LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx 1 of 10 General Assembly Substitute Bill No. 6698 January Session, 2023 AN ACT CONCERNING DRUG POLICY, SUBSTANCE ABUSE AND PEER SUPPORT SERVICES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2023) (a) As used in this section: 1 (1) "Chief Drug Policy Officer" and "officer" mean the individual 2 appointed pursuant to subsection (b) of this section; 3 (2) "Office of Governmental Accountability" means the office 4 established in section 1-300 of the general statutes, as amended by this 5 act; 6 (3) "Office of the Chief Drug Policy Officer" and "office" mean the 7 office established in subsection (b) of this section; 8 (4) "Opioid use disorder" has the same meaning as provided in 9 section 17a-673b of the general statutes, as amended by this act; 10 (5) "State agency" means any department , board, council, 11 commission, institution or other executive branch agency of state 12 government; 13 (6) "State-wide peer navigator program" means the state-wide 14 program established pursuant to subdivision (2) of subsection (b) of 15 Substitute Bill No. 6698 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx } 2 of 10 section 17a-673b of the general statutes, as amended by this act; and 16 (7) "Substance use disorder" means a pattern of alcohol or other 17 substance use that meets the applicable diagnostic criteria delineated in 18 the most recent edition of the American Psychiatric Association's 19 Diagnostic and Statistical Manual of Mental Disorders and includes, but 20 is not limited to, opioid use disorder. 21 (b) There is established, within the Office of Governmental 22 Accountability, an Office of the Chief Drug Policy Officer. The Office of 23 the Chief Drug Policy Officer shall be administered by a Chief Drug 24 Policy Officer, who shall: 25 (1) Have knowledge of substance use disorders and services 26 provided to individuals with substance use disorders and their families; 27 (2) Be appointed by the Governor with the approval of the General 28 Assembly; 29 (3) Serve for a term of four years and may be reappointed or shall 30 continue to hold office until a successor is appointed and qualified; and 31 (4) Notwithstanding any other provision of the general statutes, act 32 independently of any state agency in performing the officer's duties. 33 (c) The Chief Drug Policy Officer, within available appropriations, 34 shall: 35 (1) Appoint such staff as the officer deems necessary, which staff may 36 perform the officer's duties set forth in this subsection under the officer's 37 direction; 38 (2) Ensure that the office serves as the central point of contact for the 39 state-wide peer navigator program; 40 (3) Ensure that the office serves as a centralized location for collecting 41 information concerning services provided to individuals with substance 42 use disorders and their families; 43 Substitute Bill No. 6698 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx } 3 of 10 (4) Evaluate the services that other state agencies and other entities 44 provide to individuals with substance use disorders and their families, 45 and the manner in which such agencies and entities provide such 46 services; 47 (5) Encourage coordination between state agencies in providing 48 services to individuals with substance use disorders and their families 49 for the purpose of preventing and eliminating duplication of efforts and 50 decreasing costs incurred by state agencies in providing such services; 51 (6) Receive and review complaints submitted by persons concerning 52 the actions of state agencies and other entities that provide services to 53 individuals with substance use disorders and their families, and 54 investigate any such complaint that the officer believes indicates that an 55 individual with a substance use disorder, or the family of any such 56 individual, requires the officer's assistance; 57 (7) Recommend changes in state policies concerning substance use 58 disorders, including, but not limited to, changes in systems used to 59 provide services to individuals with substance use disorders and their 60 families; 61 (8) Conduct programs of public education, undertake legislative 62 advocacy and make proposals for systemic reform concerning substance 63 use disorders and services provided to individuals with substance use 64 disorders and their families; and 65 (9) Advise the public concerning the purpose of the office, the 66 services provided by the office and contact information for the office. 67 (d) Not later than January 31, 2024, and annually thereafter, the Chief 68 Drug Policy Officer shall submit a report to the Governor, and to the 69 joint standing committees of the General Assembly having cognizance 70 of matters relating to consumer protection, public health and the 71 judiciary in accordance with the provisions of section 11-4a of the 72 general statutes, detailing and analyzing the Office of the Chief Drug 73 Policy Officer's work during the preceding calendar year. 74 Substitute Bill No. 6698 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx } 4 of 10 Sec. 2. Section 1-300 of the general statutes is repealed and the 75 following is substituted in lieu thereof (Effective July 1, 2023): 76 (a) There is established the Office of Governmental Accountability. 77 The executive administrator of the office shall serve as the 78 administrative head of the office, who shall be appointed in accordance 79 with the provisions of section 1-301, as amended by this act. 80 (b) The Office of Governmental Accountability shall provide 81 personnel, payroll, affirmative action and administrative and business 82 office functions and information technology associated with such 83 functions for the following: The Judicial Review Council established 84 under section 51-51k, Judicial Selection Commission established under 85 section 51-44a, Board of Firearms Permit Examiners established under 86 section 29-32b, Office of the Child Advocate established under section 87 46a-13k, Office of the Victim Advocate established under section 46a-88 13b, State Contracting Standards Board established under section 4e-2, 89 [and] Office of the Correction Ombuds [,] established under section 18-90 81qq, and Office of the Chief Drug Policy Officer established under 91 subsection (b) of section 1 of this act. The personnel, payroll, affirmative 92 action and administrative and business office functions of said offices, 93 commission, council and boards shall be merged and consolidated 94 within the Office of Governmental Accountability. 95 (c) The executive administrator may employ necessary staff to carry 96 out the administrative functions of the Office of Governmental 97 Accountability, within available appropriations. Such necessary staff of 98 the Office of Governmental Accountability shall be in classified service. 99 (d) Nothing in this section shall be construed to affect or limit the 100 independent decision-making authority of the Judicial Review Council, 101 Judicial Selection Commission, Board of Firearms Permit Examiners, 102 Office of the Child Advocate, Office of the Victim Advocate, State 103 Contracting Standards Board, [or] Office of the Correction Ombuds or 104 Office of the Chief Drug Policy Officer. Such decision-making authority 105 includes, but is not limited to, decisions concerning budgetary issues 106 Substitute Bill No. 6698 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx } 5 of 10 and concerning the employment of necessary staff to carry out the 107 statutory duties of each such office, commission, council or board. 108 Sec. 3. Subsection (a) of section 1-301 of the general statutes is 109 repealed and the following is substituted in lieu thereof (Effective July 1, 110 2023): 111 (a) (1) There shall be a Governmental Accountability Commission, 112 within the Office of Governmental Accountability established under 113 section 1-300, as amended by this act, that shall consist of [seven] eight 114 members as follows: (A) The executive director of the Judicial Review 115 Council established under section 51-51k, or the executive director's 116 designee; (B) the chairperson of the Judicial Selection Commission 117 established under section 51-44a, or the chairperson's designee; (C) the 118 chairperson of the Board of Firearms Permit Examiners established 119 under section 29-32b, or the chairperson's designee; (D) the Child 120 Advocate appointed under section 46a-13k, or the advocate's designee; 121 (E) the Victim Advocate appointed under section 46a-13b, or the 122 advocate's designee; (F) the chairperson of the State Contracting 123 Standards Board established under section 4e-2, or the chairperson's 124 designee; [and] (G) the Correction Ombuds appointed under section 18-125 81jj, or the Correction Ombuds' designee; and (H) the Chief Drug Policy 126 Officer appointed under subsection (b) of section 1 of this act, or the 127 Chief Drug Policy Officer's designee, provided no person serving as a 128 designee under this subsection may be a state employee. The 129 Governmental Accountability Commission shall select a chairperson 130 who shall preside at meetings of the commission. Said commission shall 131 meet for the purpose of making recommendations to the Governor for 132 candidates for the executive administrator of the Office of 133 Governmental Accountability pursuant to the provisions of subsection 134 (b) of this section, or for the purpose of terminating the employment of 135 the executive administrator. 136 (2) The commission established under subdivision (1) of this 137 subsection shall not be construed to be a board or commission within 138 the meaning of section 4-9a. 139 Substitute Bill No. 6698 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx } 6 of 10 Sec. 4. Section 17a-673b of the general statutes is repealed and the 140 following is substituted in lieu thereof (Effective July 1, 2023): 141 (a) As used in this section: 142 (1) "Chief Drug Policy Officer" means the individual appointed 143 pursuant to subsection (b) of section 1 of this act; 144 [(1)] (2) "Commissioner" means the Commissioner of Mental Health 145 and Addiction Services; 146 [(2)] (3) "Department" means the Department of Mental Health and 147 Addiction Services; 148 (4) "Office of the Chief Drug Policy Officer" means the office 149 established in subsection (b) of section 1 of this act; 150 (5) "Opioid Settlement Fund" means the fund established in section 151 17a-674c, as amended by this act; 152 [(3)] (6) "Opioid use disorder" means a medical condition 153 characterized by a problematic pattern of opioid use and misuse leading 154 to clinically significant impairment or distress; and 155 [(4)] (7) "Peer navigator" means a person who (A) has experience 156 working with persons with substance use disorder, as defined in section 157 [20-74] 20-74s, (B) provides nonmedical mental health care and 158 substance use services to such persons, and (C) has a collaborative 159 relationship with a health care professional authorized to prescribe 160 medications to treat opioid use disorder. 161 (b) (1) On or before January 1, 2023, the department shall establish, 162 within available appropriations, a pilot program in urban, suburban 163 and rural communities to serve persons with opioid use disorder in such 164 communities. The department shall establish the pilot program in up to 165 five such communities in accordance with such terms and conditions as 166 the commissioner may prescribe. 167 Substitute Bill No. 6698 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx } 7 of 10 (2) On or before January 1, 2024, the department shall replace, within 168 the funds available in the Opioid Settlement Fund, the pilot program 169 established pursuant to subdivision (1) of this subsection with a state-170 wide peer navigator program to serve persons with opioid use disorder 171 in all communities in this state that elect to participate in such program. 172 The department shall establish such state-wide program in accordance 173 with such terms and conditions as the commissioner, in consultation 174 with the Chief Drug Policy Officer, may prescribe. The Office of the 175 Chief Drug Policy Officer shall serve as the central point of contact for 176 such state-wide program. 177 (c) Each community in which the pilot or state-wide program is 178 established under subdivision (1) or (2) of subsection (b) of this section, 179 as applicable, shall form a team of at least two peer navigators. The team 180 shall work in the community to (1) increase engagement between 181 providers of treatment services, health care and social services and 182 persons with opioid use disorder, (2) improve the retention of such 183 persons in treatment for opioid use disorder by addressing social 184 determinants of health of such persons and emerging local conditions 185 that affect such social determinants of health, and (3) increase the 186 capacity of the community to support such persons by identifying and 187 addressing systemic barriers to treatment services, health care, social 188 services and social support of such persons. The team shall (A) travel 189 throughout the community to address, in person, the health care and 190 social needs of persons with opioid use disorder, and (B) be accessible 191 to such persons through (i) a telephone number that has texting 192 capabilities, and (ii) social media. Each peer navigator that participates 193 in the pilot or state-wide program shall receive regularly updated 194 training, as determined by the commissioner for the pilot program, or 195 by the commissioner in consultation with the Chief Drug Policy Officer 196 for the state-wide program, on noncoercive and nonstigmatizing 197 methods for engaging [those] persons with opioid use disorder. 198 (d) (1) On or before January 1, 2024, the commissioner shall report, in 199 accordance with the provisions of section 11-4a, to the joint standing 200 committee of the General Assembly having cognizance of matters 201 Substitute Bill No. 6698 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx } 8 of 10 relating to public health regarding the success of the pilot program in 202 serving persons with opioid use disorder. [and any recommendations 203 for continuing the pilot program or expanding the pilot program into 204 other communities in the state.] 205 (2) On or before January 1, 2025, and annually thereafter, the 206 commissioner shall report, in consultation with the Chief Drug Policy 207 Officer and in accordance with the provisions of section 11-4a, to the 208 joint standing committees of the General Assembly having cognizance 209 of matters relating to consumer protection and public health regarding 210 the success of the state-wide program in serving persons with opioid 211 use disorder. 212 Sec. 5. Subsection (e) of section 17a-674c of the general statutes is 213 repealed and the following is substituted in lieu thereof (Effective July 1, 214 2023): 215 (e) Moneys in the fund shall be spent only for the following substance 216 use disorder abatement purposes, in accordance with the controlling 217 judgment, consent decree or settlement, as confirmed by the Attorney 218 General's review of such judgment, consent decree or settlement and 219 upon the approval of the committee and the Secretary of the Office of 220 Policy and Management: 221 (1) State-wide, regional or community substance use disorder needs 222 assessments to identify structural gaps and needs to inform 223 expenditures from the fund; 224 (2) Infrastructure required for evidence-based substance use disorder 225 prevention, treatment, recovery or harm reduction programs, services 226 and supports; 227 (3) Programs, services, supports and resources for evidence-based 228 substance use disorder prevention, treatment, recovery or harm 229 reduction; 230 (4) Evidence-informed substance use disorder prevention, treatment, 231 Substitute Bill No. 6698 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx } 9 of 10 recovery or harm reduction pilot programs or demonstration studies 232 that are not evidence-based, but are approved by the committee as an 233 appropriate use of moneys for a limited period of time as specified by 234 the committee, provided the committee shall assess whether the 235 evidence supports funding such programs or studies or whether it 236 provides a basis for funding such programs or studies with an 237 expectation of creating an evidence base for such programs and studies; 238 (5) Evaluation of effectiveness and outcomes reporting for substance 239 use disorder abatement infrastructure, programs, services, supports and 240 resources for which moneys from the fund have been disbursed, 241 including, but not limited to, impact on access to harm reduction 242 services or treatment for substance use disorders or reduction in drug-243 related mortality; 244 (6) One or more publicly available data interfaces managed by the 245 commissioner to aggregate, track and report data on (A) substance use 246 disorders, overdoses and drug-related harms, (B) spending 247 recommendations, plans and reports, and (C) outcomes of programs, 248 services, supports and resources for which moneys from the fund were 249 disbursed; 250 (7) Research on opioid abatement, including, but not limited to, 251 development of evidence-based treatment, barriers to treatment, 252 nonopioid treatment of chronic pain and harm reduction, supply-side 253 enforcement; 254 (8) Documented expenses incurred in administering and staffing the 255 fund and the committee, and expenses, including, but not limited to, 256 legal fees, incurred by the state or any municipality in securing 257 settlement proceeds, deposited in the fund as permitted by the 258 controlling judgment, consent decree or settlement; 259 (9) Documented expenses associated with managing, investing and 260 disbursing moneys in the fund; [and] 261 (10) Documented expenses, including legal fees, incurred by the state 262 Substitute Bill No. 6698 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06698-R01-HB.docx } 10 of 10 or any municipality in securing settlement proceeds deposited in the 263 fund to the extent such expenses are not otherwise reimbursed pursuant 264 to a fee agreement provided for by the controlling judgment, consent 265 decree or settlement; and 266 (11) Documented expenses incurred in administering the state-wide 267 peer navigator program established pursuant to subdivision (2) of 268 subsection (b) of section 17a-673b, as amended by this act. 269 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2023 New section Sec. 2 July 1, 2023 1-300 Sec. 3 July 1, 2023 1-301(a) Sec. 4 July 1, 2023 17a-673b Sec. 5 July 1, 2023 17a-674c(e) Statement of Legislative Commissioners: In Section 1(c)(5), "use" was added after "substance" for internal consistency; Section 1(d) was rewritten for clarity; in Section 3(a)(1), Subpara. (H) was moved to clarify the applicability of the provision concerning the employment status of persons serving as designees; in Section 4(a)(7), "20-74" was bracketed and "20-74s" was inserted after the closing bracket for accuracy; in Section 4(c), "subsection (b) of this section" was changed to "subdivision (1) or (2) of subsection (b) of this section, as applicable," and the last sentence was rewritten, for clarity. GL Joint Favorable Subst.