8 | 15 | | |
---|
9 | 16 | | |
---|
10 | 17 | | |
---|
11 | 18 | | |
---|
12 | 19 | | AN ACT CONCERNING VARIOUS REVISIONS TO THE PUBLIC |
---|
13 | 20 | | HEALTH STATUTES. |
---|
14 | 21 | | Be it enacted by the Senate and House of Representatives in General |
---|
15 | 22 | | Assembly convened: |
---|
16 | 23 | | |
---|
17 | 24 | | Section 1. Subsection (b) of section 19a-411 of the general statutes is 1 |
---|
18 | 25 | | repealed and the following is substituted in lieu thereof (Effective July 1, 2 |
---|
19 | 26 | | 2025): 3 |
---|
20 | 27 | | (b) The report of examinations conducted by the Chief Medical 4 |
---|
21 | 28 | | Examiner, Deputy Chief Medical Examiner, an associate medical 5 |
---|
22 | 29 | | examiner or an authorized assistant medical examiner, and of the 6 |
---|
23 | 30 | | autopsy and other scientific findings may be made available to the 7 |
---|
24 | 31 | | public only through the Office of the Chief Medical Examiner and in 8 |
---|
25 | 32 | | accordance with this section, section 1-210 and the regulations of the 9 |
---|
26 | 33 | | [commission] Commission on Medicolegal Investigations. Any person 10 |
---|
27 | 34 | | may obtain copies of such records upon such conditions and payment 11 |
---|
28 | 35 | | of such fees as may be prescribed by the commission, except that (1) no 12 |
---|
29 | 36 | | person with a legitimate interest in the records shall be denied access to 13 |
---|
30 | 37 | | such records, [and] (2) no person may be denied access to records 14 |
---|
31 | 38 | | concerning a person in the custody of the state at the time of death, and 15 |
---|
40 | 49 | | Correction for confinement in a correctional institution or facility or a 20 |
---|
41 | 50 | | community residence, [(2)] (B) the Commissioner of Children and 21 |
---|
42 | 51 | | Families, or [(3)] (C) the Commissioner of Developmental Services. 22 |
---|
43 | 52 | | Sec. 2. Section 19a-197a of the general statutes is repealed and the 23 |
---|
44 | 53 | | following is substituted in lieu thereof (Effective July 1, 2025): 24 |
---|
45 | 54 | | (a) As used in this section, "emergency medical services personnel" 25 |
---|
46 | 55 | | means (1) any emergency medical responder certified pursuant to 26 |
---|
47 | 56 | | sections 20-206ll and 20-206mm, (2) any class of emergency medical 27 |
---|
48 | 57 | | technician certified pursuant to sections 20-206ll and 20-206mm, 28 |
---|
49 | 58 | | including, but not limited to, any advanced emergency medical 29 |
---|
50 | 59 | | technician, [(2)] and (3) any paramedic licensed pursuant to sections 20-30 |
---|
51 | 60 | | 206ll and 20-206mm. [, and (3) any emergency medical responder 31 |
---|
52 | 61 | | certified pursuant to sections 20-206ll and 20-206mm.] 32 |
---|
53 | 62 | | (b) Any emergency medical services personnel who has been trained, 33 |
---|
54 | 63 | | in accordance with national standards recognized by the Commissioner 34 |
---|
55 | 64 | | of Public Health, in the administration of epinephrine using (1) an 35 |
---|
56 | 65 | | automatic prefilled cartridge [injectors] injector, similar automatic 36 |
---|
57 | 66 | | injectable equipment, or a prefilled vial and syringe, or (2) any other 37 |
---|
58 | 67 | | method of administration approved by the United States Food and Drug 38 |
---|
59 | 68 | | Administration, including, but not limited to, a nasal spray, and who 39 |
---|
60 | 69 | | functions in accordance with written protocols and the standing orders 40 |
---|
61 | 70 | | of a licensed physician serving as an emergency medical services 41 |
---|
62 | 71 | | medical director shall administer epinephrine, if available, using such 42 |
---|
63 | 72 | | [injectors] injector, equipment, [or] prefilled vial and syringe, nasal 43 |
---|
64 | 73 | | spray or other device of administration when the use of epinephrine is 44 |
---|
65 | 74 | | deemed necessary by the emergency medical services personnel for the 45 |
---|
66 | 75 | | treatment of a patient. All emergency medical services personnel shall 46 |
---|
67 | 76 | | receive such training in accordance with the national standards 47 |
---|
76 | 87 | | (c) All licensed or certified ambulances shall be equipped with 52 |
---|
77 | 88 | | epinephrine in such injectors, equipment, [or] prefilled vials and 53 |
---|
78 | 89 | | syringes, nasal spray or other device of administration to be 54 |
---|
79 | 90 | | administered as described in subsection (b) of this section and in 55 |
---|
80 | 91 | | accordance with written protocols and standing orders of a licensed 56 |
---|
81 | 92 | | physician serving as an emergency medical services medical director. 57 |
---|
82 | 93 | | Sec. 3. Subsection (a) of section 20-73b of the general statutes is 58 |
---|
83 | 94 | | repealed and the following is substituted in lieu thereof (Effective July 1, 59 |
---|
84 | 95 | | 2025): 60 |
---|
85 | 96 | | (a) Except as otherwise provided in this section, each physical 61 |
---|
86 | 97 | | therapist licensed pursuant to this chapter shall complete a minimum of 62 |
---|
87 | 98 | | twenty hours of continuing education during each registration period. 63 |
---|
88 | 99 | | For purposes of this section, registration period means the twelve-64 |
---|
89 | 100 | | month period for which a license has been renewed in accordance with 65 |
---|
90 | 101 | | section 19a-88 and is current and valid. The continuing education shall 66 |
---|
91 | 102 | | be in areas related to the individual's practice, except, (1) on and after 67 |
---|
92 | 103 | | January 1, 2022, such continuing education shall include not less than 68 |
---|
93 | 104 | | two hours of training or education on [(1)] (A) screening for post-69 |
---|
94 | 105 | | traumatic stress disorder, risk of suicide, depression and grief, and [(2)] 70 |
---|
95 | 106 | | (B) suicide prevention training, during the first registration period in 71 |
---|
96 | 107 | | which continuing education is required and not less than once every six 72 |
---|
97 | 108 | | years thereafter, and (2) on and after January 1, 2026, such continuing 73 |
---|
98 | 109 | | education shall include not less than two hours of education or training 74 |
---|
99 | 110 | | on ethics and jurisprudence. The requirement described in [subdivision 75 |
---|
100 | 111 | | (2)] subparagraph (B) of subdivision (1) of this subsection may be 76 |
---|
101 | 112 | | satisfied by the completion of the evidence-based youth suicide 77 |
---|
102 | 113 | | prevention training program administered pursuant to section 17a-52a. 78 |
---|
103 | 114 | | Qualifying continuing education activities include, but are not limited 79 |
---|
121 | | - | (c) Nothing in this section shall be construed to (1) affect a patient's 93 |
---|
122 | | - | obligation to pay for health care services, or (2) prohibit a health care 94 |
---|
123 | | - | provider from requesting, collecting or storing bank, credit or debit card 95 |
---|
124 | | - | or other payment-related information if the patient agrees to provide 96 |
---|
125 | | - | such information. 97 |
---|
126 | | - | Sec. 5. Section 52-146d of the general statutes is repealed and the 98 |
---|
127 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 99 |
---|
128 | | - | As used in this section and sections [52-146d to 52-146i] 52-146e to 52-100 |
---|
129 | | - | 146j, inclusive, as amended by this act: 101 |
---|
130 | | - | (1) "Authorized representative" means (A) [a person] an individual 102 |
---|
131 | | - | empowered by a person or patient to assert the confidentiality of 103 |
---|
132 | | - | communications or records [which] that are privileged under this 104 |
---|
133 | | - | section and sections [52-146c] 52-146e to 52-146i, inclusive, as amended 105 |
---|
134 | | - | by this act, or (B) if a person or patient is deceased, his or her personal 106 |
---|
135 | | - | representative or next of kin, or (C) if a person or patient is incompetent 107 |
---|
136 | | - | to assert or waive his or her privileges [hereunder] under said sections, 108 |
---|
137 | | - | (i) a guardian or conservator who has been or is appointed to act for the 109 |
---|
138 | | - | person or patient, or (ii) for the purpose of maintaining confidentiality 110 |
---|
139 | | - | until a guardian or conservator is appointed, the person's or patient's 111 |
---|
140 | | - | nearest relative; 112 |
---|
141 | | - | (2) ["Communications and records"] "Communication and record" 113 |
---|
142 | | - | means [all] each oral and written [communications and records] 114 |
---|
143 | | - | communication and the written record of such communication thereof 115 Substitute Bill No. 7157 |
---|
| 134 | + | Sec. 5. Section 52-146d of the general statutes is repealed and the 93 |
---|
| 135 | + | following is substituted in lieu thereof (Effective October 1, 2025): 94 |
---|
| 136 | + | As used in this section and sections [52-146d to 52-146i] 52-146e to 52-95 |
---|
| 137 | + | 146j, inclusive, as amended by this act: 96 |
---|
| 138 | + | (1) "Authorized representative" means (A) [a person] an individual 97 |
---|
| 139 | + | empowered by a person or patient to assert the confidentiality of 98 |
---|
| 140 | + | communications or records [which] that are privileged under this 99 |
---|
| 141 | + | section and sections [52-146c] 52-146e to 52-146i, inclusive, as amended 100 |
---|
| 142 | + | by this act, or (B) if a person or patient is deceased, his or her personal 101 |
---|
| 143 | + | representative or next of kin, or (C) if a person or patient is incompetent 102 |
---|
| 144 | + | to assert or waive his or her privileges [hereunder] under said sections, 103 |
---|
| 145 | + | (i) a guardian or conservator who has been or is appointed to act for the 104 |
---|
| 146 | + | person or patient, or (ii) for the purpose of maintaining confidentiality 105 |
---|
| 147 | + | until a guardian or conservator is appointed, the person's or patient's 106 |
---|
| 148 | + | nearest relative; 107 |
---|
| 149 | + | (2) ["Communications and records"] "Communication and record" 108 |
---|
| 150 | + | means [all] each oral and written [communications and records] 109 |
---|
| 151 | + | Raised Bill No. 7157 |
---|
148 | | - | relating to diagnosis or treatment of a person's or patient's mental 116 |
---|
149 | | - | condition between the person or patient and a psychologist or 117 |
---|
150 | | - | psychiatric mental health provider, or between a member of the person's 118 |
---|
151 | | - | or patient's family and a psychologist or psychiatric mental health 119 |
---|
152 | | - | provider, or between [any of] such [persons] person, patient, 120 |
---|
153 | | - | psychologist, psychiatrist or family member and [a person] an 121 |
---|
154 | | - | individual participating under the supervision of a psychologist or 122 |
---|
155 | | - | psychiatric mental health provider in the accomplishment of the 123 |
---|
156 | | - | objectives of diagnosis and treatment, wherever made, including 124 |
---|
157 | | - | [communications and records which occur] a communication and 125 |
---|
158 | | - | record that occurs in or [are] is prepared at a mental health facility; 126 |
---|
159 | | - | (3) "Consent" means [consent] voluntary agreement given in writing 127 |
---|
160 | | - | by the person or patient or his or her authorized representative; 128 |
---|
161 | | - | (4) "Identifiable" and ["identify a patient" refer to communications 129 |
---|
162 | | - | and records which contain (A) names] "identify a person or patient" 130 |
---|
163 | | - | mean information in a communication and record, including (A) the 131 |
---|
164 | | - | name of the person or patient or other descriptive data from which [a 132 |
---|
165 | | - | person] an individual acquainted with the person or patient might 133 |
---|
166 | | - | reasonably recognize the person or patient as the person or patient 134 |
---|
167 | | - | referred to, or (B) [codes or numbers which are] a code or number that 135 |
---|
168 | | - | is in general use outside of the mental health facility [which] that 136 |
---|
169 | | - | prepared the [communications and records] communication and record, 137 |
---|
170 | | - | which code or number would identify the person or patient to such 138 |
---|
171 | | - | persons who understand such code or number; 139 |
---|
172 | | - | (5) "Mental health facility" includes any hospital, clinic, ward, 140 |
---|
173 | | - | psychologist's office, psychiatric mental health provider's office or other 141 |
---|
174 | | - | facility, public or private, [which] that provides inpatient or outpatient 142 |
---|
175 | | - | service, in whole or in part, relating to the diagnosis or treatment of a 143 |
---|
176 | | - | person's or patient's mental condition; 144 |
---|
177 | | - | (6) "Patient" means [a person] an individual who communicates with 145 |
---|
178 | | - | or is treated by a psychiatric mental health provider in diagnosis or 146 |
---|
179 | | - | treatment; 147 Substitute Bill No. 7157 |
---|
| 155 | + | LCO No. 5596 5 of 19 |
---|
| 156 | + | |
---|
| 157 | + | communication and the written record of such communication thereof 110 |
---|
| 158 | + | relating to diagnosis or treatment of a person's or patient's mental 111 |
---|
| 159 | + | condition between the person or patient and a psychologist or 112 |
---|
| 160 | + | psychiatric mental health provider, or between a member of the person's 113 |
---|
| 161 | + | or patient's family and a psychologist or psychiatric mental health 114 |
---|
| 162 | + | provider, or between [any of] such [persons] person, patient, 115 |
---|
| 163 | + | psychologist, psychiatrist or family member and [a person] an 116 |
---|
| 164 | + | individual participating under the supervision of a psychologist or 117 |
---|
| 165 | + | psychiatric mental health provider in the accomplishment of the 118 |
---|
| 166 | + | objectives of diagnosis and treatment, wherever made, including 119 |
---|
| 167 | + | [communications and records which occur] a communication and 120 |
---|
| 168 | + | record that occurs in or [are] is prepared at a mental health facility; 121 |
---|
| 169 | + | (3) "Consent" means [consent] voluntary agreement given in writing 122 |
---|
| 170 | + | by the person or patient or his or her authorized representative; 123 |
---|
| 171 | + | (4) "Identifiable" and "identify a person or patient" [refer to 124 |
---|
| 172 | + | communications and records which contain (A) names] means 125 |
---|
| 173 | + | information in a communication and record, including (A) the name of 126 |
---|
| 174 | + | the person or patient or other descriptive data from which [a person] an 127 |
---|
| 175 | + | individual acquainted with the person or patient might reasonably 128 |
---|
| 176 | + | recognize the person or patient as the person or patient referred to, or 129 |
---|
| 177 | + | (B) [codes or numbers which are] a code or number that is in general use 130 |
---|
| 178 | + | outside of the mental health facility [which] that prepared the 131 |
---|
| 179 | + | [communications and records] communication and record, which code 132 |
---|
| 180 | + | or number would identify the person or patient to such persons who 133 |
---|
| 181 | + | understand such code or number; 134 |
---|
| 182 | + | (5) "Mental health facility" includes any hospital, clinic, ward, 135 |
---|
| 183 | + | psychologist's office, psychiatric mental health provider's office or other 136 |
---|
| 184 | + | facility, public or private, [which] that provides inpatient or outpatient 137 |
---|
| 185 | + | service, in whole or in part, relating to the diagnosis or treatment of a 138 |
---|
| 186 | + | person's or patient's mental condition; 139 |
---|
| 187 | + | (6) "Patient" means [a person] an individual who communicates with 140 |
---|
| 188 | + | Raised Bill No. 7157 |
---|
184 | | - | (7) "Person" means an individual who consults a psychologist for 148 |
---|
185 | | - | purposes of diagnosis or treatment; 149 |
---|
186 | | - | [(7)] (8) "Psychiatric mental health provider" means a physician 150 |
---|
187 | | - | specializing in psychiatry and licensed under the provisions of sections 151 |
---|
188 | | - | 20-9 to 20-12, inclusive, an advanced practice registered nurse licensed 152 |
---|
189 | | - | under chapter 378 who is board certified as a psychiatric mental health 153 |
---|
190 | | - | provider by the American Nurses Credentialing Center, [a person] an 154 |
---|
191 | | - | individual licensed to practice medicine who devotes a substantial 155 |
---|
192 | | - | portion of his or her time to the practice of psychiatry or [a person] an 156 |
---|
193 | | - | individual reasonably believed by the patient to be so qualified; and 157 |
---|
194 | | - | (9) "Psychologist" means an individual licensed to practice 158 |
---|
195 | | - | psychology pursuant to chapter 383. 159 |
---|
196 | | - | Sec. 6. Section 52-146e of the general statutes is repealed and the 160 |
---|
197 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 161 |
---|
198 | | - | (a) [All communications and records as defined in section 52-146d] 162 |
---|
199 | | - | Each communication and record shall be confidential and [shall be] 163 |
---|
200 | | - | subject to the provisions of sections 52-146d to 52-146j, inclusive, as 164 |
---|
201 | | - | amended by this act. Except as provided in sections 52-146f to 52-146i, 165 |
---|
202 | | - | inclusive, as amended by this act, no [person may] individual shall 166 |
---|
203 | | - | disclose or transmit any [communications and records] communication 167 |
---|
204 | | - | or record thereof, or the substance or any part or [any] resume thereof, 168 |
---|
205 | | - | [which identify a] that identifies a person or patient to any [person] 169 |
---|
206 | | - | individual, corporation or governmental agency without the consent of 170 |
---|
207 | | - | the person or patient or his or her authorized representative. 171 |
---|
208 | | - | (b) Any consent given by a person or patient to waive the 172 |
---|
209 | | - | confidentiality of a communication or record thereof shall specify to 173 |
---|
210 | | - | [what person] which individual or agency the information [is to] may 174 |
---|
211 | | - | be disclosed and to what use it will be put by such individual or agency. 175 |
---|
212 | | - | Each person and patient shall be informed that his or her refusal to grant 176 |
---|
213 | | - | consent will not jeopardize his or her right to obtain present or future 177 |
---|
214 | | - | treatment except where disclosure of the [communications and records] 178 |
---|
215 | | - | communication and record is necessary for the treatment. 179 Substitute Bill No. 7157 |
---|
| 192 | + | LCO No. 5596 6 of 19 |
---|
| 193 | + | |
---|
| 194 | + | or is treated by a psychiatric mental health provider in diagnosis or 141 |
---|
| 195 | + | treatment; 142 |
---|
| 196 | + | (7) "Person" means an individual who consults a psychologist for 143 |
---|
| 197 | + | purposes of diagnosis or treatment; 144 |
---|
| 198 | + | [(7)] (8) "Psychiatric mental health provider" means a physician 145 |
---|
| 199 | + | specializing in psychiatry and licensed under the provisions of sections 146 |
---|
| 200 | + | 20-9 to 20-12, inclusive, an advanced practice registered nurse licensed 147 |
---|
| 201 | + | under chapter 378 who is board certified as a psychiatric mental health 148 |
---|
| 202 | + | provider by the American Nurses Credentialing Center, [a person] an 149 |
---|
| 203 | + | individual licensed to practice medicine who devotes a substantial 150 |
---|
| 204 | + | portion of his or her time to the practice of psychiatry or [a person] an 151 |
---|
| 205 | + | individual reasonably believed by the patient to be so qualified; and 152 |
---|
| 206 | + | (9) "Psychologist" means an individual licensed to practice 153 |
---|
| 207 | + | psychology pursuant to chapter 383. 154 |
---|
| 208 | + | Sec. 6. Section 52-146e of the general statutes is repealed and the 155 |
---|
| 209 | + | following is substituted in lieu thereof (Effective July 1, 2025): 156 |
---|
| 210 | + | (a) [All communications and records as defined in section 52-146d] 157 |
---|
| 211 | + | Each communication and record shall be confidential and [shall be] 158 |
---|
| 212 | + | subject to the provisions of sections 52-146d to 52-146j, inclusive, as 159 |
---|
| 213 | + | amended by this act. Except as provided in sections 52-146f to 52-146i, 160 |
---|
| 214 | + | inclusive, as amended by this act, no [person may] individual shall 161 |
---|
| 215 | + | disclose or transmit any [communications and records] communication 162 |
---|
| 216 | + | or record thereof, or the substance or any part or [any] resume thereof, 163 |
---|
| 217 | + | [which identify] that identifies a person or patient to any [person] 164 |
---|
| 218 | + | individual, corporation or governmental agency without the consent of 165 |
---|
| 219 | + | the person or patient or his or her authorized representative. 166 |
---|
| 220 | + | (b) Any consent given by a person or patient to waive the 167 |
---|
| 221 | + | confidentiality of a communication or record thereof shall specify to 168 |
---|
| 222 | + | [what person] which individual or agency the information [is to] may 169 |
---|
| 223 | + | be disclosed and to what use it will be put by such individual or agency. 170 |
---|
| 224 | + | Raised Bill No. 7157 |
---|
220 | | - | (c) The person or patient or his or her authorized representative may 180 |
---|
221 | | - | withdraw any consent given under the provisions of this section at any 181 |
---|
222 | | - | time in a writing addressed to the [person] individual or office in which 182 |
---|
223 | | - | the original consent was filed. Withdrawal of consent shall not affect 183 |
---|
224 | | - | [communications or records] a communication or record thereof 184 |
---|
225 | | - | disclosed prior to notice of the withdrawal. 185 |
---|
226 | | - | Sec. 7. Section 52-146f of the general statutes is repealed and the 186 |
---|
227 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 187 |
---|
228 | | - | Consent of the person or patient shall not be required for the 188 |
---|
229 | | - | disclosure or transmission of [communications or records] a 189 |
---|
230 | | - | communication and record of the person or patient in the following 190 |
---|
231 | | - | situations: [as specifically limited:] 191 |
---|
232 | | - | (1) [Communications or records may be disclosed to other persons] 192 |
---|
233 | | - | A psychologist or psychiatric mental health provider may (A) disclose a 193 |
---|
234 | | - | communication and record to any other individual engaged in the 194 |
---|
235 | | - | diagnosis or treatment of the person or patient, [or may be transmitted] 195 |
---|
236 | | - | and (B) transmit the communication and record to another mental 196 |
---|
237 | | - | health facility to which the person or patient is admitted for diagnosis 197 |
---|
238 | | - | or treatment if the psychologist or psychiatric mental health provider 198 |
---|
239 | | - | [in possession of the communications or records] determines that the 199 |
---|
240 | | - | disclosure or transmission is needed to accomplish the objectives of 200 |
---|
241 | | - | diagnosis or treatment of the person or patient. The psychologist or 201 |
---|
242 | | - | psychiatric mental health provider shall inform the person or patient 202 |
---|
243 | | - | [shall be informed] that the [communications or records] 203 |
---|
244 | | - | communication and record will be so disclosed or transmitted. For 204 |
---|
245 | | - | purposes of this subsection, [persons] an individual in professional 205 |
---|
246 | | - | training [are to] to become a psychologist or psychiatric mental health 206 |
---|
247 | | - | provider shall be considered as engaged in the diagnosis or treatment 207 |
---|
248 | | - | of the [patients] person or patient. 208 |
---|
249 | | - | (2) [Communications or records may be disclosed] A psychologist or 209 |
---|
250 | | - | psychiatric mental health provider may disclose a communication and 210 |
---|
251 | | - | record when the psychologist or psychiatric mental health provider 211 Substitute Bill No. 7157 |
---|
| 228 | + | LCO No. 5596 7 of 19 |
---|
| 229 | + | |
---|
| 230 | + | Each person and patient shall be informed that his or her refusal to grant 171 |
---|
| 231 | + | consent will not jeopardize his or her right to obtain present or future 172 |
---|
| 232 | + | treatment except where disclosure of the [communications and records] 173 |
---|
| 233 | + | communication and record is necessary for the treatment. 174 |
---|
| 234 | + | (c) The person or patient or his or her authorized representative may 175 |
---|
| 235 | + | withdraw any consent given under the provisions of this section at any 176 |
---|
| 236 | + | time in a writing addressed to the [person] individual or office in which 177 |
---|
| 237 | + | the original consent was filed. Withdrawal of consent shall not affect 178 |
---|
| 238 | + | [communications or records] a communication or record thereof 179 |
---|
| 239 | + | disclosed prior to notice of the withdrawal. 180 |
---|
| 240 | + | Sec. 7. Section 52-146f of the general statutes is repealed and the 181 |
---|
| 241 | + | following is substituted in lieu thereof (Effective October 1, 2025): 182 |
---|
| 242 | + | Consent of the person or patient shall not be required for the 183 |
---|
| 243 | + | disclosure or transmission of [communications or records] a 184 |
---|
| 244 | + | communication and record of the person or patient in the following 185 |
---|
| 245 | + | situations: [as specifically limited:] 186 |
---|
| 246 | + | (1) [Communications or records may be disclosed to other persons] 187 |
---|
| 247 | + | A psychologist or psychiatric mental health provider may (A) disclose a 188 |
---|
| 248 | + | communication and record to any other individual engaged in the 189 |
---|
| 249 | + | diagnosis or treatment of the person or patient, [or may be transmitted] 190 |
---|
| 250 | + | and (B) transmit the communication and record to another mental 191 |
---|
| 251 | + | health facility to which the person or patient is admitted for diagnosis 192 |
---|
| 252 | + | or treatment if the psychologist or psychiatric mental health provider 193 |
---|
| 253 | + | [in possession of the communications or records] determines that the 194 |
---|
| 254 | + | disclosure or transmission is needed to accomplish the objectives of 195 |
---|
| 255 | + | diagnosis or treatment of the person or patient. The psychologist or 196 |
---|
| 256 | + | psychiatric mental health provider shall inform the person or patient 197 |
---|
| 257 | + | [shall be informed] that the [communications or records] 198 |
---|
| 258 | + | communication and record will be so disclosed or transmitted. For 199 |
---|
| 259 | + | purposes of this subsection, [persons] an individual in professional 200 |
---|
| 260 | + | training [are to] to become a psychologist or psychiatric mental health 201 |
---|
| 261 | + | Raised Bill No. 7157 |
---|
256 | | - | determines that there is substantial risk of imminent physical injury by 212 |
---|
257 | | - | the person or patient to himself, herself or others or when a psychologist 213 |
---|
258 | | - | or psychiatric mental health provider, in the course of diagnosis or 214 |
---|
259 | | - | treatment of the person or patient, finds it necessary to disclose the 215 |
---|
260 | | - | [communications or records] communication and record for the 216 |
---|
261 | | - | purpose of placing the person or patient in a mental health facility, by 217 |
---|
262 | | - | certification, commitment or otherwise, provided the provisions of 218 |
---|
263 | | - | sections 52-146d to 52-146j, inclusive, as amended by this act, shall 219 |
---|
264 | | - | continue in effect after the person or patient is in the facility. 220 |
---|
265 | | - | (3) Except as provided in section 17b-225, a psychologist or 221 |
---|
266 | | - | psychiatric mental health provider may disclose the name, address and 222 |
---|
267 | | - | fees for [psychiatric] services provided by a psychologist or psychiatric 223 |
---|
268 | | - | mental health provider to a person or patient [may be disclosed to 224 |
---|
269 | | - | individuals or agencies] to any individual or agency involved in the 225 |
---|
270 | | - | collection of fees for such services. In cases where a dispute arises over 226 |
---|
271 | | - | the fees or claims or where additional information is needed to 227 |
---|
272 | | - | substantiate the fee or claim, the disclosure of further information shall 228 |
---|
273 | | - | be limited to the following: (A) That the [person] individual was in fact 229 |
---|
274 | | - | a person or patient of the psychologist or psychiatric mental health 230 |
---|
275 | | - | provider; (B) the diagnosis of the person or patient; (C) the dates and 231 |
---|
276 | | - | duration of treatment of the person or patient; and (D) a general 232 |
---|
277 | | - | description of the treatment [, which] provided to the person or patient 233 |
---|
278 | | - | that shall include evidence that a treatment plan exists and has been 234 |
---|
279 | | - | carried out and evidence to substantiate the necessity for admission and 235 |
---|
280 | | - | length of stay in a health care institution or facility. If further 236 |
---|
281 | | - | information is required, the party seeking the information shall proceed 237 |
---|
282 | | - | in the same manner provided for hospital patients in section 4-105. 238 |
---|
283 | | - | (4) [Communications made to or records] A communication and 239 |
---|
284 | | - | record made by a psychologist or psychiatric mental health provider in 240 |
---|
285 | | - | the course of a psychological or psychiatric examination ordered by a 241 |
---|
286 | | - | court or made in connection with the application for the appointment of 242 |
---|
287 | | - | a conservator by the Probate Court for good cause shown may be 243 |
---|
288 | | - | disclosed at judicial or administrative proceedings in which the person 244 |
---|
289 | | - | or patient is a party, or in which the question of his or her incompetence 245 Substitute Bill No. 7157 |
---|
| 265 | + | LCO No. 5596 8 of 19 |
---|
| 266 | + | |
---|
| 267 | + | provider shall be considered as engaged in the diagnosis or treatment 202 |
---|
| 268 | + | of the [patients] person or patient. 203 |
---|
| 269 | + | (2) [Communications or records may be disclosed] A psychologist or 204 |
---|
| 270 | + | psychiatric mental health provider may disclose a communication and 205 |
---|
| 271 | + | record when the psychologist or psychiatric mental health provider 206 |
---|
| 272 | + | determines that there is substantial risk of imminent physical injury by 207 |
---|
| 273 | + | the person or patient to himself, herself or others or when a psychologist 208 |
---|
| 274 | + | or psychiatric mental health provider, in the course of diagnosis or 209 |
---|
| 275 | + | treatment of the person or patient, finds it necessary to disclose the 210 |
---|
| 276 | + | [communications or records] communication and record for the 211 |
---|
| 277 | + | purpose of placing the person or patient in a mental health facility, by 212 |
---|
| 278 | + | certification, commitment or otherwise, provided the provisions of 213 |
---|
| 279 | + | sections 52-146d to 52-146j, inclusive, as amended by this act, shall 214 |
---|
| 280 | + | continue in effect after the person or patient is in the facility. 215 |
---|
| 281 | + | (3) Except as provided in section 17b-225, a psychologist or 216 |
---|
| 282 | + | psychiatric mental health provider may disclose the name, address and 217 |
---|
| 283 | + | fees for [psychiatric] services provided by a psychologist or psychiatric 218 |
---|
| 284 | + | mental health provider to a person or patient [may be disclosed to 219 |
---|
| 285 | + | individuals or agencies] to any individual or agency involved in the 220 |
---|
| 286 | + | collection of fees for such services. In cases where a dispute arises over 221 |
---|
| 287 | + | the fees or claims or where additional information is needed to 222 |
---|
| 288 | + | substantiate the fee or claim, the disclosure of further information shall 223 |
---|
| 289 | + | be limited to the following: (A) That the [person] individual was in fact 224 |
---|
| 290 | + | a person or patient of the psychologist or psychiatric mental health 225 |
---|
| 291 | + | provider; (B) the diagnosis of the person or patient; (C) the dates and 226 |
---|
| 292 | + | duration of treatment of the person or patient; and (D) a general 227 |
---|
| 293 | + | description of the treatment [, which] provided to the person or patient 228 |
---|
| 294 | + | that shall include evidence that a treatment plan exists and has been 229 |
---|
| 295 | + | carried out and evidence to substantiate the necessity for admission and 230 |
---|
| 296 | + | length of stay in a health care institution or facility. If further 231 |
---|
| 297 | + | information is required, the party seeking the information shall proceed 232 |
---|
| 298 | + | in the same manner provided for hospital patients in section 4-105. 233 |
---|
| 299 | + | Raised Bill No. 7157 |
---|
294 | | - | because of mental illness is an issue, or in appropriate pretrial 246 |
---|
295 | | - | proceedings, provided (A) the court finds that the person or patient has 247 |
---|
296 | | - | been informed before making the [communications] communication to 248 |
---|
297 | | - | the psychologist or psychiatric mental health provider that any 249 |
---|
298 | | - | [communications will] communication made to the psychologist or 250 |
---|
299 | | - | psychiatric mental health provider shall not be confidential, and 251 |
---|
300 | | - | [provided the communications] (B) the communication and record shall 252 |
---|
301 | | - | be admissible only on issues involving the person's or patient's mental 253 |
---|
302 | | - | condition. 254 |
---|
303 | | - | (5) [Communications or records] A communication and record may 255 |
---|
304 | | - | be disclosed in a civil proceeding in which the person or patient 256 |
---|
305 | | - | introduces his or her mental condition as an element of his or her claim 257 |
---|
306 | | - | or defense, or, after the person's or patient's death, when his or her 258 |
---|
307 | | - | condition is introduced by a party claiming or defending through or as 259 |
---|
308 | | - | a beneficiary of the person or patient and the court or judge finds that it 260 |
---|
309 | | - | is more important to the interests of justice that the [communications] 261 |
---|
310 | | - | communication and record be disclosed than that the relationship 262 |
---|
311 | | - | between person and psychologist or patient and psychiatric mental 263 |
---|
312 | | - | health provider be protected. 264 |
---|
313 | | - | (6) [Communications or records] A communication and record may 265 |
---|
314 | | - | be disclosed to (A) the Commissioner of Public Health in connection 266 |
---|
315 | | - | with any inspection, investigation or examination of an institution, as 267 |
---|
316 | | - | defined in subsection (a) of section 19a-490, authorized under section 268 |
---|
317 | | - | 19a-498, or (B) the Commissioner of Mental Health and Addiction 269 |
---|
318 | | - | Services in connection with any inspection, investigation or examination 270 |
---|
319 | | - | authorized under subsection (f) of section 17a-451. 271 |
---|
320 | | - | (7) [Communications or records] A communication and record may 272 |
---|
321 | | - | be disclosed to a member of the immediate family or legal 273 |
---|
322 | | - | representative of the victim of a homicide committed by the person or 274 |
---|
323 | | - | patient where such person or patient has, on or after July 1, 1989, been 275 |
---|
324 | | - | found not guilty of such offense by reason of mental disease or defect 276 |
---|
325 | | - | pursuant to section 53a-13, provided (A) such family member or legal 277 |
---|
326 | | - | representative requests the disclosure of such [communications or 278 Substitute Bill No. 7157 |
---|
| 303 | + | LCO No. 5596 9 of 19 |
---|
| 304 | + | |
---|
| 305 | + | (4) [Communications made to or records] A communication and 234 |
---|
| 306 | + | record made by a psychologist or psychiatric mental health provider in 235 |
---|
| 307 | + | the course of a psychological or psychiatric examination ordered by a 236 |
---|
| 308 | + | court or made in connection with the application for the appointment of 237 |
---|
| 309 | + | a conservator by the Probate Court for good cause shown may be 238 |
---|
| 310 | + | disclosed at judicial or administrative proceedings in which the person 239 |
---|
| 311 | + | or patient is a party, or in which the question of his or her incompetence 240 |
---|
| 312 | + | because of mental illness is an issue, or in appropriate pretrial 241 |
---|
| 313 | + | proceedings, provided (A) the court finds that the person or patient has 242 |
---|
| 314 | + | been informed before making the [communications] communication to 243 |
---|
| 315 | + | the psychologist or psychiatric mental health provider that any 244 |
---|
| 316 | + | [communications will] communication made to the psychologist or 245 |
---|
| 317 | + | psychiatric mental health provider shall not be confidential, and 246 |
---|
| 318 | + | [provided the communications] (B) the communication and record shall 247 |
---|
| 319 | + | be admissible only on issues involving the person's or patient's mental 248 |
---|
| 320 | + | condition. 249 |
---|
| 321 | + | (5) [Communications or records] A communication and record may 250 |
---|
| 322 | + | be disclosed in a civil proceeding in which the person or patient 251 |
---|
| 323 | + | introduces his or her mental condition as an element of his or her claim 252 |
---|
| 324 | + | or defense, or, after the person's or patient's death, when his or her 253 |
---|
| 325 | + | condition is introduced by a party claiming or defending through or as 254 |
---|
| 326 | + | a beneficiary of the person or patient and the court or judge finds that it 255 |
---|
| 327 | + | is more important to the interests of justice that the [communications] 256 |
---|
| 328 | + | communication and record be disclosed than that the relationship 257 |
---|
| 329 | + | between person and psychologist or patient and psychiatric mental 258 |
---|
| 330 | + | health provider be protected. 259 |
---|
| 331 | + | (6) [Communications or records] A communication and record may 260 |
---|
| 332 | + | be disclosed to (A) the Commissioner of Public Health in connection 261 |
---|
| 333 | + | with any inspection, investigation or examination of an institution, as 262 |
---|
| 334 | + | defined in subsection (a) of section 19a-490, authorized under section 263 |
---|
| 335 | + | 19a-498, or (B) the Commissioner of Mental Health and Addiction 264 |
---|
| 336 | + | Services in connection with any inspection, investigation or examination 265 |
---|
| 337 | + | authorized under subsection (f) of section 17a-451. 266 |
---|
| 338 | + | Raised Bill No. 7157 |
---|
331 | | - | records] communication and record not later than six years after such 279 |
---|
332 | | - | finding, and [provided further, such communications] (B) such 280 |
---|
333 | | - | communication and record shall only be available during the pendency 281 |
---|
334 | | - | of, and for use in, a civil action relating to such person or patient found 282 |
---|
335 | | - | not guilty pursuant to section 53a-13. 283 |
---|
336 | | - | (8) If a provider of behavioral health services that contracts with the 284 |
---|
337 | | - | Department of Mental Health and Addiction Services requests payment, 285 |
---|
338 | | - | the name and address of the person or patient, a general description of 286 |
---|
339 | | - | the types of services provided, and the amount requested shall be 287 |
---|
340 | | - | disclosed to the department, provided notification that such disclosure 288 |
---|
341 | | - | will be made [is] shall be sent, in writing, to the person or patient at the 289 |
---|
342 | | - | earliest opportunity prior to such disclosure. In cases where a dispute 290 |
---|
343 | | - | arises over the fees or claims, or where additional information is needed 291 |
---|
344 | | - | to substantiate the claim, the disclosure of further information shall be 292 |
---|
345 | | - | limited to additional information necessary to clarify only the following: 293 |
---|
346 | | - | (A) That the person [in fact] or patient received the behavioral health 294 |
---|
347 | | - | services in question, (B) the dates of such services, and (C) a general 295 |
---|
348 | | - | description of the types of services. Information the department receives 296 |
---|
349 | | - | pursuant to this subdivision shall be disclosed only to federal or state 297 |
---|
350 | | - | auditors and only as necessary for the purposes of auditing. 298 |
---|
351 | | - | Sec. 8. Section 52-146g of the general statutes is repealed and the 299 |
---|
352 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 300 |
---|
353 | | - | (a) [A person] An individual engaged in research may have access to 301 |
---|
354 | | - | [psychiatric communications and records which identify patients] a 302 |
---|
355 | | - | communication and record that identifies a person or patient where 303 |
---|
356 | | - | needed for such research, if such [person's] individual's research plan is 304 |
---|
357 | | - | first submitted to and approved by the director of the mental health 305 |
---|
358 | | - | facility or [his] such director's designee. 306 |
---|
359 | | - | (b) The [communications and records] communication and record 307 |
---|
360 | | - | shall not be removed from the mental health facility [which] that 308 |
---|
361 | | - | prepared them. Coded data or data [which] that does not identify a 309 |
---|
362 | | - | person or patient may be removed from a mental health facility, 310 Substitute Bill No. 7157 |
---|
| 342 | + | LCO No. 5596 10 of 19 |
---|
| 343 | + | |
---|
| 344 | + | (7) [Communications or records] A communication and record may 267 |
---|
| 345 | + | be disclosed to a member of the immediate family or legal 268 |
---|
| 346 | + | representative of the victim of a homicide committed by the person or 269 |
---|
| 347 | + | patient where such person or patient has, on or after July 1, 1989, been 270 |
---|
| 348 | + | found not guilty of such offense by reason of mental disease or defect 271 |
---|
| 349 | + | pursuant to section 53a-13, provided (A) such family member or legal 272 |
---|
| 350 | + | representative requests the disclosure of such [communications or 273 |
---|
| 351 | + | records] communication and record not later than six years after such 274 |
---|
| 352 | + | finding, and [provided further, such communications] (B) such 275 |
---|
| 353 | + | communication and record shall only be available during the pendency 276 |
---|
| 354 | + | of, and for use in, a civil action relating to such person or patient found 277 |
---|
| 355 | + | not guilty pursuant to section 53a-13. 278 |
---|
| 356 | + | (8) If a provider of behavioral health services that contracts with the 279 |
---|
| 357 | + | Department of Mental Health and Addiction Services requests payment, 280 |
---|
| 358 | + | the name and address of the person or patient, a general description of 281 |
---|
| 359 | + | the types of services provided, and the amount requested shall be 282 |
---|
| 360 | + | disclosed to the department, provided notification that such disclosure 283 |
---|
| 361 | + | will be made [is] shall be sent, in writing, to the person or patient at the 284 |
---|
| 362 | + | earliest opportunity prior to such disclosure. In cases where a dispute 285 |
---|
| 363 | + | arises over the fees or claims, or where additional information is needed 286 |
---|
| 364 | + | to substantiate the claim, the disclosure of further information shall be 287 |
---|
| 365 | + | limited to additional information necessary to clarify only the following: 288 |
---|
| 366 | + | (A) That the person [in fact] or patient received the behavioral health 289 |
---|
| 367 | + | services in question, (B) the dates of such services, and (C) a general 290 |
---|
| 368 | + | description of the types of services. Information the department receives 291 |
---|
| 369 | + | pursuant to this subdivision shall be disclosed only to federal or state 292 |
---|
| 370 | + | auditors and only as necessary for the purposes of auditing. 293 |
---|
| 371 | + | Sec. 8. Section 52-146g of the general statutes is repealed and the 294 |
---|
| 372 | + | following is substituted in lieu thereof (Effective October 1, 2025): 295 |
---|
| 373 | + | (a) [A person] An individual engaged in research may have access to 296 |
---|
| 374 | + | [psychiatric communications and records which identify patients] a 297 |
---|
| 375 | + | communication and record that identifies a person or patient where 298 |
---|
| 376 | + | Raised Bill No. 7157 |
---|
367 | | - | provided the key to the code shall remain on the premises of the facility. 311 |
---|
368 | | - | (c) The mental health facility and the [person] individual doing the 312 |
---|
369 | | - | research shall be responsible for the preservation of the anonymity of 313 |
---|
370 | | - | [the patients] each person or patient identified in such communication 314 |
---|
371 | | - | and record and shall not disseminate data [which] that identifies a 315 |
---|
372 | | - | person or patient except as provided by sections 52-146d to 52-146j, 316 |
---|
373 | | - | inclusive, as amended by this act. 317 |
---|
374 | | - | Sec. 9. Section 52-146h of the general statutes is repealed and the 318 |
---|
375 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 319 |
---|
376 | | - | (a) Any facility or individual under contract with the Department of 320 |
---|
377 | | - | Mental Health and Addiction Services to provide behavioral health 321 |
---|
378 | | - | services shall transmit [information and records] a communication and 322 |
---|
379 | | - | record, if requested, to the Commissioner of Mental Health and 323 |
---|
380 | | - | Addiction Services pursuant to [his] such facility's or individual's 324 |
---|
381 | | - | obligation under section 17a-451 to maintain the overall responsibility 325 |
---|
382 | | - | for the care and treatment of [persons] individuals with psychiatric 326 |
---|
383 | | - | disorders or substance use disorders. The Commissioner of Mental 327 |
---|
384 | | - | Health and Addiction Services may collect and use the [information and 328 |
---|
385 | | - | records] communication and record for administration, planning or 329 |
---|
386 | | - | research, subject to the provisions of section 52-146g, as amended by this 330 |
---|
387 | | - | act. The Commissioner of Mental Health and Addiction Services may 331 |
---|
388 | | - | enter into contracts within the state and into interstate compacts for the 332 |
---|
389 | | - | efficient storage and retrieval of the [information and records] 333 |
---|
390 | | - | communication and record. 334 |
---|
391 | | - | (b) Identifiable data shall be removed from [all information and 335 |
---|
392 | | - | records] each communication and record before issuance from the 336 |
---|
393 | | - | individual or facility [which] that prepared [them] such communication 337 |
---|
394 | | - | and record, and a code, the key to which shall remain in possession of 338 |
---|
395 | | - | the issuing facility and be otherwise available only to the Commissioner 339 |
---|
396 | | - | of Mental Health and Addiction Services for purposes of planning, 340 |
---|
397 | | - | administration or research, shall be the exclusive means of identifying 341 |
---|
398 | | - | persons and patients. The key to the code shall not be available to any 342 Substitute Bill No. 7157 |
---|
| 380 | + | LCO No. 5596 11 of 19 |
---|
| 381 | + | |
---|
| 382 | + | needed for such research, if such [person's] individual's research plan is 299 |
---|
| 383 | + | first submitted to and approved by the director of the mental health 300 |
---|
| 384 | + | facility or [his] such director's designee. 301 |
---|
| 385 | + | (b) The [communications and records] communication and record 302 |
---|
| 386 | + | shall not be removed from the mental health facility [which] that 303 |
---|
| 387 | + | prepared them. Coded data or data [which] that does not identify a 304 |
---|
| 388 | + | person or patient may be removed from a mental health facility, 305 |
---|
| 389 | + | provided the key to the code shall remain on the premises of the facility. 306 |
---|
| 390 | + | (c) The mental health facility and the [person] individual doing the 307 |
---|
| 391 | + | research shall be responsible for the preservation of the anonymity of 308 |
---|
| 392 | + | [the patients] each person or patient identified in such communication 309 |
---|
| 393 | + | and record and shall not disseminate data [which] that identifies a 310 |
---|
| 394 | + | person or patient except as provided by sections 52-146d to 52-146j, 311 |
---|
| 395 | + | inclusive, as amended by this act. 312 |
---|
| 396 | + | Sec. 9. Section 52-146h of the general statutes is repealed and the 313 |
---|
| 397 | + | following is substituted in lieu thereof (Effective October 1, 2025): 314 |
---|
| 398 | + | (a) Any facility or individual under contract with the Department of 315 |
---|
| 399 | + | Mental Health and Addiction Services to provide behavioral health 316 |
---|
| 400 | + | services shall transmit [information and records] a communication and 317 |
---|
| 401 | + | record, if requested, to the Commissioner of Mental Health and 318 |
---|
| 402 | + | Addiction Services pursuant to [his] such facility's or individual's 319 |
---|
| 403 | + | obligation under section 17a-451 to maintain the overall responsibility 320 |
---|
| 404 | + | for the care and treatment of [persons] individuals with psychiatric 321 |
---|
| 405 | + | disorders or substance use disorders. The Commissioner of Mental 322 |
---|
| 406 | + | Health and Addiction Services may collect and use the [information and 323 |
---|
| 407 | + | records] communication and record for administration, planning or 324 |
---|
| 408 | + | research, subject to the provisions of section 52-146g, as amended by this 325 |
---|
| 409 | + | act. The Commissioner of Mental Health and Addiction Services may 326 |
---|
| 410 | + | enter into contracts within the state and into interstate compacts for the 327 |
---|
| 411 | + | efficient storage and retrieval of the [information and records] 328 |
---|
| 412 | + | communication and record. 329 |
---|
| 413 | + | Raised Bill No. 7157 |
---|
403 | | - | data banks in which the information is stored or to any other [persons] 343 |
---|
404 | | - | individuals, corporations or agencies, private or governmental. 344 |
---|
405 | | - | Sec. 10. Section 52-146i of the general statutes is repealed and the 345 |
---|
406 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 346 |
---|
407 | | - | [All written communications or records] Each communication and 347 |
---|
408 | | - | record disclosed to another [person] individual or agency shall bear the 348 |
---|
409 | | - | following statement: "The confidentiality of this record is required 349 |
---|
410 | | - | under chapter 899 of the Connecticut general statutes. This material 350 |
---|
411 | | - | shall not be transmitted to anyone without written consent or other 351 |
---|
412 | | - | authorization as provided in the aforementioned statutes." A copy of the 352 |
---|
413 | | - | consent form specifying to whom and for what specific use the 353 |
---|
414 | | - | communication [or] and record is transmitted or a statement setting 354 |
---|
415 | | - | forth any other statutory authorization for transmittal and the 355 |
---|
416 | | - | limitations imposed thereon shall accompany such communication [or] 356 |
---|
417 | | - | and record. In cases where the disclosure is made orally, the [person] 357 |
---|
418 | | - | individual disclosing the [information] communication and record shall 358 |
---|
419 | | - | inform the recipient that such [information] communication and record 359 |
---|
420 | | - | is governed by the provisions of sections 52-146d to 52-146j, inclusive, 360 |
---|
421 | | - | as amended by this act. 361 |
---|
422 | | - | Sec. 11. Section 52-146j of the general statutes is repealed and the 362 |
---|
423 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 363 |
---|
424 | | - | (a) Any [person] individual aggrieved by a violation of any provision 364 |
---|
425 | | - | of sections 52-146d to [52-146j] 52-146i, inclusive, as amended by this act, 365 |
---|
426 | | - | may petition the superior court for the judicial district in which [he] such 366 |
---|
427 | | - | individual resides, or, in the case of a nonresident of the state, the 367 |
---|
428 | | - | superior court for the judicial district of Hartford, for appropriate relief, 368 |
---|
429 | | - | including temporary and permanent injunctions, and the petition shall 369 |
---|
430 | | - | be privileged with respect to assignment for trial. 370 |
---|
431 | | - | (b) Any [person] individual aggrieved by a violation of any provision 371 |
---|
432 | | - | of sections 52-146d to [52-146j] 52-146i, inclusive, as amended by this act, 372 |
---|
433 | | - | may prove a cause of action for civil damages. 373 Substitute Bill No. 7157 |
---|
| 417 | + | LCO No. 5596 12 of 19 |
---|
| 418 | + | |
---|
| 419 | + | (b) Identifiable data shall be removed from [all information and 330 |
---|
| 420 | + | records] each communication and record before issuance from the 331 |
---|
| 421 | + | individual or facility [which] that prepared [them] such communication 332 |
---|
| 422 | + | and record, and a code, the key to which shall remain in possession of 333 |
---|
| 423 | + | the issuing facility and be otherwise available only to the Commissioner 334 |
---|
| 424 | + | of Mental Health and Addiction Services for purposes of planning, 335 |
---|
| 425 | + | administration or research, shall be the exclusive means of identifying 336 |
---|
| 426 | + | persons and patients. The key to the code shall not be available to any 337 |
---|
| 427 | + | data banks in which the information is stored or to any other [persons] 338 |
---|
| 428 | + | individuals, corporations or agencies, private or governmental. 339 |
---|
| 429 | + | Sec. 10. Section 52-146i of the general statutes is repealed and the 340 |
---|
| 430 | + | following is substituted in lieu thereof (Effective October 1, 2025): 341 |
---|
| 431 | + | [All written communications or records] Each communication and 342 |
---|
| 432 | + | record disclosed to another [person] individual or agency shall bear the 343 |
---|
| 433 | + | following statement: "The confidentiality of this record is required 344 |
---|
| 434 | + | under chapter 899 of the Connecticut general statutes. This material 345 |
---|
| 435 | + | shall not be transmitted to anyone without written consent or other 346 |
---|
| 436 | + | authorization as provided in the aforementioned statutes." A copy of the 347 |
---|
| 437 | + | consent form specifying to whom and for what specific use the 348 |
---|
| 438 | + | communication [or] and record is transmitted or a statement setting 349 |
---|
| 439 | + | forth any other statutory authorization for transmittal and the 350 |
---|
| 440 | + | limitations imposed thereon shall accompany such communication [or] 351 |
---|
| 441 | + | and record. In cases where the disclosure is made orally, the [person] 352 |
---|
| 442 | + | individual disclosing the [information] communication and record shall 353 |
---|
| 443 | + | inform the recipient that such [information] communication and record 354 |
---|
| 444 | + | is governed by the provisions of sections 52-146d to 52-146j, inclusive, 355 |
---|
| 445 | + | as amended by this act. 356 |
---|
| 446 | + | Sec. 11. Section 52-146j of the general statutes is repealed and the 357 |
---|
| 447 | + | following is substituted in lieu thereof (Effective October 1, 2025): 358 |
---|
| 448 | + | (a) Any [person] individual aggrieved by a violation of any provision 359 |
---|
| 449 | + | of sections 52-146d to [52-146j] 52-146i, inclusive, as amended by this act, 360 |
---|
| 450 | + | Raised Bill No. 7157 |
---|
438 | | - | Sec. 12. Section 17a-465b of the general statutes is repealed and the 374 |
---|
439 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 375 |
---|
440 | | - | A relative, guardian or conservator of a person who is receiving 376 |
---|
441 | | - | inpatient services at a facility of the Department of Mental Health and 377 |
---|
442 | | - | Addiction Services and is missing from such facility may request the 378 |
---|
443 | | - | Commissioner of Mental Health and Addiction Services to file a missing 379 |
---|
444 | | - | person report with the Department of Emergency Services and Public 380 |
---|
445 | | - | Protection for purposes of receiving assistance in locating such person 381 |
---|
446 | | - | under subsection (a) of section 29-1f. Notwithstanding the provisions of 382 |
---|
447 | | - | [sections 52-146c and] section 52-146e, as amended by this act, the 383 |
---|
448 | | - | Commissioner of Mental Health and Addiction Services may authorize 384 |
---|
449 | | - | an employee of the department who is certified under the provisions of 385 |
---|
450 | | - | sections 7-294a to 7-294e, inclusive, to file a missing person report with 386 |
---|
451 | | - | the Department of Emergency Services and Public Protection under 387 |
---|
452 | | - | subsection (a) of section 29-1f with respect to such person. Such report 388 |
---|
453 | | - | shall disclose only the minimal amount of information concerning such 389 |
---|
454 | | - | person as is necessary for purposes of the assistance provided under 390 |
---|
455 | | - | subsection (a) of section 29-1f. 391 |
---|
456 | | - | Sec. 13. Section 17a-590 of the general statutes is repealed and the 392 |
---|
457 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 393 |
---|
458 | | - | As one of the conditions of release, the board may require the 394 |
---|
459 | | - | acquittee to report to any public or private mental health facility for 395 |
---|
460 | | - | examination. Whenever medical, psychiatric or psychological treatment 396 |
---|
461 | | - | is recommended, the board may order the acquittee, as a condition of 397 |
---|
462 | | - | release, to cooperate with and accept treatment from the facility. The 398 |
---|
463 | | - | facility to which the acquittee has been referred for examination shall 399 |
---|
464 | | - | perform the examination and submit a written report of its findings to 400 |
---|
465 | | - | the board. If the facility finds that treatment of the person is appropriate, 401 |
---|
466 | | - | it shall include its recommendations for treatment in the report to the 402 |
---|
467 | | - | board. Whenever treatment is provided by the facility, the facility shall 403 |
---|
468 | | - | furnish reports to the board on a regular basis concerning the status of 404 |
---|
469 | | - | the acquittee and the degree to which the acquittee is a danger to himself 405 |
---|
470 | | - | or others. The board shall furnish copies of all such reports to the 406 Substitute Bill No. 7157 |
---|
| 454 | + | LCO No. 5596 13 of 19 |
---|
| 455 | + | |
---|
| 456 | + | may petition the superior court for the judicial district in which [he] such 361 |
---|
| 457 | + | individual resides, or, in the case of a nonresident of the state, the 362 |
---|
| 458 | + | superior court for the judicial district of Hartford, for appropriate relief, 363 |
---|
| 459 | + | including temporary and permanent injunctions, and the petition shall 364 |
---|
| 460 | + | be privileged with respect to assignment for trial. 365 |
---|
| 461 | + | (b) Any [person] individual aggrieved by a violation of any provision 366 |
---|
| 462 | + | of sections 52-146d to [52-146j] 52-146i, inclusive, as amended by this act, 367 |
---|
| 463 | + | may prove a cause of action for civil damages. 368 |
---|
| 464 | + | Sec. 12. Section 17a-465b of the general statutes is repealed and the 369 |
---|
| 465 | + | following is substituted in lieu thereof (Effective October 1, 2025): 370 |
---|
| 466 | + | A relative, guardian or conservator of a person who is receiving 371 |
---|
| 467 | + | inpatient services at a facility of the Department of Mental Health and 372 |
---|
| 468 | + | Addiction Services and is missing from such facility may request the 373 |
---|
| 469 | + | Commissioner of Mental Health and Addiction Services to file a missing 374 |
---|
| 470 | + | person report with the Department of Emergency Services and Public 375 |
---|
| 471 | + | Protection for purposes of receiving assistance in locating such person 376 |
---|
| 472 | + | under subsection (a) of section 29-1f. Notwithstanding the provisions of 377 |
---|
| 473 | + | [sections 52-146c and] section 52-146e, as amended by this act, the 378 |
---|
| 474 | + | Commissioner of Mental Health and Addiction Services may authorize 379 |
---|
| 475 | + | an employee of the department who is certified under the provisions of 380 |
---|
| 476 | + | sections 7-294a to 7-294e, inclusive, to file a missing person report with 381 |
---|
| 477 | + | the Department of Emergency Services and Public Protection under 382 |
---|
| 478 | + | subsection (a) of section 29-1f with respect to such person. Such report 383 |
---|
| 479 | + | shall disclose only the minimal amount of information concerning such 384 |
---|
| 480 | + | person as is necessary for purposes of the assistance provided under 385 |
---|
| 481 | + | subsection (a) of section 29-1f. 386 |
---|
| 482 | + | Sec. 13. Section 17a-590 of the general statutes is repealed and the 387 |
---|
| 483 | + | following is substituted in lieu thereof (Effective October 1, 2025): 388 |
---|
| 484 | + | As one of the conditions of release, the board may require the 389 |
---|
| 485 | + | acquittee to report to any public or private mental health facility for 390 |
---|
| 486 | + | examination. Whenever medical, psychiatric or psychological treatment 391 |
---|
| 487 | + | Raised Bill No. 7157 |
---|
475 | | - | acquittee, counsel for the acquittee and the state's attorney. Psychiatric 407 |
---|
476 | | - | or psychological reports concerning the acquittee that are in the 408 |
---|
477 | | - | possession of the board shall not be public records, as defined in section 409 |
---|
478 | | - | 1-200, except that information in such reports relied on by the board or 410 |
---|
479 | | - | used as evidence concerning the discharge, conditional release, 411 |
---|
480 | | - | temporary leave or confinement of the acquittee shall not be 412 |
---|
481 | | - | confidential. The provisions of sections [52-146c] 52-146d to 52-146j, 413 |
---|
482 | | - | inclusive, as amended by this act, shall not apply to such reports for the 414 |
---|
483 | | - | purposes of this section. The facility shall comply with any other 415 |
---|
484 | | - | conditions of release prescribed by order of the board. 416 |
---|
485 | | - | Sec. 14. Subsection (d) of section 17a-596 of the general statutes is 417 |
---|
486 | | - | repealed and the following is substituted in lieu thereof (Effective October 418 |
---|
487 | | - | 1, 2025): 419 |
---|
488 | | - | (d) Any hearing by the board, including the taking of any testimony 420 |
---|
489 | | - | at such hearing, shall be open to the public. At any hearing before the 421 |
---|
490 | | - | board, the acquittee shall have all the rights given a party to a contested 422 |
---|
491 | | - | case under chapter 54. In addition to the rights enumerated in chapter 423 |
---|
492 | | - | 54, the acquittee shall have the right to appear at all proceedings before 424 |
---|
493 | | - | the board, except board deliberations, and to be represented by counsel, 425 |
---|
494 | | - | to consult with counsel prior to the hearing and, if indigent, to have 426 |
---|
495 | | - | counsel provided, pursuant to the provisions of chapter 887, without 427 |
---|
496 | | - | cost. At any hearing before the board, copies of documents and reports 428 |
---|
497 | | - | considered by the board shall be available for examination by the 429 |
---|
498 | | - | acquittee, counsel for the acquittee and the state's attorney. Psychiatric 430 |
---|
499 | | - | or psychological reports concerning the acquittee that are in the 431 |
---|
500 | | - | possession of the board shall not be public records, as defined in section 432 |
---|
501 | | - | 1-200, except that information in such reports relied on by the board or 433 |
---|
502 | | - | used as evidence concerning the discharge, conditional release, 434 |
---|
503 | | - | temporary leave or confinement of the acquittee shall not be 435 |
---|
504 | | - | confidential. The provisions of sections [52-146c] 52-146d to 52-146j, 436 |
---|
505 | | - | inclusive, as amended by this act, shall not apply to such reports for the 437 |
---|
506 | | - | purposes of this section. 438 |
---|
507 | | - | Sec. 15. Subsection (a) of section 52-146o of the general statutes is 439 Substitute Bill No. 7157 |
---|
| 491 | + | LCO No. 5596 14 of 19 |
---|
| 492 | + | |
---|
| 493 | + | is recommended, the board may order the acquittee, as a condition of 392 |
---|
| 494 | + | release, to cooperate with and accept treatment from the facility. The 393 |
---|
| 495 | + | facility to which the acquittee has been referred for examination shall 394 |
---|
| 496 | + | perform the examination and submit a written report of its findings to 395 |
---|
| 497 | + | the board. If the facility finds that treatment of the person is appropriate, 396 |
---|
| 498 | + | it shall include its recommendations for treatment in the report to the 397 |
---|
| 499 | + | board. Whenever treatment is provided by the facility, the facility shall 398 |
---|
| 500 | + | furnish reports to the board on a regular basis concerning the status of 399 |
---|
| 501 | + | the acquittee and the degree to which the acquittee is a danger to himself 400 |
---|
| 502 | + | or others. The board shall furnish copies of all such reports to the 401 |
---|
| 503 | + | acquittee, counsel for the acquittee and the state's attorney. Psychiatric 402 |
---|
| 504 | + | or psychological reports concerning the acquittee that are in the 403 |
---|
| 505 | + | possession of the board shall not be public records, as defined in section 404 |
---|
| 506 | + | 1-200, except that information in such reports relied on by the board or 405 |
---|
| 507 | + | used as evidence concerning the discharge, conditional release, 406 |
---|
| 508 | + | temporary leave or confinement of the acquittee shall not be 407 |
---|
| 509 | + | confidential. The provisions of sections [52-146c] 52-146d to 52-146j, 408 |
---|
| 510 | + | inclusive, as amended by this act, shall not apply to such reports for the 409 |
---|
| 511 | + | purposes of this section. The facility shall comply with any other 410 |
---|
| 512 | + | conditions of release prescribed by order of the board. 411 |
---|
| 513 | + | Sec. 14. Subsection (d) of section 17a-596 of the general statutes is 412 |
---|
| 514 | + | repealed and the following is substituted in lieu thereof (Effective October 413 |
---|
| 515 | + | 1, 2025): 414 |
---|
| 516 | + | (d) Any hearing by the board, including the taking of any testimony 415 |
---|
| 517 | + | at such hearing, shall be open to the public. At any hearing before the 416 |
---|
| 518 | + | board, the acquittee shall have all the rights given a party to a contested 417 |
---|
| 519 | + | case under chapter 54. In addition to the rights enumerated in chapter 418 |
---|
| 520 | + | 54, the acquittee shall have the right to appear at all proceedings before 419 |
---|
| 521 | + | the board, except board deliberations, and to be represented by counsel, 420 |
---|
| 522 | + | to consult with counsel prior to the hearing and, if indigent, to have 421 |
---|
| 523 | + | counsel provided, pursuant to the provisions of chapter 887, without 422 |
---|
| 524 | + | cost. At any hearing before the board, copies of documents and reports 423 |
---|
| 525 | + | considered by the board shall be available for examination by the 424 |
---|
| 526 | + | Raised Bill No. 7157 |
---|
512 | | - | repealed and the following is substituted in lieu thereof (Effective October 440 |
---|
513 | | - | 1, 2025): 441 |
---|
514 | | - | (a) Except as provided in sections [52-146c] 52-146d to 52-146j, 442 |
---|
515 | | - | inclusive, as amended by this act, sections 52-146p, 52-146q and 52-146s 443 |
---|
516 | | - | [,] and subsection (b) of this section, in any civil action or any proceeding 444 |
---|
517 | | - | preliminary thereto or in any probate, legislative or administrative 445 |
---|
518 | | - | proceeding, a physician or surgeon, licensed pursuant to section 20-9, or 446 |
---|
519 | | - | other licensed health care provider, shall not disclose (1) any 447 |
---|
520 | | - | communication made to him or her by, or any information obtained by 448 |
---|
521 | | - | him or her from, a patient or the conservator or guardian of a patient 449 |
---|
522 | | - | with respect to any actual or supposed physical or mental disease or 450 |
---|
523 | | - | disorder, or (2) any information obtained by personal examination of a 451 |
---|
524 | | - | patient, unless the patient or that patient's authorized representative 452 |
---|
525 | | - | explicitly consents to such disclosure. 453 |
---|
526 | | - | Sec. 16. Subsection (a) of section 52-146w of the general statutes is 454 |
---|
527 | | - | repealed and the following is substituted in lieu thereof (Effective October 455 |
---|
528 | | - | 1, 2025): 456 |
---|
529 | | - | (a) Except as provided in sections [52-146c] 52-146d to 52-146k, 457 |
---|
530 | | - | inclusive, as amended by this act, sections 52-146o, as amended by this 458 |
---|
531 | | - | act, 52-146p, 52-146q and 52-146s and subsection (b) of this section, in 459 |
---|
532 | | - | any civil action or any proceeding preliminary thereto or in any probate, 460 |
---|
533 | | - | legislative or administrative proceeding, no covered entity, as defined 461 |
---|
534 | | - | in 45 CFR 160.103, shall disclose (1) any communication made to such 462 |
---|
535 | | - | covered entity, or any information obtained by such covered entity 463 |
---|
536 | | - | from, a patient or the conservator, guardian or other authorized legal 464 |
---|
537 | | - | representative of a patient relating to reproductive health care services, 465 |
---|
538 | | - | as defined in section 52-571m, that are permitted under the laws of this 466 |
---|
539 | | - | state, or (2) any information obtained by personal examination of a 467 |
---|
540 | | - | patient relating to reproductive health care services, as defined in 468 |
---|
541 | | - | section 52-571m, that are permitted under the laws of this state, unless 469 |
---|
542 | | - | the patient or that patient's conservator, guardian or other authorized 470 |
---|
543 | | - | legal representative explicitly consents in writing to such disclosure. A 471 |
---|
544 | | - | covered entity shall inform the patient or the patient's conservator, 472 Substitute Bill No. 7157 |
---|
| 530 | + | LCO No. 5596 15 of 19 |
---|
| 531 | + | |
---|
| 532 | + | acquittee, counsel for the acquittee and the state's attorney. Psychiatric 425 |
---|
| 533 | + | or psychological reports concerning the acquittee that are in the 426 |
---|
| 534 | + | possession of the board shall not be public records, as defined in section 427 |
---|
| 535 | + | 1-200, except that information in such reports relied on by the board or 428 |
---|
| 536 | + | used as evidence concerning the discharge, conditional release, 429 |
---|
| 537 | + | temporary leave or confinement of the acquittee shall not be 430 |
---|
| 538 | + | confidential. The provisions of sections [52-146c] 52-146d to 52-146j, 431 |
---|
| 539 | + | inclusive, as amended by this act, shall not apply to such reports for the 432 |
---|
| 540 | + | purposes of this section. 433 |
---|
| 541 | + | Sec. 15. Subsection (a) of section 52-146o of the general statutes is 434 |
---|
| 542 | + | repealed and the following is substituted in lieu thereof (Effective October 435 |
---|
| 543 | + | 1, 2025): 436 |
---|
| 544 | + | (a) Except as provided in sections [52-146c] 52-146d to 52-146j, 437 |
---|
| 545 | + | inclusive, as amended by this act, sections 52-146p, 52-146q and 52-146s 438 |
---|
| 546 | + | [,] and subsection (b) of this section, in any civil action or any proceeding 439 |
---|
| 547 | + | preliminary thereto or in any probate, legislative or administrative 440 |
---|
| 548 | + | proceeding, a physician or surgeon, licensed pursuant to section 20-9, or 441 |
---|
| 549 | + | other licensed health care provider, shall not disclose (1) any 442 |
---|
| 550 | + | communication made to him or her by, or any information obtained by 443 |
---|
| 551 | + | him or her from, a patient or the conservator or guardian of a patient 444 |
---|
| 552 | + | with respect to any actual or supposed physical or mental disease or 445 |
---|
| 553 | + | disorder, or (2) any information obtained by personal examination of a 446 |
---|
| 554 | + | patient, unless the patient or that patient's authorized representative 447 |
---|
| 555 | + | explicitly consents to such disclosure. 448 |
---|
| 556 | + | Sec. 16. Subsection (a) of section 52-146w of the general statutes is 449 |
---|
| 557 | + | repealed and the following is substituted in lieu thereof (Effective October 450 |
---|
| 558 | + | 1, 2025): 451 |
---|
| 559 | + | (a) Except as provided in sections [52-146c] 52-146d to 52-146k, 452 |
---|
| 560 | + | inclusive, as amended by this act, sections 52-146o, as amended by this 453 |
---|
| 561 | + | act, 52-146p, 52-146q and 52-146s and subsection (b) of this section, in 454 |
---|
| 562 | + | any civil action or any proceeding preliminary thereto or in any probate, 455 |
---|
| 563 | + | Raised Bill No. 7157 |
---|
549 | | - | guardian or other authorized legal representative of the patient's right 473 |
---|
550 | | - | to withhold such written consent. 474 |
---|
551 | | - | Sec. 17. Subsection (a) of section 52-146x of the general statutes is 475 |
---|
552 | | - | repealed and the following is substituted in lieu thereof (Effective October 476 |
---|
553 | | - | 1, 2025): 477 |
---|
554 | | - | (a) Except as provided in sections [52-146c] 52-146d to 52-146k, 478 |
---|
555 | | - | inclusive, as amended by this act, sections 52-146o, as amended by this 479 |
---|
556 | | - | act, 52-146p, 52-146q and 52-146s and subsection (b) of this section, in 480 |
---|
557 | | - | any civil action or any proceeding preliminary thereto or in any probate, 481 |
---|
558 | | - | legislative or administrative proceeding, no covered entity, as defined 482 |
---|
559 | | - | in 45 CFR 160.103, shall disclose (1) any communication made to such 483 |
---|
560 | | - | covered entity, or any information obtained by such covered entity 484 |
---|
561 | | - | from, a patient or the conservator, guardian or other authorized legal 485 |
---|
562 | | - | representative of a patient relating to reproductive health care services 486 |
---|
563 | | - | or gender-affirming health care services, as defined in section 52-571n, 487 |
---|
564 | | - | that are permitted under the laws of this state, or (2) any information 488 |
---|
565 | | - | obtained by personal examination of a patient relating to reproductive 489 |
---|
566 | | - | health care services or gender-affirming health care services, as defined 490 |
---|
567 | | - | in section 52-571n, that are permitted under the laws of this state, unless 491 |
---|
568 | | - | the patient or that patient's conservator, guardian or other authorized 492 |
---|
569 | | - | legal representative explicitly consents in writing to such disclosure. A 493 |
---|
570 | | - | covered entity shall inform the patient or the patient's conservator, 494 |
---|
571 | | - | guardian or other authorized legal representative of the patient's right 495 |
---|
572 | | - | to withhold such written consent. 496 |
---|
573 | | - | Sec. 18. Subsection (a) of section 19a-17 of the general statutes is 497 |
---|
574 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 498 |
---|
575 | | - | 2025): 499 |
---|
576 | | - | (a) Each board or commission established under chapters 369 to 376, 500 |
---|
577 | | - | inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the 501 |
---|
578 | | - | Department of Public Health with respect to professions under its 502 |
---|
579 | | - | jurisdiction that have no board or commission may take any of the 503 |
---|
580 | | - | following actions, singly or in combination, based on conduct that 504 Substitute Bill No. 7157 |
---|
| 567 | + | LCO No. 5596 16 of 19 |
---|
| 568 | + | |
---|
| 569 | + | legislative or administrative proceeding, no covered entity, as defined 456 |
---|
| 570 | + | in 45 CFR 160.103, shall disclose (1) any communication made to such 457 |
---|
| 571 | + | covered entity, or any information obtained by such covered entity 458 |
---|
| 572 | + | from, a patient or the conservator, guardian or other authorized legal 459 |
---|
| 573 | + | representative of a patient relating to reproductive health care services, 460 |
---|
| 574 | + | as defined in section 52-571m, that are permitted under the laws of this 461 |
---|
| 575 | + | state, or (2) any information obtained by personal examination of a 462 |
---|
| 576 | + | patient relating to reproductive health care services, as defined in 463 |
---|
| 577 | + | section 52-571m, that are permitted under the laws of this state, unless 464 |
---|
| 578 | + | the patient or that patient's conservator, guardian or other authorized 465 |
---|
| 579 | + | legal representative explicitly consents in writing to such disclosure. A 466 |
---|
| 580 | + | covered entity shall inform the patient or the patient's conservator, 467 |
---|
| 581 | + | guardian or other authorized legal representative of the patient's right 468 |
---|
| 582 | + | to withhold such written consent. 469 |
---|
| 583 | + | Sec. 17. Subsection (a) of section 52-146x of the general statutes is 470 |
---|
| 584 | + | repealed and the following is substituted in lieu thereof (Effective October 471 |
---|
| 585 | + | 1, 2025): 472 |
---|
| 586 | + | (a) Except as provided in sections [52-146c] 52-146d to 52-146k, 473 |
---|
| 587 | + | inclusive, as amended by this act, sections 52-146o, as amended by this 474 |
---|
| 588 | + | act, 52-146p, 52-146q and 52-146s and subsection (b) of this section, in 475 |
---|
| 589 | + | any civil action or any proceeding preliminary thereto or in any probate, 476 |
---|
| 590 | + | legislative or administrative proceeding, no covered entity, as defined 477 |
---|
| 591 | + | in 45 CFR 160.103, shall disclose (1) any communication made to such 478 |
---|
| 592 | + | covered entity, or any information obtained by such covered entity 479 |
---|
| 593 | + | from, a patient or the conservator, guardian or other authorized legal 480 |
---|
| 594 | + | representative of a patient relating to reproductive health care services 481 |
---|
| 595 | + | or gender-affirming health care services, as defined in section 52-571n, 482 |
---|
| 596 | + | that are permitted under the laws of this state, or (2) any information 483 |
---|
| 597 | + | obtained by personal examination of a patient relating to reproductive 484 |
---|
| 598 | + | health care services or gender-affirming health care services, as defined 485 |
---|
| 599 | + | in section 52-571n, that are permitted under the laws of this state, unless 486 |
---|
| 600 | + | the patient or that patient's conservator, guardian or other authorized 487 |
---|
| 601 | + | legal representative explicitly consents in writing to such disclosure. A 488 |
---|
| 602 | + | Raised Bill No. 7157 |
---|
585 | | - | occurred prior or subsequent to the issuance of a permit or a license 505 |
---|
586 | | - | upon finding the existence of good cause: 506 |
---|
587 | | - | (1) Revoke a practitioner's license or permit; 507 |
---|
588 | | - | (2) Suspend a practitioner's license or permit; 508 |
---|
589 | | - | (3) Censure a practitioner or permittee; 509 |
---|
590 | | - | (4) Issue a letter of reprimand to a practitioner or permittee; 510 |
---|
591 | | - | (5) Restrict or otherwise limit practice to those areas prescribed by the 511 |
---|
592 | | - | board, commission or department; 512 |
---|
593 | | - | (6) Place a practitioner or permittee on probationary status and 513 |
---|
594 | | - | require the practitioner or permittee to: 514 |
---|
595 | | - | (A) Report regularly to such board, commission or department upon 515 |
---|
596 | | - | the matters which are the basis of probation; 516 |
---|
597 | | - | (B) Limit practice to those areas prescribed by such board, 517 |
---|
598 | | - | commission or department; and 518 |
---|
599 | | - | (C) Continue or renew professional education until a satisfactory 519 |
---|
600 | | - | degree of skill has been attained in those areas which are the basis for 520 |
---|
601 | | - | the probation; 521 |
---|
602 | | - | (7) Assess a civil penalty of up to [ten] twenty-five thousand dollars; 522 |
---|
603 | | - | (8) In those cases involving persons or entities licensed or certified 523 |
---|
604 | | - | pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 and 524 |
---|
605 | | - | 20-476, require that restitution be made to an injured property owner; 525 |
---|
606 | | - | or 526 |
---|
607 | | - | (9) Summarily take any action specified in this subsection against a 527 |
---|
608 | | - | practitioner's license or permit upon receipt of proof that such 528 |
---|
609 | | - | practitioner has been: 529 |
---|
610 | | - | (A) Found guilty or convicted as a result of an act which constitutes 530 Substitute Bill No. 7157 |
---|
| 606 | + | LCO No. 5596 17 of 19 |
---|
| 607 | + | |
---|
| 608 | + | covered entity shall inform the patient or the patient's conservator, 489 |
---|
| 609 | + | guardian or other authorized legal representative of the patient's right 490 |
---|
| 610 | + | to withhold such written consent. 491 |
---|
| 611 | + | Sec. 18. Subsection (a) of section 19a-17 of the general statutes is 492 |
---|
| 612 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 493 |
---|
| 613 | + | 2025): 494 |
---|
| 614 | + | (a) Each board or commission established under chapters 369 to 376, 495 |
---|
| 615 | + | inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the 496 |
---|
| 616 | + | Department of Public Health with respect to professions under its 497 |
---|
| 617 | + | jurisdiction that have no board or commission may take any of the 498 |
---|
| 618 | + | following actions, singly or in combination, based on conduct that 499 |
---|
| 619 | + | occurred prior or subsequent to the issuance of a permit or a license 500 |
---|
| 620 | + | upon finding the existence of good cause: 501 |
---|
| 621 | + | (1) Revoke a practitioner's license or permit; 502 |
---|
| 622 | + | (2) Suspend a practitioner's license or permit; 503 |
---|
| 623 | + | (3) Censure a practitioner or permittee; 504 |
---|
| 624 | + | (4) Issue a letter of reprimand to a practitioner or permittee; 505 |
---|
| 625 | + | (5) Restrict or otherwise limit practice to those areas prescribed by the 506 |
---|
| 626 | + | board, commission or department; 507 |
---|
| 627 | + | (6) Place a practitioner or permittee on probationary status and 508 |
---|
| 628 | + | require the practitioner or permittee to: 509 |
---|
| 629 | + | (A) Report regularly to such board, commission or department upon 510 |
---|
| 630 | + | the matters which are the basis of probation; 511 |
---|
| 631 | + | (B) Limit practice to those areas prescribed by such board, 512 |
---|
| 632 | + | commission or department; and 513 |
---|
| 633 | + | (C) Continue or renew professional education until a satisfactory 514 |
---|
| 634 | + | degree of skill has been attained in those areas which are the basis for 515 |
---|
| 635 | + | Raised Bill No. 7157 |
---|
615 | | - | a felony under (i) the laws of this state, (ii) federal law, or (iii) the laws 531 |
---|
616 | | - | of another jurisdiction and which, if committed within this state, would 532 |
---|
617 | | - | have constituted a felony under the laws of this state, except for a 533 |
---|
618 | | - | practitioner who is a social worker under chapter 383b, an art therapist 534 |
---|
619 | | - | under chapter 383g, a dietitian-nutritionist under chapter 384b, an 535 |
---|
620 | | - | embalmer or funeral director under chapter 385, a barber under chapter 536 |
---|
621 | | - | 386, a hairdresser, cosmetician, esthetician, eyelash technician or nail 537 |
---|
622 | | - | technician under chapter 387; or 538 |
---|
623 | | - | (B) Subject to disciplinary action similar to that specified in this 539 |
---|
624 | | - | subsection by a duly authorized professional agency of any state, the 540 |
---|
625 | | - | federal government, the District of Columbia, a United States possession 541 |
---|
626 | | - | or territory or a foreign jurisdiction. The applicable board or 542 |
---|
627 | | - | commission, or the department shall promptly notify the practitioner or 543 |
---|
628 | | - | permittee that his license or permit has been summarily acted upon 544 |
---|
629 | | - | pursuant to this subsection and shall institute formal proceedings for 545 |
---|
630 | | - | revocation within ninety days after such notification. 546 |
---|
631 | | - | Sec. 19. Section 19a-490r of the general statutes is repealed and the 547 |
---|
632 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 548 |
---|
633 | | - | A health care employer shall maintain records [which] that detail 549 |
---|
634 | | - | incidents of workplace violence and include the specific area or 550 |
---|
635 | | - | department of [the] such employer's premises where the incident 551 |
---|
636 | | - | occurred. A health care employer shall report not later than [January 1, 552 |
---|
637 | | - | 2016, and] February first annually [thereafter,] to the Department of 553 |
---|
638 | | - | Public Health the number of workplace violence incidents occurring on 554 |
---|
639 | | - | the employer's premises during the preceding calendar year and the 555 |
---|
640 | | - | specific area or department where such incidents occurred. 556 |
---|
641 | | - | Sec. 20. Section 19a-903b of the general statutes is repealed and the 557 |
---|
642 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 558 |
---|
643 | | - | A hospital, as defined in section 19a-490b, may designate any 559 |
---|
644 | | - | licensed health care provider and any certified ultrasound, [or] nuclear 560 |
---|
645 | | - | medicine, magnetic resonance imaging, radiologic or 561 |
---|
646 | | - | polysomnographic technologist to perform the following oxygen-562 Substitute Bill No. 7157 |
---|
| 639 | + | LCO No. 5596 18 of 19 |
---|
| 640 | + | |
---|
| 641 | + | the probation; 516 |
---|
| 642 | + | (7) Assess a civil penalty of up to [ten] twenty-five thousand dollars; 517 |
---|
| 643 | + | (8) In those cases involving persons or entities licensed or certified 518 |
---|
| 644 | + | pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 and 519 |
---|
| 645 | + | 20-476, require that restitution be made to an injured property owner; 520 |
---|
| 646 | + | or 521 |
---|
| 647 | + | (9) Summarily take any action specified in this subsection against a 522 |
---|
| 648 | + | practitioner's license or permit upon receipt of proof that such 523 |
---|
| 649 | + | practitioner has been: 524 |
---|
| 650 | + | (A) Found guilty or convicted as a result of an act which constitutes 525 |
---|
| 651 | + | a felony under (i) the laws of this state, (ii) federal law, or (iii) the laws 526 |
---|
| 652 | + | of another jurisdiction and which, if committed within this state, would 527 |
---|
| 653 | + | have constituted a felony under the laws of this state, except for a 528 |
---|
| 654 | + | practitioner who is a social worker under chapter 383b, an art therapist 529 |
---|
| 655 | + | under chapter 383g, a dietitian-nutritionist under chapter 384b, an 530 |
---|
| 656 | + | embalmer or funeral director under chapter 385, a barber under chapter 531 |
---|
| 657 | + | 386, a hairdresser, cosmetician, esthetician, eyelash technician or nail 532 |
---|
| 658 | + | technician under chapter 387; or 533 |
---|
| 659 | + | (B) Subject to disciplinary action similar to that specified in this 534 |
---|
| 660 | + | subsection by a duly authorized professional agency of any state, the 535 |
---|
| 661 | + | federal government, the District of Columbia, a United States possession 536 |
---|
| 662 | + | or territory or a foreign jurisdiction. The applicable board or 537 |
---|
| 663 | + | commission, or the department shall promptly notify the practitioner or 538 |
---|
| 664 | + | permittee that his license or permit has been summarily acted upon 539 |
---|
| 665 | + | pursuant to this subsection and shall institute formal proceedings for 540 |
---|
| 666 | + | revocation within ninety days after such notification. 541 |
---|
| 667 | + | Sec. 19. Section 52-146c of the general statutes is repealed. (Effective 542 |
---|
| 668 | + | October 1, 2025) 543 |
---|
| 669 | + | Raised Bill No. 7157 |
---|
651 | | - | related patient care activities in a hospital: (1) Connecting or 563 |
---|
652 | | - | disconnecting oxygen supply; (2) transporting a portable oxygen source; 564 |
---|
653 | | - | (3) connecting, disconnecting or adjusting the mask, tubes and other 565 |
---|
654 | | - | patient oxygen delivery apparatus; and (4) adjusting the rate or flow of 566 |
---|
655 | | - | oxygen consistent with a medical order. Such provider or technologist 567 |
---|
656 | | - | may perform such activities only to the extent permitted by hospital 568 |
---|
657 | | - | policies and procedures, including bylaws, rules and regulations 569 |
---|
658 | | - | applicable to the medical staff. A hospital shall document that each 570 |
---|
659 | | - | person designated to perform oxygen-related patient care activities has 571 |
---|
660 | | - | been properly trained, either through such person's professional 572 |
---|
661 | | - | education or through training provided by the hospital. In addition, a 573 |
---|
662 | | - | hospital shall require that such person satisfy annual competency 574 |
---|
663 | | - | testing. Nothing in this section shall be construed to prohibit a hospital 575 |
---|
664 | | - | from designating persons who are authorized to transport a patient with 576 |
---|
665 | | - | a portable oxygen source. The provisions of this section shall not apply 577 |
---|
666 | | - | to any type of ventilator, continuous positive airway pressure or bi-level 578 |
---|
667 | | - | positive airway pressure units or any other noninvasive positive 579 |
---|
668 | | - | pressure ventilation. 580 |
---|
669 | | - | Sec. 21. Subsection (n) of section 19a-89e of the general statutes is 581 |
---|
670 | | - | repealed and the following is substituted in lieu thereof (Effective October 582 |
---|
671 | | - | 1, 2025): 583 |
---|
672 | | - | (n) [Not later than October 1, 2024, and biannually thereafter, a] Each 584 |
---|
673 | | - | hospital shall report biannually to the Department of Public Health, in 585 |
---|
674 | | - | a form and manner prescribed by the Commissioner of Public Health, 586 |
---|
675 | | - | whether it has been in compliance, for the previous six months, with at 587 |
---|
676 | | - | least eighty per cent of the nurse staffing assignments as required by any 588 |
---|
677 | | - | component outlined in the nurse staffing plan developed pursuant to 589 |
---|
678 | | - | subsections (d) and (e) of this section. Each hospital shall submit such 590 |
---|
679 | | - | reports not later than January fifteenth for the most recent six-month 591 |
---|
680 | | - | period ending on January first, and not later than July fifteenth for the 592 |
---|
681 | | - | most recent six-month period ending on July first. 593 |
---|
682 | | - | Sec. 22. Section 17a-20 of the general statutes is repealed and the 594 |
---|
683 | | - | following is substituted in lieu thereof (Effective from passage): 595 Substitute Bill No. 7157 |
---|
| 673 | + | LCO No. 5596 19 of 19 |
---|
685 | | - | |
---|
686 | | - | LCO 20 of 23 |
---|
687 | | - | |
---|
688 | | - | (a) For the purposes of this section, "psychiatric clinic" (1) means an 596 |
---|
689 | | - | organization licensed by the Department of Children and Families and 597 |
---|
690 | | - | staffed by psychiatrists, psychologists, social workers and such other 598 |
---|
691 | | - | professional, paraprofessional and clerical personnel as local 599 |
---|
692 | | - | circumstances may require, working in collaboration with other social 600 |
---|
693 | | - | service agencies, to provide mental health services that are designed to 601 |
---|
694 | | - | [(1)] (A) effectively decrease the prevalence and incidence of mental 602 |
---|
695 | | - | illness, emotional disturbance and social disfunctioning, and [(2)] (B) 603 |
---|
696 | | - | promote mental health in individuals, groups and institutions, and 604 |
---|
697 | | - | [includes] (2) may include a general hospital with such clinic services. 605 |
---|
698 | | - | The Department of Children and Families shall develop and maintain a 606 |
---|
699 | | - | program of outpatient psychiatric clinics for children and youths and 607 |
---|
700 | | - | their families. 608 |
---|
701 | | - | (b) For the purposes of this section, "child guidance clinic" means a 609 |
---|
702 | | - | subset of psychiatric clinics for children designated by the Department 610 |
---|
703 | | - | of Children and Families pursuant to this section to receive grant funds 611 |
---|
704 | | - | for the purpose of assisting the department to provide community-612 |
---|
705 | | - | based psychiatric services for children, youths and families. In order to 613 |
---|
706 | | - | meet such mandate, the department shall designate a subset of 614 |
---|
707 | | - | outpatient psychiatric clinics for children to be known as child guidance 615 |
---|
708 | | - | clinics. The department shall provide grants to such child guidance 616 |
---|
709 | | - | clinics in accordance with the provisions of this section. Any town 617 |
---|
710 | | - | having a population of not less than forty thousand, as most recently 618 |
---|
711 | | - | determined by the Secretary of the Office of Policy and Management, or 619 |
---|
712 | | - | any combination of towns with a combined population of not less than 620 |
---|
713 | | - | forty thousand as similarly determined, or any nonprofit corporation 621 |
---|
714 | | - | organized or existing for the purpose of establishing or maintaining a 622 |
---|
715 | | - | psychiatric clinic for children and youths or for children and youths and 623 |
---|
716 | | - | their families, or any clinic designated by the Department of Children 624 |
---|
717 | | - | and Families as of January 1, 1995, may apply to the Department of 625 |
---|
718 | | - | Children and Families for funds to be used to assist in establishing, 626 |
---|
719 | | - | maintaining or expanding a psychiatric clinic. The applications, and any 627 |
---|
720 | | - | grant of funds pursuant thereto, shall not be subject to the provisions of 628 |
---|
721 | | - | section 17a-476, except to the extent required by federal law. The 629 Substitute Bill No. 7157 |
---|
722 | | - | |
---|
723 | | - | |
---|
724 | | - | LCO 21 of 23 |
---|
725 | | - | |
---|
726 | | - | department shall base any grant of funds on the services provided to 630 |
---|
727 | | - | children and youths under eighteen years of age and on the 631 |
---|
728 | | - | effectiveness of the services. No grant shall exceed two-thirds of the 632 |
---|
729 | | - | ordinary recurring operating expenses of the clinic, nor shall any grant 633 |
---|
730 | | - | be made to pay for any portion of capital expenditures for the clinic. No 634 |
---|
731 | | - | clinic in existence as of October 1, 1995, shall be eligible for grants of any 635 |
---|
732 | | - | funds under this section unless it has obtained a license within six 636 |
---|
733 | | - | months of the adoption of regulations under subsection (c) of this 637 |
---|
734 | | - | section. No clinic receiving funds under this section shall refuse services 638 |
---|
735 | | - | to any resident of this state solely because of his or her place of 639 |
---|
736 | | - | residence. 640 |
---|
737 | | - | (c) The Department of Children and Families shall adopt regulations, 641 |
---|
738 | | - | in accordance with the provisions of chapter 54, defining the minimum 642 |
---|
739 | | - | requirements for outpatient psychiatric clinics for children to be eligible 643 |
---|
740 | | - | for licensure under this section in regard to (1) qualification and number 644 |
---|
741 | | - | of staff members, (2) clinic operation including but not limited to 645 |
---|
742 | | - | physical plant, governing body and recordkeeping, (3) effectiveness of 646 |
---|
743 | | - | services, and (4) populations targeted for priority access. The 647 |
---|
744 | | - | regulations shall also govern the granting of the funds to assist in 648 |
---|
745 | | - | establishing, maintaining and expanding psychiatric clinics. The 649 |
---|
746 | | - | department shall, upon payment of a fee of three hundred dollars, issue 650 |
---|
747 | | - | to any qualifying clinic a license that shall be in force for twenty-four 651 |
---|
748 | | - | months from the date of issue and shall be renewable for additional 652 |
---|
749 | | - | twenty-four-month periods, upon payment of a fee of three hundred 653 |
---|
750 | | - | dollars for each such period, provided the clinic continues to meet 654 |
---|
751 | | - | conditions satisfactory to the department. The department shall make 655 |
---|
752 | | - | available to child guidance clinics forms to be used in making 656 |
---|
753 | | - | application for available funds. Upon receipt of proper application, the 657 |
---|
754 | | - | department shall grant the funds, provided the plans for financing, the 658 |
---|
755 | | - | standards of operation and the effectiveness of services of the clinics are 659 |
---|
756 | | - | approved by the department in accordance with the provisions of this 660 |
---|
757 | | - | section. The grants shall be made on an annual basis. 661 |
---|
758 | | - | (d) Nothing in this section shall be construed to require a hospital 662 |
---|
759 | | - | licensed by the Department of Public Health to obtain licensure from the 663 Substitute Bill No. 7157 |
---|
760 | | - | |
---|
761 | | - | |
---|
762 | | - | LCO 22 of 23 |
---|
763 | | - | |
---|
764 | | - | Department of Children and Families to provide inpatient or outpatient 664 |
---|
765 | | - | mental health services to patients of any age. 665 |
---|
766 | | - | Sec. 23. Section 7-62b of the general statutes is amended by adding 666 |
---|
767 | | - | subsection (g) as follows (Effective from passage): 667 |
---|
768 | | - | (NEW) (g) Notwithstanding the provisions of subsection (c) of this 668 |
---|
769 | | - | section, the Commissioner of Public Health shall establish, not later than 669 |
---|
770 | | - | January 1, 2026, a process by which a person may request a short-form 670 |
---|
771 | | - | death certificate that excludes the medical certification portion of the 671 |
---|
772 | | - | certificate for provision to persons or institutions that do not require 672 |
---|
773 | | - | knowledge of the cause of death of the decedent. 673 |
---|
774 | | - | Sec. 24. Section 52-146c of the general statutes is repealed. (Effective 674 |
---|
775 | | - | October 1, 2025) 675 |
---|
776 | 675 | | This act shall take effect as follows and shall amend the following |
---|
777 | 676 | | sections: |
---|
778 | 677 | | |
---|
779 | 678 | | Section 1 July 1, 2025 19a-411(b) |
---|
780 | 679 | | Sec. 2 July 1, 2025 19a-197a |
---|
781 | 680 | | Sec. 3 July 1, 2025 20-73b(a) |
---|
782 | 681 | | Sec. 4 October 1, 2025 New section |
---|
783 | 682 | | Sec. 5 October 1, 2025 52-146d |
---|
784 | 683 | | Sec. 6 July 1, 2025 52-146e |
---|
785 | 684 | | Sec. 7 October 1, 2025 52-146f |
---|
786 | 685 | | Sec. 8 October 1, 2025 52-146g |
---|
787 | 686 | | Sec. 9 October 1, 2025 52-146h |
---|
788 | 687 | | Sec. 10 October 1, 2025 52-146i |
---|
789 | 688 | | Sec. 11 October 1, 2025 52-146j |
---|
790 | 689 | | Sec. 12 October 1, 2025 17a-465b |
---|
791 | 690 | | Sec. 13 October 1, 2025 17a-590 |
---|
792 | 691 | | Sec. 14 October 1, 2025 17a-596(d) |
---|
793 | 692 | | Sec. 15 October 1, 2025 52-146o(a) |
---|
794 | 693 | | Sec. 16 October 1, 2025 52-146w(a) |
---|
795 | 694 | | Sec. 17 October 1, 2025 52-146x(a) |
---|
796 | 695 | | Sec. 18 July 1, 2025 19a-17(a) |
---|