent, 542 which physician shall see and examine each such patient within fifteen 543 business days after such physician's appointment and make a report 544 forthwith to such court of the condition of the patient on forms provided 545 by the Probate Court Administrator. If the Probate Court concludes that 546 the confinement of any such patient should be reviewed by such court 547 for possible release of the patient, the court, on its own motion, shall 548 proceed in the manner provided in subsections (a), (b), (c) and (f) of this 549 section, except that the examining physician shall be considered one of 550 the physicians required by subsection (c) of this section. If the patient's 551 last annual review did not result in a hearing, and in any event at least 552 every two years, the Probate Court shall, within fifteen business days, 553 proceed with a hearing in the manner provided in subsections (a), (b), 554 (c) and (f) of this section. All costs and expenses, including Probate 555 Court entry fees provided by statute, in conjunction with the annual 556 psychiatric review and the judicial review under this subsection, except 557 costs for physicians appointed pursuant to this subsection, shall be 558 established by, and paid from funds appropriated to, the Judicial 559 Department, except that if funds have not been included in the budget 560 of the Judicial Department for such costs and expenses, such payment 561 shall be made from the Probate Court Adminis tration Fund. 562 Compensation of any physician appointed to conduct the annual 563 psychiatric review, to examine a patient for any hearing held as a result 564 of such annual review or for any other biennial hearing required 565 pursuant to sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-566 483, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, as 567 amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 568 inclusive, and 17a-615 to 17a-618, inclusive, shall be paid by the state 569 from funds appropriated to the Department of Mental Health and 570 Addiction Services in accordance with rates established by the 571 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 19 of 27 Department of Mental Health and Addiction Services. 572 Sec. 19. Section 17a-499 of the general statutes is repealed and the 573 following is substituted in lieu thereof (Effective from passage): 574 All proceedings of the Probate Court, upon application made under 575 the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-576 484] 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, 577 inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 578 to 17a-575, inclusive, and 17a-615 to 17a-618, inclusive, shall be in 579 writing and filed in such court, and, whenever a court passes an order 580 for the admission of any person to any state hospital for psychiatric 581 disabilities, the court shall record the order and give a certified copy of 582 such order and of the reports of the physicians to the person by whom 583 such person is to be taken to the hospital, as the warrant for such taking 584 and commitment, and shall also forthwith transmit a like copy to the 585 Commissioner of Mental Health and Addiction Services, and, in the case 586 of a person in the custody of the Commissioner of Correction, to the 587 Commissioner of Correction. Whenever a court passes an order for the 588 commitment of any person to any hospital for psychiatric disabilities, it 589 shall, within three business days, provide the Commissioner of Mental 590 Health and Addiction Services with access to identifying information 591 including, but not limited to, name, address, sex, date of birth and date 592 of commitment on all commitments ordered on and after June 1, 1998. 593 All commitment applications, orders of commitment and commitment 594 papers issued by any court in committing persons with psychiatric 595 disabilities to public or private hospitals for psychiatric disabilities shall 596 be in accordance with a form prescribed by the Probate Court 597 Administrator, which form shall be uniform throughout the state. State 598 hospitals and other hospitals for persons with psychiatric disabilities 599 shall, so far as they are able, upon reasonable request of any officer of a 600 court having the power of commitment, send one or more trained 601 attendants or nurses to attend any hearing concerning the commitment 602 of any person with psychiatric disabilities and any such attendant or 603 nurse, when present, shall be designated by the court as the authority to 604 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 20 of 27 serve commitment process issued under the provisions of sections 17a-605 75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as 606 amended by this act, 17a-495 to 17a-528, inclusive, as amended by this 607 act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-608 615 to 17a-618, inclusive. 609 Sec. 20. Subsection (a) of section 17a-500 of the general statutes is 610 repealed and the following is substituted in lieu thereof (Effective from 611 passage): 612 (a) Each court of probate shall keep a record of the cases relating to 613 persons with psychiatric disabilities coming before it under sections 614 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as 615 amended by this act, 17a-495 to 17a-528, inclusive, as amended by this 616 act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-617 615 to 17a-618, inclusive, and the disposition of them. It shall also keep 618 on file the original application and certificate of physicians required by 619 said sections, or a microfilm duplicate of such records in accordance 620 with regulations issued by the Probate Court Administrator. All records 621 maintained in the courts of probate under the provisions of said sections 622 shall be sealed and available only to the respondent or his or her counsel 623 unless the Court of Probate, after hearing held with notice to the 624 respondent, determines such records should be disclosed for cause 625 shown. 626 Sec. 21. Section 17a-501 of the general statutes is repealed and the 627 following is substituted in lieu thereof (Effective from passage): 628 Any person with psychiatric disabilities, the expense of whose 629 support is paid by himself or by another person, may be committed to 630 any institution for the care of persons with psychiatric disabilities 631 designated by the person paying for such support; and any indigent 632 person with psychiatric disabilities, not a pauper, committed under the 633 provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 634 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, 635 as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 636 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 21 of 27 inclusive, and 17a-615 to 17a-618, inclusive, shall be committed to any 637 state hospital for psychiatric disabilities which is equipped to receive 638 him, at the discretion of the Court of Probate, upon consideration of a 639 request made by the person applying for such commitment. 640 Sec. 22. Section 17a-504 of the general statutes is repealed and the 641 following is substituted in lieu thereof (Effective from passage): 642 Any person who wilfully and maliciously causes, or attempts to 643 cause, or who conspires with any other person to cause, any person who 644 does not have psychiatric disabilities to be committed to any hospital 645 for psychiatric disabilities, and any person who wilfully certifies falsely 646 to the psychiatric disabilities of any person in any certificate provided 647 for in sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, 648 inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, as 649 amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 650 inclusive, and 17a-615 to 17a-618, inclusive, and any person who, under 651 the provisions of said sections relating to persons with psychiatric 652 disabilities, wilfully reports falsely to any court or judge that any person 653 has psychiatric disabilities, shall be guilty of a class D felony. 654 Sec. 23. Section 17a-505 of the general statutes is repealed and the 655 following is substituted in lieu thereof (Effective from passage): 656 When any female with psychiatric disabilities is escorted to a state 657 hospital for persons with psychiatric disabilities by a male guard, 658 attendant or other employee of a correctional or reformatory institution, 659 or by a male law enforcement officer, under the provisions of sections 660 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as 661 amended by this act, 17a-495 to 17a-528, inclusive, as amended by this 662 act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-663 615 to 17a-618, inclusive, the person so escorting her shall be 664 accompanied by an adult member of her family or at least one woman. 665 Sec. 24. Section 17a-519 of the general statutes is repealed and the 666 following is substituted in lieu thereof (Effective from passage): 667 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 22 of 27 Each officer or indifferent person making legal service of any order, 668 notice, warrant or other paper under the provisions of sections 17a-75 to 669 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as amended by 670 this act, 17a-495 to 17a-528, inclusive, as amended by this act, 17a-540 to 671 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-615 to 17a-618, 672 inclusive, shall be entitled to the same compensation as is by law 673 provided for like services in civil causes. Physicians, for examining a 674 person alleged to have psychiatric disabilities and making a certificate 675 as provided by said sections, shall be entitled to a reasonable 676 compensation established by the Commissioner of Mental Health and 677 Addiction Services. The fees of the courts of probate shall be such as are 678 provided by law for similar services. The Superior Court, on an appeal, 679 may tax costs at its discretion. 680 Sec. 25. Section 17a-525 of the general statutes is repealed and the 681 following is substituted in lieu thereof (Effective from passage): 682 Any person aggrieved by an order, denial or decree of a Probate 683 Court under sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 684 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, 685 as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 686 inclusive, and 17a-615 to 17a-618, inclusive, including any relative or 687 friend, on behalf of any person found to have psychiatric disabilities, 688 shall have the right of appeal in accordance with sections 45a-186 to 45a-689 193, inclusive. On the trial of an appeal, the Superior Court may require 690 the state's attorney or, in the state's attorney's absence, some other 691 practicing attorney of the court to be present for the protection of the 692 interests of the state and of the public. 693 Sec. 26. Subsection (a) of section 17a-528 of the general statutes is 694 repealed and the following is substituted in lieu thereof (Effective from 695 passage): 696 (a) When any person is found to have psychiatric disabilities, and is 697 committed to a state hospital for psychiatric disabilities, upon 698 proceedings had under sections 17a-75 to 17a-83, inclusive, 17a-450 to 699 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 23 of 27 [17a-484] 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, 700 inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 701 to 17a-575, inclusive, and 17a-615 to 17a-618, inclusive, all fees and 702 expenses incurred upon the probate commitment proceedings, payment 703 of which is not otherwise provided for under said sections, shall be paid 704 by the state within available appropriations from funds appropriated to 705 the Department of Mental Health and Addiction Services in accordance 706 with rates established by said department; and, if such person is found 707 not to have psychiatric disabilities, such fees and expenses shall be paid 708 by the applicant. 709 Sec. 27. Section 17a-680 of the general statutes is repealed and the 710 following is substituted in lieu thereof (Effective from passage): 711 For purposes of sections 17a-673, and 17a-680 to 17a-690, inclusive: [, 712 and subsection (d) of section 17a-484:] 713 (1) "Alcohol-dependent person" means a person who meets the 714 criteria for moderate or severe alcohol use disorder, as described in the 715 most recent edition of the American Psychiatric Association's 716 "Diagnostic and Statistical Manual of Mental Disorders"; 717 (2) "Business day" means Monday to Friday, inclusive, except when 718 a legal holiday falls on any such day; 719 (3) "Department" means the Department of Mental Health and 720 Addiction Services; 721 (4) "Dangerous to himself" means there is a substantial risk that 722 physical harm will be inflicted by a person on himself or herself; 723 (5) "Dangerous to others" means there is a substantial risk that 724 physical harm will be inflicted by a person on another person; 725 (6) "Drug or drugs" means a controlled drug as defined in section 21a-726 240; 727 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 24 of 27 (7) "Drug-dependent person" means a person who meets the criteria 728 for moderate or severe substance use disorder, as described in the most 729 recent edition of the American Psychiatric Association's "Diagnostic and 730 Statistical Manual of Mental Disorders"; 731 (8) "Commissioner" means the Commissioner of Mental Health and 732 Addiction Services; 733 (9) "Gravely disabled" means a condition in which a person, as a 734 result of the use of alcohol or drugs on a periodic or continuous basis, is 735 in danger of serious physical harm because (A) he or she is not 736 providing for his or her essential needs such as food, clothing, shelter, 737 vital medical care, or safety, (B) he or she needs, but is not receiving, 738 inpatient treatment for alcohol dependency or drug dependency, and 739 (C) he or she is incapable of determining whether to accept such 740 treatment because his or her judgment is impaired; 741 (10) "Hospital" means an establishment licensed under the provisions 742 of sections 19a-490 to 19a-503, inclusive, for the lodging, care and 743 treatment of persons suffering from disease or other abnormal physical 744 or mental conditions, and includes inpatient psychiatric services in 745 general hospitals; 746 (11) "Incapacitated by alcohol" means a condition in which a person 747 as a result of the use of alcohol has his or her judgment so impaired that 748 he or she is incapable of realizing and making a rational decision with 749 respect to his or her need for treatment; 750 (12) "Incompetent person" means a person who has been adjudged 751 incompetent by a court of competent jurisdiction; 752 (13) "Intoxicated person" means a person whose mental or physical 753 functioning is substantially impaired as a result of the use of alcohol or 754 drugs; 755 (14) "Medical officer" means a licensed physician in attendance at a 756 treatment facility or hospital; 757 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 25 of 27 (15) "Respondent" means a person who is alleged to be alcohol-758 dependent or drug-dependent and for whom a petition for commitment 759 or recommitment to an inpatient treatment facility has been filed; 760 (16) "Treatment" means any emergency, outpatient, intermediate and 761 inpatient services and care, including diagnostic evaluation, medical, 762 psychiatric, psychological and social services, vocational and social 763 rehabilitation and other appropriate services, which may be extended to 764 alcohol-dependent persons, drug-dependent persons and intoxicated 765 persons; 766 (17) "Treatment facility" means (A) a facility providing treatment and 767 operating under the direction and control of the department, or (B) a 768 private facility providing treatment and licensed under the provisions 769 of sections 19a-490 to 19a-503, inclusive. 770 Sec. 28. Subsection (d) of section 45a-656 of the general statutes is 771 repealed and the following is substituted in lieu thereof (Effective from 772 passage): 773 (d) The conservator of the person shall not have the power or 774 authority to cause the respondent to be committed to any institution for 775 the treatment of the mentally ill except under the provisions of sections 776 17a-75 to 17a-83, inclusive, 17a-456 to [17a-484] 17a-483, inclusive, as 777 amended by this act, 17a-495 to 17a-528, inclusive, as amended by this 778 act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, 17a-615 779 to 17a-618, inclusive, and 17a-621 to 17a-664, inclusive, and chapter 359. 780 Sec. 29. Subsection (e) of section 45a-677 of the 2022 supplement to 781 the general statutes is repealed and the following is substituted in lieu 782 thereof (Effective from passage): 783 (e) A plenary guardian or limited guardian shall not have the power 784 or authority: (1) To cause the protected person to be admitted to any 785 institution for treatment of the mentally ill, except in accordance with 786 the provisions of sections 17a-75 to 17a-83, inclusive, 17a-456 to [17a-787 484] 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, 788 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 26 of 27 inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 789 to 17a-575, inclusive, 17a-615 to 17a-618, inclusive, and 17a-621 to 17a-790 664, inclusive, and chapter 420b; (2) to cause the protected person to be 791 admitted to any training school or other facility provided for the care 792 and training of persons with intellectual disability if there is a conflict 793 concerning such admission between the guardian and the protected 794 person or next of kin, except in accordance with the provisions of 795 sections 17a-274 and 17a-275; (3) to consent on behalf of the protected 796 person to a sterilization, except in accordance with the provisions of 797 sections 45a-690 to 45a-700, inclusive; (4) to consent on behalf of the 798 protected person to psychosurgery, except in accordance with the 799 provisions of section 17a-543; (5) to consent on behalf of the protected 800 person to the termination of the protected person's parental rights, 801 except in accordance with the provisions of sections 45a-706 to 45a-709, 802 inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-737, inclusive, 803 and 45a-743 to 45a-757, inclusive; (6) to consent on behalf of the 804 protected person to the performance of any experimental biomedical or 805 behavioral medical procedure or participation in any biomedical or 806 behavioral experiment, unless it (A) is intended to preserve the life or 807 prevent serious impairment of the physical health of the protected 808 person, (B) is intended to assist the protected person to regain the 809 protected person's abilities and has been approved for the protected 810 person by the court, or (C) has been (i) approved by a recognized 811 institutional review board, as defined by 45 CFR 46, 21 CFR 50 and 21 812 CFR 56, as amended from time to time, which is not a part of the 813 Department of Developmental Services, (ii) endorsed or supported by 814 the Department of Developmental Services, and (iii) approved for the 815 protected person by such protected person's primary care physician; (7) 816 to admit the protected person to any residential facility operated by an 817 organization by whom such guardian is employed, except in accordance 818 with the provisions of section 17a-274; (8) to prohibit the marriage or 819 divorce of the protected person; and (9) to consent on behalf of the 820 protected person to an abortion or removal of a body organ, except in 821 accordance with applicable statutory procedures when necessary to 822 preserve the life or prevent serious impairment of the physical or mental 823 Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 27 of 28 health of the protected person. 824 Sec. 30. Sections 17a-484 and 17a-671 of the general statutes are 825 repealed.(Effective from passage) 826 This act shall take effect as follows and shall amend the following sections: Section 1 from passage New section Sec. 2 from passage 4-28g Sec. 3 from passage 17a-451(j) Sec. 4 from passage 17a-456 Sec. 5 from passage 17a-470 Sec. 6 from passage 17a-476 Sec. 7 from passage 17a-480 Sec. 8 from passage 17a-482 Sec. 9 from passage 17a-483 Sec. 10 from passage 17a-713(a) Sec. 11 from passage 19a-507a Sec. 12 from passage 19a-507b Sec. 13 from passage 17a-450a(a) Sec. 14 from passage 17a-478 Sec. 15 from passage 17a-495(b) to (d) Sec. 16 from passage 17a-496 Sec. 17 from passage 17a-497(b) Sec. 18 from passage 17a-498(g) Sec. 19 from passage 17a-499 Sec. 20 from passage 17a-500(a) Sec. 21 from passage 17a-501 Sec. 22 from passage 17a-504 Sec. 23 from passage 17a-505 Sec. 24 from passage 17a-519 Sec. 25 from passage 17a-525 Sec. 26 from passage 17a-528(a) Sec. 27 from passage 17a-680 Sec. 28 from passage 45a-656(d) Sec. 29 from passage 45a-677(e) Sec. 30 from passage Repealer section Raised Bill No. 5419 LCO 3027 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05419- R01-HB.docx } 28 of 28 PH Joint Favorable