LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009-R03- SB.docx 1 of 53 General Assembly Substitute Bill No. 9 January Session, 2023 AN ACT CONCERNING HEALTH AND WELLNESS FOR CONNECTICUT RESIDENTS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective from passage) (a) As used in this section, 1 "assisted reproductive technology" has the same meaning as provided 2 in 42 USC 263a-7, as amended from time to time. 3 (b) No person or entity may prohibit or unreasonably limit any 4 person from (1) accessing assisted reproductive technology, (2) 5 continuing or completing an ongoing assisted reproductive technology 6 treatment or procedure pursuant to a written plan or agreement with a 7 health care provider, or (3) retaining all rights regarding the use of 8 reproductive genetic materials, including, but not limited to, gametes 9 and embryos. 10 (c) No person or entity may prohibit or unreasonably limit a health 11 care provider who is licensed, certified or otherwise authorized to 12 perform assisted reproductive technology treatments or procedures 13 from (1) performing any such treatment or procedure, or (2) providing 14 evidence-based information related to assisted reproductive 15 technology. 16 Sec. 2. (Effective July 1, 2023) The Commissioner of Social Services 17 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 2 of 53 shall adjust Medicaid reimbursement criteria to provide funding for 18 same-day access to long-acting reversible contraceptives at federally 19 qualified health centers. As used in this section, "long-acting reversible 20 contraceptive" means any method of contraception that does not have 21 to be used or applied more than once a menstrual cycle or once a month. 22 Sec. 3. (Effective from passage) (a) As used in this section and section 4 23 of this act, "harm reduction center" means a medical facility where a 24 person with a substance use disorder may (1) receive (A) substance use 25 disorder and other mental health counseling, (B) educational 26 information regarding opioid antagonists, as defined in section 17a-714a 27 of the general statutes, and the risks of contracting diseases from sharing 28 hypodermic needles, (C) referrals to substance use disorder treatment 29 services, and (D) access to basic support services, including, but not 30 limited to, laundry machines, a bathroom, a shower and a place to rest, 31 and (2) in a separate location, safely consume controlled substances 32 under the observation of licensed health care providers who are present 33 to provide necessary medical treatment in the event of an overdose of a 34 controlled substance. 35 (b) The Department of Mental Health and Addiction Services, in 36 consultation with the Department of Public Health, shall establish a 37 pilot program to prevent drug overdoses through the establishment of 38 harm reduction centers in three municipalities in the state selected by 39 the Commissioner of Mental Health and Addiction Services, subject to 40 the approval of the chief elected officials of each municipality selected 41 by said commissioner. 42 (c) Each harm reduction center established pursuant to subsection (b) 43 of this section shall (1) employ licensed health care providers with 44 experience treating persons with substance use disorders to provide 45 substance use disorder or other mental health counseling and monitor 46 persons utilizing the harm reduction center for the purpose of providing 47 medical treatment to any person who experiences symptoms of an 48 overdose, in a number determined sufficient by the Commissioner of 49 Mental Health and Addiction Services, and (2) provide referrals for 50 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 3 of 53 substance use disorder or other mental health counseling or other 51 mental health or medical treatment services that may be appropriate for 52 persons utilizing the harm reduction center. A licensed health care 53 provider's participation in the pilot program shall not be grounds for 54 disciplinary action by the Department of Public Health pursuant to 55 section 19a-17 of the general statutes. 56 (d) The Commissioner of Mental Health and Addiction Services may 57 request a disbursement of funds from the Opioid Settlement Fund 58 established pursuant to section 17a-674c of the general statutes to fund, 59 in whole or in part, the establishment and administration of the pilot 60 program. 61 (e) The Commissioner of Mental Health and Addiction Services shall 62 adopt regulations, in accordance with the provisions of chapter 54 of the 63 general statutes, to implement the provisions of this section. 64 Sec. 4. (Effective from passage) (a) There is established a Harm 65 Reduction Center Pilot Program Advisory Committee that shall advise 66 the Department of Mental Health and Addiction Services on issues 67 concerning the establishment of the harm reduction center pilot 68 program pursuant to section 3 of this act. The advisory committee shall 69 meet at the discretion of the Commissioner of Mental Health and 70 Addiction Services and shall make recommendations to the 71 commissioner regarding the following: 72 (1) Maximizing the potential public health and safety benefits of the 73 harm reduction centers; 74 (2) The proper disposal of hypodermic needles; 75 (3) The recovery of persons utilizing the harm reduction centers; 76 (4) Federal, state and local laws impacting the creation and operation 77 of the harm reduction centers; 78 (5) Appropriate guidance to relevant professional licensing boards 79 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 4 of 53 concerning the impact of health care providers participating in the harm 80 reduction center pilot program on the effectiveness of the pilot program; 81 (6) Potential integration of the harm reduction center pilot program 82 with other public health efforts; 83 (7) Consideration of any other factors beneficial to promoting the 84 public health and safety in the operation of the harm reduction center 85 pilot program; and 86 (8) Liability protection for property owners and staff, volunteers and 87 participants in the harm reduction center pilot program, from criminal 88 or civil liability resulting from the operation of a harm reduction center. 89 (b) The advisory committee shall consist of the following members: 90 (1) The Commissioners of Mental Health and Addiction Services and 91 Public Health, or the commissioners' designee; 92 (2) The president of the Connecticut Conference of Municipalities, or 93 the president's designee; 94 (3) The cochairperson of the Opioid Settlement Advisory Committee 95 appointed by the speaker of the House of Representatives and the 96 president pro tempore of the Senate pursuant to subsection (c) of section 97 17a-674d of the general statutes, or the cochairperson's designee; 98 (4) One member who represents and shall be appointed by a medical 99 society in the state; 100 (5) One member who represents and shall be appointed by a hospital 101 society in the state; 102 (6) One member who represents and shall be appointed by the 103 Connecticut chapter of a national society of addiction medicine; 104 (7) Two members appointed by the speaker of the House of 105 Representatives, one of whom shall be a person with a substance use 106 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 5 of 53 disorder, and one of whom shall be an administrator of a harm 107 reduction center operating in another state; 108 (8) Two members appointed by the president pro tempore of the 109 Senate, one of whom shall be a health care provider experienced in 110 treating persons with substance use disorders and overdose prevention, 111 and one of whom shall be an administrator of a harm reduction center 112 operating in another state; 113 (9) One member appointed by the majority leader of the House of 114 Representatives, who shall be a current or former law enforcement 115 official; 116 (10) One member appointed by the majority leader of the Senate, who 117 shall be a family member of a person who suffered a fatal drug 118 overdose; 119 (11) One member appointed by the minority leader of the House of 120 Representatives, who shall be a licensed mental health care provider 121 with experience treating persons with opioid use disorder; and 122 (12) One member appointed by the minority leader of the Senate, who 123 shall be a licensed health care provider with experience treating persons 124 who have experienced a drug overdose. 125 (c) The Commissioner of Mental Health and Addiction Services, or 126 said commissioner's designee, shall be the chairperson of the committee. 127 The chairperson of the committee, with a vote of the majority of the 128 members present, may appoint ex-officio nonvoting members in 129 specialties not represented among voting members. Any vacancy shall 130 be filled by the appointing authority. 131 (d) The chairperson of the advisory committee may designate one or 132 more working groups to address specific issues and shall appoint the 133 members of each working group. Each working group shall report its 134 findings and recommendations to the full advisory committee. 135 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 6 of 53 (e) Not later than January 1, 2024, and annually thereafter until the 136 termination of the pilot program, the Commissioner of Mental Health 137 and Addiction Services shall report, in accordance with the provisions 138 of section 11-4a of the general statutes, to the joint standing committee 139 of the General Assembly having cognizance of matters relating to public 140 health regarding the recommendations of the advisory committee and 141 the outcome of the harm reduction center pilot program established 142 pursuant to section 3 of this act. 143 Sec. 5. (NEW) (Effective October 1, 2023) (a) As used in this section, (1) 144 "eligible entity" means a (A) municipality, (B) local or regional board of 145 education, (C) similar body governing one or more nonpublic school, 146 (D) district department of health, (E) municipal health department, or 147 (F) law enforcement agency, and (2) "opioid antagonist" means naloxone 148 hydrochloride or any other similarly acting and equally safe drug 149 approved by the federal Food and Drug Administration for the 150 treatment of a drug overdose. 151 (b) There is established an Opioid Antagonist Bulk Purchase Fund 152 which shall be a separate nonlapsing account within the General Fund. 153 The account shall contain any (1) amounts appropriated or otherwise 154 made available by the state for the purposes of this section, (2) moneys 155 required by law to be deposited in the account, and (3) gifts, grants, 156 donations or bequests made for the purposes of this section. Investment 157 earnings credited to the assets of the account shall become part of the 158 assets of the account. Any balance remaining in the account at the end 159 of any fiscal year shall be carried forward in the account for the fiscal 160 year next succeeding. The State Treasurer shall administer the account. 161 All moneys deposited in the account shall be used by the Department of 162 Mental Health and Addiction Services for the purposes of this section. 163 The department may deduct and retain from the moneys in the account 164 an amount equal to the costs incurred by the department in 165 administering the provisions of this section, except that said amount 166 shall not exceed two per cent of the moneys deposited in the account in 167 any fiscal year. 168 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 7 of 53 (c) The Department of Mental Health and Addiction Services shall 169 use the Opioid Antagonist Bulk Purchase Fund to make grants to 170 eligible entities for the purchase of large quantities of opioid antagonists 171 in bulk at a discounted price. The department may contract with a 172 wholesaler of prescription drugs for the purchasing and distribution of 173 opioid antagonists in bulk. The Commissioner of Mental Health and 174 Addiction Services shall establish an application process for eligible 175 entities to apply for a grant under this subsection. 176 (d) The Department of Mental Health and Addiction Services shall 177 adopt regulations implementing the provisions of this section, in 178 accordance with the provisions of chapter 54 of the general statutes. The 179 department may implement the policies and procedures contained in 180 such proposed regulations while in the process of adopting such 181 proposed regulations, provided the department publishes notice of 182 intention to adopt the regulations on the department's Internet web site 183 and on the eRegulations System not later than twenty days after 184 implementing such policies and procedures. Policies and procedures 185 implemented pursuant to this subsection shall be valid until the earlier 186 of the date on which such regulations are effective or one year after the 187 publication of such notice of intention. 188 (e) Not later than January 1, 2025, and annually thereafter, the 189 Commissioner of Mental Health and Addiction Services shall report, in 190 accordance with the provisions of section 11-4a of the general statutes, 191 to the joint standing committees of the General Assembly having 192 cognizance of matters relating to public health and appropriations and 193 the budgets of state agencies regarding the following information for 194 the preceding calendar year: (1) The number of grants applications 195 received, (2) the number of eligible entities that received grants under 196 this section, (3) the amount in grants made to each such eligible entity, 197 (4) the amount of opioid antagonists purchased by each such eligible 198 entity, (5) the use of the opioid antagonists purchased with such grants 199 by each such eligible entity, if known by the commissioner, and (6) any 200 recommendations regarding the Opioid Antagonist Bulk Purchase 201 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 8 of 53 Fund, including any proposed legislation to facilitate the purposes of 202 this section. 203 Sec. 6. Section 20-14o of the general statutes is repealed and the 204 following is substituted in lieu thereof (Effective October 1, 2023): 205 (a) As used in this section: 206 (1) "Opioid drug" has the same meaning as provided in 42 CFR 8.2, 207 as amended from time to time; 208 (2) "Adult" means a person who is at least eighteen years of age; 209 (3) "Prescribing practitioner" has the same meaning as provided in 210 section 20-14c; 211 (4) "Minor" means a person who is under eighteen years of age; 212 (5) "Opioid agonist" means a medication that binds to the opiate 213 receptors and provides relief to individuals in treatment for abuse of or 214 dependence on an opioid drug; 215 (6) "Opiate receptor" means a specific site on a cell surface that 216 interacts in a highly selective fashion with an opioid drug; 217 (7) "Palliative care" means specialized medical care to improve the 218 quality of life of patients and their families facing the problems 219 associated with a life-threatening illness; and 220 (8) "Opioid antagonist" has the same meaning as provided in section 221 17a-714a. 222 (b) When issuing a prescription for an opioid drug to an adult patient 223 for the first time for outpatient use, a prescribing practitioner who is 224 authorized to prescribe an opioid drug shall not issue a prescription for 225 more than a seven-day supply of such drug, as recommended in the 226 National Centers for Disease Control and Prevention's Guideline for 227 Prescribing Opioids for Chronic Pain. 228 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 9 of 53 (c) A prescribing practitioner shall not issue a prescription for an 229 opioid drug to a minor for more than a five-day supply of such drug. 230 (d) Notwithstanding the provisions of subsections (b) and (c) of this 231 section, if, in the professional medical judgment of a prescribing 232 practitioner, more than a seven-day supply of an opioid drug is required 233 to treat an adult patient's acute medical condition, or more than a five-234 day supply of an opioid drug is required to treat a minor patient's acute 235 medical condition, as determined by the prescribing practitioner, or is 236 necessary for the treatment of chronic pain, pain associated with a 237 cancer diagnosis or for palliative care, then the prescribing practitioner 238 may issue a prescription for the quantity needed to treat the acute 239 medical condition, chronic pain, pain associated with a cancer diagnosis 240 or pain experienced while the patient is in palliative care. The condition 241 triggering the prescription of an opioid drug for more than a seven-day 242 supply for an adult patient or more than a five-day supply for a minor 243 patient shall be documented in the patient's medical record and the 244 practitioner shall indicate that an alternative to the opioid drug was not 245 appropriate to address the medical condition. 246 (e) The provisions of subsections (b), (c) and (d) of this section shall 247 not apply to medications designed for the treatment of abuse of or 248 dependence on an opioid drug, including, but not limited to, opioid 249 agonists and opioid antagonists. 250 (f) When issuing a prescription for an opioid drug to an adult or 251 minor patient, the prescribing practitioner shall discuss with the patient 252 the risks associated with the use of such opioid drug, including, but not 253 limited to, the risks of addiction and overdose associated with opioid 254 drugs and the dangers of taking opioid drugs with alcohol, 255 benzodiazepines and other central nervous system depressants, and the 256 reasons the prescription is necessary, and, if applicable, with the 257 custodial parent, guardian or other person having legal custody of the 258 minor if such parent, guardian or other person is present at the time of 259 issuance of the prescription. 260 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 10 of 53 (g) When issuing a prescription for an opioid drug to an adult or 261 minor patient, the prescribing practitioner shall also issue a prescription 262 for an opioid antagonist to the patient when the following risk factors 263 are present: (1) The patient has a history of a substance use disorder; (2) 264 the prescribing practitioner issued a prescription for a high-dose opioid 265 drug that results in ninety morphine milligram equivalents or higher 266 per day; or (3) concurrent use by the patient of an opioid drug and a 267 benzodiazepine or nonbenzodiazepine sedative hypnotic. 268 Sec. 7. (NEW) (Effective July 1, 2023) (a) As used in this section: 269 (1) "Emergency medical services personnel" has the same meaning as 270 provided in section 19a-175 of the general statutes; 271 (2) "Opioid antagonist" means naloxone hydrochloride or any other 272 similarly acting and equally safe drug approved by the federal Food and 273 Drug Administration for the treatment of a drug overdose; 274 (3) "Opioid use disorder" means a medical condition characterized by 275 a problematic pattern of opioid use and misuse leading to clinically 276 significant impairment or distress; 277 (4) "Opioid drug" has the same meaning as provided in 42 CFR 8.2, 278 as amended from time to time; and 279 (5) "Pharmacist" has the same meaning as provided in section 20-609a 280 of the general statutes. 281 (b) Not later than January 1, 2024, the Office of Emergency Medical 282 Services, in collaboration with the Departments of Mental Health and 283 Addiction Services and Consumer Protection, shall develop a program 284 for the provision of opioid antagonists and related information by 285 emergency medical services personnel to certain members of the public. 286 Emergency medical services personnel shall distribute an opioid 287 antagonist kit containing a personal supply of opioid antagonists and 288 the one-page fact sheet developed by the Connecticut Alcohol and Drug 289 Policy Council pursuant to section 17a-667a of the general statutes 290 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 11 of 53 regarding the risks of taking an opioid drug, symptoms of opioid use 291 disorder and services available in the state for persons who experience 292 symptoms of or are otherwise affected by opioid use disorder to a 293 patient who (1) is treated by such personnel for an overdose of an opioid 294 drug, (2) displays symptoms to such personnel of opioid use disorder, 295 or (3) is treated at a location where such personnel observes evidence of 296 illicit use of an opioid drug, or to such patient's family member, 297 caregiver or friend who is present at the location. Emergency medical 298 services personnel shall refer the patient or such patient's family 299 member, caregiver or friend to the written instructions regarding the 300 administration of such opioid antagonist, as deemed appropriate by 301 such personnel. 302 (c) Emergency medical services organizations may obtain opioid 303 antagonists for dissemination through the program developed pursuant 304 to subsection (b) of this section from a pharmacist pursuant to section 305 20-633c, 20-633d, as amended by this act, or 21a-286 of the general 306 statutes. 307 (d) Emergency medical services personnel shall document the 308 number of opioid antagonist kits distributed pursuant to subsection (b) 309 of this section, including, but not limited to, the number of doses of an 310 opioid antagonist included in each kit. 311 (e) Not later than January 1, 2025, and annually thereafter, the 312 executive director of the Office of Emergency Medical Services shall 313 report, in accordance with the provisions of section 11-4a of the general 314 statutes, to the joint standing committee of the General Assembly 315 having cognizance of matters relating to public health regarding the 316 implementation of the program developed pursuant to subsection (b) of 317 this section, including, but not limited to, information contained in the 318 documentation prepared pursuant to subsection (d) of this section. 319 (f) The Department of Public Health may adopt regulations, in 320 accordance with the provisions of chapter 54 of the general statutes, to 321 implement the provisions of this section. 322 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 12 of 53 Sec. 8. Subsection (a) of section 20-633d of the general statutes is 323 repealed and the following is substituted in lieu thereof (Effective July 1, 324 2023): 325 (a) A prescribing practitioner, as defined in section 20-14c, who is 326 authorized to prescribe an opioid antagonist, as defined in section 17a-327 714a, and a pharmacy may enter into an agreement for a medical 328 protocol standing order at such pharmacy allowing a pharmacist 329 licensed under part II of this chapter to dispense an opioid antagonist 330 that is [(1)] administered by an intranasal application delivery system or 331 an auto-injection delivery system [, (2)] and approved by the federal 332 Food and Drug Administration [, and (3) dispensed to] to (1) any person 333 at risk of experiencing an overdose of an opioid drug, as defined in 42 334 CFR 8.2, [or to] (2) a family member, friend or other person in a position 335 to assist a person at risk of experiencing an overdose of an opioid drug, 336 or (3) an emergency medical services organization for purposes of 337 section 7 of this act. 338 Sec. 9. (NEW) (Effective July 1, 2023) (a) The Commissioner of 339 Education shall establish a Health Care Career Advisory Council 340 consisting of the following members: 341 (1) A representative of an association of hospitals in the state; 342 (2) A representative of a medical society in the state; 343 (3) A representative of the Connecticut chapter of a national 344 association of nurse practitioners; 345 (4) A representative of an association of nurses in the state; 346 (5) A representative of an association of physician assistants in the 347 state; 348 (6) A representative of the Connecticut chapter of a national 349 association of social workers; 350 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 13 of 53 (7) A representative of the Connecticut chapter of a national 351 association of psychologists in the state; and 352 (8) A representative of an association of pharmacists in the state. 353 (b) The advisory council shall advise the Commissioner of Education 354 concerning the development of a health care career program consisting 355 of (1) the promotion of the health care professions as career options to 356 students in middle and high school, including, but not limited to, 357 through career day presentations regarding health care career 358 opportunities in the state, the development of partnerships with health 359 care career education programs in the state and the creation of 360 counseling programs directed to high school students in order to inform 361 them about and recruit them to the health care professions, and (2) job 362 shadowing and internship experiences in health care fields for high 363 school students. 364 (c) Members shall receive no compensation except for reimbursement 365 for necessary expenses incurred in performing their duties. 366 (d) The Commissioner of Education shall schedule the first meeting 367 of the advisory council, which shall be held not later than September 1, 368 2023. The members shall elect the chairperson of the advisory council 369 from among the members of the council. A majority of the council 370 members shall constitute a quorum. A majority vote of a quorum shall 371 be required for any official action of the advisory council. The advisory 372 council shall meet upon the call of the chairperson or upon the majority 373 request of the council members. 374 (e) Not later than January 1, 2024, and not less than annually 375 thereafter, the advisory council shall submit a report, in accordance with 376 the provisions of section 11-4a of the general statutes, on its 377 recommendations to the Commissioner of Education and to the joint 378 standing committees of the General Assembly having cognizance of 379 matters relating to education and public health. 380 (f) The Commissioner of Education shall notify each local and 381 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 14 of 53 regional board of education of the advisory council's recommendations 382 not later than thirty days after the commissioner's receipt of the advisory 383 council's report containing such recommendations. 384 Sec. 10. (Effective from passage) (a) The Commissioner of Public Health 385 shall convene a working group to develop recommendations for 386 expanding the nursing workforce in the state. The working group shall 387 evaluate the following: (1) The quality of the nursing and nurse's aides 388 education programs in the state; (2) the quality of the clinical training 389 programs for nurses and nurse's aides in the state; (3) the potential for 390 increasing the number of clinical training sites for nurses and nurse's 391 aides; (4) the expansion of clinical training facilities in the state for 392 nurses and nurse's aides; and (5) barriers to recruitment and retention 393 of nurses and nurse's aides. 394 (b) The working group shall consist of the following members: 395 (1) Two representatives of a labor organization representing acute 396 care hospital workers in the state; 397 (2) Two representatives of a labor organization representing nurses 398 and nurse's aides employed by the state of Connecticut or a hospital or 399 long-term care facility in the state; 400 (3) Two representatives of a labor organization representing faculty 401 and professional staff at the regional community-technical colleges; 402 (4) The president of the Board of Regents for Higher Education, or the 403 president's designee; 404 (5) The president of the Connecticut State Colleges and Universities, 405 or the president's designee; 406 (6) The president of The University of Connecticut, or the president's 407 designee; 408 (7) One member of the administration of The University of 409 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 15 of 53 Connecticut Health Center; 410 (8) Two representatives of the Connecticut Conference of 411 Independent Colleges; 412 (9) The Commissioner of Public Health, or the commissioner's 413 designee; 414 (10) The Commissioner of Social Services, or the commissioner's 415 designee; 416 (11) The Commissioner of Administrative Services, or the 417 commissioner's designee; 418 (12) The Secretary of the Office of Policy and Management, or the 419 secretary's designee; 420 (13) A representative of the State Board of Examiners for Nursing; 421 (14) The chairpersons and ranking members of the joint standing 422 committee of the General Assembly having cognizance of matters 423 relating to public health, or the chairpersons' and ranking members' 424 designees; and 425 (15) The chairpersons and ranking members of the joint standing 426 committee of the General Assembly having cognizance of matters 427 relating to higher education and employment advancement, or the 428 chairpersons' and ranking members' designees. 429 (c) The cochairpersons of the working group shall be the 430 Commissioner of Public Health, or the commissioner's designee, and the 431 president of the Board of Regents for Higher Education, or the 432 president's designee. The cochairpersons shall schedule the first 433 meeting of the working group, which shall be held not later than sixty 434 days after the effective date of this section. 435 (d) Not later than January 1, 2024, the working group shall submit a 436 report, in accordance with the provisions of section 11-4a of the general 437 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 16 of 53 statutes, to the joint standing committees of the General Assembly 438 having cognizance of matters relating to public health and higher 439 education and employment advancement on its findings and any 440 recommendations for improving the recruitment and retention of 441 nurses and nurse's aides in the state, including, but not limited to, a five-442 year plan and a ten-year plan for increasing the nursing workforce in 443 the state. The working group shall terminate on the date that it submits 444 such report or January 1, 2024, whichever is later. 445 Sec. 11. (NEW) (Effective July 1, 2023) On and after January 1, 2024, 446 notwithstanding any provision of title 10a of the general statutes, each 447 public institution of higher education shall consider any licensed health 448 care provider who (1) has not less than ten years of clinical health care 449 experience in a field in which such provider is licensed, and (2) applies 450 for a position as an adjunct faculty member at such institution of higher 451 education in a health care related field in which such provider has such 452 experience, to be a qualified applicant for such position and give such 453 provider the same consideration as any other qualified applicant for 454 such position. As used in this section, "public institution of higher 455 education" means those constituent units identified in subdivisions (1) 456 and (2) of section 10a-1 of the general statutes. 457 Sec. 12. (NEW) (Effective July 1, 2023) (a) On or before January 1, 2024, 458 the Office of Higher Education shall establish and administer an adjunct 459 professor incentive grant program. The program shall provide incentive 460 grants to each licensed health care provider who accepts a position as 461 an adjunct professor at a public institution of higher education that was 462 offered to such provider after being considered as an applicant for such 463 position pursuant to section 11 of this act. Such grants shall be in an 464 annual amount that represents the difference between the provider's 465 most recent annual salary as a licensed health care provider in the 466 clinical setting and the provider's salary as an adjunct professor at such 467 institution of higher education, for as long as such provider remains 468 employed as an adjunct professor in a health care related field at such 469 institution of higher education. The executive director of the Office of 470 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 17 of 53 Higher Education shall establish the application process for the grant 471 program. 472 (b) Not later than January 1, 2025, and annually thereafter, the 473 executive director of the Office of Higher Education shall report, in 474 accordance with the provisions of section 11-4a of the general statutes, 475 to the joint standing committee of the General Assembly having 476 cognizance of matters relating to public health regarding the number 477 and demographics of the adjunct professors who applied for and 478 received incentive grants from the adjunct professor grant program 479 established under subsection (a) of this section, the number and types 480 of classes taught by such adjunct professors, the institutions of higher 481 education employing such adjunct professors and any other 482 information deemed pertinent by the executive director. 483 Sec. 13. (NEW) (Effective July 1, 2023) On and after January 1, 2024, the 484 Department of Public Health shall offer any competency evaluations 485 prescribed by the Commissioner of Public Health for nurse's aides, as 486 defined in section 20-102aa of the general statutes, in both English and 487 Spanish. 488 Sec. 14. (NEW) (Effective July 1, 2023) (a) As used in this section, 489 "personal care attendant", "consumer" and "personal care assistance" 490 have the same meanings as provided in section 17b-706 of the general 491 statutes. 492 (b) Not later than January 1, 2024, the Department of Social Services 493 shall establish and administer a personal care attendants career 494 pathways program to improve the quality of care offered by personal 495 care attendants and incentivize the recruitment and retention of 496 personal care attendants in the state. A personal care attendant who is 497 not employed by a consumer, but who is eligible for employment by a 498 consumer, may participate in the program following the completion of 499 a program orientation developed by the Commissioner of Social 500 Services. 501 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 18 of 53 (c) The career pathways program shall include, but need not be 502 limited to, the following objectives: 503 (1) Increase in employment retention and recruitment of personal 504 care attendants to maintain a stable workforce for consumers, including, 505 but not limited to, through the creation of career pathways for such 506 attendants that improve skill and knowledge and increase wages; 507 (2) Dignity in providing and receiving care through meaningful 508 collaboration between consumers and personal care attendants; 509 (3) Improvement in the quality of personal care assistance and the 510 overall quality of life of the consumer; 511 (4) Advancement of equity in the provision of personal care 512 assistance; 513 (5) Promotion of a culturally and linguistically competent workforce 514 of personal attendants to serve the growing racial, ethnic and linguistic 515 diversity of an aging population of consumers; and 516 (6) Promotion of self-determination principles by personal care 517 attendants. 518 (d) The Commissioner of Social Services shall offer the following 519 career pathways as part of the career pathways program: 520 (1) The basic skills career pathways, including (A) general health and 521 safety, and (B) adult education topics; and 522 (2) The specialized skills career pathways, including (A) cognitive 523 impairments and behavioral health, (B) complex physical care needs, 524 and (C) transitioning to home and community-based living from out-of-525 home care or homelessness. 526 (e) The Commissioner of Social Services shall develop or identify, in 527 consultation with a labor management committee at a hospital or health 528 care organization, the training curriculum for each career pathway of 529 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 19 of 53 the career pathways program. 530 (f) Not later than January 1, 2025, the Commissioner of Social Services 531 shall report in accordance with the provisions of section 11-4a of the 532 general statutes, to the joint standing committees of the General 533 Assembly having cognizance of matters relating to human services and 534 public health, on the following information concerning the career 535 pathways program: 536 (1) The number of personal care attendants who enrolled in the 537 program and types of career pathways chosen by each attendant; 538 (2) The number of personal care attendants who successfully 539 completed a career pathway and the types of career pathways 540 completed by each attendant; 541 (3) The effectiveness of the program, as determined by surveys, focus 542 groups and interviews of personal care attendants, and whether the 543 successful completion of a career pathway resulted in a related license 544 or certificate for each personal care attendant or the retention of 545 employment as a personal care attendant; 546 (4) The number of personal care attendants who were employed by a 547 consumer with specialized care needs after completing a specialized 548 career pathway and who were retained in employment by such 549 consumer for a period of not less than six months; and 550 (5) The number of personal care attendants who were employed by a 551 consumer with specialized care needs after completing a specialized 552 career pathway and were retained in employment by such consumer for 553 a period of at least twelve months. 554 Sec. 15. (NEW) (Effective October 1, 2023) (a) As used in this section, 555 (1) "board eligible" means a physician has passed the written portion of 556 the examination administered by a medical specialty board to become 557 certified in a particular specialty, and (2) "board certified" means a 558 physician has passed the written and oral portions of the examination 559 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 20 of 53 administered by a medical specialty board to become board certified in 560 a particular specialty. 561 (b) No hospital, or medical review committee of a hospital, shall 562 require, as part of its credentialing requirements for a (1) board eligible 563 physician to be granted privileges to practice in the hospital, that the 564 physician provide credentials of board certification in a particular 565 specialty until five years after the date on which the physician became 566 board eligible in such specialty, or (2) board certified physician to be 567 granted privileges to practice in the hospital, that the physician provide 568 credentials of board recertification. 569 Sec. 16. Section 20-14p of the general statutes is repealed and the 570 following is substituted in lieu thereof (Effective July 1, 2023): 571 (a) For purposes of this section: (1) "Covenant not to compete" means 572 any provision of an employment or other contract or agreement that 573 creates or establishes a professional relationship with a physician and 574 restricts the right of a physician to practice medicine in any geographic 575 area of the state for any period of time after the termination or cessation 576 of such partnership, employment or other professional relationship; (2) 577 "physician" means an individual licensed to practice medicine under 578 this chapter; and (3) "primary site where such physician practices" 579 means (A) the office, facility or location where a majority of the revenue 580 derived from such physician's services is generated, or (B) any other 581 office, facility or location where such physician practices and mutually 582 agreed to by the parties and identified in the covenant not to compete. 583 (b) (1) A covenant not to compete that is entered into, amended, 584 extended or renewed prior to July 1, 2023, is valid and enforceable only 585 if it is: (A) Necessary to protect a legitimate business interest; (B) 586 reasonably limited in time, geographic scope and practice restrictions as 587 necessary to protect such business interest; and (C) otherwise consistent 588 with the law and public policy. The party seeking to enforce a covenant 589 not to compete shall have the burden of proof in any proceeding. 590 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 21 of 53 (2) A covenant not to compete that is entered into, amended, 591 extended or renewed on or after July 1, 2016, but before June 30, 2023, 592 shall not: (A) Restrict the physician's competitive activities (i) for a 593 period of more than one year, and (ii) in a geographic region of more 594 than fifteen miles from the primary site where such physician practices; 595 or (B) be enforceable against a physician if (i) such employment contract 596 or agreement was not made in anticipation of, or as part of, a 597 partnership or ownership agreement and such contract or agreement 598 expires and is not renewed, unless, prior to such expiration, the 599 employer makes a bona fide offer to renew the contract on the same or 600 similar terms and conditions, or (ii) the employment or contractual 601 relationship is terminated by the employer, unless such employment or 602 contractual relationship is terminated for cause. 603 (3) Each covenant not to compete entered into, amended or renewed 604 on and after July 1, 2016, until June 30, 2023, shall be separately and 605 individually signed by the physician. 606 (4) On and after July 1, 2023, no employment, partnership or 607 ownership contract or agreement entered into, amended or renewed 608 shall contain a covenant not to compete and each covenant not to 609 compete entered into, amended or renewed on and after said date shall 610 be void and unenforceable. Any physician who is aggrieved by a 611 violation of this subdivision may bring a civil action in the Superior 612 Court to recover damages, together with court costs and reasonable 613 attorney's fees, and for such injunctive and equitable relief as the court 614 deems appropriate. 615 (c) The remaining provisions of any contract or agreement that 616 includes a covenant not to compete that is rendered void and 617 unenforceable, in whole or in part, under the provisions of this section 618 shall remain in full force and effect, including provisions that require 619 the payment of damages resulting from any injury suffered by reason of 620 termination of such contract or agreement. 621 Sec. 17. (NEW) (Effective July 1, 2023) (a) For purposes of this section: 622 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 22 of 53 (1) "Covenant not to compete" means any provision of an employment 623 or other contract or agreement that creates or establishes a professional 624 relationship with an advanced practice registered nurse and restricts the 625 right of an advanced practice registered nurse to provide health care 626 services as an advanced practice registered nurse in any geographic area 627 of the state for any period of time after the termination or cessation of 628 such partnership, employment or other professional relationship; and 629 (2) "advanced practice registered nurse" means an individual licensed 630 as an advanced practice registered nurse pursuant to chapter 378 of the 631 general statutes. 632 (b) On and after July 1, 2023, no employment, partnership or 633 ownership contract or agreement entered into, amended or renewed 634 shall contain a covenant not to compete and each covenant not to 635 compete entered into, amended or renewed on and after said date shall 636 be void and unenforceable. Any advanced practice registered nurse 637 who is aggrieved by a violation of this subsection may bring a civil 638 action in the Superior Court to recover damages, together with court 639 costs and reasonable attorney's fees, and for such injunctive and 640 equitable relief as the court deems appropriate. 641 (c) The remaining provisions of any contract or agreement that 642 includes a covenant not to compete that is rendered void and 643 unenforceable, in whole or in part, under the provisions of this section 644 shall remain in full force and effect, including provisions that require 645 the payment of damages resulting from any injury suffered by reason of 646 termination of such contract or agreement. 647 Sec. 18. (Effective from passage) (a) There is established a task force to 648 study medical malpractice reform to incentivize physicians and other 649 licensed health care providers to practice in the state. 650 (b) The task force shall consist of the following members: 651 (1) Two appointed by the speaker of the House of Representatives, 652 one of whom has expertise in medical malpractice laws and one of 653 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 23 of 53 whom has expertise in tort reform; 654 (2) Two appointed by the president pro tempore of the Senate, one of 655 whom shall be a representative of a medical society in the state and one 656 of whom shall be a representative of a hospital association in the state; 657 (3) One appointed by the majority leader of the House of 658 Representatives, who shall be a representative of a nurse's association 659 in the state; 660 (4) One appointed by the majority leader of the Senate, who shall be 661 a member of the judiciary; 662 (5) One appointed by the minority leader of the House of 663 Representatives, who shall be a member of an association of trial 664 lawyers in the state; 665 (6) One appointed by the minority leader of the Senate, who shall be 666 a health care advocate in the state; and 667 (7) The Commissioner of Public Health, or the commissioner's 668 designee. 669 (c) Any member of the task force appointed under subdivision (1), 670 (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 671 of the General Assembly. 672 (d) All initial appointments to the task force shall be made not later 673 than thirty days after the effective date of this section. Any vacancy shall 674 be filled by the appointing authority. 675 (e) The speaker of the House of Representatives and the president pro 676 tempore of the Senate shall select the chairpersons of the task force from 677 among the members of the task force. Such chairpersons shall schedule 678 the first meeting of the task force, which shall be held not later than sixty 679 days after the effective date of this section. 680 (f) The administrative staff of the joint standing committee of the 681 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 24 of 53 General Assembly having cognizance of matters relating to public 682 health shall serve as administrative staff of the task force. 683 (g) Not later than January 1, 2024, the task force shall submit a report 684 on its findings and recommendations to the joint standing committee of 685 the General Assembly having cognizance of matters relating to public 686 health, in accordance with the provisions of section 11-4a of the general 687 statutes. The task force shall terminate on the date that it submits such 688 report or January 1, 2024, whichever is later. 689 Sec. 19. (NEW) (Effective July 1, 2023) The Physical Therapy Licensure 690 Compact is hereby enacted into law and entered into by the state of 691 Connecticut with any and all jurisdictions legally joining therein in 692 accordance with its terms. The compact is substantially as follows: 693 "PHYSICAL THERAPY LICENSURE COMPACT 694 SECTION 1. PURPOSE 695 The purpose of the compact is to facilitate interstate practice of 696 physical therapy with the goal of improving public access to physical 697 therapy services. The practice of physical therapy occurs in the state 698 where the patient is located at the time of the patient encounter. The 699 compact preserves the regulatory authority of states to protect public 700 health and safety through the current system of state licensure. 701 The compact is designed to achieve the following objectives: 702 (1) Increase public access to physical therapy services by providing 703 for the mutual recognition of other member state licenses; 704 (2) Enhance the states' ability to protect the public's health and safety; 705 (3) Encourage the cooperation of member states in regulating multi-706 state physical therapy practice; 707 (4) Support spouses of relocating military members; 708 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 25 of 53 (5) Enhance the exchange of licensure, investigative and disciplinary 709 information between member states; and 710 (6) Allow a remote state to hold a provider of services with a compact 711 privilege in such state accountable to such state's practice standards. 712 SECTION 2. DEFINITIONS 713 As used in section 1, this section and sections 3 to 12, inclusive, of the 714 compact, and except as otherwise provided: 715 (1) "Active duty military" means full-time duty status in the active 716 uniformed service of the United States, including members of the 717 National Guard and Reserve on active duty orders pursuant to 10 USC 718 1209 and 1211, as amended from time to time; 719 (2) "Adverse action" means disciplinary action taken by a physical 720 therapy licensing board based upon misconduct, unacceptable 721 performance or a combination of both; 722 (3) "Alternative program" means a nondisciplinary monitoring or 723 practice remediation process approved by a physical therapy licensing 724 board, including, but not limited to, substance abuse issues; 725 (4) "Compact privilege" means the authorization granted by a remote 726 state to allow a licensee from another member state to practice as a 727 physical therapist or work as a physical therapist assistant in the remote 728 state under its laws and rules. The practice of physical therapy occurs in 729 the member state where the patient or client is located at the time of the 730 patient or client encounter; 731 (5) "Continuing competence" means a requirement, as a condition of 732 license renewal, to provide evidence of participation in, or completion 733 of, educational and professional activities relevant to practice or area of 734 work; 735 (6) "Data system" means a repository of information about licensees, 736 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 26 of 53 including examination, licensure, investigative, compact privilege and 737 adverse action; 738 (7) "Encumbered license" means a license that a physical therapy 739 licensing board has limited in any way; 740 (8) "Executive board" means a group of directors elected or appointed 741 to act on behalf of, and within the powers granted to them, by the 742 commission; 743 (9) "Home state" means the member state that is the licensee's 744 primary state of residence; 745 (10) "Investigative information" means information, records and 746 documents received or generated by a physical therapy licensing board 747 pursuant to an investigation; 748 (11) "Jurisprudence requirement" means the assessment of an 749 individual's knowledge of the laws and rules governing the practice of 750 physical therapy in a state; 751 (12) "Licensee" means an individual who currently holds an 752 authorization from the state to practice as a physical therapist or to work 753 as a physical therapist assistant; 754 (13) "Member state" means a state that has enacted the compact; 755 (14) "Party state" means any member state in which a licensee holds 756 a current license or compact privilege or is applying for a license or 757 compact privilege; 758 (15) "Physical therapist" means an individual who is licensed by a 759 state to practice physical therapy; 760 (16) "Physical therapist assistant" means an individual who is 761 licensed or certified by a state and who assists the physical therapist in 762 selected components of physical therapy; 763 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 27 of 53 (17) "Physical therapy", "physical therapy practice" and "the practice 764 of physical therapy" mean the care and services provided by or under 765 the direction and supervision of a licensed physical therapist; 766 (18) "Physical Therapy Compact Commission" or "commission" 767 means the national administrative body whose membership consists of 768 all states that have enacted the compact; 769 (19) "Physical therapy licensing board" or "licensing board" means the 770 agency of a state that is responsible for the licensing and regulation of 771 physical therapists and physical therapist assistants; 772 (20) "Remote state" means a member state other than the home state, 773 where a licensee is exercising or seeking to exercise the compact 774 privilege; 775 (21) "Rule" means a regulation, principle, or directive promulgated 776 by the commission that has the force of law; and 777 (22) "State" means any state, commonwealth, district or territory of 778 the United States of America that regulates the practice of physical 779 therapy. 780 SECTION 3. STATE PARTICIPATION IN THE COMPACT 781 (a) To participate in the compact, a state shall: 782 (1) Participate fully in the commission's data system, including using 783 the commission's unique identifier as defined in rules; 784 (2) Have a mechanism in place for receiving and investigating 785 complaints about licensees; 786 (3) Notify the commission, in compliance with the terms of the 787 compact and rules, of any adverse action or of the availability of 788 investigative information regarding a licensee; 789 (4) Fully implement a criminal background check requirement, 790 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 28 of 53 within a time frame established by rule, by receiving the results of the 791 Federal Bureau of Investigation record search on criminal background 792 checks and use the results in making licensure decisions in accordance 793 with subsection (b) of this section; 794 (5) Comply with the rules of the commission; 795 (6) Utilize a recognized national examination as a requirement for 796 licensure pursuant to the rules of the commission; and 797 (7) Have continuing competence requirements as a condition for 798 license renewal. 799 (b) Upon adoption of the compact, the member state shall have the 800 authority to obtain biometric-based information from each physical 801 therapy licensure applicant and shall submit such information to the 802 Federal Bureau of Investigation for a criminal background check in 803 accordance with 28 USC 534 and 42 USC 14616, as amended from time 804 to time. 805 (c) A member state shall grant the compact privilege to a licensee 806 holding a valid unencumbered license in another member state in 807 accordance with the terms of the compact and rules. 808 (d) Member states may charge a fee for granting a compact privilege. 809 SECTION 4. COMPACT PRIVILEGE 810 (a) To exercise the compact privilege under the terms and provisions 811 of the compact, the licensee shall: 812 (1) Hold a license in the home state; 813 (2) Have no encumbrance on any state license; 814 (3) Be eligible for a compact privilege in any member state in 815 accordance with subsections (d), (g) and (h) of this section; 816 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 29 of 53 (4) Have not had any adverse action against any license or compact 817 privilege within the previous two years; 818 (5) Notify the commission that the licensee is seeking the compact 819 privilege within a remote state or remote states; 820 (6) Pay any applicable fees, including any state fee, for the compact 821 privilege; 822 (7) Meet any jurisprudence requirements established by the remote 823 state or states in which the licensee is seeking a compact privilege; and 824 (8) Report to the commission adverse action taken by any 825 nonmember state not later than thirty days after the date the adverse 826 action is taken. 827 (b) The compact privilege is valid until the expiration date of the 828 home license. The licensee shall comply with the requirements of 829 subsection (a) of this section of the compact to maintain the compact 830 privilege in the remote state. 831 (c) A licensee providing physical therapy in a remote state under the 832 compact privilege shall function within the laws and regulations of the 833 remote state. 834 (d) A licensee providing physical therapy in a remote state is subject 835 to such state's regulatory authority. A remote state may, in accordance 836 with due process and such state's laws, remove a licensee's compact 837 privilege in the remote state for a specific period of time, impose fines 838 and take any other necessary action to protect the health and safety of 839 its citizens. The licensee is not eligible for a compact privilege in any 840 state until the specific time for removal has passed and all fines are paid. 841 (e) If a home state license is encumbered, the licensee shall lose the 842 compact privilege in any remote state until the following occur: 843 (1) The home state license is no longer encumbered; and 844 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 30 of 53 (2) Two years have elapsed from the date of the adverse action. 845 (f) Once an encumbered license in the home state is restored to good 846 standing, the licensee shall meet the requirements of subsection (a) of 847 this section of the compact to obtain a compact privilege in any remote 848 state. 849 (g) If a licensee's compact privilege in any remote state is removed, 850 the individual shall lose the compact privilege in any remote state until 851 the following occur: 852 (1) The specific period of time for which the compact privilege was 853 removed has ended; 854 (2) All fines have been paid; and 855 (3) Two years have elapsed from the date of the adverse action. 856 (h) Once the requirements of subsection (g) of this section of the 857 compact have been met, the licensee shall meet the requirements set 858 forth in subsection (a) of this section of the compact to obtain a compact 859 privilege in a remote state. 860 SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR 861 SPOUSES 862 A licensee who is active duty military or is the spouse of an 863 individual who is active duty military may designate one of the 864 following as the home state: 865 (1) Home of record; 866 (2) Permanent change of station (PCS); or 867 (3) State of current residence if such state is different from the PCS 868 state or home of record. 869 SECTION 6. ADVERSE ACTIONS 870 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 31 of 53 (a) A home state shall have exclusive power to impose adverse action 871 against a license issued by the home state. 872 (b) A home state may take adverse action based on the investigative 873 information of a remote state, so long as the home state follows its own 874 procedures for imposing adverse action. 875 (c) Nothing in the compact shall override a member state's decision 876 that participation in an alternative program may be used in lieu of 877 adverse action and that such participation shall remain nonpublic if 878 required by the member state's laws. Member states shall require 879 licensees who enter any alternative programs in lieu of discipline to 880 agree not to practice in any other member state during the term of the 881 alternative program without prior authorization from such other 882 member state. 883 (d) Any member state may investigate actual or alleged violations of 884 the statutes and rules authorizing the practice of physical therapy in any 885 other member state in which a physical therapist or physical therapist 886 assistant holds a license or compact privilege. 887 (e) A remote state shall have the authority to: 888 (1) Take adverse actions as set forth in subsection (d) of section 4 of 889 the compact against a licensee's compact privilege in the state; 890 (2) Issue subpoenas for both hearings and investigations that require 891 the attendance and testimony of witnesses and the production of 892 evidence. Subpoenas issued by a physical therapy licensing board in a 893 party state for the attendance and testimony of witnesses or the 894 production of evidence from another party state shall be enforced in 895 such other party state by any court of competent jurisdiction, according 896 to the practice and procedure of such court applicable to subpoenas 897 issued in proceedings pending before such court. The issuing authority 898 shall pay any witness fees, travel expenses, mileage and other fees 899 required by the service statutes of the state where the witnesses or 900 evidence are located; and 901 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 32 of 53 (3) If otherwise permitted by state law, recover from the licensee the 902 costs of investigations and disposition of cases resulting from any 903 adverse action taken against such licensee. 904 (f) Joint Investigations 905 (1) In addition to the authority granted to a member state by its 906 respective physical therapy practice act or other applicable state law, a 907 member state may participate with other member states in joint 908 investigations of licensees. 909 (2) Member states shall share any investigative, litigation or 910 compliance materials in furtherance of any joint or individual 911 investigation initiated under the compact. 912 SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY 913 COMPACT COMMISSION 914 (a) The compact member states hereby create and establish a joint 915 public agency known as the Physical Therapy Compact Commission. 916 (1) The commission is an instrumentality of the compact states. 917 (2) Venue is proper and judicial proceedings by or against the 918 commission shall be brought solely and exclusively in a court of 919 competent jurisdiction where the principal office of the commission is 920 located. The commission may waive venue and jurisdictional defenses 921 to the extent that it adopts or consents to participate in alternative 922 dispute resolution proceedings. 923 (3) Nothing in the compact shall be construed to be a waiver of 924 sovereign immunity. 925 (b) Membership, Voting and Meetings 926 (1) Each member state shall have and be limited to one delegate 927 selected by such member state's licensing board. 928 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 33 of 53 (2) The delegate shall be a current member of the licensing board who 929 is a physical therapist, a physical therapist assistant, a public member or 930 the board administrator. 931 (3) Any delegate may be removed or suspended from office as 932 provided by the law of the state from which the delegate is appointed. 933 (4) The member state board shall fill any vacancy occurring in the 934 commission. 935 (5) Each delegate shall be entitled to one vote with regard to the 936 promulgation of rules and creation of bylaws and shall otherwise have 937 an opportunity to participate in the business and affairs of the 938 commission. 939 (6) A delegate shall vote in person or by such other means as 940 provided in the bylaws. The bylaws may provide for delegates' 941 participation in meetings by telephone or other means of 942 communication. 943 (7) The commission shall meet at least once during each calendar 944 year. Additional meetings shall be held as set forth in the bylaws. 945 (c) The commission shall have the following powers and duties: 946 (1) Establish the fiscal year of the commission; 947 (2) Establish bylaws; 948 (3) Maintain its financial records in accordance with the bylaws; 949 (4) Meet and take such actions as are consistent with the provisions 950 of the compact and the bylaws; 951 (5) Promulgate uniform rules to facilitate and coordinate 952 implementation and administration of the compact. The rules shall have 953 the force and effect of law and shall be binding in all member states; 954 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 34 of 53 (6) Bring and prosecute legal proceedings or actions in the name of 955 the commission, provided the standing of any state physical therapy 956 licensing board to sue or be sued under applicable law shall not be 957 affected; 958 (7) Purchase and maintain insurance and bonds; 959 (8) Borrow, accept or contract for services of personnel, including, but 960 not limited to, employees of a member state; 961 (9) Hire employees, elect or appoint officers, fix compensation, define 962 duties and grant such individuals appropriate authority to carry out the 963 purposes of the compact and establish the commission's personnel 964 policies and programs relating to conflicts of interest, qualifications of 965 personnel and other related personnel matters; 966 (10) Accept any and all appropriate donations and grants of money, 967 equipment, supplies, materials and services and receive, utilize and 968 dispose of such money, equipment, supplies, materials and services, 969 provided at all times the commission shall avoid any appearance of 970 impropriety or conflict of interest; 971 (11) Lease, purchase, accept appropriate gifts or donations of, or 972 otherwise own, hold, improve or use any property, real, personal or 973 mixed, provided at all times the commission shall avoid any appearance 974 of impropriety; 975 (12) Sell, convey, mortgage, pledge, lease, exchange, abandon or 976 otherwise dispose of any real, personal or mixed property; 977 (13) Establish a budget and make expenditures; 978 (14) Borrow money; 979 (15) Appoint committees, including standing committees composed 980 of members, state regulators, state legislators or their representatives, 981 and consumer representatives and such other interested persons as may 982 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 35 of 53 be designated in the compact and the bylaws; 983 (16) Provide and receive information from, and cooperate with, law-984 enforcement agencies; 985 (17) Establish and elect an executive board; and 986 (18) Perform such other functions as may be necessary or appropriate 987 to achieve the purposes of the compact consistent with the state 988 regulation of physical therapy licensure and practice. 989 (d) The Executive Board 990 The executive board shall have the power to act on behalf of the 991 commission according to the terms of the compact. 992 (1) The executive board shall be composed of nine members as 993 follows: 994 (A) Seven voting members who are elected by the commission from 995 the current membership of the commission; 996 (B) One ex-officio, nonvoting member from the recognized national 997 physical therapy professional association; and 998 (C) One ex-officio, nonvoting member from the recognized 999 membership organization of the physical therapy licensing boards. 1000 (2) The ex-officio members shall be selected by their respective 1001 organizations. 1002 (3) The commission may remove any member of the executive board 1003 as provided in bylaws. 1004 (4) The executive board shall meet at least annually. 1005 (5) The executive board shall have the following duties and 1006 responsibilities: 1007 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 36 of 53 (A) Recommend to the entire commission changes to the rules or 1008 bylaws, changes to the compact legislation, fees paid by compact 1009 member states, including annual dues, and any commission compact fee 1010 charged to licensees for the compact privilege; 1011 (B) Ensure compact administration services are appropriately 1012 provided, contractual or otherwise; 1013 (C) Prepare and recommend the budget; 1014 (D) Maintain financial records on behalf of the commission; 1015 (E) Monitor compact compliance of member states and provide 1016 compliance reports to the commission; 1017 (F) Establish additional committees as necessary; and 1018 (G) Perform other duties as provided in rules or bylaws. 1019 (e) Meetings of the Commission 1020 (1) All meetings shall be open to the public, and public notice of 1021 meetings shall be given in the same manner as required under the 1022 rulemaking provisions of section 9 of the compact. 1023 (2) The commission or the executive board or other committees of the 1024 commission may convene in a closed, nonpublic meeting if the 1025 commission or executive board or other committees of the commission 1026 shall discuss: 1027 (A) Noncompliance of a member state with its obligations under the 1028 compact; 1029 (B) The employment, compensation, discipline or other matters, 1030 practices or procedures related to specific employees or other matters 1031 related to the commission's internal personnel practices and procedures; 1032 (C) Current, threatened or reasonably anticipated litigation; 1033 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 37 of 53 (D) Negotiation of contracts for the purchase, lease or sale of goods, 1034 services or real estate; 1035 (E) Accusing any person of a crime or formally censuring any person; 1036 (F) Disclosure of trade secrets or commercial or financial information 1037 that is privileged or confidential; 1038 (G) Disclosure of information of a personal nature where disclosure 1039 would constitute a clearly unwarranted invasion of personal privacy; 1040 (H) Disclosure of investigative records compiled for law-enforcement 1041 purposes; 1042 (I) Disclosure of information related to any investigative reports 1043 prepared by or on behalf of or for use of the commission or other 1044 committee charged with responsibility of investigation or determination 1045 of compliance issues pursuant to the compact; or 1046 (J) Matters specifically exempted from disclosure by federal or 1047 member state statute. 1048 (3) If a meeting or portion of a meeting is closed pursuant to this 1049 provision, the commission's legal counsel or designee shall certify that 1050 the meeting may be closed and shall reference each relevant exempting 1051 provision. 1052 (4) The commission shall keep minutes that fully and clearly describe 1053 all matters discussed in a meeting and shall provide a full and accurate 1054 summary of actions taken and the reasons therefor, including a 1055 description of the views expressed. All documents considered in 1056 connection with an action shall be identified in such minutes. All 1057 minutes and documents of a closed meeting shall remain under seal, 1058 subject to release by a majority vote of the commission or order of a 1059 court of competent jurisdiction. 1060 (f) Financing of the Commission 1061 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 38 of 53 (1) The commission shall pay or provide for the payment of the 1062 reasonable expenses of its establishment, organization and ongoing 1063 activities. 1064 (2) The commission may accept any and all appropriate revenue 1065 sources, donations and grants of money, equipment, supplies, materials 1066 and services. 1067 (3) The commission may levy on and collect an annual assessment 1068 from each member state or impose fees on other parties to cover the cost 1069 of the operations and activities of the commission and its staff, which 1070 shall be in a total amount sufficient to cover its annual budget as 1071 approved each year for which revenue is not provided by other sources. 1072 The aggregate annual assessment amount shall be allocated based upon 1073 a formula to be determined by the commission, which shall promulgate 1074 a rule binding upon all member states. 1075 (4) The commission shall not incur obligations of any kind prior to 1076 securing the funds adequate to meet such obligations, or pledge the 1077 credit of any of the member states, except by and with the authority of 1078 the member state. 1079 (5) The commission shall keep accurate accounts of all receipts and 1080 disbursements. The receipts and disbursements of the commission shall 1081 be subject to the audit and accounting procedures established under its 1082 bylaws. All receipts and disbursements of funds handled by the 1083 commission shall be audited annually by a certified or licensed public 1084 accountant and the report of the audit shall be included in and become 1085 part of the annual report of the commission. 1086 (g) Qualified Immunity, Defense and Indemnification 1087 (1) The members, officers, executive director, employees and 1088 representatives of the commission shall be immune from suit and 1089 liability, either personally or in their official capacity, for any claim for 1090 damage to or loss of property or personal injury or other civil liability 1091 caused by or arising out of any actual or alleged act, error or omission 1092 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 39 of 53 that occurred or that the person against whom the claim is made had a 1093 reasonable basis for believing occurred within the scope of commission 1094 employment, duties or responsibilities, provided nothing in this 1095 subdivision shall be construed to protect any such person from suit or 1096 liability for any damage, loss, injury or liability caused by the intentional 1097 or wilful or wanton misconduct of such person. 1098 (2) The commission shall defend any member, officer, executive 1099 director, employee or representative of the commission in any civil 1100 action seeking to impose liability arising out of any actual or alleged act, 1101 error or omission that occurred within the scope of commission 1102 employment, duties or responsibilities or that the person against whom 1103 the claim is made had a reasonable basis for believing occurred within 1104 the scope of commission employment, duties or responsibilities, 1105 provided (A) nothing in this subdivision shall be construed to prohibit 1106 such person from retaining his or her own counsel, and (B) the actual or 1107 alleged act, error or omission did not result from such person's 1108 intentional or wilful or wanton misconduct. 1109 (3) The commission shall indemnify and hold harmless any member, 1110 officer, executive director, employee or representative of the 1111 commission for the amount of any settlement or judgment obtained 1112 against such person arising out of any actual or alleged act, error or 1113 omission that occurred within the scope of commission employment, 1114 duties or responsibilities or that such person had a reasonable basis for 1115 believing occurred within the scope of commission employment, duties 1116 or responsibilities, provided the actual or alleged act, error or omission 1117 did not result from the intentional or wilful or wanton misconduct of 1118 such person. 1119 SECTION 8. DATA SYSTEM 1120 (a) The commission shall provide for the development, maintenance 1121 and utilization of a coordinated database and reporting system 1122 containing licensure, adverse action and investigative information on all 1123 licensed individuals in member states. 1124 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 40 of 53 (b) Notwithstanding any other provision of state law to the contrary, 1125 a member state shall submit a uniform data set to the data system on all 1126 individuals to whom the compact is applicable as required by the rules 1127 of the commission, including: 1128 (1) Identifying information; 1129 (2) Licensure data; 1130 (3) Adverse actions against a license or compact privilege; 1131 (4) Nonconfidential information related to alternative program 1132 participation; 1133 (5) Any denial of application for licensure, and the reason for such 1134 denial; and 1135 (6) Other information that may facilitate the administration of the 1136 compact, as determined by the rules of the commission. 1137 (c) Investigative information pertaining to a licensee in any member 1138 state shall only be available to other party states. 1139 (d) The commission shall promptly notify all member states of any 1140 adverse action taken against a licensee or an individual applying for a 1141 license. Adverse action information pertaining to a licensee in any 1142 member state shall be available to any other member state. 1143 (e) Member states contributing information to the data system may 1144 designate information that may not be shared with the public without 1145 the express permission of the contributing state. 1146 (f) Any information submitted to the data system that is subsequently 1147 required to be expunged by the laws of the member state contributing 1148 the information shall be removed from the data system. 1149 SECTION 9. RULEMAKING 1150 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 41 of 53 (a) The commission shall exercise its rulemaking powers pursuant to 1151 the criteria set forth in this section and the rules adopted thereunder. 1152 Rules and amendments shall become binding as of the date specified in 1153 each rule or amendment. 1154 (b) If a majority of the legislatures of the member states rejects a rule, 1155 by enactment of a statute or resolution in the same manner used to adopt 1156 the compact not later than four years after the date of adoption of the 1157 rule, such rule shall have no further force and effect in any member 1158 state. 1159 (c) Rules or amendments to the rules shall be adopted at a regular or 1160 special meeting of the commission. 1161 (d) Prior to promulgation and adoption of a final rule or rules by the 1162 commission, and at least thirty days in advance of the meeting at which 1163 the rule will be considered and voted upon, the commission shall file a 1164 notice of proposed rulemaking: 1165 (1) On the Internet web site of the commission or other publicly 1166 accessible platform; and 1167 (2) On the Internet web site of each member state physical therapy 1168 licensing board or other publicly accessible platform or the publication 1169 in which each state would otherwise publish proposed rules. 1170 (e) The notice of proposed rulemaking shall include: 1171 (1) The proposed time, date and location of the meeting in which the 1172 rule will be considered and voted upon; 1173 (2) The text of the proposed rule or amendment and the reason for 1174 the proposed rule; 1175 (3) A request for comments on the proposed rule from any interested 1176 person; and 1177 (4) The manner in which interested persons may submit notice to the 1178 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 42 of 53 commission of their intention to attend the public hearing and any 1179 written comments. 1180 (f) Prior to adoption of a proposed rule, the commission shall allow 1181 persons to submit written data, facts, opinions and arguments, which 1182 shall be made available to the public. 1183 (g) The commission shall grant an opportunity for a public hearing 1184 before it adopts a rule or amendment if a hearing is requested by: 1185 (1) At least twenty-five persons; 1186 (2) A state or federal governmental subdivision or agency; or 1187 (3) An association having at least twenty-five members. 1188 (h) If a hearing is held on the proposed rule or amendment, the 1189 commission shall publish the place, time and date of the scheduled 1190 public hearing. If the hearing is held via electronic means, the 1191 commission shall publish the mechanism for access to the electronic 1192 hearing. 1193 (1) All persons wishing to be heard at the hearing shall notify the 1194 executive director of the commission or other designated member in 1195 writing of their desire to appear and testify at the hearing not less than 1196 five business days before the scheduled date of the hearing. 1197 (2) Hearings shall be conducted in a manner providing each person 1198 who wishes to comment a fair and reasonable opportunity to comment 1199 orally or in writing. 1200 (3) All hearings shall be recorded. A copy of the recording shall be 1201 made available on request. 1202 (4) Nothing in this section shall be construed as requiring a separate 1203 hearing on each rule. Rules may be grouped for the convenience of the 1204 commission at hearings required by this section. 1205 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 43 of 53 (i) Following the scheduled hearing date, or by the close of business 1206 on the scheduled hearing date if the hearing was not held, the 1207 commission shall consider all written and oral comments received. 1208 (j) If no written notice of intent to attend the public hearing by 1209 interested parties is received, the commission may proceed with 1210 promulgation of the proposed rule without a public hearing. 1211 (k) The commission shall, by majority vote of all members, take final 1212 action on the proposed rule and shall determine the effective date of the 1213 rule, if any, based on the rulemaking record and the full text of the rule. 1214 (l) Upon determination that an emergency exists, the commission 1215 may consider and adopt an emergency rule without prior notice, 1216 opportunity for comment or hearing, provided the usual rulemaking 1217 procedures provided in the compact and in this section shall be 1218 retroactively applied to the rule as soon as reasonably possible, but in 1219 no event later than ninety days after the effective date of the rule. For 1220 the purposes of this subsection, an emergency rule shall be adopted 1221 immediately to: 1222 (1) Meet an imminent threat to public health, safety or welfare; 1223 (2) Prevent a loss of commission or member state funds; 1224 (3) Meet a deadline for the promulgation of an administrative rule 1225 that is established by federal law or rule; or 1226 (4) Protect public health and safety. 1227 (m) The commission or an authorized committee of the commission 1228 may direct revisions to a previously adopted rule or amendment for 1229 purposes of correcting typographical errors, errors in format, errors in 1230 consistency or grammatical errors. Public notice of any revisions shall 1231 be posted on the Internet web site of the commission. The revision shall 1232 be subject to challenge by any person for a period of thirty days after 1233 posting. The revision may be challenged only on grounds that the 1234 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 44 of 53 revision results in a material change to a rule. A challenge shall be made 1235 in writing and delivered to the chair of the commission prior to the end 1236 of the notice period. If no challenge is made, the revision shall take effect 1237 without further action. If the revision is challenged, the revision may not 1238 take effect without the approval of the commission. 1239 SECTION 10. OVERSIGHT, DISPUTE RESOLUTION AND 1240 ENFORCEMENT 1241 (a) Oversight 1242 (1) The executive, legislative and judicial branches of state 1243 government in each member state shall enforce the compact and take all 1244 actions necessary and appropriate to effectuate the compact's purposes 1245 and intent. The provisions of the compact and the rules promulgated 1246 under the compact shall have standing as statutory law. 1247 (2) All courts shall take judicial notice of the compact and the rules in 1248 any judicial or administrative proceeding in a member state pertaining 1249 to the subject matter of the compact which may affect the powers, 1250 responsibilities or actions of the commission. 1251 (3) The commission shall be entitled to receive service of process in 1252 any such proceeding and shall have standing to intervene in such a 1253 proceeding for all purposes. Failure to provide service of process to the 1254 commission shall render a judgment or order void as to the commission, 1255 the compact or promulgated rules. 1256 (b) Default, Technical Assistance and Termination 1257 (1) If the commission determines that a member state has defaulted 1258 in the performance of its obligations or responsibilities under the 1259 compact or the promulgated rules, the commission shall: 1260 (A) Provide written notice to the defaulting state and other member 1261 states of the nature of the default, the proposed means of curing the 1262 default, and or any other action to be taken by the commission; and 1263 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 45 of 53 (B) Provide remedial training and specific technical assistance 1264 regarding the default. 1265 (2) If a state in default fails to cure the default, the defaulting state 1266 may be terminated from the compact upon an affirmative vote of a 1267 majority of the member states, and all rights, privileges and benefits 1268 conferred by the compact may be terminated on the effective date of 1269 termination. A cure of the default shall not relieve the offending state of 1270 obligations or liabilities incurred during the period of default. 1271 (3) Termination of membership in the compact shall be imposed only 1272 after all other means of securing compliance have been exhausted. 1273 Notice of intent to suspend or terminate shall be given by the 1274 commission to the governor, the majority and minority leaders of the 1275 defaulting state's legislature and each of the member states. 1276 (4) A state that has been terminated is responsible for all assessments, 1277 obligations and liabilities incurred through the effective date of 1278 termination, including obligations that extend beyond the effective date 1279 of termination. 1280 (5) The commission shall not bear any costs related to a state that is 1281 found to be in default or that has been terminated from the compact, 1282 unless agreed upon in writing between the commission and the 1283 defaulting state. 1284 (6) The defaulting state may appeal the action of the commission by 1285 petitioning the United States District Court for the District of Columbia 1286 or the federal district where the commission has its principal offices. The 1287 prevailing member shall be awarded all costs of such litigation, 1288 including reasonable attorney's fees. 1289 (c) Dispute Resolution 1290 (1) Upon request by a member state, the commission shall attempt to 1291 resolve disputes related to the compact that arise among member states 1292 and between member and nonmember states. 1293 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 46 of 53 (2) The commission shall promulgate a rule providing for both 1294 mediation and binding dispute resolution for disputes as appropriate. 1295 (d) Enforcement 1296 (1) The commission, in the reasonable exercise of its discretion, shall 1297 enforce the provisions and rules of the compact. 1298 (2) By majority vote, the commission may initiate legal action in the 1299 United States District Court for the District of Columbia or the federal 1300 district where the commission has its principal offices against a member 1301 state in default to enforce compliance with the provisions of the compact 1302 and its promulgated rules and bylaws. The relief sought may include 1303 both injunctive relief and damages. In the event judicial enforcement is 1304 necessary, the prevailing member shall be awarded all costs of such 1305 litigation, including reasonable attorney's fees. 1306 (3) The remedies herein shall not be the exclusive remedies of the 1307 commission. The commission may pursue any other remedies available 1308 under federal or state law. 1309 SECTION 11. DATE OF IMPLEMENTATION OF T HE INTERSTATE 1310 COMMISSION FOR PHYSICAL THERAPY PRACTICE AND 1311 ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT 1312 (a) The compact shall come into effect on the date on which the 1313 compact statute is enacted into law in the tenth member state. The 1314 provisions, which become effective at such time, shall be limited to the 1315 powers granted to the commission relating to assembly and the 1316 promulgation of rules. Thereafter, the commission shall meet and 1317 exercise rulemaking powers necessary to the implementation and 1318 administration of the compact. 1319 (b) Any state that joins the compact subsequent to the commission's 1320 initial adoption of the rules shall be subject to the rules as they exist on 1321 the date on which the compact becomes law in such state. Any rule that 1322 has been previously adopted by the commission shall have the full force 1323 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 47 of 53 and effect of law on the day the compact becomes law in such state. 1324 (c) Any member state may withdraw from the compact by enacting a 1325 statute repealing the same. 1326 (1) A member state's withdrawal shall not take effect until six months 1327 after enactment of the repealing statute. 1328 (2) Withdrawal shall not affect the continuing requirement of the 1329 withdrawing state's physical therapy licensing board to comply with the 1330 investigative and adverse action reporting requirements of the compact 1331 prior to the effective date of withdrawal. 1332 (d) Nothing contained in the compact shall be construed to invalidate 1333 or prevent any physical therapy licensure agreement or other 1334 cooperative arrangement between a member state and a nonmember 1335 state that does not conflict with the provisions of the compact. 1336 (e) The compact may be amended by the member states. No 1337 amendment to the compact shall become effective and binding upon 1338 any member state until it is enacted into the laws of all member states. 1339 SECTION 12. CONSTRUCTION AND SEVERABILITY 1340 The compact shall be liberally construed so as to effectuate the 1341 purposes thereof. The provisions of the compact shall be severable, and 1342 if any phrase, clause, sentence or provision of the compact is declared to 1343 be contrary to the constitution of any party state or the Constitution of 1344 the United States, or the applicability thereof to any government, 1345 agency, person or circumstance is held invalid, the validity of the 1346 remainder of the compact and the applicability thereof to any 1347 government, agency, person or circumstance shall not be affected 1348 thereby. If the compact shall be held contrary to the constitution of any 1349 party state, the compact shall remain in full force and effect as to the 1350 remaining party states and in full force and effect as to the party state 1351 affected as to all severable matters." 1352 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 48 of 53 Sec. 20. (NEW) (Effective July 1, 2023) The Commissioner of Public 1353 Health shall require each person applying for licensure as a physical 1354 therapist to submit to a state and national fingerprint-based criminal 1355 history records check pursuant to section 29-17a of the general statutes. 1356 For the purposes of this section, "physical therapist" means an 1357 individual licensed for the independent practice of physical therapy, 1358 and "licensure" means authorization by a state physical therapy 1359 regulatory authority to engage in the independent practice of physical 1360 therapy, the practice of which would be unlawful without such 1361 authorization. 1362 Sec. 21. (Effective July 1, 2023) (a) The Commissioner of Public Health 1363 shall establish a podiatric scope of practice working group to advise the 1364 Department of Public Health and any relevant scope of practice review 1365 committee established pursuant to section 19a-16e of the general 1366 statutes regarding the scope of practice of podiatrists as it relates to 1367 surgical procedures. The working group shall consist of not less than 1368 three podiatrists licensed pursuant to chapter 375 of the general statutes 1369 and not less than three orthopedic surgeons licensed pursuant to 1370 chapter 370 of the general statutes appointed by the commissioner. Not 1371 later than January 1, 2024, the working group shall report to the 1372 commissioner and any such scope of practice review committee 1373 regarding its findings and recommendations. 1374 (b) Not later than February 1, 2024, the Commissioner of Public 1375 Health shall report, in accordance with the provisions of section 11-4a 1376 of the general statutes, to the joint standing committee of the General 1377 Assembly having cognizance of matters relating to public health on the 1378 findings and recommendations of the working group and whether the 1379 Department of Public Health and any relevant scope of practice review 1380 committee is in agreement with such findings and recommendations. 1381 Sec. 22. Section 20-94a of the general statutes is repealed and the 1382 following is substituted in lieu thereof (Effective October 1, 2023): 1383 (a) The Department of Public Health may issue an advanced practice 1384 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 49 of 53 registered nurse license to a person seeking to perform the activities 1385 described in subsection (b) of section 20-87a, upon receipt of a fee of two 1386 hundred dollars, to an applicant who: (1) Maintains a license as a 1387 registered nurse in this state, as provided by section 20-93 or 20-94; (2) 1388 holds and maintains current certification as a nurse practitioner, a 1389 clinical nurse specialist or a nurse anesthetist from one of the following 1390 national certifying bodies that certify nurses in advanced practice: The 1391 American Nurses' Association, the Nurses' Association of the American 1392 College of Obstetricians and Gynecologists Certification Corporation, 1393 the National Board of Pediatric Nurse Practitioners and Associates or 1394 the American Association of Nurse Anesthetists, their successors or 1395 other appropriate national certifying bodies approved by the Board of 1396 Examiners for Nursing; (3) has completed thirty hours of education in 1397 pharmacology for advanced nursing practice; and (4) (A) holds a 1398 graduate degree in nursing or in a related field recognized for 1399 certification as either a nurse practitioner, a clinical nurse specialist, or a 1400 nurse anesthetist by one of the foregoing certifying bodies, or (B) (i) on 1401 or before December 31, 2004, completed an advanced nurse practitioner 1402 program that a national certifying body identified in subdivision (2) of 1403 subsection (a) of this section recognized for certification of a nurse 1404 practitioner, clinical nurse specialist, or nurse anesthetist, and (ii) at the 1405 time of application, holds a current license as an advanced practice 1406 registered nurse in another state that requires a master's degree in 1407 nursing or a related field for such licensure. No license shall be issued 1408 under this section to any applicant against whom professional 1409 disciplinary action is pending or who is the subject of an unresolved 1410 complaint. 1411 (b) During the period commencing January 1, 1990, and ending 1412 January 1, 1992, the Department of Public Health may in its discretion 1413 allow a registered nurse, who has been practicing as an advanced 1414 practice registered nurse in a nurse practitioner role and who is unable 1415 to obtain certification as a nurse practitioner by one of the national 1416 certifying bodies specified in subsection (a) of this section, to be licensed 1417 as an advanced practice registered nurse provided the individual: 1418 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 50 of 53 (1) Holds a current Connecticut license as a registered nurse pursuant 1419 to this chapter; 1420 (2) Presents the department with documentation of the reasons one 1421 of such national certifying bodies will not certify him as a nurse 1422 practitioner; 1423 (3) Has been in active practice as a nurse practitioner for at least five 1424 years in a facility licensed pursuant to section 19a-491; 1425 (4) Provides the department with documentation of his preparation 1426 as a nurse practitioner; 1427 (5) Provides the department with evidence of at least seventy-five 1428 contact hours, or its equivalent, of continuing education related to his 1429 nurse practitioner specialty in the preceding five calendar years; 1430 (6) Has completed thirty hours of education in pharmacology for 1431 advanced nursing practice; 1432 (7) Has his employer provide the department with a description of 1433 his practice setting, job description, and a plan for supervision by a 1434 licensed physician; 1435 (8) Notifies the department of each change of employment to a new 1436 setting where he will function as an advanced practice registered nurse 1437 and will be exercising prescriptive and dispensing privileges. 1438 (c) Any person who obtains a license pursuant to subsection (b) of 1439 this section shall be eligible to renew such license annually provided he 1440 presents the department with evidence that he received at least fifteen 1441 contact hours, or its equivalent, eight hours of which shall be in 1442 pharmacology, of continuing education related to his nurse practitioner 1443 specialty in the preceding licensure year. If an individual licensed 1444 pursuant to subsection (b) of this subsection becomes eligible at any 1445 time for certification as a nurse practitioner by one of the national 1446 certifying bodies specified in subsection (a) of this section, the 1447 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 51 of 53 individual shall apply for certification, and upon certification so notify 1448 the department, and apply to be licensed as an advanced practice 1449 registered nurse in accordance with subsection (a) of this section. 1450 (d) On and after October 1, 2023, a person, who is not eligible for 1451 licensure under subsection (a) of this section, may apply for licensure by 1452 endorsement as an advanced practice registered nurse. Such applicant 1453 shall (1) present evidence satisfactory to the Commissioner of Public 1454 Health that the applicant has acquired three years of experience as an 1455 advanced practice registered nurse, or as a person entitled to perform 1456 similar services under a different designation, in another state or 1457 jurisdiction that has requirements for practicing in such capacity that are 1458 substantially similar to, or higher than, those of this state and that there 1459 are no disciplinary actions or unresolved complaints pending against 1460 such person, and (2) pay a fee of two hundred dollars to the 1461 commissioner. 1462 [(d)] (e) A person who has received a license pursuant to this section 1463 shall be known as an "Advanced Practice Registered Nurse" and no 1464 other person shall assume such title or use the letters or figures which 1465 indicate that the person using the same is a licensed advanced practice 1466 registered nurse. 1467 Sec. 23. Section 10a-19l of the general statutes is repealed and the 1468 following is substituted in lieu thereof (Effective July 1, 2023): 1469 (a) Not later than January 1, 2023, the Office of Higher Education shall 1470 establish a health care provider loan reimbursement program. The 1471 health care provider loan reimbursement program shall provide loan 1472 reimbursement grants to health care providers licensed by the 1473 Department of Public Health who are employed full-time as a health 1474 care provider in the state. 1475 (b) The executive director of the Office of Higher Education shall (1) 1476 develop, in consultation with the Department of Public Health, 1477 eligibility requirements for recipients of such loan reimbursement 1478 Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 52 of 53 grants, which requirements may include, but need not be limited to, 1479 income guidelines, [and] (2) award at least twenty per cent of such loan 1480 reimbursement grants to graduates of a regional community-technical 1481 college, and (3) award at least ten per cent of such loan reimbursement 1482 grants to persons employed full-time as health care providers in a rural 1483 community in the state. The executive director shall consider health care 1484 workforce shortage areas when developing such eligibility 1485 requirements. A person who qualifies for a loan reimbursement grant 1486 shall be reimbursed on an annual basis for qualifying student loan 1487 payments in amounts determined by the executive director. A health 1488 care provider shall only be reimbursed for loan payments made while 1489 such person is employed full-time in the state as a health care provider. 1490 Persons may apply for loan reimbursement grants to the Office of 1491 Higher Education at such time and in such manner as the executive 1492 director prescribes. 1493 (c) The Office of Higher Education may accept gifts, grants and 1494 donations, from any source, public or private, for the health care 1495 provider loan reimbursement program. 1496 Sec. 24. (NEW) (Effective July 1, 2023) Not later than January 1, 2024, 1497 the owner or operator of each splash pad and spray park where water 1498 is recirculated shall post a sign in a conspicuous location at or near the 1499 entryway to the splash pad or spray park stating that the water is 1500 recirculated and warning that there is a potential health risk to persons 1501 ingesting the water. 1502 This act shall take effect as follows and shall amend the following sections: Section 1 from passage New section Sec. 2 July 1, 2023 New section Sec. 3 from passage New section Sec. 4 from passage New section Sec. 5 October 1, 2023 New section Sec. 6 October 1, 2023 20-14o Sec. 7 July 1, 2023 New section Substitute Bill No. 9 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00009- R03-SB.docx } 53 of 53 Sec. 8 July 1, 2023 20-633d(a) Sec. 9 July 1, 2023 New section Sec. 10 from passage New section Sec. 11 July 1, 2023 New section Sec. 12 July 1, 2023 New section Sec. 13 July 1, 2023 New section Sec. 14 July 1, 2023 New section Sec. 15 October 1, 2023 New section Sec. 16 July 1, 2023 20-14p Sec. 17 July 1, 2023 New section Sec. 18 from passage New section Sec. 19 July 1, 2023 New section Sec. 20 July 1, 2023 New section Sec. 21 July 1, 2023 New section Sec. 22 October 1, 2023 20-94a Sec. 23 July 1, 2023 10a-19l Sec. 24 July 1, 2023 New section PH Joint Favorable Subst. APP Joint Favorable