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General Assembly Raised Bill No. 7135
January Session, 2025
LCO No. 5636
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE PROVISION OF REPRODUCTIVE AND
GENDER-AFFIRMING HEALTH CARE SERVICES TO PATIENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 52-571m of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2025): 2
(a) As used in this section: 3
(1) "Reproductive health care services" includes all medical, surgical, 4
counseling or referral services relating to the human reproductive 5
system, including, but not limited to, services relating to pregnancy, 6
assisted reproduction, contraception or the termination of a pregnancy; 7
[and all medical care relating to treatment of gender dysphoria as set 8
forth in the most recent edition of the American Psychiatric 9
Association's "Diagnostic and Statistical Manual of Mental Disorders" 10
and gender incongruence, as defined in the most recent revision of the 11
"International Statistical Classification of Diseases and Related Health 12
Problems"; and] 13
(2) "Gender-affirming health care services" means all medical care 14
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related to the treatment of gender dysphoria as set forth in the most 15
recent edition of the American Psychiatric Association's "Diagnostic and 16
Statistical Manual of Mental Disorders" and gender incongruence, as 17
defined in the most recent revision of the "International Statistical 18
Classification of Diseases and Related Health Problems". "Gender-19
affirming health care services" does not include "conversion therapy" as 20
defined in section 19a-907; and 21
[(2)] (3) "Person" includes an individual, a partnership, an association, 22
a limited liability company or a corporation. 23
(b) When any person has had a judgment entered against such 24
person, in any state, where liability, in whole or in part, is based on the 25
alleged provision, receipt, assistance in receipt or provision, material 26
support for, or any theory of vicarious, joint, several or conspiracy 27
liability derived therefrom, for reproductive health care services or 28
gender-affirming health care services that are permitted under the laws 29
of this state, regardless of whether the patient was physically located in 30
this state at the time the services were provided, such person may 31
recover damages from any party that brought the action leading to that 32
judgment or has sought to enforce that judgment. Recoverable damages 33
shall include: (1) Just damages created by the action that led to that 34
judgment, including, but not limited to, money damages in the amount 35
of the judgment in that other state and costs, expenses and reasonable 36
attorney's fees spent in defending the action that resulted in the entry of 37
a judgment in another state; and (2) costs, expenses and reasonable 38
attorney's fees incurred in bringing an action under this section as may 39
be allowed by the court. 40
(c) The provisions of this section shall not apply to a judgment 41
entered in another state that is based on: (1) An action founded in tort, 42
contract or statute, and for which a similar claim would exist under the 43
laws of this state, brought by the patient who received the reproductive 44
health care services or gender-affirming health care services upon which 45
the original lawsuit was based or the patient's authorized legal 46
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representative, for damages suffered by the patient or damages derived 47
from an individual's loss of consortium of the patient; (2) an action 48
founded in contract, and for which a similar claim would exist under 49
the laws of this state, brought or sought to be enforced by a party with 50
a contractual relationship with the person that is the subject of the 51
judgment entered in another state; or (3) an action where no part of the 52
acts that formed the basis for liability occurred in this state. 53
Sec. 2. Section 52-146w of the general statutes is repealed and the 54
following is substituted in lieu thereof (Effective July 1, 2025): 55
(a) Except as provided in sections 52-146c to 52-146k, inclusive, 56
sections 52-146o, 52-146p, 52-146q and 52-146s and subsection (b) of this 57
section, in any civil action or any proceeding preliminary thereto or in 58
any probate, legislative or administrative proceeding, no covered entity 59
or business associate, as defined in 45 CFR 160.103, shall disclose (1) any 60
communication made to such covered entity or business associate, or 61
any information obtained by such covered entity or business associate 62
from, a patient or the conservator, guardian or other authorized legal 63
representative of a patient relating to reproductive health care services 64
or gender-affirming health care services, as defined in section 52-571m, 65
as amended by this act, that are permitted under the laws of this state, 66
or (2) any information obtained by personal examination of a patient 67
relating to [reproductive health care services, as defined in section 52-68
571m] such services, that are permitted under the laws of this state, 69
unless the patient or that patient's conservator, guardian or other 70
authorized legal representative explicitly consents in writing to such 71
disclosure. A covered entity shall inform the patient or the patient's 72
conservator, guardian or other authorized legal representative of the 73
patient's right to withhold such written consent. A covered entity or 74
business associate that receives a request for patient information related 75
to reproductive health care services or gender-affirming health care 76
services subject to the provisions of this section that does not fall under 77
any exemption in subsection (b) of this section and is not accompanied 78
by the written consent of the patient or the conservator, guardian or 79
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other authorized legal representative of the patient shall provide notice 80
of the request to the office of the Attorney General within seven days of 81
receipt of the request. The notice shall not contain any information that 82
identifies the patient or the conservator, guardian or other authorized 83
legal representative of the patient. 84
(b) Written consent of the patient or the patient's conservator, 85
guardian or other authorized legal representative shall not be required 86
for the disclosure of such communication or information (1) pursuant to 87
the laws of this state or the rules of court prescribed by the Judicial 88
Branch, (2) by a covered entity or business associate against whom a 89
claim has been made, or there is a reasonable belief will be made, in such 90
action or proceeding, to the covered entity's or business associate's 91
attorney or professional liability insurer or such insurer's agent for use 92
in the defense of such action or proceeding, (3) to the Commissioner of 93
Public Health for records of a patient of a covered entity in connection 94
with an investigation of a complaint, if such records are related to the 95
complaint, or (4) if child abuse, abuse of an elderly individual, abuse of 96
an individual who is physically disabled or incompetent or abuse of an 97
individual with intellectual disability is known or in good faith 98
suspected. 99
(c) Nothing in this section shall be construed to impede the lawful 100
sharing of medical records as permitted by state or federal law or the 101
rules of the court prescribed by the Judicial Branch, except in the case of 102
a subpoena commanding the production, copying or inspection of 103
medical records relating to reproductive health care services or gender-104
affirming health care services, as defined in section 52-571m, as 105
amended by this act. 106
Sec. 3. Section 19a-17e of the general statutes is repealed and the 107
following is substituted in lieu thereof (Effective July 1, 2025): 108
(a) As used in this section, "reproductive health care services" [has] 109
and "gender-affirming health care services" have the same [meaning] 110
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meanings as provided in section 52-571m, as amended by this act. 111
(b) Notwithstanding the provisions of subsection (a) of section 19a-112
14, the Department of Public Health shall not deny the eligibility of an 113
applicant for a (1) permit, (2) license by examination, endorsement or 114
reciprocity, or (3) reinstatement of a license (A) voided pursuant to the 115
provisions of subsection (f) of section 19a-88, (B) voluntarily 116
surrendered, or (C) by agreement, not renewed or reinstated pursuant 117
to the provisions of subsection (d) of section 19a-17 based on pending 118
disciplinary action, an unresolved complaint or the imposition of 119
disciplinary action against the applicant by a duly authorized 120
professional disciplinary agency of another state, the District of 121
Columbia or a commonwealth, territory or possession of the United 122
States that is based solely on the alleged provision of, receipt of, 123
assistance in provision or receipt of, material support for, or any theory 124
of vicarious, joint, several or conspiracy liability derived therefrom, 125
reproductive health care services or gender-affirming health care 126
services that are permitted under the laws of this state and were 127
provided in accordance with the standard of care applicable to such 128
services, regardless of whether the patient receiving such services was a 129
resident of this state. The provisions of this subsection shall not apply 130
where the underlying conduct of the applicant would constitute the 131
basis of disciplinary action against the applicant under the laws of this 132
state if the applicant had been licensed or permitted in this state and the 133
conduct had occurred in this state. 134
(c) Notwithstanding the provisions of section 19a-17, a board or 135
commission established under title 20 that has jurisdiction over persons 136
licensed, certified or registered under said title who provide 137
reproductive health care services or gender-affirming health care 138
services, and the Department of Public Health, with respect to 139
professions under the department's jurisdiction that are not subject to 140
discipline by such a board or commission, shall not impose disciplinary 141
action against a licensed, certified or registered person based on 142
pending disciplinary action, an unresolved complaint or the imposition 143
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of disciplinary action against such persons before or by a duly 144
authorized professional disciplinary agency of another state, the District 145
of Columbia, or a commonwealth, territory or possession of the United 146
States that is based solely on the alleged provision of, receipt of, 147
assistance in provision or receipt of, material support for, or any theory 148
of vicarious, joint, several or conspiracy liability derived therefrom, 149
reproductive health care services or gender-affirming health care 150
services that are permitted under the laws of this state and were 151
provided in accordance with the standard of care applicable to such 152
services, regardless of whether the patient receiving such services was a 153
resident of this state. The provisions of this subsection shall not apply 154
where the underlying conduct of the licensed, certified or registered 155
person would constitute the basis of disciplinary action against such 156
person under the laws of this state if the conduct had occurred in this 157
state. 158
Sec. 4. Section 19a-567 of the general statutes is repealed and the 159
following is substituted in lieu thereof (Effective July 1, 2025): 160
(a) As used in this section, (1) "credentialing" means the process of 161
assessing and validating the qualifications of a health care provider 162
applying to be approved to provide treatment, care or services in or for 163
an institution, (2) "health care provider" means a person licensed 164
pursuant to title 20 who provides reproductive health care services, (3) 165
"institution" has the same meaning as provided in section 19a-490, (4) 166
"privileging" means the process of authorizing a health care provider to 167
provide specific treatment, care or services at an institution, and (5) 168
"reproductive health care services" [has] and "gender-affirming health 169
care services" have the same [meaning] meanings as provided in section 170
52-571m, as amended by this act. 171
(b) An institution shall not revoke, suspend, reprimand, penalize, 172
refuse to issue or renew credentials or privileges or take any other 173
adverse action against a health care provider with respect to 174
credentialing or privileging based solely on the alleged provision of, 175
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receipt of, assistance in provision or receipt of, material support for, or 176
any theory of vicarious, joint, several or conspiracy liability derived 177
therefrom, reproductive health care services or gender-affirming health 178
care services that (1) are permitted under the laws of this state, (2) were 179
provided in accordance with the standard of care applicable to such 180
services, and (3) were provided by the health care provider (A) before 181
the date on which the health care provider entered an employment 182
relationship with the institution, or (B) outside the scope of the health 183
care provider's employment with the institution, regardless of whether 184
the patient receiving such services was a resident of this state. 185
(c) An institution shall not revoke, suspend, reprimand, penalize, 186
refuse to issue or renew credentials or privileges or take any other 187
adverse action against a health care provider based on pending 188
disciplinary action, an unresolved complaint or the imposition of 189
disciplinary action against the applicant by a duly authorized 190
professional disciplinary agency of another state, the District of 191
Columbia, or a commonwealth, territory or possession of the United 192
States that is based solely on the alleged provision of, receipt of, 193
assistance in provision or receipt of, material support for, or any theory 194
of vicarious, joint, several or conspiracy liability derived therefrom, 195
reproductive health care services or gender-affirming health care 196
services that (1) are permitted under the laws of this state, (2) were 197
provided in accordance with the standard of care applicable to such 198
services, and (3) were provided by the health care provider (A) before 199
the date on which the health care provider entered an employment 200
relationship with the institution, or (B) outside the scope of the health 201
care provider's employment with the institution, regardless of whether 202
the patient receiving such services was a resident of this state. 203
(d) The provisions of this section shall not be construed to prevent an 204
institution from taking any of the actions described in subsections (b) 205
and (c) of this section against a health care provider for conduct that (1) 206
does not conform to the standards of care for the provider's profession, 207
(2) is illegal under the laws of this state, or (3) violates policies or rules 208
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of the institution that define the scope of services provided by the 209
institution if (A) such conduct occurs within the scope of the health care 210
provider's employment with, or delivery of care at, the institution, and 211
(B) the institution's enforcement of such policies or rules is not otherwise 212
prohibited by law or regulation. 213
Sec. 5. Section 20-579a of the general statutes is repealed and the 214
following is substituted in lieu thereof (Effective July 1, 2025): 215
(a) As used in this section, "reproductive health care services" [has] 216
and "gender-affirming health care services" have the same [meaning] 217
meanings as provided in section 52-571m, as amended by this act. 218
(b) Notwithstanding any provision of this chapter, the Commissioner 219
of Consumer Protection and the Commission of Pharmacy shall not 220
deny the eligibility of an applicant for a license, permit or registration 221
under this chapter based on pending disciplinary action, an unresolved 222
complaint or the imposition of disciplinary action against the applicant 223
by a duly authorized professional disciplinary agency of another state, 224
the District of Columbia or a commonwealth, territory or possession of 225
the United States that is based solely on the alleged provision of, receipt 226
of, assistance in provision or receipt of, material support for, or any 227
theory of vicarious, joint, several or conspiracy liability derived 228
therefrom, reproductive health care services or gender-affirming health 229
care services that are permitted under the laws of this state and were 230
provided in accordance with the standard of care applicable to such 231
services, regardless of whether the patient receiving such services was a 232
resident of this state. The provisions of this subsection shall not apply 233
where the underlying conduct of the applicant would constitute the 234
basis of disciplinary action against the applicant under the laws of this 235
state if the applicant had been licensed, permitted or registered in this 236
state and the conduct had occurred in this state. 237
(c) Notwithstanding any provision of this chapter, the Commissioner 238
of Consumer Protection and the Commission of Pharmacy shall not 239
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impose disciplinary action against any person licensed, permitted or 240
registered pursuant to the provisions of this chapter based on pending 241
disciplinary action, an unresolved complaint or the imposition of 242
disciplinary action against the applicant by a duly authorized 243
professional disciplinary agency of another state, the District of 244
Columbia, or a commonwealth, territory or possession of the United 245
States that is based solely on the alleged provision of, receipt of, 246
assistance in provision or receipt of, material support for, or any theory 247
of vicarious, joint, several or conspiracy liability derived therefrom, 248
reproductive health care services or gender-affirming health care 249
services that are permitted under the laws of this state and were 250
provided in accordance with the standard of care applicable to such 251
services, regardless of whether the patient receiving such services was a 252
resident of this state. The provisions of this subsection shall not apply 253
where the underlying conduct of the person licensed, permitted or 254
registered would constitute the basis of disciplinary action against such 255
person under the laws of this state if such person had been licensed, 256
permitted or registered in this state and the conduct had occurred in this 257
state. 258
Sec. 6. Section 38a-835 of the general statutes is repealed and the 259
following is substituted in lieu thereof (Effective July 1, 2025): 260
(a) As used in this section, (1) "health care provider" means a person 261
licensed pursuant to title 20 who provides reproductive health care 262
services, (2) "insurer" means an insurer that insures a health care 263
provider against professional liability, and (3) "reproductive health care 264
services" [has] and gender-affirming health care services have the same 265
[meaning] meanings as provided in section 52-571m, as amended by this 266
act. 267
(b) An insurer shall not take any adverse action, including, but not 268
limited to, denial or revocation of coverage, sanctions, fines, penalties or 269
rate increases against a health care provider, if such action is based 270
solely on: 271
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(1) Such health care provider's alleged provision of, receipt of, 272
assistance in provision or receipt of, material support for, or any theory 273
of vicarious, joint, several or conspiracy liability derived therefrom, 274
reproductive health care services or gender-affirming health care 275
services that are permitted under the laws of this state and were 276
provided in accordance with the standard of care applicable to such 277
services, regardless of whether the patient receiving such services was a 278
resident of this state; or 279
(2) Pending disciplinary action, an unresolved complaint or the 280
imposition of disciplinary action against such health care provider by a 281
duly authorized professional disciplinary agency of another state, the 282
District of Columbia, or a commonwealth, territory or possession of the 283
United States that is based solely on the alleged provision of, receipt of, 284
assistance in provision or receipt of, material support for, or any theory 285
of vicarious, joint, several or conspiracy liability derived therefrom, 286
reproductive health care services or gender-affirming health care 287
services that are permitted under the laws of this state and were 288
provided in accordance with the standard of care applicable to such 289
services, regardless of whether the patient receiving such services was a 290
resident of this state. 291
Sec. 7. Section 52-155a of the general statutes is repealed and the 292
following is substituted in lieu thereof (Effective July 1, 2025): 293
Notwithstanding the provisions of sections 52-155 and 52-657, a 294
judge, justice of the peace, notary public or commissioner of the 295
Superior Court shall not issue a subpoena requested by a commissioner, 296
appointed according to the laws or usages of any other state or 297
government, or by any court of the United States or of any other state or 298
government, when such subpoena relates to reproductive health care 299
services or gender-affirming health care services, as defined in section 300
52-571m, as amended by this act, that are permitted under the laws of 301
this state, unless the subpoena relates to: (1) An out-of-state action 302
founded in tort, contract or statute, for which a similar claim would exist 303
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under the laws of this state, brought by a patient or the patient's 304
authorized legal representative, for damages suffered by the patient or 305
damages derived from an individual's loss of consortium of the patient; 306
or (2) an out-of-state action founded in contract, and for which a similar 307
claim would exist under the laws of this state, brought or sought to be 308
enforced by a party with a contractual relationship with the person that 309
is the subject of the subpoena requested by a commissioner appointed 310
according to the laws or usages of another state. 311
Sec. 8. Subsection (b) of section 54-82i of the general statutes is 312
repealed and the following is substituted in lieu thereof (Effective July 1, 313
2025): 314
(b) If a judge of a court of record in any state which by its laws has 315
made provision for commanding persons within that state to attend and 316
testify in this state certifies, under the seal of such court, that there is a 317
criminal prosecution pending in such court, or that a grand jury 318
investigation has commenced or is about to commence, that a person 319
being within this state is a material witness in such prosecution or grand 320
jury investigation and that the presence of such witness will be required 321
for a specified number of days, upon presentation of such certificate to 322
any judge of a court of record in the judicial district in which such 323
person is, such judge shall fix a time and place for a hearing and shall 324
make an order directing the witness to appear at such time and place for 325
such hearing. If, at such hearing, the judge determines that the witness 326
is material and necessary, that it will not cause undue hardship to the 327
witness to be compelled to attend and testify in the prosecution or a 328
grand jury investigation in the other state and that the laws of such other 329
state and the laws of any other state through which the witness may be 330
required to pass by ordinary course of travel will give to such witness 331
protection from arrest and from the service of civil or criminal process, 332
the judge shall issue a summons, with a copy of the certificate attached, 333
directing the witness to attend and testify in the court where the 334
prosecution is pending, or where a grand jury investigation has 335
commenced or is about to commence at a time and place specified in the 336
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summons, except that no judge shall issue a summons in a case where 337
prosecution is pending, or where a grand jury investigation has 338
commenced or is about to commence for a criminal violation of a law of 339
such other state involving the provision or receipt of or assistance with 340
reproductive health care services or gender-affirming health care 341
services, as defined in section [52-571n] 52-571m, as amended by this 342
act, that are legal in this state, unless the acts forming the basis of the 343
prosecution or investigation would also constitute an offense in this 344
state. At any such hearing, the certificate shall be prima facie evidence 345
of all the facts stated therein. If such certificate recommends that the 346
witness be taken into immediate custody and delivered to an officer of 347
the requesting state to assure the attendance of the witness in such state, 348
such judge may, in lieu of notification of the hearing, direct that such 349
witness be forthwith brought before such judge for such hearing, and, 350
being satisfied, at such hearing, of the desirability of such custody and 351
delivery, of which desirability such certificate shall be prima facie proof, 352
may, in lieu of issuing a subpoena or summons, order that such witness 353
be forthwith taken into custody and delivered to an officer of the 354
requesting state. If such witness, after being paid or tendered by an 355
authorized person the same amount per mile as provided for state 356
employees pursuant to section 5-141c for each mile by the ordinary 357
traveled route to and from the court where the prosecution is pending 358
and five dollars each day that such witness is required to travel and 359
attend as a witness, fails, without good cause, to attend and testify as 360
directed in the summons, the witness shall be punished in the manner 361
provided for the punishment of any witness who disobeys a summons 362
issued from a court of record in this state. 363
Sec. 9. Section 54-155a of the general statutes is repealed and the 364
following is substituted in lieu thereof (Effective July 1, 2025): 365
No public agency, as defined in section 1-200, or employee, 366
appointee, officer or official or any other person acting on behalf of a 367
public agency may provide any information or expend or use time, 368
money, facilities, property, equipment, personnel or other resources in 369
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furtherance of any interstate investigation or proceeding seeking to 370
impose civil or criminal liability upon a person or entity for (1) the 371
provision, seeking or receipt of or inquiring about reproductive health 372
care services or gender-affirming health care services, as defined in 373
section 52-571m, as amended by this act, that are legal in this state, or 374
(2) assisting any person or entity providing, seeking, receiving or 375
responding to an inquiry about reproductive health care services or 376
gender-affirming health care services, as defined in section 52-571m, as 377
amended by this act, that are legal in this state. This section shall not 378
apply to any investigation or proceeding where the conduct subject to 379
potential liability under the investigation or proceeding would be 380
subject to liability under the laws of this state if committed in this state. 381
382
Sec. 10. Subdivision (17) of section 42-515 of the general statutes is 383
repealed and the following is substituted in lieu thereof (Effective July 1, 384
2025): 385
(17) "Gender-affirming health care services" has the same meaning as 386
provided in section [52-571n] 52-571m, as amended by this act. 387
Sec. 11. Sections 52-146x, 52-155b, 52-571n and 54-155b of the general 388
statutes are repealed. (Effective July 1, 2025) 389
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2025 52-571m
Sec. 2 July 1, 2025 52-146w
Sec. 3 July 1, 2025 19a-17e
Sec. 4 July 1, 2025 19a-567
Sec. 5 July 1, 2025 20-579a
Sec. 6 July 1, 2025 38a-835
Sec. 7 July 1, 2025 52-155a
Sec. 8 July 1, 2025 54-82i(b)
Sec. 9 July 1, 2025 54-155a
Sec. 10 July 1, 2025 42-515(17)
Sec. 11 July 1, 2025 Repealer section
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Statement of Purpose:
To provide protections to health care providers who provide
reproductive and gender-affirming health care services to patients.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]