Connecticut 2025 Regular Session

Connecticut House Bill HB07049 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 2
	3	+	LCO No. 5121 1 of 10
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 7049
	5	+	General Assembly Raised Bill No. 7049
6	6		January Session, 2025
	7	+	LCO No. 5121
7	8
	9	+
	10	+	Referred to Committee on PUBLIC HEALTH
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PH)
8	15
9	16
10	17
11	18
12	19		AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE
13		-	OF THE CHILD ADVOCATE REGARDING THE INFANT MORTALITY
14		-	REVIEW PROGRAM.
	20	+	OF THE CHILD ADVOCATE REGARDING OVERSIGHT OF
	21	+	CHILDREN'S AUTISM SPECTRUM DISORDER SERVICES AND THE
	22	+	INFANT MORTALITY REVIEW PROGRAM.
15	23		Be it enacted by the Senate and House of Representatives in General
16	24		Assembly convened:
17	25
18		-	Section 1. Subsection (f) of section ~~19a-59j~~ of the general statutes is 1
	26	+	Section 1. Subsection (a) of section 20-185k of the general statutes is 1
19	27		repealed and the following is substituted in lieu thereof (Effective October 2
20	28		1, 2025): 3
21		-	(f) All information obtained by the commissioner, or the 4
22		-	commissioner's designee, for the infant mortality review program shall 5
23		-	be confidential pursuant to section 19a-25, except the commissioner may 6
24		-	disclose any information or data obtained for the infant mortality review 7
25		-	program to the Child Advocate, if the commissioner deems such 8
26		-	disclosure necessary for the Child Advocate to perform the duties set 9
27		-	forth in section 46a-13l. Any information or data disclosed to the Child 10
28		-	Advocate shall be confidential in accordance with section 46a-13n, as 11
29		-	amended by this act. 12
30		-	Sec. 2. Subsection (a) of section 46a-13n of the general statutes is 13
31		-	repealed and the following is substituted in lieu thereof (Effective October 14
32		-	1, 2025): 15
33		-	(a) The name, address and other personally identifiable information 16 Substitute Bill No. 7049
	29	+	(a) The Commissioner of Public Health shall grant a license as a 4
	30	+	behavior analyst to any applicant who (1) furnishes evidence 5
	31	+	satisfactory to the commissioner that such applicant is certified as a 6
	32	+	behavior analyst by the Behavior Analyst Certification Board, and (2) on 7
	33	+	and after October 1, 2025, satisfies a comprehensive background check, 8
	34	+	which shall include, but need not be limited to, (A) a criminal history 9
	35	+	records check conducted in accordance with section 29-17a, and (B) a 10
	36	+	search of the (i) state child abuse or neglect registry established pursuant 11
	37	+	to section 17a-101k, (ii) registry established and maintained pursuant to 12
	38	+	section 54-257, and (iii) National Sex Offender Registry Public Website 13
	39	+	maintained by the United States Department of Justice . The 14
	40	+	Raised Bill No. 7049
34	41
35	42
36		-	LCO 2 of 2
37	43
38		-	of a person who makes a complaint to the Child Advocate as provided 17
39		-	in section 46a-13l, all information obtained or generated by the office in 18
40		-	the course of an investigation and all confidential records obtained by 19
41		-	the Child Advocate or a designee shall be confidential and shall not be 20
42		-	subject to disclosure under the Freedom of Information Act or 21
43		-	otherwise, except that such information and records, other than 22
44		-	confidential information concerning a pending law enforcement 23
45		-	investigation or a pending prosecution, may be disclosed if the Child 24
46		-	Advocate determines that disclosure is (1) in the general public interest 25
47		-	or (2) necessary to enable the Child Advocate to perform his 26
48		-	responsibilities under subsection (a) of section 46a-13l. If the Child 27
49		-	Advocate determines that disclosure of confidential information is not 28
50		-	in the public interest but is necessary to enable the Child Advocate to 29
51		-	perform responsibilities under subsection (a) of section 46a-13l, or to 30
52		-	identify, prevent or treat the abuse or neglect of a child, the Child 31
53		-	Advocate may disclose such information to the appropriate agency 32
54		-	responsible for the welfare of such child or the legal representative for 33
55		-	such child. The Child Advocate may disclose information or data 34
56		-	regarding fatalities of infants less than one year of age to the 35
57		-	Commissioner of Public Health if the Child Advocate determines such 36
58		-	disclosure is necessary for the purposes of the infant mortality review 37
59		-	program established pursuant to section 19a-59j, as amended by this act. 38
60		-	Any information or data disclosed to the Commissioner of Public Health 39
61		-	shall be confidential in accordance with the provisions of section 19a-25. 40
	44	+	LCO No. 5121 2 of 10
	45	+
	46	+	commissioner shall develop and provide application forms. The 15
	47	+	application fee shall be three hundred fifty dollars. 16
	48	+	Sec. 2. Subsection (b) of section 17a-101 of the general statutes is 17
	49	+	repealed and the following is substituted in lieu thereof (Effective October 18
	50	+	1, 2025): 19
	51	+	(b) The following persons shall be mandated reporters: (1) Any 20
	52	+	physician or surgeon licensed under the provisions of chapter 370, (2) 21
	53	+	any resident physician or intern in any hospital in this state, whether or 22
	54	+	not so licensed, (3) any registered nurse, (4) any licensed practical nurse, 23
	55	+	(5) any medical examiner, (6) any dentist, (7) any dental hygienist, (8) 24
	56	+	any psychologist, (9) any school employee, as defined in section 53a-65, 25
	57	+	(10) any social worker, (11) any person who holds or is issued a coaching 26
	58	+	permit by the State Board of Education, is a coach of intramural or 27
	59	+	interscholastic athletics and is eighteen years of age or older, (12) any 28
	60	+	individual who is employed as a coach or director of youth athletics and 29
	61	+	is eighteen years of age or older, (13) any individual who is employed 30
	62	+	as a coach or director of a private youth sports organization, league or 31
	63	+	team and is eighteen years of age or older, (14) any paid administrator, 32
	64	+	faculty, staff, athletic director, athletic coach or athletic trainer employed 33
	65	+	by a public or private institution of higher education who is eighteen 34
	66	+	years of age or older, excluding student employees, (15) any police 35
	67	+	officer, (16) any juvenile or adult probation officer, (17) any juvenile or 36
	68	+	adult parole officer, (18) any member of the clergy, (19) any pharmacist, 37
	69	+	(20) any physical therapist, (21) any optometrist, (22) any chiropractor, 38
	70	+	(23) any podiatrist, (24) any mental health professional, (25) any 39
	71	+	physician assistant, (26) any person who is a licensed or certified 40
	72	+	emergency medical services provider, (27) any person who is a licensed 41
	73	+	or certified alcohol and drug counselor, (28) any person who is a 42
	74	+	licensed marital and family therapist, (29) any person who is a sexual 43
	75	+	assault counselor or a domestic violence counselor, as defined in section 44
	76	+	52-146k, (30) any person who is a licensed professional counselor, (31) 45
	77	+	any person who is a licensed foster parent, (32) any person paid to care 46
	78	+	for a child in any public or private facility, child care center, group child 47
	79	+	Raised Bill No. 7049
	80	+
	81	+
	82	+
	83	+	LCO No. 5121 3 of 10
	84	+
	85	+	care home or family child care home licensed by the state, (33) any 48
	86	+	employee of the Department of Children and Families or any person 49
	87	+	who, in the performance of such person's duties, has regular contact 50
	88	+	with and provides services to or on behalf of children pursuant to a 51
	89	+	contract with or credential issued by the Department of Children and 52
	90	+	Families, (34) any employee of the Office of Early Childhood who is 53
	91	+	responsible for the licensing of child care centers, group child care 54
	92	+	homes, family child care homes or youth camps, (35) any paid youth 55
	93	+	camp director, assistant director and staff member who is twenty-one 56
	94	+	years of age or older, (36) the Child Advocate and any employee of the 57
	95	+	Office of the Child Advocate, (37) any person who is (A) a licensed 58
	96	+	behavior analyst, or (B) a person working under the clinical supervision 59
	97	+	of a licensed behavior analyst, (38) any family relations counselor, 60
	98	+	family relations counselor trainee or family services supervisor 61
	99	+	employed by the Judicial Department, (39) any victim services advocate 62
	100	+	employed by the Office of Victim Services within the Judicial 63
	101	+	Department, (40) any employee of a juvenile justice program operated 64
	102	+	by or pursuant to a contract with the Court Support Services Division of 65
	103	+	the Judicial Department, and (41) any person employed, including any 66
	104	+	person employed under contract and any independent ombudsperson, 67
	105	+	to work at a juvenile detention facility or any other facility where 68
	106	+	children under eighteen years of age are detained and who has direct 69
	107	+	contact with children as part of such employment. 70
	108	+	Sec. 3. (NEW) (Effective October 1, 2025) (a) Notwithstanding any 71
	109	+	provision of the general statutes, not later than five business days after 72
	110	+	the Commissioner of Children and Families concludes an investigation, 73
	111	+	conducted pursuant to section 17a-101g of the general statutes, of a 74
	112	+	report of child abuse and neglect in which (1) the alleged perpetrator of 75
	113	+	such abuse or neglect is a behavior analyst licensed pursuant to chapter 76
	114	+	382a of the general statutes, or (2) the child is an alleged victim of a crime 77
	115	+	described in section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a 78
	116	+	of the general statutes, and the alleged perpetrator of such crime is a 79
	117	+	behavior analyst licensed pursuant to chapter 382a of the general 80
	118	+	Raised Bill No. 7049
	119	+
	120	+
	121	+
	122	+	LCO No. 5121 4 of 10
	123	+
	124	+	statutes, the Commissioner of Children and Families shall notify the 81
	125	+	Department of Public Health of the results of such investigation and 82
	126	+	provide any records relating to such investigation to such department, 83
	127	+	regardless of whether such records were created by the Department of 84
	128	+	Children and Families. The Commissioner of Children and Families 85
	129	+	shall provide such notification and records regardless of whether the 86
	130	+	child was a patient of a behavior analyst. Upon receiving such 87
	131	+	notification and any such records, the Department of Public Health shall 88
	132	+	treat such notification as a complaint, conduct an investigation of the 89
	133	+	behavior analyst and take any disciplinary action, in accordance with 90
	134	+	sections 19a-17 and 20-185m of the general statutes, that the 91
	135	+	Commissioner of Public Health deems appropriate. If, after such 92
	136	+	investigation, the Commissioner of Public Health takes disciplinary 93
	137	+	action against the behavior analyst or, if the disciplinary action is 94
	138	+	resolved through voluntary surrender of a license or an agreement not 95
	139	+	to renew or reinstate a license, the Commissioner of Public Health shall 96
	140	+	notify the employer of the behavior analyst if such behavior analyst was 97
	141	+	employed as a behavior analyst at the time of the complaint. 98
	142	+	(b) If the Commissioner of Children and Families, based upon the 99
	143	+	results of an investigation described in subsection (a) of this section, has 100
	144	+	reasonable cause to believe that (1) (A) a child has been abused or 101
	145	+	neglected, as such terms are defined in section 46b-120 of the general 102
	146	+	statutes, by a behavior analyst, and (B) the Commissioner of Children 103
	147	+	and Families recommends that such behavior analyst be placed on the 104
	148	+	child abuse and neglect registry established pursuant to section 17a-105
	149	+	101k of the general statutes, or (2) the child is an alleged victim of a crime 106
	150	+	described in section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a 107
	151	+	of the general statutes, and the alleged perpetrator of such crime is a 108
	152	+	behavior analyst licensed pursuant to chapter 382a of the general 109
	153	+	statutes, the Commissioner of Children and Families shall notify the 110
	154	+	Commissioner of Public Health, who shall, not later than seventy-two 111
	155	+	hours after the receipt of such notification, suspend the behavior 112
	156	+	analyst's license pending completion of an investigation and, if such 113
	157	+	Raised Bill No. 7049
	158	+
	159	+
	160	+
	161	+	LCO No. 5121 5 of 10
	162	+
	163	+	behavior analyst is currently employed as a behavior analyst, notify the 114
	164	+	behavior analyst's employer of such suspension and investigation. 115
	165	+	Upon completion of such investigation, the Commissioner of Public 116
	166	+	Health shall notify the behavior analyst's employer, if such behavior 117
	167	+	analyst was employed as a behavior analyst at the time of the complaint, 118
	168	+	of the results of such investigation. 119
	169	+	(c) If a behavior analyst is convicted of (1) a crime involving an act of 120
	170	+	child abuse or neglect, as described in section 46-120, 53-21, 53a-71 or 121
	171	+	53a-73a of the general statutes against any person, or (2) a crime, as 122
	172	+	described in section 53a-70, 53a-70a, 53a-72a or 53a-72b of the general 123
	173	+	statutes, against a victim, as described in subdivision (2) of subsection 124
	174	+	(a) of section 17a-101a of the general statutes, the state's attorney of the 125
	175	+	judicial district where such conviction occurred shall notify the 126
	176	+	Commissioner of Public Health, in writing, of such conviction. Not later 127
	177	+	than seventy-two hours after the receipt of such notification, the 128
	178	+	Commissioner of Public Health shall suspend the behavior analyst's 129
	179	+	license pending completion of an investigation and, if such behavior 130
	180	+	analyst is currently employed as a behavior analyst at the time of the 131
	181	+	complaint, notify the behavior analyst's employer of such suspension 132
	182	+	and investigation. Upon completion of such investigation, the 133
	183	+	Commissioner of Public Health shall notify the behavior analyst's 134
	184	+	employer, if such behavior analyst was employed as a behavior analyst 135
	185	+	at the time of the complaint, of the results of such investigation. 136
	186	+	Sec. 4. (NEW) (Effective October 1, 2025) Each employer of a behavior 137
	187	+	analyst, licensed pursuant to chapter 382a of the general statutes, shall 138
	188	+	provide to each patient of a behavior analyst, or, if the patient is under 139
	189	+	eighteen years of age, such patient's parents or legal guardians, (1) the 140
	190	+	behavior analyst's license number, and (2) instructions regarding the 141
	191	+	manner in which to report complaints regarding the conduct of the 142
	192	+	behavior analyst to the Department of Public Health. 143
	193	+	Sec. 5. (Effective from passage) (a) There is established a task force to 144
	194	+	review the delivery of applied behavior analyses services to children 145
	195	+	Raised Bill No. 7049
	196	+
	197	+
	198	+
	199	+	LCO No. 5121 6 of 10
	200	+
	201	+	and make recommendations for a statutory and regulatory framework 146
	202	+	for the delivery of such services. Such review shall include, but need not 147
	203	+	be limited to, a review of (1) current legislative and regulatory oversight 148
	204	+	applicable to such services, (2) potential statutory and regulatory 149
	205	+	frameworks for oversight of such services, including the need for any 150
	206	+	oversight structure to include expertise in the provision of child care and 151
	207	+	applied behavioral analyses services to children with autism spectrum 152
	208	+	disorder, (3) whether employees of any entity delivering child care or 153
	209	+	applied behavioral analyses services to children should be mandated 154
	210	+	reporters, and (4) whether employees of applied behavioral analyses 155
	211	+	services providers should submit to comprehensive background checks. 156
	212	+	(b) The task force shall consist of the following members: 157
	213	+	(1) The chairpersons and ranking members of the joint standing 158
	214	+	committee of the General Assembly having cognizance of matters 159
	215	+	relating to public health; 160
	216	+	(2) The Commissioner of Early Childhood, or the commissioner's 161
	217	+	designee; 162
	218	+	(3) The Commissioner of Public Health, or the commissioner's 163
	219	+	designee; 164
	220	+	(4) The Commissioner of Social Services, or the commissioner's 165
	221	+	designee; 166
	222	+	(5) The Commissioner of Children and Families, or the 167
	223	+	commissioner's designee; 168
	224	+	(6) The Commissioner of Developmental Services, or the 169
	225	+	commissioner's designee; 170
	226	+	(7) The Commissioner of Education, or the commissioner's designee; 171
	227	+	(8) The Child Advocate, or the Child Advocate's designee; 172
	228	+	Raised Bill No. 7049
	229	+
	230	+
	231	+
	232	+	LCO No. 5121 7 of 10
	233	+
	234	+	(9) One appointed by the House chairperson of the joint standing 173
	235	+	committee of the General Assembly having cognizance of matters 174
	236	+	relating to public health, who shall be a parent of a child with autism 175
	237	+	spectrum disorder; 176
	238	+	(10) One appointed by the Senate chairperson of the joint standing 177
	239	+	committee of the General Assembly having cognizance of matters 178
	240	+	relating to public health, who shall be a representative of an 179
	241	+	organization dedicated to advocacy for children with autism spectrum 180
	242	+	disorder; 181
	243	+	(11) One appointed by the House ranking member of the joint 182
	244	+	standing committee of the General Assembly having cognizance of 183
	245	+	matters relating to public health, who shall be a board certified behavior 184
	246	+	analyst who provides services to children; and 185
	247	+	(12) One appointed by the Senate ranking member of the joint 186
	248	+	standing committee of the General Assembly having cognizance of 187
	249	+	matters relating to public health, who shall be a psychiatrist with 188
	250	+	expertise in the delivery of services to children with autism spectrum 189
	251	+	disorder. 190
	252	+	(c) Any member of the task force appointed under subdivision (9), 191
	253	+	(10), (11) or (12) of subsection (b) of this section may be a member of the 192
	254	+	General Assembly. 193
	255	+	(d) All initial appointments to the task force shall be made not later 194
	256	+	than thirty days after the effective date of this section. Any vacancy shall 195
	257	+	be filled by the appointing authority. 196
	258	+	(e) The chairpersons of the joint standing committee of the General 197
	259	+	Assembly having cognizance of matters relating to public health shall 198
	260	+	serve as the chairpersons of the task force, or may designate a member 199
	261	+	of the task force to serve as the chairperson. Such chairpersons shall 200
	262	+	schedule the first meeting of the task force, which shall be held not later 201
	263	+	than sixty days after the effective date of this section. 202
	264	+	Raised Bill No. 7049
	265	+
	266	+
	267	+
	268	+	LCO No. 5121 8 of 10
	269	+
	270	+	(f) The administrative staff of the joint standing committee of the 203
	271	+	General Assembly having cognizance of matters relating to public 204
	272	+	health shall serve as administrative staff of the task force. 205
	273	+	(g) Not later than November 1, 2025, the task force shall submit a 206
	274	+	report on its findings and recommendations to the joint standing 207
	275	+	committee of the General Assembly having cognizance of matters 208
	276	+	relating to public health, in accordance with the provisions of section 11-209
	277	+	4a of the general statutes. The task force shall terminate on the date that 210
	278	+	it submits such report or November 1, 2025, whichever is later. 211
	279	+	Sec. 6. Subsection (f) of section 19a-59j of the general statutes is 212
	280	+	repealed and the following is substituted in lieu thereof (Effective October 213
	281	+	1, 2025): 214
	282	+	(f) All information obtained by the commissioner, or the 215
	283	+	commissioner's designee, for the infant mortality review program shall 216
	284	+	be confidential pursuant to section 19a-25, except the commissioner may 217
	285	+	disclose any information or data obtained for the infant mortality review 218
	286	+	program to the Child Advocate, if the commissioner deems such 219
	287	+	disclosure necessary for the Child Advocate to perform the duties set 220
	288	+	forth in section 46a-13l. Any information or data disclosed to the Child 221
	289	+	Advocate shall be confidential in accordance with section 46a-13n, as 222
	290	+	amended by this act. 223
	291	+	Sec. 7. Subsection (a) of section 46a-13n of the general statutes is 224
	292	+	repealed and the following is substituted in lieu thereof (Effective October 225
	293	+	1, 2025): 226
	294	+	(a) The name, address and other personally identifiable information 227
	295	+	of a person who makes a complaint to the Child Advocate as provided 228
	296	+	in section 46a-13l, all information obtained or generated by the office in 229
	297	+	the course of an investigation and all confidential records obtained by 230
	298	+	the Child Advocate or a designee shall be confidential and shall not be 231
	299	+	subject to disclosure under the Freedom of Information Act or 232
	300	+	otherwise, except that such information and records, other than 233
	301	+	Raised Bill No. 7049
	302	+
	303	+
	304	+
	305	+	LCO No. 5121 9 of 10
	306	+
	307	+	confidential information concerning a pending law enforcement 234
	308	+	investigation or a pending prosecution, may be disclosed if the Child 235
	309	+	Advocate determines that disclosure is (1) in the general public interest 236
	310	+	or (2) necessary to enable the Child Advocate to perform his 237
	311	+	responsibilities under subsection (a) of section 46a-13l. If the Child 238
	312	+	Advocate determines that disclosure of confidential information is not 239
	313	+	in the public interest but is necessary to enable the Child Advocate to 240
	314	+	perform responsibilities under subsection (a) of section 46a-13l, or to 241
	315	+	identify, prevent or treat the abuse or neglect of a child, the Child 242
	316	+	Advocate may disclose such information to the appropriate agency 243
	317	+	responsible for the welfare of such child or the legal representative for 244
	318	+	such child. The Child Advocate may disclose information or data 245
	319	+	regarding fatalities of infants less than one year of age to the 246
	320	+	Commissioner of Public Health if the Child Advocate determines such 247
	321	+	disclosure is necessary for the purposes of the infant mortality review 248
	322	+	program established pursuant to section 19a-59j, as amended by this act. 249
	323	+	Any information or data disclosed to the Commissioner of Public Health 250
	324	+	shall be confidential in accordance with the provisions of section 19a-25. 251
62	325		This act shall take effect as follows and shall amend the following
63	326		sections:
64	327
65		-	Section 1 October 1, 2025 19a-59j(f)
66		-	Sec. 2 October 1, 2025 46a-13n(a)
	328	+	Section 1 October 1, 2025 20-185k(a)
	329	+	Sec. 2 October 1, 2025 17a-101(b)
	330	+	Sec. 3 October 1, 2025 New section
	331	+	Sec. 4 October 1, 2025 New section
	332	+	Sec. 5 from passage New section
	333	+	Sec. 6 October 1, 2025 19a-59j(f)
	334	+	Sec. 7 October 1, 2025 46a-13n(a)
67	335
68		-	PH Joint Favorable Subst.
	336	+	Statement of Purpose:
	337	+	To make various revisions concerning the practice of behavior analysts,
	338	+	including (1) requiring behavior analysts to submit to a comprehensive
	339	+	background check when applying for licensure, (2) designating persons
	340	+	working under the supervision of behavior analysts as mandated
	341	+	reporters, (3) establishing certain notification and disciplinary
	342	+	requirements relating to behavior analysts who abuse or neglect
	343	+	Raised Bill No. 7049
	344	+
	345	+
	346	+
	347	+	LCO No. 5121 10 of 10
	348	+
	349	+	children, (4) requiring employers of behavior analysts to notify patients
	350	+	regarding complaint procedures, (5) establishing a task force to study
	351	+	issues relating to behavior analysts, and (6) allowing the Commissioner
	352	+	of Public Health and Child Advocate to share information and data for
	353	+	the purposes of the infant mortality review program.
	354	+
	355	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	356	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	357	+	underlined.]
69	358