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Connecticut House Bill HB06698

Connecticut 2023 Regular Session

Connecticut House Bill HB06698 Compare Versions

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55 General Assembly Substitute Bill No. 6698
66 January Session, 2023
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1212 AN ACT CONCERNING DRUG POLICY, SUBSTANCE ABUSE AND
1313 PEER SUPPORT SERVICES.
1414 Be it enacted by the Senate and House of Representatives in General
1515 Assembly convened:
1616
1717 Section 1. (NEW) (Effective July 1, 2023) (a) As used in this section: 1
1818 (1) "Chief Drug Policy Officer" and "officer" mean the individual 2
1919 appointed pursuant to subsection (b) of this section; 3
2020 (2) "Office of Governmental Accountability" means the office 4
2121 established in section 1-300 of the general statutes, as amended by this 5
2222 act; 6
2323 (3) "Office of the Chief Drug Policy Officer" and "office" mean the 7
2424 office established in subsection (b) of this section; 8
2525 (4) "Opioid use disorder" has the same meaning as provided in 9
2626 section 17a-673b of the general statutes, as amended by this act; 10
2727 (5) "State agency" means any department , board, council, 11
2828 commission, institution or other executive branch agency of state 12
2929 government; 13
3030 (6) "State-wide peer navigator program" means the state-wide 14
3131 program established pursuant to subdivision (2) of subsection (b) of 15 Substitute Bill No. 6698
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3636 section 17a-673b of the general statutes, as amended by this act; and 16
3737 (7) "Substance use disorder" means a pattern of alcohol or other 17
3838 substance use that meets the applicable diagnostic criteria delineated in 18
3939 the most recent edition of the American Psychiatric Association's 19
4040 Diagnostic and Statistical Manual of Mental Disorders and includes, but 20
4141 is not limited to, opioid use disorder. 21
4242 (b) There is established, within the Office of Governmental 22
4343 Accountability, an Office of the Chief Drug Policy Officer. The Office of 23
4444 the Chief Drug Policy Officer shall be administered by a Chief Drug 24
4545 Policy Officer, who shall: 25
4646 (1) Have knowledge of substance use disorders and services 26
4747 provided to individuals with substance use disorders and their families; 27
4848 (2) Be appointed by the Governor with the approval of the General 28
4949 Assembly; 29
5050 (3) Serve for a term of four years and may be reappointed or shall 30
5151 continue to hold office until a successor is appointed and qualified; and 31
5252 (4) Notwithstanding any other provision of the general statutes, act 32
5353 independently of any state agency in performing the officer's duties. 33
5454 (c) The Chief Drug Policy Officer, within available appropriations, 34
5555 shall: 35
5656 (1) Appoint such staff as the officer deems necessary, which staff may 36
5757 perform the officer's duties set forth in this subsection under the officer's 37
5858 direction; 38
5959 (2) Ensure that the office serves as the central point of contact for the 39
6060 state-wide peer navigator program; 40
6161 (3) Ensure that the office serves as a centralized location for collecting 41
6262 information concerning services provided to individuals with substance 42
6363 use disorders and their families; 43 Substitute Bill No. 6698
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6868 (4) Evaluate the services that other state agencies and other entities 44
6969 provide to individuals with substance use disorders and their families, 45
7070 and the manner in which such agencies and entities provide such 46
7171 services; 47
7272 (5) Encourage coordination between state agencies in providing 48
7373 services to individuals with substance use disorders and their families 49
7474 for the purpose of preventing and eliminating duplication of efforts and 50
7575 decreasing costs incurred by state agencies in providing such services; 51
7676 (6) Receive and review complaints submitted by persons concerning 52
7777 the actions of state agencies and other entities that provide services to 53
7878 individuals with substance use disorders and their families, and 54
7979 investigate any such complaint that the officer believes indicates that an 55
8080 individual with a substance use disorder, or the family of any such 56
8181 individual, requires the officer's assistance; 57
8282 (7) Recommend changes in state policies concerning substance use 58
8383 disorders, including, but not limited to, changes in systems used to 59
8484 provide services to individuals with substance use disorders and their 60
8585 families; 61
8686 (8) Conduct programs of public education, undertake legislative 62
8787 advocacy and make proposals for systemic reform concerning substance 63
8888 use disorders and services provided to individuals with substance use 64
8989 disorders and their families; and 65
9090 (9) Advise the public concerning the purpose of the office, the 66
9191 services provided by the office and contact information for the office. 67
9292 (d) Not later than January 31, 2024, and annually thereafter, the Chief 68
9393 Drug Policy Officer shall submit a report to the Governor, and to the 69
9494 joint standing committees of the General Assembly having cognizance 70
9595 of matters relating to consumer protection, public health and the 71
9696 judiciary in accordance with the provisions of section 11-4a of the 72
9797 general statutes, detailing and analyzing the Office of the Chief Drug 73
9898 Policy Officer's work during the preceding calendar year. 74 Substitute Bill No. 6698
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103103 Sec. 2. Section 1-300 of the general statutes is repealed and the 75
104104 following is substituted in lieu thereof (Effective July 1, 2023): 76
105105 (a) There is established the Office of Governmental Accountability. 77
106106 The executive administrator of the office shall serve as the 78
107107 administrative head of the office, who shall be appointed in accordance 79
108108 with the provisions of section 1-301, as amended by this act. 80
109109 (b) The Office of Governmental Accountability shall provide 81
110110 personnel, payroll, affirmative action and administrative and business 82
111111 office functions and information technology associated with such 83
112112 functions for the following: The Judicial Review Council established 84
113113 under section 51-51k, Judicial Selection Commission established under 85
114114 section 51-44a, Board of Firearms Permit Examiners established under 86
115115 section 29-32b, Office of the Child Advocate established under section 87
116116 46a-13k, Office of the Victim Advocate established under section 46a-88
117117 13b, State Contracting Standards Board established under section 4e-2, 89
118118 [and] Office of the Correction Ombuds [,] established under section 18-90
119119 81qq, and Office of the Chief Drug Policy Officer established under 91
120120 subsection (b) of section 1 of this act. The personnel, payroll, affirmative 92
121121 action and administrative and business office functions of said offices, 93
122122 commission, council and boards shall be merged and consolidated 94
123123 within the Office of Governmental Accountability. 95
124124 (c) The executive administrator may employ necessary staff to carry 96
125125 out the administrative functions of the Office of Governmental 97
126126 Accountability, within available appropriations. Such necessary staff of 98
127127 the Office of Governmental Accountability shall be in classified service. 99
128128 (d) Nothing in this section shall be construed to affect or limit the 100
129129 independent decision-making authority of the Judicial Review Council, 101
130130 Judicial Selection Commission, Board of Firearms Permit Examiners, 102
131131 Office of the Child Advocate, Office of the Victim Advocate, State 103
132132 Contracting Standards Board, [or] Office of the Correction Ombuds or 104
133133 Office of the Chief Drug Policy Officer. Such decision-making authority 105
134134 includes, but is not limited to, decisions concerning budgetary issues 106 Substitute Bill No. 6698
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139139 and concerning the employment of necessary staff to carry out the 107
140140 statutory duties of each such office, commission, council or board. 108
141141 Sec. 3. Subsection (a) of section 1-301 of the general statutes is 109
142142 repealed and the following is substituted in lieu thereof (Effective July 1, 110
143143 2023): 111
144144 (a) (1) There shall be a Governmental Accountability Commission, 112
145145 within the Office of Governmental Accountability established under 113
146146 section 1-300, as amended by this act, that shall consist of [seven] eight 114
147147 members as follows: (A) The executive director of the Judicial Review 115
148148 Council established under section 51-51k, or the executive director's 116
149149 designee; (B) the chairperson of the Judicial Selection Commission 117
150150 established under section 51-44a, or the chairperson's designee; (C) the 118
151151 chairperson of the Board of Firearms Permit Examiners established 119
152152 under section 29-32b, or the chairperson's designee; (D) the Child 120
153153 Advocate appointed under section 46a-13k, or the advocate's designee; 121
154154 (E) the Victim Advocate appointed under section 46a-13b, or the 122
155155 advocate's designee; (F) the chairperson of the State Contracting 123
156156 Standards Board established under section 4e-2, or the chairperson's 124
157157 designee; [and] (G) the Correction Ombuds appointed under section 18-125
158158 81jj, or the Correction Ombuds' designee; and (H) the Chief Drug Policy 126
159159 Officer appointed under subsection (b) of section 1 of this act, or the 127
160160 Chief Drug Policy Officer's designee, provided no person serving as a 128
161161 designee under this subsection may be a state employee. The 129
162162 Governmental Accountability Commission shall select a chairperson 130
163163 who shall preside at meetings of the commission. Said commission shall 131
164164 meet for the purpose of making recommendations to the Governor for 132
165165 candidates for the executive administrator of the Office of 133
166166 Governmental Accountability pursuant to the provisions of subsection 134
167167 (b) of this section, or for the purpose of terminating the employment of 135
168168 the executive administrator. 136
169169 (2) The commission established under subdivision (1) of this 137
170170 subsection shall not be construed to be a board or commission within 138
171171 the meaning of section 4-9a. 139 Substitute Bill No. 6698
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176176 Sec. 4. Section 17a-673b of the general statutes is repealed and the 140
177177 following is substituted in lieu thereof (Effective July 1, 2023): 141
178178 (a) As used in this section: 142
179179 (1) "Chief Drug Policy Officer" means the individual appointed 143
180180 pursuant to subsection (b) of section 1 of this act; 144
181181 [(1)] (2) "Commissioner" means the Commissioner of Mental Health 145
182182 and Addiction Services; 146
183183 [(2)] (3) "Department" means the Department of Mental Health and 147
184184 Addiction Services; 148
185185 (4) "Office of the Chief Drug Policy Officer" means the office 149
186186 established in subsection (b) of section 1 of this act; 150
187187 (5) "Opioid Settlement Fund" means the fund established in section 151
188188 17a-674c, as amended by this act; 152
189189 [(3)] (6) "Opioid use disorder" means a medical condition 153
190190 characterized by a problematic pattern of opioid use and misuse leading 154
191191 to clinically significant impairment or distress; and 155
192192 [(4)] (7) "Peer navigator" means a person who (A) has experience 156
193193 working with persons with substance use disorder, as defined in section 157
194194 [20-74] 20-74s, (B) provides nonmedical mental health care and 158
195195 substance use services to such persons, and (C) has a collaborative 159
196196 relationship with a health care professional authorized to prescribe 160
197197 medications to treat opioid use disorder. 161
198198 (b) (1) On or before January 1, 2023, the department shall establish, 162
199199 within available appropriations, a pilot program in urban, suburban 163
200200 and rural communities to serve persons with opioid use disorder in such 164
201201 communities. The department shall establish the pilot program in up to 165
202202 five such communities in accordance with such terms and conditions as 166
203203 the commissioner may prescribe. 167 Substitute Bill No. 6698
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208208 (2) On or before January 1, 2024, the department shall replace, within 168
209209 the funds available in the Opioid Settlement Fund, the pilot program 169
210210 established pursuant to subdivision (1) of this subsection with a state-170
211211 wide peer navigator program to serve persons with opioid use disorder 171
212212 in all communities in this state that elect to participate in such program. 172
213213 The department shall establish such state-wide program in accordance 173
214214 with such terms and conditions as the commissioner, in consultation 174
215215 with the Chief Drug Policy Officer, may prescribe. The Office of the 175
216216 Chief Drug Policy Officer shall serve as the central point of contact for 176
217217 such state-wide program. 177
218218 (c) Each community in which the pilot or state-wide program is 178
219219 established under subdivision (1) or (2) of subsection (b) of this section, 179
220220 as applicable, shall form a team of at least two peer navigators. The team 180
221221 shall work in the community to (1) increase engagement between 181
222222 providers of treatment services, health care and social services and 182
223223 persons with opioid use disorder, (2) improve the retention of such 183
224224 persons in treatment for opioid use disorder by addressing social 184
225225 determinants of health of such persons and emerging local conditions 185
226226 that affect such social determinants of health, and (3) increase the 186
227227 capacity of the community to support such persons by identifying and 187
228228 addressing systemic barriers to treatment services, health care, social 188
229229 services and social support of such persons. The team shall (A) travel 189
230230 throughout the community to address, in person, the health care and 190
231231 social needs of persons with opioid use disorder, and (B) be accessible 191
232232 to such persons through (i) a telephone number that has texting 192
233233 capabilities, and (ii) social media. Each peer navigator that participates 193
234234 in the pilot or state-wide program shall receive regularly updated 194
235235 training, as determined by the commissioner for the pilot program, or 195
236236 by the commissioner in consultation with the Chief Drug Policy Officer 196
237237 for the state-wide program, on noncoercive and nonstigmatizing 197
238238 methods for engaging [those] persons with opioid use disorder. 198
239239 (d) (1) On or before January 1, 2024, the commissioner shall report, in 199
240240 accordance with the provisions of section 11-4a, to the joint standing 200
241241 committee of the General Assembly having cognizance of matters 201 Substitute Bill No. 6698
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246246 relating to public health regarding the success of the pilot program in 202
247247 serving persons with opioid use disorder. [and any recommendations 203
248248 for continuing the pilot program or expanding the pilot program into 204
249249 other communities in the state.] 205
250250 (2) On or before January 1, 2025, and annually thereafter, the 206
251251 commissioner shall report, in consultation with the Chief Drug Policy 207
252252 Officer and in accordance with the provisions of section 11-4a, to the 208
253253 joint standing committees of the General Assembly having cognizance 209
254254 of matters relating to consumer protection and public health regarding 210
255255 the success of the state-wide program in serving persons with opioid 211
256256 use disorder. 212
257257 Sec. 5. Subsection (e) of section 17a-674c of the general statutes is 213
258258 repealed and the following is substituted in lieu thereof (Effective July 1, 214
259259 2023): 215
260260 (e) Moneys in the fund shall be spent only for the following substance 216
261261 use disorder abatement purposes, in accordance with the controlling 217
262262 judgment, consent decree or settlement, as confirmed by the Attorney 218
263263 General's review of such judgment, consent decree or settlement and 219
264264 upon the approval of the committee and the Secretary of the Office of 220
265265 Policy and Management: 221
266266 (1) State-wide, regional or community substance use disorder needs 222
267267 assessments to identify structural gaps and needs to inform 223
268268 expenditures from the fund; 224
269269 (2) Infrastructure required for evidence-based substance use disorder 225
270270 prevention, treatment, recovery or harm reduction programs, services 226
271271 and supports; 227
272272 (3) Programs, services, supports and resources for evidence-based 228
273273 substance use disorder prevention, treatment, recovery or harm 229
274274 reduction; 230
275275 (4) Evidence-informed substance use disorder prevention, treatment, 231 Substitute Bill No. 6698
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280280 recovery or harm reduction pilot programs or demonstration studies 232
281281 that are not evidence-based, but are approved by the committee as an 233
282282 appropriate use of moneys for a limited period of time as specified by 234
283283 the committee, provided the committee shall assess whether the 235
284284 evidence supports funding such programs or studies or whether it 236
285285 provides a basis for funding such programs or studies with an 237
286286 expectation of creating an evidence base for such programs and studies; 238
287287 (5) Evaluation of effectiveness and outcomes reporting for substance 239
288288 use disorder abatement infrastructure, programs, services, supports and 240
289289 resources for which moneys from the fund have been disbursed, 241
290290 including, but not limited to, impact on access to harm reduction 242
291291 services or treatment for substance use disorders or reduction in drug-243
292292 related mortality; 244
293293 (6) One or more publicly available data interfaces managed by the 245
294294 commissioner to aggregate, track and report data on (A) substance use 246
295295 disorders, overdoses and drug-related harms, (B) spending 247
296296 recommendations, plans and reports, and (C) outcomes of programs, 248
297297 services, supports and resources for which moneys from the fund were 249
298298 disbursed; 250
299299 (7) Research on opioid abatement, including, but not limited to, 251
300300 development of evidence-based treatment, barriers to treatment, 252
301301 nonopioid treatment of chronic pain and harm reduction, supply-side 253
302302 enforcement; 254
303303 (8) Documented expenses incurred in administering and staffing the 255
304304 fund and the committee, and expenses, including, but not limited to, 256
305305 legal fees, incurred by the state or any municipality in securing 257
306306 settlement proceeds, deposited in the fund as permitted by the 258
307307 controlling judgment, consent decree or settlement; 259
308308 (9) Documented expenses associated with managing, investing and 260
309309 disbursing moneys in the fund; [and] 261
310310 (10) Documented expenses, including legal fees, incurred by the state 262 Substitute Bill No. 6698
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315315 or any municipality in securing settlement proceeds deposited in the 263
316316 fund to the extent such expenses are not otherwise reimbursed pursuant 264
317317 to a fee agreement provided for by the controlling judgment, consent 265
318318 decree or settlement; and 266
319319 (11) Documented expenses incurred in administering the state-wide 267
320320 peer navigator program established pursuant to subdivision (2) of 268
321321 subsection (b) of section 17a-673b, as amended by this act. 269
322322 This act shall take effect as follows and shall amend the following
323323 sections:
324324
325325 Section 1 July 1, 2023 New section
326326 Sec. 2 July 1, 2023 1-300
327327 Sec. 3 July 1, 2023 1-301(a)
328328 Sec. 4 July 1, 2023 17a-673b
329329 Sec. 5 July 1, 2023 17a-674c(e)
330330
331+Statement of Legislative Commissioners:
332+In Section 1(c)(5), "use" was added after "substance" for internal
333+consistency; Section 1(d) was rewritten for clarity; in Section 3(a)(1),
334+Subpara. (H) was moved to clarify the applicability of the provision
335+concerning the employment status of persons serving as designees; in
336+Section 4(a)(7), "20-74" was bracketed and "20-74s" was inserted after the
337+closing bracket for accuracy; in Section 4(c), "subsection (b) of this
338+section" was changed to "subdivision (1) or (2) of subsection (b) of this
339+section, as applicable," and the last sentence was rewritten, for clarity.
331340
332341 GL Joint Favorable Subst.
333-APP Joint Favorable
334342