CT
Connecticut House Bill HB05419

Connecticut 2022 Regular Session

Connecticut House Bill HB05419 Compare Versions

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4-House Bill No. 5419
7+General Assembly Raised Bill No. 5419
8+February Session, 2022
9+LCO No. 3027
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6-Public Act No. 22-69
11+
12+Referred to Committee on PUBLIC HEALTH
13+
14+
15+Introduced by:
16+(PH)
17+
18+
719
820
921 AN ACT CONCERNING THE DEPARTMENT OF MENTAL HEALTH
1022 AND ADDICTION SERVICES' RECOMMENDATIONS REGARDING
1123 REGIONAL BEHAVIORAL HEALTH ACTION ORGANIZATIONS.
1224 Be it enacted by the Senate and House of Representatives in General
1325 Assembly convened:
1426
15-Section 1. (NEW) (Effective from passage) (a) The Commissioner of
16-Mental Health and Addiction Services may contract with one or more
17-nonprofit organizations to operate as regional behavioral health action
18-organizations, one for each mental health region in the state, designated
19-pursuant to section 17a-478 of the general statutes, as amended by this
20-act. Each regional behavioral health action organization shall serve as a
21-strategic community partner responsible for behavioral health planning,
22-behavioral health education, coordination of prevention of behavioral
23-health issues, promotion of behavioral health and advocacy for
24-behavioral health needs and services within its mental health region.
25-(b) The duties of each regional behavioral health action organization,
26-within its mental health region, shall include, but need not be limited to:
27-(1) Assessing the behavioral health needs of children, adolescents and
28-adults across the region and engaging with stakeholders to identify
29-needs, problems, barriers and gaps in the behavioral health service
30-continuum, (2) enhancing the capacity of local communities to
31-understand and address problem gambling, (3) raising awareness and House Bill No. 5419
27+Section 1. (NEW) (Effective from passage) (a) There are established 1
28+within the Department of Mental Health and Addiction Services five 2
29+regional behavioral health action organizations, one for each mental 3
30+health region in the state, designated pursuant to section 17a-478 of the 4
31+general statutes, as amended by this act. Each regional behavioral health 5
32+action organization shall serve as a strategic community partner 6
33+responsible for behavioral health planning, behavioral health education, 7
34+coordination of prevention of behavioral health issues, promotion of 8
35+behavioral health and advocacy for behavioral health needs and 9
36+services within its mental health region. 10
37+(b) The duties of each regional behavioral health action organization, 11
38+within its mental health region, shall include, but need not be limited to: 12
39+(1) Assessing the behavioral health needs of children, adolescents and 13 Raised Bill No. 5419
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33-Public Act No. 22-69 2 of 29
3441
35-advocating for the general public for mental health promotion and
36-substance abuse prevention, treatment and recovery, (4) receiving and
37-expanding federal, state and local funds and leveraging funds to
38-support behavioral health promotion, prevention, treatment and
39-recovery activities, (5) serving on local, regional and state advisory and
40-planning bodies, (6) within available appropriations, providing training
41-in the administration of an opioid antagonist, as defined in section 17a-
42-714a of the general statutes, and distributing supplies of opioid
43-antagonists to communities, (7) reporting community needs, program
44-review findings and conclusions annually to the relevant local, regional
45-and state stakeholders with recommendations for the establishment,
46-modification or expansion of behavioral health services within the
47-mental health region, and (8) serving as the regional partner responsible
48-for coordinating and aligning federal, state, regional and local
49-behavioral health initiatives.
50-(c) To carry out the duties described in subsection (b) of this section,
51-each regional behavioral health action organization shall solicit advice
52-and input from community members, including, but not limited to,
53-elected officials, parents, youth, faith-based organizations, law
54-enforcement professionals or organizations, health care professionals,
55-persons with lived experience of behavioral health issues, family
56-members with lived experience of behavioral health issues, behavioral
57-health treatment providers, businesses, youth-serving organizations,
58-civic or fraternal groups, educational organizations, media
59-organizations and other interested persons or organizations.
60-Sec. 2. Section 4-28g of the general statutes is repealed and the
61-following is substituted in lieu thereof (Effective from passage):
62-Any governmental entity or Section 501(c)(3) of the Internal Revenue
63-Code of 1986, or any subsequent corresponding internal revenue code
64-of the United States, as from time to time amended or Section 501(c)(4)
65-of said Internal Revenue Code organization, including, but not limited House Bill No. 5419
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46+adults across the region and engaging with stakeholders to identify 14
47+needs, problems, barriers and gaps in the behavioral health service 15
48+continuum, (2) enhancing the capacity of local communities to 16
49+understand and address problem gambling, (3) raising awareness and 17
50+advocating for the general public for mental health promotion and 18
51+substance abuse prevention, treatment and recovery, (4) receiving and 19
52+expanding federal, state and local funds and leveraging funds to 20
53+support behavioral health promotion, prevention, treatment and 21
54+recovery activities, (5) serving on local, regional and state advisory and 22
55+planning bodies, (6) within available appropriations, providing training 23
56+in the administration of an opioid antagonist, as defined in section 17a-24
57+714a of the general statutes, and distributing supplies of opioid 25
58+antagonists to communities, (7) reporting community needs, program 26
59+review findings and conclusions annually to the relevant local, regional 27
60+and state stakeholders with recommendations for the establishment, 28
61+modification or expansion of behavioral health services within the 29
62+mental health region, and (8) serving as the regional partner responsible 30
63+for coordinating and aligning federal, state, regional and local 31
64+behavioral health initiatives. 32
65+(c) To carry out the duties described in subsection (b) of this section, 33
66+each regional behavioral health action organization shall solicit advice 34
67+and input from community members, including, but not limited to, 35
68+elected officials, parents, youth, faith-based organizations, law 36
69+enforcement professionals or organizations, health care professionals, 37
70+persons with lived experience of behavioral health issues, family 38
71+members with lived experience of behavioral health issues, behavioral 39
72+health treatment providers, businesses, youth-serving organizations, 40
73+civic or fraternal groups, educational organizations, media 41
74+organizations and other interested persons or organizations. 42
75+Sec. 2. Section 4-28g of the general statutes is repealed and the 43
76+following is substituted in lieu thereof (Effective from passage): 44
77+Any governmental entity or Section 501(c)(3) of the Internal Revenue 45
78+Code of 1986, or any subsequent corresponding internal revenue code 46 Raised Bill No. 5419
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69-to, local health districts and [regional action councils] regional
70-behavioral health action organizations, which receives state dollars for
71-tobacco education or reduction or prevention of tobacco use, shall
72-submit a plan to the Department of Public Health identifying the target
73-population, the methods for choosing the target population, and the
74-evaluation component for the effectiveness of the program. Such plan
75-shall be approved by the Department of Health prior to the release of
76-funds.
77-Sec. 3. Subsection (j) of section 17a-451 of the general statutes is
78-repealed and the following is substituted in lieu thereof (Effective from
79-passage):
80-(j) The commissioner shall be responsible for developing and
81-implementing the Connecticut comprehensive plan for prevention,
82-treatment and reduction of alcohol and drug abuse problems to be
83-known as the state substance abuse plan. Such plan shall include a
84-mission statement, a vision statement and goals for providing treatment
85-and recovery support services to adults with substance use disorders.
86-The plan shall be developed by July 1, 2010, and thereafter shall be
87-triennially updated by July first of the respective year. The
88-commissioner shall develop such plan, mission statement, a vision
89-statement and goals after consultation with: (1) The Connecticut Alcohol
90-and Drug Policy Council established pursuant to section 17a-667; (2) the
91-Criminal Justice Policy Advisory Commission established pursuant to
92-section 18-87j; (3) the [subregional planning and action councils
93-established pursuant to section 17a-671] regional behavioral health
94-action organizations established pursuant to section 1 of this act; (4)
95-clients and their families, including those involved with the criminal
96-justice system; (5) treatment providers; and (6) other interested
97-stakeholders. The plan shall outline the action steps, time frames and
98-resources needed to meet specified goals and shall, at a minimum,
99-address: (A) Access to services, both prior to and following admission House Bill No. 5419
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103-to treatment; (B) the provision of comprehensive assessments to those
104-requesting treatment, including individuals with co-occurring
105-conditions; (C) quality of treatment services and promotion of research-
106-based and evidence-based best practices and models; (D) an appropriate
107-array of prevention, treatment and recovery services along with a
108-sustained continuum of care; (E) outcome measures of specific
109-treatment and recovery services in the overall system of care; (F)
110-information regarding the status of treatment program availability for
111-pregnant women, including statistical and demographic data
112-concerning pregnant women and women with children in treatment
113-and on waiting lists for treatment; (G) department policies and
114-guidelines concerning recovery-oriented care; (H) provisions of the
115-community reentry strategy concerning substance abuse treatment and
116-recovery services needed by the offender population as developed by
117-the Criminal Justice Policy and Planning Division within the Office of
118-Policy and Management; (I) an evaluation of the Connecticut Alcohol
119-and Drug Policy Council's plan described in section 17a-667 and any
120-recommendations for changes to such plan; and (J) a summary of data
121-maintained in the central repository, described in subsection (o) of this
122-section. The plan shall define measures and set benchmarks for the
123-overall treatment system and for each state-operated program.
124-Measures and benchmarks specified in the plan shall include, but not be
125-limited to, the time required to receive substance abuse assessments and
126-treatment services either from state agencies directly or through the
127-private provider network funded by state agencies, the percentage of
128-clients who should receive a treatment episode of ninety days or greater,
129-treatment provision rates with respect to those requesting treatment,
130-connection to the appropriate level of care rates, treatment completion
131-rates and treatment success rates as measured by improved client
132-outcomes in the areas of substance use, employment, housing and
133-involvement with the criminal justice system.
134-Sec. 4. Section 17a-456 of the general statutes is repealed and the House Bill No. 5419
85+of the United States, as from time to time amended or Section 501(c)(4) 47
86+of said Internal Revenue Code organization, including, but not limited 48
87+to, local health districts and [regional action councils] regional 49
88+behavioral health action organizations, which receives state dollars for 50
89+tobacco education or reduction or prevention of tobacco use, shall 51
90+submit a plan to the Department of Public Health identifying the target 52
91+population, the methods for choosing the target population, and the 53
92+evaluation component for the effectiveness of the program. Such plan 54
93+shall be approved by the Department of Health prior to the release of 55
94+funds. 56
95+Sec. 3. Subsection (j) of section 17a-451 of the general statutes is 57
96+repealed and the following is substituted in lieu thereof (Effective from 58
97+passage): 59
98+(j) The commissioner shall be responsible for developing and 60
99+implementing the Connecticut comprehensive plan for prevention, 61
100+treatment and reduction of alcohol and drug abuse problems to be 62
101+known as the state substance abuse plan. Such plan shall include a 63
102+mission statement, a vision statement and goals for providing treatment 64
103+and recovery support services to adults with substance use disorders. 65
104+The plan shall be developed by July 1, 2010, and thereafter shall be 66
105+triennially updated by July first of the respective year. The 67
106+commissioner shall develop such plan, mission statement, a vision 68
107+statement and goals after consultation with: (1) The Connecticut Alcohol 69
108+and Drug Policy Council established pursuant to section 17a-667; (2) the 70
109+Criminal Justice Policy Advisory Commission established pursuant to 71
110+section 18-87j; (3) the [subregional planning and action councils 72
111+established pursuant to section 17a-671] regional behavioral health 73
112+action organizations established pursuant to section 1 of this act; (4) 74
113+clients and their families, including those involved with the criminal 75
114+justice system; (5) treatment providers; and (6) other interested 76
115+stakeholders. The plan shall outline the action steps, time frames and 77
116+resources needed to meet specified goals and shall, at a minimum, 78
117+address: (A) Access to services, both prior to and following admission 79 Raised Bill No. 5419
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136-Public Act No. 22-69 5 of 29
137119
138-following is substituted in lieu thereof (Effective October 1, 2022):
139-[There] (a) On and before October 1, 2022, there shall be a Board of
140-Mental Health and Addiction Services that shall consist of: (1) Nineteen
141-members appointed by the Governor, subject to the provisions of section
142-4-9a, five of whom shall have had experience in the field of substance
143-[abuse] use disorders, five of whom shall be from the mental health
144-community, three of whom shall be physicians licensed to practice
145-medicine in this state who have had experience in the field of psychiatry,
146-two of whom shall be psychologists licensed to practice in this state, two
147-of whom shall be persons representing families of individuals with
148-[psychiatric disabilities] behavioral health disorders, and two of whom
149-shall be persons representing families of individuals recovering from
150-substance use disorders; (2) the chairmen of the regional mental health
151-boards; [established pursuant to section 17a-484;] (3) one designee of
152-each such board; (4) two designees from each of the five subregions
153-represented by the substance abuse subregional planning and action
154-councils; [established pursuant to section 17a-671;] (5) one designee
155-from each mental health region established pursuant to section 17a-478,
156-each of whom shall represent individuals with psychiatric disabilities,
157-selected by such regional mental health boards in collaboration with
158-advocacy groups; and (6) one designee from each of the five subregions
159-represented by such substance abuse subregional planning and action
160-councils, each of whom shall represent individuals recovering from
161-substance use disorders, selected by such substance abuse subregional
162-planning and action councils in collaboration with advocacy groups.
163-The members of the board shall serve without compensation except for
164-necessary expenses incurred in performing their duties. The members
165-of the board may include representatives of nongovernment
166-organizations or groups, and of state agencies, concerned with
167-planning, operation or utilization of facilities providing mental health
168-and substance [abuse] use disorder services, including consumers and
169-providers of such services who are familiar with the need for such House Bill No. 5419
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124+to treatment; (B) the provision of comprehensive assessments to those 80
125+requesting treatment, including individuals with co-occurring 81
126+conditions; (C) quality of treatment services and promotion of research-82
127+based and evidence-based best practices and models; (D) an appropriate 83
128+array of prevention, treatment and recovery services along with a 84
129+sustained continuum of care; (E) outcome measures of specific 85
130+treatment and recovery services in the overall system of care; (F) 86
131+information regarding the status of treatment program availability for 87
132+pregnant women, including statistical and demographic data 88
133+concerning pregnant women and women with children in treatment 89
134+and on waiting lists for treatment; (G) department policies and 90
135+guidelines concerning recovery-oriented care; (H) provisions of the 91
136+community reentry strategy concerning substance abuse treatment and 92
137+recovery services needed by the offender population as developed by 93
138+the Criminal Justice Policy and Planning Division within the Office of 94
139+Policy and Management; (I) an evaluation of the Connecticut Alcohol 95
140+and Drug Policy Council's plan described in section 17a-667 and any 96
141+recommendations for changes to such plan; and (J) a summary of data 97
142+maintained in the central repository, described in subsection (o) of this 98
143+section. The plan shall define measures and set benchmarks for the 99
144+overall treatment system and for each state-operated program. 100
145+Measures and benchmarks specified in the plan shall include, but not be 101
146+limited to, the time required to receive substance abuse assessments and 102
147+treatment services either from state agencies directly or through the 103
148+private provider network funded by state agencies, the percentage of 104
149+clients who should receive a treatment episode of ninety days or greater, 105
150+treatment provision rates with respect to those requesting treatment, 106
151+connection to the appropriate level of care rates, treatment completion 107
152+rates and treatment success rates as measured by improved client 108
153+outcomes in the areas of substance use, employment, housing and 109
154+involvement with the criminal justice system. 110
155+Sec. 4. Section 17a-456 of the general statutes is repealed and the 111
156+following is substituted in lieu thereof (Effective from passage): 112 Raised Bill No. 5419
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173-services, except that no more than half of the members of the board shall
174-be providers of such services. Appointed members shall serve on the
175-board for terms of four years each and members who are designees shall
176-serve on the board at the pleasure of the designating authority. No
177-appointed member of the board shall be employed by the state or be a
178-member of the staff of any institution for which such member's
179-compensation is paid wholly by the state. A majority of the board shall
180-constitute a quorum.
181-(b) On and after October 1, 2022, there shall be a Board of Mental
182-Health and Addiction Services that shall consist of (1) nineteen members
183-appointed by the Governor, subject to the provisions of section 4-9a, five
184-of whom shall have lived experience with substance use disorders, five
185-of whom shall have lived experience with a mental health diagnosis, five
186-of whom shall be behavioral health practitioners licensed to practice in
187-the state, two of whom shall be persons representing families of
188-individuals with behavioral health disorders, and two of whom shall be
189-persons representing families of individuals recovering from substance
190-use disorders; and (2) five members appointed by the Commissioner of
191-Mental Health and Addiction Services, each of whom shall represent a
192-regional behavioral health action organization described in section 1 of
193-this act. The Governor shall appoint a chairperson from among the
194-members of the board. The members of the board shall serve without
195-compensation except for necessary expenses incurred in performing
196-their duties. The members of the board may include representatives of
197-nongovernment organizations or groups, and of state agencies,
198-concerned with planning, operation or utilization of facilities providing
199-mental health and substance use disorder services, including consumers
200-and providers of such services who are familiar with the need for such
201-services, except that no more than half of the members of the board shall
202-be providers of such services. Members shall serve on the board for
203-terms of four years. No member of the board shall be employed by the
204-state or be a member of the staff of any institution for which such House Bill No. 5419
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208-member's compensation is paid wholly by the state. A majority of the
209-board shall constitute a quorum.
210-Sec. 5. Section 17a-470 of the general statutes is repealed and the
211-following is substituted in lieu thereof (Effective from passage):
212-Each state hospital, state-operated facility or the Whiting Forensic
213-Hospital for the treatment of persons with psychiatric disabilities or
214-persons with substance use disorders, or both, except the Connecticut
215-Mental Health Center, may have an advisory board appointed by the
216-superintendent or director of the facility for terms to be decided by such
217-superintendent or director. In any case where the present number of
218-members of an advisory board is less than the number of members
219-designated by the superintendent or director of the facility, he shall
220-appoint additional members to such board in accordance with this
221-section in such manner that the terms of an approximately equal
222-number of members shall expire in each odd-numbered year. The
223-superintendent or director shall fill any vacancy that may occur for the
224-unexpired portion of any term. No member may serve more than two
225-successive terms plus the balance of any unexpired term to which he
226-had been appointed. The superintendent or director of the facility shall
227-be an ex-officio member of the advisory board. Each member of an
228-advisory board of a state-operated facility within the Department of
229-Mental Health and Addiction Services assigned a geographical territory
230-shall be a resident of the assigned geographical territory. Members of
231-said advisory boards shall receive no compensation for their services
232-but shall be reimbursed for necessary expenses involved in the
233-performance of their duties. At least one-third of such members shall be
234-from [a substance abuse subregional planning and action council
235-established pursuant to section 17a-671] regional behavioral health
236-action organizations, established pursuant to section 1 of this act, and at
237-least one-third shall be members of the catchment area councils, as
238-provided in section 17a-483, as amended by this act, for the catchment House Bill No. 5419
163+There shall be a Board of Mental Health and Addiction Services that 113
164+shall consist of: (1) Nineteen members appointed by the Governor, 114
165+subject to the provisions of section 4-9a, five of whom shall have had 115
166+experience in the field of substance abuse, five of whom shall be from 116
167+the mental health community, three of whom shall be physicians 117
168+licensed to practice medicine in this state who have had experience in 118
169+the field of psychiatry, two of whom shall be psychologists licensed to 119
170+practice in this state, two of whom shall be persons representing families 120
171+of individuals with psychiatric disabilities, and two of whom shall be 121
172+persons representing families of individuals recovering from substance 122
173+use disorders; and (2) [the chairmen of the regional mental health boards 123
174+established pursuant to section 17a-484; (3) one designee of each such 124
175+board; (4) two designees from each of the five subregions represented 125
176+by the substance abuse subregional planning and action councils 126
177+established pursuant to section 17a-671; (5) one designee from each 127
178+mental health region established pursuant to section 17a-478, each of 128
179+whom shall represent individuals with psychiatric disabilities, selected 129
180+by such regional mental health boards in collaboration with advocacy 130
181+groups; and (6) one designee from each of the five subregions 131
182+represented by such substance abuse subregional planning and action 132
183+councils, each of whom shall represent individuals recovering from 133
184+substance use disorders, selected by such substance abuse subregional 134
185+planning and action councils in collaboration with advocacy groups.] 135
186+two designees, one of whom shall have experience in treating or 136
187+providing services for individuals with psychiatric disabilities and one 137
188+of whom shall have experience in treating or providing services for 138
189+persons recovering from substance use disorders from each of the 139
190+regional behavioral health action organizations established pursuant to 140
191+section 1 of this act. The members of the board shall serve without 141
192+compensation except for necessary expenses incurred in performing 142
193+their duties. The members of the board may include representatives of 143
194+nongovernment organizations or groups, and of state agencies, 144
195+concerned with planning, operation or utilization of facilities providing 145
196+mental health and substance abuse services, including consumers and 146
197+providers of such services who are familiar with the need for such 147 Raised Bill No. 5419
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242-areas served by such facility, except that members serving as of October
243-1, 1977, shall serve out their terms.
244-Sec. 6. Section 17a-476 of the general statutes is repealed and the
245-following is substituted in lieu thereof (Effective from passage):
246-(a) Any general hospital, municipality or nonprofit organization in
247-Connecticut may apply to the Department of Mental Health and
248-Addiction Services for funds to establish, expand or maintain
249-psychiatric or mental health services. The application for funds shall be
250-submitted on forms provided by the Department of Mental Health and
251-Addiction Services, and shall be accompanied by (1) a definition of the
252-towns and areas to be served; (2) a plan by means of which the applicant
253-proposes to coordinate its activities with those of other local agencies
254-presently supplying mental health services or contributing in any way
255-to the mental health of the area; (3) a description of the services to be
256-provided, and the methods through which these services will be
257-provided; and (4) indication of the methods that will be employed to
258-effect a balance in the use of state and local resources so as to foster local
259-initiative, responsibility and participation. In accordance with
260-subdivision (4) of section 17a-480, as amended by this act, [and
261-subdivisions (1) and (2) of subsection (a) of section 17a-484, the regional
262-mental health board] the regional behavioral action organization
263-serving the mental health region in which the applicant is located shall
264-review each such application with the Department of Mental Health and
265-Addiction Services and make recommendations to the department with
266-respect to each such application.
267-(b) Upon receipt of the application with the recommendations of the
268-[regional mental health board] regional behavioral action organization
269-and approval by the Department of Mental Health and Addiction
270-Services, the department shall grant such funds by way of a contract or
271-grant-in-aid within the appropriation for any annual fiscal year. No
272-funds authorized by this section shall be used for the construction or House Bill No. 5419
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204+services, except that no more than half of the members of the board shall 148
205+be providers of such services. Appointed members shall serve on the 149
206+board for terms of four years each and members who are designees shall 150
207+serve on the board at the pleasure of the designating authority. No 151
208+appointed member of the board shall be employed by the state or be a 152
209+member of the staff of any institution for which such member's 153
210+compensation is paid wholly by the state. A majority of the board shall 154
211+constitute a quorum. 155
212+Sec. 5. Section 17a-470 of the general statutes is repealed and the 156
213+following is substituted in lieu thereof (Effective from passage): 157
214+Each state hospital, state-operated facility or the Whiting Forensic 158
215+Hospital for the treatment of persons with psychiatric disabilities or 159
216+persons with substance use disorders, or both, except the Connecticut 160
217+Mental Health Center, may have an advisory board appointed by the 161
218+superintendent or director of the facility for terms to be decided by such 162
219+superintendent or director. In any case where the present number of 163
220+members of an advisory board is less than the number of members 164
221+designated by the superintendent or director of the facility, he shall 165
222+appoint additional members to such board in accordance with this 166
223+section in such manner that the terms of an approximately equal 167
224+number of members shall expire in each odd-numbered year. The 168
225+superintendent or director shall fill any vacancy that may occur for the 169
226+unexpired portion of any term. No member may serve more than two 170
227+successive terms plus the balance of any unexpired term to which he 171
228+had been appointed. The superintendent or director of the facility shall 172
229+be an ex-officio member of the advisory board. Each member of an 173
230+advisory board of a state-operated facility within the Department of 174
231+Mental Health and Addiction Services assigned a geographical territory 175
232+shall be a resident of the assigned geographical territory. Members of 176
233+said advisory boards shall receive no compensation for their services 177
234+but shall be reimbursed for necessary expenses involved in the 178
235+performance of their duties. At least one-third of such members shall be 179
236+from [a substance abuse subregional planning and action council 180 Raised Bill No. 5419
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276-renovation of buildings.
277-(c) The Commissioner of Mental Health and Addiction Services may
278-adopt regulations, in accordance with the provisions of chapter 54,
279-concerning minimum standards for eligibility to receive said state
280-contracted funds and any grants-in-aid. Any such funds or grants-in-aid
281-made by the Department of Mental Health and Addiction Services for
282-psychiatric or mental health services shall be made directly to the
283-agency submitting the application and providing such service or
284-services.
285-Sec. 7. Section 17a-480 of the general statutes is repealed and the
286-following is substituted in lieu thereof (Effective from passage):
287-The Department of Mental Health and Addiction Services, in
288-consultation with [regional mental health boards as established by
289-subsection (c) of section 17a-483] regional behavioral action
290-organizations, established pursuant to section 1 of this act, (1) may
291-purchase services from other public agencies and from municipal and
292-private agencies, (2) shall supervise, plan and coordinate mental health
293-services with the goal of improving and expanding existing services and
294-providing new ones, (3) shall develop joint programs in conformity with
295-Department of Mental Health and Addiction Services standards, (4)
296-shall make recommendations concerning all requests for grants and all
297-contract proposals emanating from the regions, (5) shall evaluate mental
298-health service delivery and monitor such services to insure that they are
299-in conformity with the plans and policies of the Department of Mental
300-Health and Addiction Services, and (6) shall report annually to the
301-Board of Mental Health and Addiction Services on the status of
302-programs and needs of the regions.
303-Sec. 8. Section 17a-482 of the general statutes is repealed and the
304-following is substituted in lieu thereof (Effective from passage): House Bill No. 5419
305238
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307242
308-As used in subsection (a) of section 17a-476, as amended by this act,
309-sections 17a-478 to 17a-480, inclusive, as amended by this act, and
310-sections 17a-482, as amended by this act, [to 17a-484, inclusive] and 17a-
311-483, as amended by this act, unless the context otherwise requires:
312-"Catchment area" means any geographical area within the state
313-established as such by the Commissioner of Mental Health and
314-Addiction Services, the boundaries of which may be redesignated by
315-said commissioner when deemed necessary to equalize the population
316-of each area and in such manner as is consistent with the boundaries of
317-the municipalities therein, provided such boundaries of any catchment
318-area shall be entirely within the boundaries of a mental health region
319-established under section 17a-478, as amended by this act; "council"
320-means the catchment area council established under section 17a-483, as
321-amended by this act; ["regional mental health board" means the board
322-appointed within each mental health region under subsection (c) of
323-section 17a-483] "regional behavioral action organization" means the
324-organization established pursuant to section 1 of this act; and "provider"
325-means any person who receives income from private practice or any
326-public or private agency which delivers mental health services.
327-Sec. 9. Section 17a-483 of the general statutes is repealed and the
328-following is substituted in lieu thereof (Effective from passage):
329-(a) Each catchment area council shall consist of one representative
330-from each town or portion thereof located within the same catchment
331-area, except that if a catchment area consists of (1) only two towns or
332-portions thereof, three representatives shall be appointed from each
333-town or portion thereof, or (2) only one town or portion thereof, seven
334-representatives shall be appointed. Such representatives shall be
335-consumers and shall be appointed by the first selectmen, mayor or
336-governing official of such town or portion thereof. The representatives
337-appointed shall elect by majority vote an additional number of
338-representatives, which number shall not exceed the number initially House Bill No. 5419
243+established pursuant to section 17a-671,] regional behavioral health 181
244+action organizations, established pursuant to section 1 of this act and at 182
245+least one-third shall be members of the catchment area councils, as 183
246+provided in section 17a-483, as amended by this act, for the catchment 184
247+areas served by such facility, except that members serving as of October 185
248+1, 1977, shall serve out their terms. 186
249+Sec. 6. Section 17a-476 of the general statutes is repealed and the 187
250+following is substituted in lieu thereof (Effective from passage): 188
251+(a) Any general hospital, municipality or nonprofit organization in 189
252+Connecticut may apply to the Department of Mental Health and 190
253+Addiction Services for funds to establish, expand or maintain 191
254+psychiatric or mental health services. The application for funds shall be 192
255+submitted on forms provided by the Department of Mental Health and 193
256+Addiction Services, and shall be accompanied by (1) a definition of the 194
257+towns and areas to be served; (2) a plan by means of which the applicant 195
258+proposes to coordinate its activities with those of other local agencies 196
259+presently supplying mental health services or contributing in any way 197
260+to the mental health of the area; (3) a description of the services to be 198
261+provided, and the methods through which these services will be 199
262+provided; and (4) indication of the methods that will be employed to 200
263+effect a balance in the use of state and local resources so as to foster local 201
264+initiative, responsibility and participation. In accordance with 202
265+subdivision (4) of section 17a-480, as amended by this act, [and 203
266+subdivisions (1) and (2) of subsection (a) of section 17a-484, the regional 204
267+mental health board] the regional behavioral action organization 205
268+serving the mental health region in which the applicant is located shall 206
269+review each such application with the Department of Mental Health and 207
270+Addiction Services and make recommendations to the department with 208
271+respect to each such application. 209
272+(b) Upon receipt of the application with the recommendations of the 210
273+[regional mental health board] regional behavioral action organization 211
274+and approval by the Department of Mental Health and Addiction 212
275+Services, the department shall grant such funds by way of a contract or 213 Raised Bill No. 5419
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341277
342-appointed. Not less than fifty-one per cent and not more than sixty per
343-cent of the total catchment area council membership shall be
344-[consumers] persons with lived experience of a behavioral health
345-disorder.
346-(b) Each catchment area council shall study and evaluate the delivery
347-of mental health services in its respective catchment area in accordance
348-with regulations adopted by the Commissioner of Mental Health and
349-Addiction Services. Each council shall make such reports and
350-recommendations to the [regional mental health boards as such boards]
351-regional behavioral health action organizations as such organizations
352-may require or which the catchment area council may deem necessary.
353-(c) Each catchment area council shall elect four members of its council
354-to serve as members of the [regional mental health board] regional
355-behavioral health action organization of the region in which it is located,
356-not more than two of whom shall be providers of mental health services.
357-The [regional mental health boards] regional behavioral health action
358-organizations shall consist of the members elected by the catchment area
359-councils and one representative designated by the Commissioner of
360-Mental Health and Addiction Services from each state-operated facility
361-serving the region.
362-(d) Members of catchment area councils shall receive no
363-compensation for their services but may be reimbursed by the
364-Department of Mental Health and Addiction Services for necessary
365-expenses incurred in the performance of their duties.
366-Sec. 10. Subsection (a) of section 17a-713 of the 2022 supplement to
367-the general statutes is repealed and the following is substituted in lieu
368-thereof (Effective from passage):
369-(a) The Department of Mental Health and Addiction Services shall
370-establish a program for the treatment and rehabilitation of compulsive House Bill No. 5419
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282+grant-in-aid within the appropriation for any annual fiscal year. No 214
283+funds authorized by this section shall be used for the construction or 215
284+renovation of buildings. 216
285+(c) The Commissioner of Mental Health and Addiction Services may 217
286+adopt regulations, in accordance with the provisions of chapter 54, 218
287+concerning minimum standards for eligibility to receive said state 219
288+contracted funds and any grants-in-aid. Any such funds or grants-in-aid 220
289+made by the Department of Mental Health and Addiction Services for 221
290+psychiatric or mental health services shall be made directly to the 222
291+agency submitting the application and providing such service or 223
292+services. 224
293+Sec. 7. Section 17a-480 of the general statutes is repealed and the 225
294+following is substituted in lieu thereof (Effective from passage): 226
295+The Department of Mental Health and Addiction Services, in 227
296+consultation with [regional mental health boards as established by 228
297+subsection (c) of section 17a-483] regional behavioral action 229
298+organizations, established pursuant to section 1 of this act, (1) may 230
299+purchase services from other public agencies and from municipal and 231
300+private agencies, (2) shall supervise, plan and coordinate mental health 232
301+services with the goal of improving and expanding existing services and 233
302+providing new ones, (3) shall develop joint programs in conformity with 234
303+Department of Mental Health and Addiction Services standards, (4) 235
304+shall make recommendations concerning all requests for grants and all 236
305+contract proposals emanating from the regions, (5) shall evaluate mental 237
306+health service delivery and monitor such services to insure that they are 238
307+in conformity with the plans and policies of the Department of Mental 239
308+Health and Addiction Services, and (6) shall report annually to the 240
309+Board of Mental Health and Addiction Services on the status of 241
310+programs and needs of the regions. 242
311+Sec. 8. Section 17a-482 of the general statutes is repealed and the 243
312+following is substituted in lieu thereof (Effective from passage): 244 Raised Bill No. 5419
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374-gamblers in the state. The program shall provide prevention, treatment
375-and rehabilitation services for chronic gamblers. The department may
376-enter into agreements with [subregional planning and action councils]
377-regional behavioral health action organizations and nonprofit
378-organizations to assist in providing these services, provided not less
379-than twenty-five per cent of the amount received pursuant to section 12-
380-818 annually shall be set aside for contracts with [subregional planning
381-and action councils established pursuant to section 17a-671] regional
382-behavioral health action organizations established pursuant to section 1
383-of this act and nonprofit organizations and not less than five per cent of
384-the amount received pursuant to section 12-818 annually shall be set
385-aside for a contract with the Connecticut Council on Problem Gambling.
386-The department may impose a reasonable fee, on a sliding scale, on
387-those participants who can afford to pay for any such services. The
388-department shall implement such program when the account
389-established under subsection (b) of this section is sufficient to meet
390-initial operating expenses. As used in this section, "chronic gambler"
391-means a person who is chronically and progressively preoccupied with
392-gambling and the urge to gamble, and with gambling behavior that
393-compromises, disrupts or damages personal, family or vocational
394-pursuits.
395-Sec. 11. Section 19a-507a of the general statutes is repealed and the
396-following is substituted in lieu thereof (Effective from passage):
397-As used in section 8-3g and sections 19a-507a to 19a-507d, inclusive:
398-(1) "Mentally ill adult" means any adult who has a mental or emotional
399-condition which has substantial adverse effects on his ability to function
400-and who requires care and treatment but shall not mean any adult who
401-is dangerous to himself or herself or others, as defined in section 17a-
402-495, as amended by this act, or who is an alcohol-dependent person or
403-a drug-dependent person, as defined in section 17a-680, as amended by
404-this act, or who has been placed in any community-based residential House Bill No. 5419
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408-home by order of the Superior Court or has been released to any
409-community-based residential home by the Department of Correction or
410-any person found not competent to stand trial for any crime pursuant to
411-section 54-56d or committed pursuant to sections 17a-580 to 17a-602,
412-inclusive; and (2) ["regional mental health board" means a regional
413-mental health board, as defined in section 17a-482; (3)] "community
414-residence" means a facility which houses the staff of such facility and
415-eight or fewer mentally ill adults which is licensed by the Commissioner
416-of Public Health and which provides supervised, structured group
417-living activities and psychosocial rehabilitation and other support
418-services to mentally ill adults discharged from a state-operated or
419-licensed facility or referred by a licensed physician specializing in
420-psychiatry or a licensed psychologist.
421-Sec. 12. Section 19a-507b of the general statutes is repealed and the
422-following is substituted in lieu thereof (Effective from passage):
423-(a) No community residence shall be established on or after July 1,
424-1984, within one thousand feet of any other community residence. If
425-more than one community residence is proposed to be established in
426-any municipality, the total capacity of all community residences in the
427-municipality in which such residence is proposed to be established shall
428-not exceed one-tenth of one per cent of the population of such
429-municipality.
430-(b) Any resident of a municipality in which a community residence is
431-or will be located may, through the chief executive officer of the
432-municipality, or the legislative body of such municipality may, petition
433-the Commissioner of Public Health to deny an application for a license
434-to operate a community residence on the grounds that the operation of
435-such a community residence would be in violation of the limits
436-established under subsection (a) of this section.
437-(c) An applicant for a license to operate a community residence shall House Bill No. 5419
319+As used in subsection (a) of section 17a-476, as amended by this act, 245
320+sections 17a-478 to 17a-480, inclusive, as amended by this act, and 246
321+sections 17a-482, as amended by this act, and [to 17a-484, inclusive] 17a-247
322+483, as amended by this act, unless the context otherwise requires: 248
323+"Catchment area" means any geographical area within the state 249
324+established as such by the Commissioner of Mental Health and 250
325+Addiction Services, the boundaries of which may be redesignated by 251
326+said commissioner when deemed necessary to equalize the population 252
327+of each area and in such manner as is consistent with the boundaries of 253
328+the municipalities therein, provided such boundaries of any catchment 254
329+area shall be entirely within the boundaries of a mental health region 255
330+established under section 17a-478, as amended by this act; "council" 256
331+means the catchment area council established under section 17a-483, as 257
332+amended by this act; ["regional mental health board" means the board 258
333+appointed within each mental health region under subsection (c) of 259
334+section 17a-483] "regional behavioral action organization" means the 260
335+organization established pursuant to section 1 of this act; and "provider" 261
336+means any person who receives income from private practice or any 262
337+public or private agency which delivers mental health services. 263
338+Sec. 9. Section 17a-483 of the general statutes is repealed and the 264
339+following is substituted in lieu thereof (Effective from passage): 265
340+(a) Each catchment area council shall consist of one representative 266
341+from each town or portion thereof located within the same catchment 267
342+area, except that if a catchment area consists of (1) only two towns or 268
343+portions thereof, three representatives shall be appointed from each 269
344+town or portion thereof or (2) only one town or portion thereof, seven 270
345+representatives shall be appointed. Such representatives shall be 271
346+consumers and shall be appointed by the first selectmen, mayor or 272
347+governing official of such town or portion thereof. The representatives 273
348+appointed shall elect by majority vote an additional number of 274
349+representatives, which number shall not exceed the number initially 275
350+appointed. Not less than fifty-one per cent and not more than sixty per 276
351+cent of the total catchment area council membership shall be 277 Raised Bill No. 5419
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439-Public Act No. 22-69 14 of 29
440353
441-mail a copy of the application made to the Department of Public Health
442-to [the regional mental health board and] the governing body of the
443-municipality in which the community residence is to be located, by
444-certified mail, return receipt requested. All applications shall specify the
445-number of community residences in the municipality, the address of
446-each such residence and the number of residents in each and the address
447-of the proposed community residence, and shall include population and
448-occupancy statistics reflecting compliance with the limits established
449-pursuant to subsection (a) of this section.
450-(d) The Commissioner of Public Health shall not issue a license for a
451-community residence until the applicant has submitted proof that the
452-mailing required by subsection (c) of this section has been made and
453-until at least thirty days have elapsed since the receipt of such mailing
454-by all required recipients.
455-Sec. 13. Subsection (a) of section 17a-450a of the general statutes is
456-repealed and the following is substituted in lieu thereof (Effective from
457-passage):
458-(a) The Department of Mental Health and Addiction Services shall
459-constitute a successor department to the Department of Mental Health.
460-Whenever the words "Commissioner of Mental Health" are used or
461-referred to in the following general statutes, the words "Commissioner
462-of Mental Health and Addiction Services" shall be substituted in lieu
463-thereof and whenever the words "Department of Mental Health" are
464-used or referred to in the following general statutes, the words
465-"Department of Mental Health and Addiction Services" shall be
466-substituted in lieu thereof: 4-5, 4-38c, 4-77a, 4a-12, 4a-16, 5-142, 8-206d,
467-10-19, 10-71, 10-76d, 17a-14, 17a-26, 17a-31, 17a-33, 17a-218, 17a-246, 17a-
468-450, 17a-451, as amended by this act, 17a-453, 17a-454, 17a-455, 17a-456,
469-as amended by this act, 17a-457, 17a-458, 17a-459, 17a-460, 17a-464, 17a-
470-465, 17a-466, 17a-467, 17a-468, 17a-470, as amended by this act, 17a-471,
471-17a-472, 17a-473, 17a-474, 17a-476, as amended by this act, 17a-478, as House Bill No. 5419
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358+[consumers] persons with lived experience of a behavioral health 278
359+disorder. 279
360+(b) Each catchment area council shall study and evaluate the delivery 280
361+of mental health services in its respective catchment area in accordance 281
362+with regulations adopted by the Commissioner of Mental Health and 282
363+Addiction Services. Each council shall make such reports and 283
364+recommendations to the [regional mental health boards as such boards] 284
365+regional behavioral health action organizations as such organizations 285
366+may require or which the catchment area council may deem necessary. 286
367+(c) Each catchment area council shall elect four members of its council 287
368+to serve as members of the [regional mental health board] regional 288
369+behavioral health action organization of the region in which it is located, 289
370+not more than two of whom shall be providers of mental health services. 290
371+The [regional mental health boards] regional behavioral health action 291
372+organizations shall consist of the members elected by the catchment area 292
373+councils and one representative designated by the Commissioner of 293
374+Mental Health and Addiction Services from each state-operated facility 294
375+serving the region. 295
376+(d) Members of catchment area councils shall receive no 296
377+compensation for their services but may be reimbursed by the 297
378+Department of Mental Health and Addiction Services for necessary 298
379+expenses incurred in the performance of their duties. 299
380+Sec. 10. Subsection (a) of section 17a-713 of the 2022 supplement to 300
381+the general statutes is repealed and the following is substituted in lieu 301
382+thereof (Effective from passage): 302
383+(a) The Department of Mental Health and Addiction Services shall 303
384+establish a program for the treatment and rehabilitation of compulsive 304
385+gamblers in the state. The program shall provide prevention, treatment 305
386+and rehabilitation services for chronic gamblers. The department may 306
387+enter into agreements with [subregional planning and action councils] 307
388+regional behavioral health action organizations and nonprofit 308 Raised Bill No. 5419
474389
475-amended by this act, 17a-479, 17a-480, as amended by this act, 17a-481,
476-17a-482, as amended by this act, 17a-483, as amended by this act, [17a-
477-484,] 17a-498, as amended by this act, 17a-499, as amended by this act,
478-17a-502, 17a-506, 17a-510, 17a-511, 17a-512, 17a-513, 17a-519, as
479-amended by this act, 17a-528, as amended by this act, 17a-560, 17a-561,
480-17a-562, 17a-565, 17a-581, 17a-582, 17a-675, 17b-28, 17b-59a, 17b-222,
481-17b-223, 17b-225, 17b-359, 17b-694, 19a-82, 19a-495, 19a-498, 19a-507a, as
482-amended by this act, 19a-576, 19a-583, 20-14i, 20-14j, 21a-240, 21a-301,
483-27-122a, 31-222, 38a-514, 46a-28, 51-51o, 52-146h and 54-56d.
484-Sec. 14. Section 17a-478 of the general statutes is repealed and the
485-following is substituted in lieu thereof (Effective from passage):
486-The Commissioner of Mental Health and Addiction Services shall
487-designate mental health regions within the state. Such regions and
488-boundaries thereof may be redesignated by said commissioner as he
489-deems necessary. For the purposes of sections 17a-476, as amended by
490-this act, and 17a-478 to 17a-480, inclusive, as amended by this act,
491-"community mental health services" means comprehensive services,
492-both medical and nonmedical, designed to (1) decrease the prevalence
493-and incidence of psychiatric disabilities, emotional disturbance and
494-social disfunctioning, and (2) promote mental health in individuals,
495-groups and institutions and includes, but is not limited to, the following:
496-Outreach and case finding, inpatient treatment, outpatient treatment,
497-partial hospitalization, diagnosis and screening, aftercare and
498-rehabilitation, education, consultation, emergency services, research,
499-evaluation, training and services to the courts. The Commissioner of
500-Mental Health and Addiction Services may enter into such contracts for
501-services as may be required to carry out the provisions of subsection (a)
502-of section 17a-476, as amended by this act, sections 17a-478 to 17a-480,
503-inclusive, as amended by this act, and sections 17a-482, as amended by
504-this act, [to 17a-484, inclusive] and 17a-483, as amended by this act.
505-Sec. 15. Subsections (b) to (d), inclusive, of section 17a-495 of the House Bill No. 5419
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509-general statutes are repealed and the following is substituted in lieu
510-thereof (Effective from passage):
511-(b) For the purposes of this section, sections 17a-450 to [17a-484] 17a-
512-483, inclusive, as amended by this act, 17a-496 to 17a-528, inclusive, as
513-amended by this act, 17a-540 to 17a-550, inclusive, and 17a-560 to 17a-
514-575, inclusive, the following terms shall have the following meanings:
515-"Business day" means Monday to Friday, inclusive, except when a legal
516-holiday falls on any such day; "hospital for persons with psychiatric
517-disabilities" means any public or private hospital, retreat, institution,
518-house or place in which any person with psychiatric disabilities is
519-received or detained as a patient, but shall not include any correctional
520-institution of this state; "patient" means any person detained and taken
521-care of as a person with psychiatric disabilities; "keeper of a hospital for
522-persons with psychiatric disabilities" means any person, body of
523-persons or corporation which has the immediate superintendence,
524-management and control of a hospital for persons with psychiatric
525-disabilities and the patients therein; "support" includes all necessary
526-food, clothing and medicine and all general expenses of maintaining
527-state hospitals for persons with psychiatric disabilities; "indigent
528-person" means any person who has an estate insufficient, in the
529-judgment of the Court of Probate, to provide for his or her support and
530-has no person or persons legally liable who are able to support him or
531-her; "dangerous to himself or herself or others" means there is a
532-substantial risk that physical harm will be inflicted by an individual
533-upon his or her own person or upon another person; "gravely disabled"
534-means that a person, as a result of mental or emotional impairment, is
535-in danger of serious harm as a result of an inability or failure to provide
536-for his or her own basic human needs such as essential food, clothing,
537-shelter or safety and that hospital treatment is necessary and available
538-and that such person is mentally incapable of determining whether or
539-not to accept such treatment because his judgment is impaired by his
540-psychiatric disabilities; "respondent" means a person who is alleged to House Bill No. 5419
395+organizations to assist in providing these services, provided not less 309
396+than twenty-five per cent of the amount received pursuant to section 12-310
397+818 annually shall be set aside for contracts with [subregional planning 311
398+and action councils established pursuant to section 17a-671] regional 312
399+behavioral health action organizations established pursuant to section 1 313
400+of this act and nonprofit organizations and not less than five per cent of 314
401+the amount received pursuant to section 12-818 annually shall be set 315
402+aside for a contract with the Connecticut Council on Problem Gambling. 316
403+The department may impose a reasonable fee, on a sliding scale, on 317
404+those participants who can afford to pay for any such services. The 318
405+department shall implement such program when the account 319
406+established under subsection (b) of this section is sufficient to meet 320
407+initial operating expenses. As used in this section, "chronic gambler" 321
408+means a person who is chronically and progressively preoccupied with 322
409+gambling and the urge to gamble, and with gambling behavior that 323
410+compromises, disrupts or damages personal, family or vocational 324
411+pursuits. 325
412+Sec. 11. Section 19a-507a of the general statutes is repealed and the 326
413+following is substituted in lieu thereof (Effective from passage): 327
414+As used in section 8-3g and sections 19a-507a to 19a-507d, inclusive: 328
415+(1) "Mentally ill adult" means any adult who has a mental or emotional 329
416+condition which has substantial adverse effects on his ability to function 330
417+and who requires care and treatment but shall not mean any adult who 331
418+is dangerous to himself or herself or others, as defined in section 17a-332
419+495, as amended by this act, or who is an alcohol-dependent person or 333
420+a drug-dependent person, as defined in section 17a-680, as amended by 334
421+this act, or who has been placed in any community-based residential 335
422+home by order of the Superior Court or has been released to any 336
423+community-based residential home by the Department of Correction or 337
424+any person found not competent to stand trial for any crime pursuant to 338
425+section 54-56d or committed pursuant to sections 17a-580 to 17a-602, 339
426+inclusive; and (2) ["regional mental health board" means a regional 340
427+mental health board, as defined in section 17a-482; (3)] "community 341 Raised Bill No. 5419
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544-have psychiatric disabilities and for whom an application for
545-commitment to a hospital for persons with psychiatric disabilities has
546-been filed; "voluntary patient" means any patient sixteen years of age or
547-older who applies in writing to and is admitted to a hospital for persons
548-with psychiatric disabilities as a person with psychiatric disabilities or
549-any patient under sixteen years of age whose parent or legal guardian
550-applies in writing to such hospital for admission of such patient; and
551-"involuntary patient" means any patient hospitalized pursuant to an
552-order of a judge of the Probate Court after an appropriate hearing or a
553-patient hospitalized for emergency diagnosis, observation or treatment
554-upon certification of a qualified physician.
555-(c) For the purposes of this section and sections 17a-496 to 17a-528,
556-inclusive, as amended by this act, "person with psychiatric disabilities"
557-means any person who has a mental or emotional condition which has
558-substantial adverse effects on his or her ability to function and who
559-requires care and treatment, and specifically excludes a person who is
560-an alcohol-dependent person or a drug-dependent person, as defined in
561-section 17a-680, as amended by this act.
562-(d) For the purposes of sections 17a-453, 17a-454, 17a-456, as
563-amended by this act, 17a-458 to 17a-464, inclusive, 17a-466 to 17a-469,
564-inclusive, 17a-471, 17a-474, 17a-476 to [17a-484] 17a-483, inclusive, as
565-amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575,
566-inclusive, and 17a-615 to 17a-618, inclusive, "person with psychiatric
567-disabilities" means any person who has a mental or emotional condition
568-which has substantial adverse effects on his or her ability to function
569-and who requires care and treatment, and specifically includes a person
570-who is an alcohol-dependent person or a drug-dependent person, as
571-defined in section 17a-680, as amended by this act.
572-Sec. 16. Section 17a-496 of the general statutes is repealed and the
573-following is substituted in lieu thereof (Effective from passage): House Bill No. 5419
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575-Public Act No. 22-69 18 of 29
434+residence" means a facility which houses the staff of such facility and 342
435+eight or fewer mentally ill adults which is licensed by the Commissioner 343
436+of Public Health and which provides supervised, structured group 344
437+living activities and psychosocial rehabilitation and other support 345
438+services to mentally ill adults discharged from a state-operated or 346
439+licensed facility or referred by a licensed physician specializing in 347
440+psychiatry or a licensed psychologist. 348
441+Sec. 12. Section 19a-507b of the general statutes is repealed and the 349
442+following is substituted in lieu thereof (Effective from passage): 350
443+(a) No community residence shall be established on or after July 1, 351
444+1984, within one thousand feet of any other community residence. If 352
445+more than one community residence is proposed to be established in 353
446+any municipality, the total capacity of all community residences in the 354
447+municipality in which such residence is proposed to be established shall 355
448+not exceed one-tenth of one per cent of the population of such 356
449+municipality. 357
450+(b) Any resident of a municipality in which a community residence is 358
451+or will be located may, through the chief executive officer of the 359
452+municipality, or the legislative body of such municipality may, petition 360
453+the Commissioner of Public Health to deny an application for a license 361
454+to operate a community residence on the grounds that the operation of 362
455+such a community residence would be in violation of the limits 363
456+established under subsection (a) of this section. 364
457+(c) An applicant for a license to operate a community residence shall 365
458+mail a copy of the application made to the Department of Public Health 366
459+to [the regional mental health board and] the governing body of the 367
460+municipality in which the community residence is to be located, by 368
461+certified mail, return receipt requested. All applications shall specify the 369
462+number of community residences in the municipality, the address of 370
463+each such residence and the number of residents in each and the address 371
464+of the proposed community residence, and shall include population and 372
465+occupancy statistics reflecting compliance with the limits established 373 Raised Bill No. 5419
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577-Any keeper of a hospital for psychiatric disabilities who wilfully
578-violates any of the provisions of this section, sections 17a-75 to 17a-83,
579-inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as amended by this act,
580-17a-497 to 17a-528, inclusive, as amended by this act, 17a-540 to 17a-550,
581-inclusive, 17a-560 to 17a-575, inclusive, and 17a-615 to 17a-618,
582-inclusive, shall be fined not more than two hundred dollars or
583-imprisoned not more than one year or both.
584-Sec. 17. Subsection (b) of section 17a-497 of the general statutes is
585-repealed and the following is substituted in lieu thereof (Effective from
586-passage):
587-(b) Upon the motion of any respondent or his or her counsel, or the
588-probate judge having jurisdiction over such application, filed not later
589-than three days prior to any hearing scheduled on such application, the
590-Probate Court Administrator shall appoint a three-judge court from
591-among the probate judges to hear such application. The judge of the
592-Probate Court having jurisdiction over such application under the
593-provisions of this section shall be a member, provided such judge may
594-disqualify himself in which case all three members of such court shall
595-be appointed by the Probate Court Administrator. Such three-judge
596-court when convened shall have all the powers and duties set forth
597-under sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483,
598-inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, as
599-amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575,
600-inclusive, and 17a-615 to 17a-618, inclusive, and shall be subject to all of
601-the provisions of law as if it were a single-judge court. No such
602-respondent shall be involuntarily confined without the vote of at least
603-two of the three judges convened hereunder. The judges of such court
604-shall designate a chief judge from among their members. All records for
605-any case before the three-judge court shall be maintained in the Probate
606-Court having jurisdiction over the matter as if the three-judge court had
607-not been appointed. House Bill No. 5419
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610471
611-Sec. 18. Subsection (g) of section 17a-498 of the general statutes is
612-repealed and the following is substituted in lieu thereof (Effective from
613-passage):
614-(g) The hospital shall notify each patient at least annually that such
615-patient has a right to a further hearing pursuant to this section. If the
616-patient requests such hearing, it shall be held by the Probate Court for
617-the district in which the hospital is located. Any such request shall be
618-immediately filed with the appropriate court by the hospital. After such
619-request is filed with the Probate Court, it shall proceed in the manner
620-provided in subsections (a), (b), (c) and (f) of this section. In addition,
621-the hospital shall furnish the Probate Court for the district in which the
622-hospital is located on a monthly basis with a list of all patients confined
623-in the hospital involuntarily without release for one year since the last
624-annual review under this section of the patient's commitment or since
625-the original commitment. The hospital shall include in such notification
626-the type of review the patient last received. If the patient's last annual
627-review had a hearing, the Probate Court shall, within fifteen business
628-days thereafter, appoint an impartial physician who is a psychiatrist
629-from the list provided by the Commissioner of Mental Health and
630-Addiction Services as set forth in subsection (c) of this section and not
631-connected with the hospital in which the patient is confined or related
632-by blood or marriage to the original applicant or to the respondent,
633-which physician shall see and examine each such patient within fifteen
634-business days after such physician's appointment and make a report
635-forthwith to such court of the condition of the patient on forms provided
636-by the Probate Court Administrator. If the Probate Court concludes that
637-the confinement of any such patient should be reviewed by such court
638-for possible release of the patient, the court, on its own motion, shall
639-proceed in the manner provided in subsections (a), (b), (c) and (f) of this
640-section, except that the examining physician shall be considered one of
641-the physicians required by subsection (c) of this section. If the patient's
642-last annual review did not result in a hearing, and in any event at least House Bill No. 5419
472+pursuant to subsection (a) of this section. 374
473+(d) The Commissioner of Public Health shall not issue a license for a 375
474+community residence until the applicant has submitted proof that the 376
475+mailing required by subsection (c) of this section has been made and 377
476+until at least thirty days have elapsed since the receipt of such mailing 378
477+by all required recipients. 379
478+Sec. 13. Subsection (a) of section 17a-450a of the general statutes is 380
479+repealed and the following is substituted in lieu thereof (Effective from 381
480+passage): 382
481+(a) The Department of Mental Health and Addiction Services shall 383
482+constitute a successor department to the Department of Mental Health. 384
483+Whenever the words "Commissioner of Mental Health" are used or 385
484+referred to in the following general statutes, the words "Commissioner 386
485+of Mental Health and Addiction Services" shall be substituted in lieu 387
486+thereof and whenever the words "Department of Mental Health" are 388
487+used or referred to in the following general statutes, the words 389
488+"Department of Mental Health and Addiction Services" shall be 390
489+substituted in lieu thereof: 4-5, 4-38c, 4-77a, 4a-12, 4a-16, 5-142, 8-206d, 391
490+10-19, 10-71, 10-76d, 17a-14, 17a-26, 17a-31, 17a-33, 17a-218, 17a-246, 17a-392
491+450, 17a-451, as amended by this act, 17a-453, 17a-454, 17a-455, 17a-456, 393
492+as amended by this act, 17a-457, 17a-458, 17a-459, 17a-460, 17a-464, 17a-394
493+465, 17a-466, 17a-467, 17a-468, 17a-470, as amended by this act, 17a-471, 395
494+17a-472, 17a-473, 17a-474, 17a-476, as amended by this act, 17a-478, as 396
495+amended by this act, 17a-479, 17a-480, as amended by this act, 17a-481, 397
496+17a-482, as amended by this act, 17a-483, as amended by this act, [17a-398
497+484,] 17a-498, as amended by this act, 17a-499, as amended by this act, 399
498+17a-502, 17a-506, 17a-510, 17a-511, 17a-512, 17a-513, 17a-519, as 400
499+amended by this act, 17a-528, as amended by this act, 17a-560, 17a-561, 401
500+17a-562, 17a-565, 17a-581, 17a-582, 17a-675, 17b-28, 17b-59a, 17b-222, 402
501+17b-223, 17b-225, 17b-359, 17b-694, 19a-82, 19a-495, 19a-498, 19a-507a, as 403
502+amended by this act, 19a-576, 19a-583, 20-14i, 20-14j, 21a-240, 21a-301, 404
503+27-122a, 31-222, 38a-514, 46a-28, 51-51o, 52-146h and 54-56d. 405 Raised Bill No. 5419
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644-Public Act No. 22-69 20 of 29
645505
646-every two years, the Probate Court shall, within fifteen business days,
647-proceed with a hearing in the manner provided in subsections (a), (b),
648-(c) and (f) of this section. All costs and expenses, including Probate
649-Court entry fees provided by statute, in conjunction with the annual
650-psychiatric review and the judicial review under this subsection, except
651-costs for physicians appointed pursuant to this subsection, shall be
652-established by, and paid from funds appropriated to, the Judicial
653-Department, except that if funds have not been included in the budget
654-of the Judicial Department for such costs and expenses, such payment
655-shall be made from the Probate Court Administration Fund.
656-Compensation of any physician appointed to conduct the annual
657-psychiatric review, to examine a patient for any hearing held as a result
658-of such annual review or for any other biennial hearing required
659-pursuant to sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-
660-483, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, as
661-amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575,
662-inclusive, and 17a-615 to 17a-618, inclusive, shall be paid by the state
663-from funds appropriated to the Department of Mental Health and
664-Addiction Services in accordance with rates established by the
665-Department of Mental Health and Addiction Services.
666-Sec. 19. Section 17a-499 of the general statutes is repealed and the
667-following is substituted in lieu thereof (Effective from passage):
668-All proceedings of the Probate Court, upon application made under
669-the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-
670-484] 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528,
671-inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560
672-to 17a-575, inclusive, and 17a-615 to 17a-618, inclusive, shall be in
673-writing and filed in such court, and, whenever a court passes an order
674-for the admission of any person to any state hospital for psychiatric
675-disabilities, the court shall record the order and give a certified copy of
676-such order and of the reports of the physicians to the person by whom House Bill No. 5419
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678-Public Act No. 22-69 21 of 29
510+Sec. 14. Section 17a-478 of the general statutes is repealed and the 406
511+following is substituted in lieu thereof (Effective from passage): 407
512+The Commissioner of Mental Health and Addiction Services shall 408
513+designate mental health regions within the state. Such regions and 409
514+boundaries thereof may be redesignated by said commissioner as he 410
515+deems necessary. For the purposes of sections 17a-476, as amended by 411
516+this act, and 17a-478 to 17a-480, inclusive, as amended by this act, 412
517+"community mental health services" means comprehensive services, 413
518+both medical and nonmedical, designed to (1) decrease the prevalence 414
519+and incidence of psychiatric disabilities, emotional disturbance and 415
520+social disfunctioning, and (2) promote mental health in individuals, 416
521+groups and institutions and includes, but is not limited to, the following: 417
522+Outreach and case finding, inpatient treatment, outpatient treatment, 418
523+partial hospitalization, diagnosis and screening, aftercare and 419
524+rehabilitation, education, consultation, emergency services, research, 420
525+evaluation, training and services to the courts. The Commissioner of 421
526+Mental Health and Addiction Services may enter into such contracts for 422
527+services as may be required to carry out the provisions of subsection (a) 423
528+of section 17a-476, as amended by this act, sections 17a-478 to 17a-480, 424
529+inclusive, as amended by this act, and sections 17a-482, as amended by 425
530+this act, [to 17a-484, inclusive] and 17a-483, as amended by this act. 426
531+Sec. 15. Subsections (b) to (d), inclusive, of section 17a-495 of the 427
532+general statutes are repealed and the following is substituted in lieu 428
533+thereof (Effective from passage): 429
534+(b) For the purposes of this section, sections 17a-450 to [17a-484] 17a-430
535+483, inclusive, as amended by this act, 17a-496 to 17a-528, inclusive, as 431
536+amended by this act, 17a-540 to 17a-550, inclusive, and 17a-560 to 17a-432
537+575, inclusive, the following terms shall have the following meanings: 433
538+"Business day" means Monday to Friday, inclusive, except when a legal 434
539+holiday falls on any such day; "hospital for persons with psychiatric 435
540+disabilities" means any public or private hospital, retreat, institution, 436
541+house or place in which any person with psychiatric disabilities is 437
542+received or detained as a patient, but shall not include any correctional 438 Raised Bill No. 5419
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680-such person is to be taken to the hospital, as the warrant for such taking
681-and commitment, and shall also forthwith transmit a like copy to the
682-Commissioner of Mental Health and Addiction Services, and, in the case
683-of a person in the custody of the Commissioner of Correction, to the
684-Commissioner of Correction. Whenever a court passes an order for the
685-commitment of any person to any hospital for psychiatric disabilities, it
686-shall, within three business days, provide the Commissioner of Mental
687-Health and Addiction Services with access to identifying information
688-including, but not limited to, name, address, sex, date of birth and date
689-of commitment on all commitments ordered on and after June 1, 1998.
690-All commitment applications, orders of commitment and commitment
691-papers issued by any court in committing persons with psychiatric
692-disabilities to public or private hospitals for psychiatric disabilities shall
693-be in accordance with a form prescribed by the Probate Court
694-Administrator, which form shall be uniform throughout the state. State
695-hospitals and other hospitals for persons with psychiatric disabilities
696-shall, so far as they are able, upon reasonable request of any officer of a
697-court having the power of commitment, send one or more trained
698-attendants or nurses to attend any hearing concerning the commitment
699-of any person with psychiatric disabilities and any such attendant or
700-nurse, when present, shall be designated by the court as the authority to
701-serve commitment process issued under the provisions of sections 17a-
702-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as
703-amended by this act, 17a-495 to 17a-528, inclusive, as amended by this
704-act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-
705-615 to 17a-618, inclusive.
706-Sec. 20. Subsection (a) of section 17a-500 of the general statutes is
707-repealed and the following is substituted in lieu thereof (Effective from
708-passage):
709-(a) Each court of probate shall keep a record of the cases relating to
710-persons with psychiatric disabilities coming before it under sections House Bill No. 5419
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714-17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as
715-amended by this act, 17a-495 to 17a-528, inclusive, as amended by this
716-act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-
717-615 to 17a-618, inclusive, and the disposition of them. It shall also keep
718-on file the original application and certificate of physicians required by
719-said sections, or a microfilm duplicate of such records in accordance
720-with regulations issued by the Probate Court Administrator. All records
721-maintained in the courts of probate under the provisions of said sections
722-shall be sealed and available only to the respondent or his or her counsel
723-unless the Court of Probate, after hearing held with notice to the
724-respondent, determines such records should be disclosed for cause
725-shown.
726-Sec. 21. Section 17a-501 of the general statutes is repealed and the
727-following is substituted in lieu thereof (Effective from passage):
728-Any person with psychiatric disabilities, the expense of whose
729-support is paid by himself or by another person, may be committed to
730-any institution for the care of persons with psychiatric disabilities
731-designated by the person paying for such support; and any indigent
732-person with psychiatric disabilities, not a pauper, committed under the
733-provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484]
734-17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive,
735-as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575,
736-inclusive, and 17a-615 to 17a-618, inclusive, shall be committed to any
737-state hospital for psychiatric disabilities which is equipped to receive
738-him, at the discretion of the Court of Probate, upon consideration of a
739-request made by the person applying for such commitment.
740-Sec. 22. Section 17a-504 of the general statutes is repealed and the
741-following is substituted in lieu thereof (Effective from passage):
742-Any person who wilfully and maliciously causes, or attempts to
743-cause, or who conspires with any other person to cause, any person who House Bill No. 5419
549+institution of this state; "patient" means any person detained and taken 439
550+care of as a person with psychiatric disabilities; "keeper of a hospital for 440
551+persons with psychiatric disabilities" means any person, body of 441
552+persons or corporation which has the immediate superintendence, 442
553+management and control of a hospital for persons with psychiatric 443
554+disabilities and the patients therein; "support" includes all necessary 444
555+food, clothing and medicine and all general expenses of maintaining 445
556+state hospitals for persons with psychiatric disabilities; "indigent 446
557+person" means any person who has an estate insufficient, in the 447
558+judgment of the Court of Probate, to provide for his or her support and 448
559+has no person or persons legally liable who are able to support him or 449
560+her; "dangerous to himself or herself or others" means there is a 450
561+substantial risk that physical harm will be inflicted by an individual 451
562+upon his or her own person or upon another person; "gravely disabled" 452
563+means that a person, as a result of mental or emotional impairment, is 453
564+in danger of serious harm as a result of an inability or failure to provide 454
565+for his or her own basic human needs such as essential food, clothing, 455
566+shelter or safety and that hospital treatment is necessary and available 456
567+and that such person is mentally incapable of determining whether or 457
568+not to accept such treatment because his judgment is impaired by his 458
569+psychiatric disabilities; "respondent" means a person who is alleged to 459
570+have psychiatric disabilities and for whom an application for 460
571+commitment to a hospital for persons with psychiatric disabilities has 461
572+been filed; "voluntary patient" means any patient sixteen years of age or 462
573+older who applies in writing to and is admitted to a hospital for persons 463
574+with psychiatric disabilities as a person with psychiatric disabilities or 464
575+any patient under sixteen years of age whose parent or legal guardian 465
576+applies in writing to such hospital for admission of such patient; and 466
577+"involuntary patient" means any patient hospitalized pursuant to an 467
578+order of a judge of the Probate Court after an appropriate hearing or a 468
579+patient hospitalized for emergency diagnosis, observation or treatment 469
580+upon certification of a qualified physician. 470
581+(c) For the purposes of this section and sections 17a-496 to 17a-528, 471
582+inclusive, as amended by this act, "person with psychiatric disabilities" 472 Raised Bill No. 5419
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746584
747-does not have psychiatric disabilities to be committed to any hospital
748-for psychiatric disabilities, and any person who wilfully certifies falsely
749-to the psychiatric disabilities of any person in any certificate provided
750-for in sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483,
751-inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, as
752-amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575,
753-inclusive, and 17a-615 to 17a-618, inclusive, and any person who, under
754-the provisions of said sections relating to persons with psychiatric
755-disabilities, wilfully reports falsely to any court or judge that any person
756-has psychiatric disabilities, shall be guilty of a class D felony.
757-Sec. 23. Section 17a-505 of the general statutes is repealed and the
758-following is substituted in lieu thereof (Effective from passage):
759-When any female with psychiatric disabilities is escorted to a state
760-hospital for persons with psychiatric disabilities by a male guard,
761-attendant or other employee of a correctional or reformatory institution,
762-or by a male law enforcement officer, under the provisions of sections
763-17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as
764-amended by this act, 17a-495 to 17a-528, inclusive, as amended by this
765-act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-
766-615 to 17a-618, inclusive, the person so escorting her shall be
767-accompanied by an adult member of her family or at least one woman.
768-Sec. 24. Section 17a-519 of the general statutes is repealed and the
769-following is substituted in lieu thereof (Effective from passage):
770-Each officer or indifferent person making legal service of any order,
771-notice, warrant or other paper under the provisions of sections 17a-75 to
772-17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as amended by
773-this act, 17a-495 to 17a-528, inclusive, as amended by this act, 17a-540 to
774-17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-615 to 17a-618,
775-inclusive, shall be entitled to the same compensation as is by law
776-provided for like services in civil causes. Physicians, for examining a House Bill No. 5419
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589+means any person who has a mental or emotional condition which has 473
590+substantial adverse effects on his or her ability to function and who 474
591+requires care and treatment, and specifically excludes a person who is 475
592+an alcohol-dependent person or a drug-dependent person, as defined in 476
593+section 17a-680, as amended by this act. 477
594+(d) For the purposes of sections 17a-453, 17a-454, 17a-456, as 478
595+amended by this act, 17a-458 to 17a-464, inclusive, 17a-466 to 17a-469, 479
596+inclusive, 17a-471, 17a-474, 17a-476 to [17a-484] 17a-483, inclusive, as 480
597+amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 481
598+inclusive, and 17a-615 to 17a-618, inclusive, "person with psychiatric 482
599+disabilities" means any person who has a mental or emotional condition 483
600+which has substantial adverse effects on his or her ability to function 484
601+and who requires care and treatment, and specifically includes a person 485
602+who is an alcohol-dependent person or a drug-dependent person, as 486
603+defined in section 17a-680, as amended by this act. 487
604+Sec. 16. Section 17a-496 of the general statutes is repealed and the 488
605+following is substituted in lieu thereof (Effective from passage): 489
606+Any keeper of a hospital for psychiatric disabilities who wilfully 490
607+violates any of the provisions of this section, sections 17a-75 to 17a-83, 491
608+inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as amended by this act, 492
609+17a-497 to 17a-528, inclusive, as amended by this act, 17a-540 to 17a-550, 493
610+inclusive, 17a-560 to 17a-575, inclusive, and 17a-615 to 17a-618, 494
611+inclusive, shall be fined not more than two hundred dollars or 495
612+imprisoned not more than one year or both. 496
613+Sec. 17. Subsection (b) of section 17a-497 of the general statutes is 497
614+repealed and the following is substituted in lieu thereof (Effective from 498
615+passage): 499
616+(b) Upon the motion of any respondent or his or her counsel, or the 500
617+probate judge having jurisdiction over such application, filed not later 501
618+than three days prior to any hearing scheduled on such application, the 502
619+Probate Court Administrator shall appoint a three-judge court from 503 Raised Bill No. 5419
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780-person alleged to have psychiatric disabilities and making a certificate
781-as provided by said sections, shall be entitled to a reasonable
782-compensation established by the Commissioner of Mental Health and
783-Addiction Services. The fees of the courts of probate shall be such as are
784-provided by law for similar services. The Superior Court, on an appeal,
785-may tax costs at its discretion.
786-Sec. 25. Section 17a-525 of the general statutes is repealed and the
787-following is substituted in lieu thereof (Effective from passage):
788-Any person aggrieved by an order, denial or decree of a Probate
789-Court under sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484]
790-17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive,
791-as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575,
792-inclusive, and 17a-615 to 17a-618, inclusive, including any relative or
793-friend, on behalf of any person found to have psychiatric disabilities,
794-shall have the right of appeal in accordance with sections 45a-186 to 45a-
795-193, inclusive. On the trial of an appeal, the Superior Court may require
796-the state's attorney or, in the state's attorney's absence, some other
797-practicing attorney of the court to be present for the protection of the
798-interests of the state and of the public.
799-Sec. 26. Subsection (a) of section 17a-528 of the general statutes is
800-repealed and the following is substituted in lieu thereof (Effective from
801-passage):
802-(a) When any person is found to have psychiatric disabilities, and is
803-committed to a state hospital for psychiatric disabilities, upon
804-proceedings had under sections 17a-75 to 17a-83, inclusive, 17a-450 to
805-[17a-484] 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528,
806-inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560
807-to 17a-575, inclusive, and 17a-615 to 17a-618, inclusive, all fees and
808-expenses incurred upon the probate commitment proceedings, payment
809-of which is not otherwise provided for under said sections, shall be paid House Bill No. 5419
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813-by the state within available appropriations from funds appropriated to
814-the Department of Mental Health and Addiction Services in accordance
815-with rates established by said department; and, if such person is found
816-not to have psychiatric disabilities, such fees and expenses shall be paid
817-by the applicant.
818-Sec. 27. Section 17a-680 of the general statutes is repealed and the
819-following is substituted in lieu thereof (Effective from passage):
820-For purposes of sections 17a-673 [,] and 17a-680 to 17a-690, inclusive:
821-[, and subsection (d) of section 17a-484:]
822-(1) "Alcohol-dependent person" means a person who meets the
823-criteria for moderate or severe alcohol use disorder, as described in the
824-most recent edition of the American Psychiatric Association's
825-"Diagnostic and Statistical Manual of Mental Disorders";
826-(2) "Business day" means Monday to Friday, inclusive, except when
827-a legal holiday falls on any such day;
828-(3) "Department" means the Department of Mental Health and
829-Addiction Services;
830-(4) "Dangerous to himself" means there is a substantial risk that
831-physical harm will be inflicted by a person on himself or herself;
832-(5) "Dangerous to others" means there is a substantial risk that
833-physical harm will be inflicted by a person on another person;
834-(6) "Drug or drugs" means a controlled drug as defined in section 21a-
835-240;
836-(7) "Drug-dependent person" means a person who meets the criteria
837-for moderate or severe substance use disorder, as described in the most
838-recent edition of the American Psychiatric Association's "Diagnostic and
839-Statistical Manual of Mental Disorders"; House Bill No. 5419
626+among the probate judges to hear such application. The judge of the 504
627+Probate Court having jurisdiction over such application under the 505
628+provisions of this section shall be a member, provided such judge may 506
629+disqualify himself in which case all three members of such court shall 507
630+be appointed by the Probate Court Administrator. Such three-judge 508
631+court when convened shall have all the powers and duties set forth 509
632+under sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, 510
633+inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, as 511
634+amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 512
635+inclusive, and 17a-615 to 17a-618, inclusive, and shall be subject to all of 513
636+the provisions of law as if it were a single-judge court. No such 514
637+respondent shall be involuntarily confined without the vote of at least 515
638+two of the three judges convened hereunder. The judges of such court 516
639+shall designate a chief judge from among their members. All records for 517
640+any case before the three-judge court shall be maintained in the Probate 518
641+Court having jurisdiction over the matter as if the three-judge court had 519
642+not been appointed. 520
643+Sec. 18. Subsection (g) of section 17a-498 of the general statutes is 521
644+repealed and the following is substituted in lieu thereof (Effective from 522
645+passage): 523
646+(g) The hospital shall notify each patient at least annually that such 524
647+patient has a right to a further hearing pursuant to this section. If the 525
648+patient requests such hearing, it shall be held by the Probate Court for 526
649+the district in which the hospital is located. Any such request shall be 527
650+immediately filed with the appropriate court by the hospital. After such 528
651+request is filed with the Probate Court, it shall proceed in the manner 529
652+provided in subsections (a), (b), (c) and (f) of this section. In addition, 530
653+the hospital shall furnish the Probate Court for the district in which the 531
654+hospital is located on a monthly basis with a list of all patients confined 532
655+in the hospital involuntarily without release for one year since the last 533
656+annual review under this section of the patient's commitment or since 534
657+the original commitment. The hospital shall include in such notification 535
658+the type of review the patient last received. If the patient's last annual 536 Raised Bill No. 5419
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841-Public Act No. 22-69 26 of 29
842660
843-(8) "Commissioner" means the Commissioner of Mental Health and
844-Addiction Services;
845-(9) "Gravely disabled" means a condition in which a person, as a
846-result of the use of alcohol or drugs on a periodic or continuous basis, is
847-in danger of serious physical harm because (A) he or she is not
848-providing for his or her essential needs such as food, clothing, shelter,
849-vital medical care, or safety, (B) he or she needs, but is not receiving,
850-inpatient treatment for alcohol dependency or drug dependency, and
851-(C) he or she is incapable of determining whether to accept such
852-treatment because his or her judgment is impaired;
853-(10) "Hospital" means an establishment licensed under the provisions
854-of sections 19a-490 to 19a-503, inclusive, for the lodging, care and
855-treatment of persons suffering from disease or other abnormal physical
856-or mental conditions, and includes inpatient psychiatric services in
857-general hospitals;
858-(11) "Incapacitated by alcohol" means a condition in which a person
859-as a result of the use of alcohol has his or her judgment so impaired that
860-he or she is incapable of realizing and making a rational decision with
861-respect to his or her need for treatment;
862-(12) "Incompetent person" means a person who has been adjudged
863-incompetent by a court of competent jurisdiction;
864-(13) "Intoxicated person" means a person whose mental or physical
865-functioning is substantially impaired as a result of the use of alcohol or
866-drugs;
867-(14) "Medical officer" means a licensed physician in attendance at a
868-treatment facility or hospital;
869-(15) "Respondent" means a person who is alleged to be alcohol-
870-dependent or drug-dependent and for whom a petition for commitment House Bill No. 5419
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872-Public Act No. 22-69 27 of 29
665+review had a hearing, the Probate Court shall, within fifteen business 537
666+days thereafter, appoint an impartial physician who is a psychiatrist 538
667+from the list provided by the Commissioner of Mental Health and 539
668+Addiction Services as set forth in subsection (c) of this section and not 540
669+connected with the hospital in which the patient is confined or related 541
670+by blood or marriage to the original applicant or to the respondent, 542
671+which physician shall see and examine each such patient within fifteen 543
672+business days after such physician's appointment and make a report 544
673+forthwith to such court of the condition of the patient on forms provided 545
674+by the Probate Court Administrator. If the Probate Court concludes that 546
675+the confinement of any such patient should be reviewed by such court 547
676+for possible release of the patient, the court, on its own motion, shall 548
677+proceed in the manner provided in subsections (a), (b), (c) and (f) of this 549
678+section, except that the examining physician shall be considered one of 550
679+the physicians required by subsection (c) of this section. If the patient's 551
680+last annual review did not result in a hearing, and in any event at least 552
681+every two years, the Probate Court shall, within fifteen business days, 553
682+proceed with a hearing in the manner provided in subsections (a), (b), 554
683+(c) and (f) of this section. All costs and expenses, including Probate 555
684+Court entry fees provided by statute, in conjunction with the annual 556
685+psychiatric review and the judicial review under this subsection, except 557
686+costs for physicians appointed pursuant to this subsection, shall be 558
687+established by, and paid from funds appropriated to, the Judicial 559
688+Department, except that if funds have not been included in the budget 560
689+of the Judicial Department for such costs and expenses, such payment 561
690+shall be made from the Probate Court Adminis tration Fund. 562
691+Compensation of any physician appointed to conduct the annual 563
692+psychiatric review, to examine a patient for any hearing held as a result 564
693+of such annual review or for any other biennial hearing required 565
694+pursuant to sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-566
695+483, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, as 567
696+amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 568
697+inclusive, and 17a-615 to 17a-618, inclusive, shall be paid by the state 569
698+from funds appropriated to the Department of Mental Health and 570
699+Addiction Services in accordance with rates established by the 571 Raised Bill No. 5419
873700
874-or recommitment to an inpatient treatment facility has been filed;
875-(16) "Treatment" means any emergency, outpatient, intermediate and
876-inpatient services and care, including diagnostic evaluation, medical,
877-psychiatric, psychological and social services, vocational and social
878-rehabilitation and other appropriate services, which may be extended to
879-alcohol-dependent persons, drug-dependent persons and intoxicated
880-persons;
881-(17) "Treatment facility" means (A) a facility providing treatment and
882-operating under the direction and control of the department, or (B) a
883-private facility providing treatment and licensed under the provisions
884-of sections 19a-490 to 19a-503, inclusive.
885-Sec. 28. Subsection (d) of section 45a-656 of the general statutes is
886-repealed and the following is substituted in lieu thereof (Effective from
887-passage):
888-(d) The conservator of the person shall not have the power or
889-authority to cause the respondent to be committed to any institution for
890-the treatment of the mentally ill except under the provisions of sections
891-17a-75 to 17a-83, inclusive, 17a-456 to [17a-484] 17a-483, inclusive, as
892-amended by this act, 17a-495 to 17a-528, inclusive, as amended by this
893-act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, 17a-615
894-to 17a-618, inclusive, and 17a-621 to 17a-664, inclusive, and chapter 359.
895-Sec. 29. Subsection (e) of section 45a-677 of the 2022 supplement to
896-the general statutes is repealed and the following is substituted in lieu
897-thereof (Effective from passage):
898-(e) A plenary guardian or limited guardian shall not have the power
899-or authority: (1) To cause the protected person to be admitted to any
900-institution for treatment of the mentally ill, except in accordance with
901-the provisions of sections 17a-75 to 17a-83, inclusive, 17a-456 to [17a-
902-484] 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, House Bill No. 5419
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906-inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560
907-to 17a-575, inclusive, 17a-615 to 17a-618, inclusive, and 17a-621 to 17a-
908-664, inclusive, and chapter 420b; (2) to cause the protected person to be
909-admitted to any training school or other facility provided for the care
910-and training of persons with intellectual disability if there is a conflict
911-concerning such admission between the guardian and the protected
912-person or next of kin, except in accordance with the provisions of
913-sections 17a-274 and 17a-275; (3) to consent on behalf of the protected
914-person to a sterilization, except in accordance with the provisions of
915-sections 45a-690 to 45a-700, inclusive; (4) to consent on behalf of the
916-protected person to psychosurgery, except in accordance with the
917-provisions of section 17a-543; (5) to consent on behalf of the protected
918-person to the termination of the protected person's parental rights,
919-except in accordance with the provisions of sections 45a-706 to 45a-709,
920-inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-737, inclusive,
921-and 45a-743 to 45a-757, inclusive; (6) to consent on behalf of the
922-protected person to the performance of any experimental biomedical or
923-behavioral medical procedure or participation in any biomedical or
924-behavioral experiment, unless it (A) is intended to preserve the life or
925-prevent serious impairment of the physical health of the protected
926-person, (B) is intended to assist the protected person to regain the
927-protected person's abilities and has been approved for the protected
928-person by the court, or (C) has been (i) approved by a recognized
929-institutional review board, as defined by 45 CFR 46, 21 CFR 50 and 21
930-CFR 56, as amended from time to time, which is not a part of the
931-Department of Developmental Services, (ii) endorsed or supported by
932-the Department of Developmental Services, and (iii) approved for the
933-protected person by such protected person's primary care physician; (7)
934-to admit the protected person to any residential facility operated by an
935-organization by whom such guardian is employed, except in accordance
936-with the provisions of section 17a-274; (8) to prohibit the marriage or
937-divorce of the protected person; and (9) to consent on behalf of the
938-protected person to an abortion or removal of a body organ, except in House Bill No. 5419
706+Department of Mental Health and Addiction Services. 572
707+Sec. 19. Section 17a-499 of the general statutes is repealed and the 573
708+following is substituted in lieu thereof (Effective from passage): 574
709+All proceedings of the Probate Court, upon application made under 575
710+the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-576
711+484] 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, 577
712+inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 578
713+to 17a-575, inclusive, and 17a-615 to 17a-618, inclusive, shall be in 579
714+writing and filed in such court, and, whenever a court passes an order 580
715+for the admission of any person to any state hospital for psychiatric 581
716+disabilities, the court shall record the order and give a certified copy of 582
717+such order and of the reports of the physicians to the person by whom 583
718+such person is to be taken to the hospital, as the warrant for such taking 584
719+and commitment, and shall also forthwith transmit a like copy to the 585
720+Commissioner of Mental Health and Addiction Services, and, in the case 586
721+of a person in the custody of the Commissioner of Correction, to the 587
722+Commissioner of Correction. Whenever a court passes an order for the 588
723+commitment of any person to any hospital for psychiatric disabilities, it 589
724+shall, within three business days, provide the Commissioner of Mental 590
725+Health and Addiction Services with access to identifying information 591
726+including, but not limited to, name, address, sex, date of birth and date 592
727+of commitment on all commitments ordered on and after June 1, 1998. 593
728+All commitment applications, orders of commitment and commitment 594
729+papers issued by any court in committing persons with psychiatric 595
730+disabilities to public or private hospitals for psychiatric disabilities shall 596
731+be in accordance with a form prescribed by the Probate Court 597
732+Administrator, which form shall be uniform throughout the state. State 598
733+hospitals and other hospitals for persons with psychiatric disabilities 599
734+shall, so far as they are able, upon reasonable request of any officer of a 600
735+court having the power of commitment, send one or more trained 601
736+attendants or nurses to attend any hearing concerning the commitment 602
737+of any person with psychiatric disabilities and any such attendant or 603
738+nurse, when present, shall be designated by the court as the authority to 604 Raised Bill No. 5419
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941740
942-accordance with applicable statutory procedures when necessary to
943-preserve the life or prevent serious impairment of the physical or mental
944-health of the protected person.
945-Sec. 30. Sections 17a-484 and 17a-671 of the general statutes are
946-repealed.(Effective from passage)
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744+
745+serve commitment process issued under the provisions of sections 17a-605
746+75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as 606
747+amended by this act, 17a-495 to 17a-528, inclusive, as amended by this 607
748+act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-608
749+615 to 17a-618, inclusive. 609
750+Sec. 20. Subsection (a) of section 17a-500 of the general statutes is 610
751+repealed and the following is substituted in lieu thereof (Effective from 611
752+passage): 612
753+(a) Each court of probate shall keep a record of the cases relating to 613
754+persons with psychiatric disabilities coming before it under sections 614
755+17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as 615
756+amended by this act, 17a-495 to 17a-528, inclusive, as amended by this 616
757+act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-617
758+615 to 17a-618, inclusive, and the disposition of them. It shall also keep 618
759+on file the original application and certificate of physicians required by 619
760+said sections, or a microfilm duplicate of such records in accordance 620
761+with regulations issued by the Probate Court Administrator. All records 621
762+maintained in the courts of probate under the provisions of said sections 622
763+shall be sealed and available only to the respondent or his or her counsel 623
764+unless the Court of Probate, after hearing held with notice to the 624
765+respondent, determines such records should be disclosed for cause 625
766+shown. 626
767+Sec. 21. Section 17a-501 of the general statutes is repealed and the 627
768+following is substituted in lieu thereof (Effective from passage): 628
769+Any person with psychiatric disabilities, the expense of whose 629
770+support is paid by himself or by another person, may be committed to 630
771+any institution for the care of persons with psychiatric disabilities 631
772+designated by the person paying for such support; and any indigent 632
773+person with psychiatric disabilities, not a pauper, committed under the 633
774+provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 634
775+17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, 635
776+as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 636 Raised Bill No. 5419
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782+
783+inclusive, and 17a-615 to 17a-618, inclusive, shall be committed to any 637
784+state hospital for psychiatric disabilities which is equipped to receive 638
785+him, at the discretion of the Court of Probate, upon consideration of a 639
786+request made by the person applying for such commitment. 640
787+Sec. 22. Section 17a-504 of the general statutes is repealed and the 641
788+following is substituted in lieu thereof (Effective from passage): 642
789+Any person who wilfully and maliciously causes, or attempts to 643
790+cause, or who conspires with any other person to cause, any person who 644
791+does not have psychiatric disabilities to be committed to any hospital 645
792+for psychiatric disabilities, and any person who wilfully certifies falsely 646
793+to the psychiatric disabilities of any person in any certificate provided 647
794+for in sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, 648
795+inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, as 649
796+amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 650
797+inclusive, and 17a-615 to 17a-618, inclusive, and any person who, under 651
798+the provisions of said sections relating to persons with psychiatric 652
799+disabilities, wilfully reports falsely to any court or judge that any person 653
800+has psychiatric disabilities, shall be guilty of a class D felony. 654
801+Sec. 23. Section 17a-505 of the general statutes is repealed and the 655
802+following is substituted in lieu thereof (Effective from passage): 656
803+When any female with psychiatric disabilities is escorted to a state 657
804+hospital for persons with psychiatric disabilities by a male guard, 658
805+attendant or other employee of a correctional or reformatory institution, 659
806+or by a male law enforcement officer, under the provisions of sections 660
807+17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as 661
808+amended by this act, 17a-495 to 17a-528, inclusive, as amended by this 662
809+act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-663
810+615 to 17a-618, inclusive, the person so escorting her shall be 664
811+accompanied by an adult member of her family or at least one woman. 665
812+Sec. 24. Section 17a-519 of the general statutes is repealed and the 666
813+following is substituted in lieu thereof (Effective from passage): 667 Raised Bill No. 5419
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819+
820+Each officer or indifferent person making legal service of any order, 668
821+notice, warrant or other paper under the provisions of sections 17a-75 to 669
822+17a-83, inclusive, 17a-450 to [17a-484] 17a-483, inclusive, as amended by 670
823+this act, 17a-495 to 17a-528, inclusive, as amended by this act, 17a-540 to 671
824+17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-615 to 17a-618, 672
825+inclusive, shall be entitled to the same compensation as is by law 673
826+provided for like services in civil causes. Physicians, for examining a 674
827+person alleged to have psychiatric disabilities and making a certificate 675
828+as provided by said sections, shall be entitled to a reasonable 676
829+compensation established by the Commissioner of Mental Health and 677
830+Addiction Services. The fees of the courts of probate shall be such as are 678
831+provided by law for similar services. The Superior Court, on an appeal, 679
832+may tax costs at its discretion. 680
833+Sec. 25. Section 17a-525 of the general statutes is repealed and the 681
834+following is substituted in lieu thereof (Effective from passage): 682
835+Any person aggrieved by an order, denial or decree of a Probate 683
836+Court under sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-484] 684
837+17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive, 685
838+as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, 686
839+inclusive, and 17a-615 to 17a-618, inclusive, including any relative or 687
840+friend, on behalf of any person found to have psychiatric disabilities, 688
841+shall have the right of appeal in accordance with sections 45a-186 to 45a-689
842+193, inclusive. On the trial of an appeal, the Superior Court may require 690
843+the state's attorney or, in the state's attorney's absence, some other 691
844+practicing attorney of the court to be present for the protection of the 692
845+interests of the state and of the public. 693
846+Sec. 26. Subsection (a) of section 17a-528 of the general statutes is 694
847+repealed and the following is substituted in lieu thereof (Effective from 695
848+passage): 696
849+(a) When any person is found to have psychiatric disabilities, and is 697
850+committed to a state hospital for psychiatric disabilities, upon 698
851+proceedings had under sections 17a-75 to 17a-83, inclusive, 17a-450 to 699 Raised Bill No. 5419
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857+
858+[17a-484] 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, 700
859+inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 701
860+to 17a-575, inclusive, and 17a-615 to 17a-618, inclusive, all fees and 702
861+expenses incurred upon the probate commitment proceedings, payment 703
862+of which is not otherwise provided for under said sections, shall be paid 704
863+by the state within available appropriations from funds appropriated to 705
864+the Department of Mental Health and Addiction Services in accordance 706
865+with rates established by said department; and, if such person is found 707
866+not to have psychiatric disabilities, such fees and expenses shall be paid 708
867+by the applicant. 709
868+Sec. 27. Section 17a-680 of the general statutes is repealed and the 710
869+following is substituted in lieu thereof (Effective from passage): 711
870+For purposes of sections 17a-673, and 17a-680 to 17a-690, inclusive: [, 712
871+and subsection (d) of section 17a-484:] 713
872+(1) "Alcohol-dependent person" means a person who meets the 714
873+criteria for moderate or severe alcohol use disorder, as described in the 715
874+most recent edition of the American Psychiatric Association's 716
875+"Diagnostic and Statistical Manual of Mental Disorders"; 717
876+(2) "Business day" means Monday to Friday, inclusive, except when 718
877+a legal holiday falls on any such day; 719
878+(3) "Department" means the Department of Mental Health and 720
879+Addiction Services; 721
880+(4) "Dangerous to himself" means there is a substantial risk that 722
881+physical harm will be inflicted by a person on himself or herself; 723
882+(5) "Dangerous to others" means there is a substantial risk that 724
883+physical harm will be inflicted by a person on another person; 725
884+(6) "Drug or drugs" means a controlled drug as defined in section 21a-726
885+240; 727 Raised Bill No. 5419
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891+
892+(7) "Drug-dependent person" means a person who meets the criteria 728
893+for moderate or severe substance use disorder, as described in the most 729
894+recent edition of the American Psychiatric Association's "Diagnostic and 730
895+Statistical Manual of Mental Disorders"; 731
896+(8) "Commissioner" means the Commissioner of Mental Health and 732
897+Addiction Services; 733
898+(9) "Gravely disabled" means a condition in which a person, as a 734
899+result of the use of alcohol or drugs on a periodic or continuous basis, is 735
900+in danger of serious physical harm because (A) he or she is not 736
901+providing for his or her essential needs such as food, clothing, shelter, 737
902+vital medical care, or safety, (B) he or she needs, but is not receiving, 738
903+inpatient treatment for alcohol dependency or drug dependency, and 739
904+(C) he or she is incapable of determining whether to accept such 740
905+treatment because his or her judgment is impaired; 741
906+(10) "Hospital" means an establishment licensed under the provisions 742
907+of sections 19a-490 to 19a-503, inclusive, for the lodging, care and 743
908+treatment of persons suffering from disease or other abnormal physical 744
909+or mental conditions, and includes inpatient psychiatric services in 745
910+general hospitals; 746
911+(11) "Incapacitated by alcohol" means a condition in which a person 747
912+as a result of the use of alcohol has his or her judgment so impaired that 748
913+he or she is incapable of realizing and making a rational decision with 749
914+respect to his or her need for treatment; 750
915+(12) "Incompetent person" means a person who has been adjudged 751
916+incompetent by a court of competent jurisdiction; 752
917+(13) "Intoxicated person" means a person whose mental or physical 753
918+functioning is substantially impaired as a result of the use of alcohol or 754
919+drugs; 755
920+(14) "Medical officer" means a licensed physician in attendance at a 756
921+treatment facility or hospital; 757 Raised Bill No. 5419
922+
923+
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926+25 of 27
927+
928+(15) "Respondent" means a person who is alleged to be alcohol-758
929+dependent or drug-dependent and for whom a petition for commitment 759
930+or recommitment to an inpatient treatment facility has been filed; 760
931+(16) "Treatment" means any emergency, outpatient, intermediate and 761
932+inpatient services and care, including diagnostic evaluation, medical, 762
933+psychiatric, psychological and social services, vocational and social 763
934+rehabilitation and other appropriate services, which may be extended to 764
935+alcohol-dependent persons, drug-dependent persons and intoxicated 765
936+persons; 766
937+(17) "Treatment facility" means (A) a facility providing treatment and 767
938+operating under the direction and control of the department, or (B) a 768
939+private facility providing treatment and licensed under the provisions 769
940+of sections 19a-490 to 19a-503, inclusive. 770
941+Sec. 28. Subsection (d) of section 45a-656 of the general statutes is 771
942+repealed and the following is substituted in lieu thereof (Effective from 772
943+passage): 773
944+(d) The conservator of the person shall not have the power or 774
945+authority to cause the respondent to be committed to any institution for 775
946+the treatment of the mentally ill except under the provisions of sections 776
947+17a-75 to 17a-83, inclusive, 17a-456 to [17a-484] 17a-483, inclusive, as 777
948+amended by this act, 17a-495 to 17a-528, inclusive, as amended by this 778
949+act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, 17a-615 779
950+to 17a-618, inclusive, and 17a-621 to 17a-664, inclusive, and chapter 359. 780
951+Sec. 29. Subsection (e) of section 45a-677 of the 2022 supplement to 781
952+the general statutes is repealed and the following is substituted in lieu 782
953+thereof (Effective from passage): 783
954+(e) A plenary guardian or limited guardian shall not have the power 784
955+or authority: (1) To cause the protected person to be admitted to any 785
956+institution for treatment of the mentally ill, except in accordance with 786
957+the provisions of sections 17a-75 to 17a-83, inclusive, 17a-456 to [17a-787
958+484] 17a-483, inclusive, as amended by this act, 17a-495 to 17a-528, 788 Raised Bill No. 5419
959+
960+
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963+26 of 27
964+
965+inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 789
966+to 17a-575, inclusive, 17a-615 to 17a-618, inclusive, and 17a-621 to 17a-790
967+664, inclusive, and chapter 420b; (2) to cause the protected person to be 791
968+admitted to any training school or other facility provided for the care 792
969+and training of persons with intellectual disability if there is a conflict 793
970+concerning such admission between the guardian and the protected 794
971+person or next of kin, except in accordance with the provisions of 795
972+sections 17a-274 and 17a-275; (3) to consent on behalf of the protected 796
973+person to a sterilization, except in accordance with the provisions of 797
974+sections 45a-690 to 45a-700, inclusive; (4) to consent on behalf of the 798
975+protected person to psychosurgery, except in accordance with the 799
976+provisions of section 17a-543; (5) to consent on behalf of the protected 800
977+person to the termination of the protected person's parental rights, 801
978+except in accordance with the provisions of sections 45a-706 to 45a-709, 802
979+inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-737, inclusive, 803
980+and 45a-743 to 45a-757, inclusive; (6) to consent on behalf of the 804
981+protected person to the performance of any experimental biomedical or 805
982+behavioral medical procedure or participation in any biomedical or 806
983+behavioral experiment, unless it (A) is intended to preserve the life or 807
984+prevent serious impairment of the physical health of the protected 808
985+person, (B) is intended to assist the protected person to regain the 809
986+protected person's abilities and has been approved for the protected 810
987+person by the court, or (C) has been (i) approved by a recognized 811
988+institutional review board, as defined by 45 CFR 46, 21 CFR 50 and 21 812
989+CFR 56, as amended from time to time, which is not a part of the 813
990+Department of Developmental Services, (ii) endorsed or supported by 814
991+the Department of Developmental Services, and (iii) approved for the 815
992+protected person by such protected person's primary care physician; (7) 816
993+to admit the protected person to any residential facility operated by an 817
994+organization by whom such guardian is employed, except in accordance 818
995+with the provisions of section 17a-274; (8) to prohibit the marriage or 819
996+divorce of the protected person; and (9) to consent on behalf of the 820
997+protected person to an abortion or removal of a body organ, except in 821
998+accordance with applicable statutory procedures when necessary to 822
999+preserve the life or prevent serious impairment of the physical or mental 823 Raised Bill No. 5419
1000+
1001+
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1004+27 of 28
1005+
1006+health of the protected person. 824
1007+Sec. 30. Sections 17a-484 and 17a-671 of the general statutes are 825
1008+repealed.(Effective from passage) 826
1009+This act shall take effect as follows and shall amend the following
1010+sections:
1011+
1012+Section 1 from passage New section
1013+Sec. 2 from passage 4-28g
1014+Sec. 3 from passage 17a-451(j)
1015+Sec. 4 from passage 17a-456
1016+Sec. 5 from passage 17a-470
1017+Sec. 6 from passage 17a-476
1018+Sec. 7 from passage 17a-480
1019+Sec. 8 from passage 17a-482
1020+Sec. 9 from passage 17a-483
1021+Sec. 10 from passage 17a-713(a)
1022+Sec. 11 from passage 19a-507a
1023+Sec. 12 from passage 19a-507b
1024+Sec. 13 from passage 17a-450a(a)
1025+Sec. 14 from passage 17a-478
1026+Sec. 15 from passage 17a-495(b) to (d)
1027+Sec. 16 from passage 17a-496
1028+Sec. 17 from passage 17a-497(b)
1029+Sec. 18 from passage 17a-498(g)
1030+Sec. 19 from passage 17a-499
1031+Sec. 20 from passage 17a-500(a)
1032+Sec. 21 from passage 17a-501
1033+Sec. 22 from passage 17a-504
1034+Sec. 23 from passage 17a-505
1035+Sec. 24 from passage 17a-519
1036+Sec. 25 from passage 17a-525
1037+Sec. 26 from passage 17a-528(a)
1038+Sec. 27 from passage 17a-680
1039+Sec. 28 from passage 45a-656(d)
1040+Sec. 29 from passage 45a-677(e)
1041+Sec. 30 from passage Repealer section
1042+ Raised Bill No. 5419
1043+
1044+
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1047+28 of 28
1048+
1049+PH Joint Favorable
9471050