Connecticut 2023 2023 Regular Session

Connecticut House Bill HB06698 Comm Sub / Bill

Filed 03/23/2023

                     
 
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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 
 
 
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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 
 
 
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(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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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(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 
 
 
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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 
 
 
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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 
 
 
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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.