House Bill No. 7505

June Special Session, Public Act No. 01-4

AN ACT CONCERNING THE IMPLEMENTATION OF EXPENDITURES FOR VARIOUS STATE HEALTH PROGRAMS AND SERVICES AND MAKING TECHNICAL AND OTHER CHANGES TO CERTAIN PUBLIC HEALTH AND RELATED STATUTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. The sum of two hundred nineteen thousand dollars of the amount appropriated to the Department of Public Health for Breast and Cervical Cancer Detection and Treatment, for the fiscal year ending June 30, 2002, in section 1 of special act 01-1 of the June special session, shall be transferred to Other Expenses and used by the Department of Public Health for chlamydia education and testing in school-based health centers, community health centers and community health vans.

Sec. 2. Subsection (c) of section 19a-14 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:

(1) Speech pathologist and audiologist;

(2) Hearing [aid dealer] instrument specialist;

(3) Nursing home administrator;

(4) Sanitarian;

(5) Subsurface sewage system installer or cleaner;

(6) Marital and family therapist;

(7) Nurse-midwife;

(8) Licensed clinical social worker;

(9) Respiratory care practitioner;

(10) Asbestos contractor and asbestos consultant;

(11) Massage therapist;

(12) Registered nurse's aide;

(13) Radiographer;

(14) Dental hygienist;

(15) Dietitian-Nutritionist;

(16) Asbestos abatement worker;

(17) Asbestos abatement site supervisor;

(18) Licensed or certified alcohol and drug counselor;

(19) Professional counselor;

(20) Acupuncturist;

(21) Occupational therapist and occupational therapist assistant;

(22) Lead abatement contractor, [; and] lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and planner-project designer;

(23) [Nail technician] Emergency medical technician, emergency medical technician-intermediate, medical response technician and emergency medical services instructor; and

(24) Paramedic.

The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over [said] such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.

Sec. 3. Subsection (c) of section 19a-14 of the general statutes, as amended by section 8 of public act 00-226, is repealed and the following is substituted in lieu thereof:

(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:

(1) Speech pathologist and audiologist;

(2) Hearing [aid dealer] instrument specialist;

(3) Nursing home administrator;

(4) Sanitarian;

(5) Subsurface sewage system installer or cleaner;

(6) Marital and family therapist;

(7) Nurse-midwife;

(8) Licensed clinical social worker;

(9) Respiratory care practitioner;

(10) Asbestos contractor and asbestos consultant;

(11) Massage therapist;

(12) Registered nurse's aide;

(13) Radiographer;

(14) Dental hygienist;

(15) Dietitian-Nutritionist;

(16) Asbestos abatement worker;

(17) Asbestos abatement site supervisor;

(18) Licensed or certified alcohol and drug counselor;

(19) Professional counselor;

(20) Acupuncturist;

(21) Occupational therapist and occupational therapist assistant;

(22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and planner-project designer;

(23) [Nail technician; and] Emergency medical technician, emergency medical technician-intermediate, medical response technician and emergency medical services instructor;

(24) Paramedic; and

[(24)] (25) Athletic trainer.

The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over [said] such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.

Sec. 4. Subsection (e) of section 19a-88 of the general statutes is repealed and the following is substituted in lieu thereof:

(e) Each person holding a license or certificate issued under section 19a-514, 20-74s, 20-195cc or 20-206ll and chapters 370 to 373, inclusive, 375, 378 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399 or 400a and section 20-206n [,] or 20-206o [or 20-266c] shall, annually, during the month of such person's birth, apply for renewal of such license or certificate to the Department of Public Health, giving such person's name in full, such person's residence and business address and such other information as the department requests. Each person holding a license or certificate issued pursuant to section 20-475 or 20-476 shall, annually, during the month of such person's birth, apply for renewal of such license or certificate to the department. Each entity holding a license issued pursuant to section 20-475 shall, annually, during the anniversary month of initial licensure, apply for renewal of such license or certificate to the department.

Sec. 5. Subsection (e) of section 19a-88 of the general statutes, as amended by section 9 of public act 00-226, is repealed and the following is substituted in lieu thereof:

(e) Each person holding a license or certificate issued under section 19a-514, 20-65k, 20-74s, 20-195cc or 20-206ll and chapters 370 to 373, inclusive, 375, 378 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399 or 400a and section 20-206n [,] or 20-206o [or 20-266c] shall, annually, during the month of such person's birth, apply for renewal of such license or certificate to the Department of Public Health, giving such person's name in full, such person's residence and business address and such other information as the department requests. Each person holding a license or certificate issued pursuant to section 20-475 or 20-476 shall, annually, during the month of such person's birth, apply for renewal of such license or certificate to the department. Each entity holding a license issued pursuant to section 20-475 shall, annually, during the anniversary month of initial licensure, apply for renewal of such license or certificate to the department.

Sec. 6. The sum of twenty-five thousand dollars of the amount appropriated to the Department of Public Health for Breast and Cervical Cancer Detection and Treatment, for the fiscal year ending June 30, 2002, in section 1 of special act 01-1 of the June special session, shall be transferred to Other Expenses and used by the Department of Public Health for the cost of producing educational materials regarding gynecologic cancer pursuant to section 7 of this act.

Sec. 7. (NEW) The Department of Public Health shall develop a pamphlet containing summary information concerning gynecologic cancers, including cervical, ovarian and uterine cancer. Such pamphlet shall contain standardized information with respect to such cancers, written in plain language, that includes (1) signs and symptoms, (2) risk factors, (3) the benefits of early detection through appropriate diagnostic testing, (4) treatment options, and (5) such other information as the department deems necessary. The department shall make such pamphlet available to hospitals, physicians and other health care providers for distribution to patients. The department shall also prepare appropriate multilingual versions of such pamphlet for use by Spanish-speaking and other non-English-speaking patients.

Sec. 8. (NEW) Notwithstanding any provision of the general statutes or any public or special act, no uncompensated care or disproportionate share payment may be made to any hospital under any provision of the general statutes or any public or special act unless the Secretary of the Office of Policy and Management certifies that such hospital has made reasonable efforts to provide uncompensated care in this state.

Sec. 9. Section 17b-256 of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Social Services may administer, within available appropriations, a program providing payment for the cost of drugs prescribed by a physician for the prevention or treatment of acquired immunodeficiency syndrome (AIDS) [, AIDS-related complex (ARC)] or human immunodeficiency virus (HIV infection). The commissioner shall determine specific drugs to be covered and may implement a pharmacy lock-in procedure for the program. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section. The commissioner may implement the program while in the process of adopting regulations, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days of implementation. The regulations may include eligibility for all persons with AIDS or HIV infection whose income is below four hundred per cent of the federal poverty level. The commissioner may, within available appropriations, purchase and maintain insurance policies for eligible clients, including, but not limited to, coverage of costs associated with such policies, that provide a full range of HIV treatments and access to comprehensive primary care services as determined by the commissioner and as provided by federal law, and may provide payment, determined by [said] the commissioner, for (1) drugs and nutritional supplements prescribed by a physician that prevent or treat opportunistic diseases and conditions associated with AIDS or HIV infection; (2) ancillary supplies related to the administration of such drugs; and (3) laboratory tests ordered by a physician.

Sec. 10. Section 17b-349 of the general statutes is amended by adding subsections (f) and (g) as follows:

(NEW) (f) For the fiscal year ending June 30, 2002, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be in the same proportion to its grant award made in the fiscal year ending June 30, 2001, as the total appropriation for such grant awards for the fiscal year ending June 30, 2002, is to the total appropriation for such grant awards for the prior fiscal year, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

(NEW) (g) For the fiscal year ending June 30, 2003, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be in the same proportion to its grant award made in the fiscal year ending June 30, 2002, as the total appropriation for such grant awards for the fiscal year ending June 30, 2003, is to the total appropriation for such grant awards for the prior fiscal year, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

Sec. 11. Section 10-212 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each local or regional board of education shall appoint one or more school nurses or nurse practitioners. Such school nurses and nurse practitioners appointed by such boards shall be qualified pursuant to regulations adopted in accordance with the provisions of chapter 54 by the State Board of Education with the technical advice and assistance of the Department of Public Health. Such school nurses may also act as visiting nurses in the town, may visit the homes of pupils in the public schools and shall assist in executing the orders of the school medical advisor, if there is any in such town, and perform such other duties as are required by such board.

(b) Notwithstanding any provision of the general statutes or any regulation of Connecticut state agencies, nothing in this section shall be construed to prohibit the administering of medications by parents or guardians to their own children on school grounds.

Sec. 12. Subdivision (4) of section 20-250 of the general statutes is repealed and the following is substituted in lieu thereof:

(4) "Hairdressing and cosmetology" means the art of dressing, arranging, curling, waving, weaving, cutting, singeing, bleaching and coloring the hair and treating the scalp of any person, and massaging, cleansing, stimulating, manipulating, exercising or beautifying with the use of the hands, appliances, cosmetic preparations, antiseptics, tonics, lotions, creams, powders, oils or clays and doing similar work on the face, neck and arms, and manicuring the fingernails and, for cosmetic purposes only, trimming, filing and painting the healthy toenails, excluding cutting nail beds, corns and calluses or other medical treatment involving the foot or ankle, of any person for compensation, provided nothing in this definition shall prohibit an unlicensed person from performing facials, eyebrow arching, shampooing, manicuring of the fingernails or braiding hair.

Sec. 13. (NEW) Notwithstanding any provision of chapter 474 of the general statutes or the regulations of Connecticut state agencies, any municipality owning land purchased in January, 1999, that was formerly used for agricultural purposes and that is watershed land or is located adjacent to watershed land may use such municipally-owned land for the construction and operation of a golf course, subject to the following conditions: (1) The golf course shall be owned by the municipality; (2) best management practices, as recommended from time to time by the Department of Environmental Protection, shall be used in the design, construction and operation of the golf course, including, but not limited to, integrated pest management and above-ground storage of chemicals and fuels; and (3) the manager of the golf course shall file an annual report with any water company owned by the municipality, any water company drawing water from the watershed, the Department of Environmental Protection and the municipality describing the best management practices used in the operation of the golf course, including, but not limited to, a description of the kind and amount of pesticides and herbicides used on the golf course during the year and such other information as may be requested by any such water company or the Department of Environmental Protection. Such report shall be made available to the public.

Sec. 14. Subsection (b) of section 20-195dd of the general statutes is repealed and the following is substituted in lieu thereof:

(b) (1) Prior to July 1, 1999, an applicant for a license as a professional counselor may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner of having: [(1)] (A) Earned a master's degree, sixth-year degree or doctoral degree from a regionally accredited institution of higher education with a major the National Board for Certified Counselors or its successor organization deems to be in the discipline of professional counseling; and [(2)] (B) practiced professional counseling for a minimum of two years within a five-year period immediately preceding application.

(2) Prior to December 30, 2001, an applicant for a license as a professional counselor may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner of having: (A) Earned at least a thirty-hour master's degree, sixth-year degree or doctoral degree from a regionally accredited institution of higher education with a major in social work, marriage and family therapy, counseling, psychology or forensic psychology; (B) practiced professional counseling for a minimum of two years within a five-year period immediately preceding application; and (C) passed an examination prescribed by the commissioner.

Sec. 15. The Commissioner of Social Services, in consultation with the Commissioner of Public Health, shall conduct a study to determine the cost and savings related to requiring occupational therapy services in nursing facilities. Such study shall be based on the occupational therapy care needs of residents. Not later than February 1, 2002, the commissioner shall submit a report containing the commissioner's findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health, insurance and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a of the general statutes.

Sec. 16. Section 19a-423 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Upon the denial of an application [of] for an original youth camp license under this chapter, the commissioner shall notify the applicant in writing of such denial, by mailing a notice to [him] the applicant at the applicant's address shown on [his] the application. [Any applicant aggrieved by such denial may appeal therefrom in accordance with the provisions of section 19a-424.]

(b) The commissioner may suspend, revoke or refuse to renew the license of any youth camp regulated and licensed under this chapter if the licensee: (1) Is convicted of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof; (2) is legally adjudicated insane or mentally incompetent, the record of such adjudication being conclusive evidence thereof; (3) uses any narcotic or any controlled drug, as defined in section 21a-240, to an extent or in a manner that such use impairs [his] the licensee's ability to properly care for children; (4) consistently fails to maintain standards prescribed and published by the [Department of Public Health] department; (5) furnishes or makes any misleading or any false statement or report to the department; (6) refuses to submit to the department any reports or refuses to make available to the department any records required by it in investigating the facility for licensing purposes; (7) fails or refuses to submit to an investigation or inspection by the department or to admit authorized representatives of the department at any reasonable time for the purpose of investigation, inspection or licensing; (8) fails to provide, maintain, equip and keep in safe and sanitary condition premises established for or used by the campers pursuant to minimum standards prescribed by the [Department of Public Health] department or by ordinances or regulations applicable to the location of such facility; or (9) wilfully or deliberately violates any of the provisions of this chapter.

Sec. 17. Section 19a-424 of the general statutes is repealed and the following is substituted in lieu thereof:

Any [applicant or] licensee aggrieved by the action of the [Commissioner of Public Health] commissioner in [denying,] suspending or revoking any license under the provisions of this chapter may appeal therefrom in accordance with the provisions of section 4-183.

Sec. 18. Section 20-195cc of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Public Health shall grant a license as a professional counselor to any applicant who furnishes evidence satisfactory to the commissioner that [he] such applicant has met the requirements of section 20-195dd. The commissioner shall develop and provide application forms. The application fee shall be two hundred fifty dollars.

(b) [The license] Licenses issued under this section may be renewed annually pursuant to section 19a-88. [for a fee of] The fee for such renewal shall be one hundred fifty dollars. Each licensed professional counselor applying for license renewal shall furnish evidence satisfactory to the commissioner of having participated in continuing education programs. The commissioner shall adopt regulations, in accordance with chapter 54, to (1) define basic requirements for continuing education programs, (2) delineate qualifying programs, (3) establish a system of control and reporting, and (4) provide for a waiver of the continuing education requirement for good cause.

Sec. 19. Subsection (c) of section 20-402a of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Every hearing [aid dealer] instrument specialist, audiologist, corporation, partnership, trust, association or like organization that engages in the sale of hearing aids at retail shall include in every receipt, contract or order pertaining to the sale of a hearing aid, in reasonable proximity to the space reserved for the signature of the buyer, or on the first page if there is no space reserved for the signature of the buyer, a clear and conspicuous disclosure of the following specific statement in all capital letters of no less than twelve point boldface type of uniform font and in an easily readable style: ANY BUYER WHO ORDERS A HEARING AID AND LEAVES A DEPOSIT OF ONE HUNDRED DOLLARS OR MORE WITH THE SELLER SHALL BE ENTITLED TO CANCEL SUCH ORDER AND DEMAND A FULL REFUND OF SUCH DEPOSIT, LESS ANY EXAMINATION COSTS, IF THE BUYER IS UNABLE TO INSPECT THE HEARING AID AT THE SELLER'S PLACE OF BUSINESS WITHIN FORTY-FIVE DAYS AFTER THE DATE THE SELLER RECEIVES THE DEPOSIT.

Sec. 20. Subdivision (7) of section 20-413 of the general statutes is repealed and the following is substituted in lieu thereof:

(7) The activity and services of hearing [aid dealers] instrument specialists.

Sec. 21. (NEW) (a) As used in this section and subsection (b) of section 20-138b of the general statutes, as amended by this act:

(1) "Health care services" means health care related services or products rendered or sold by a provider within the scope of the provider's license or legal authorization, and includes hospital, medical, surgical, dental, vision and pharmaceutical services or products;

(2) "Person" means an individual, agency, political subdivision, partnership, corporation, limited liability company, association or any other entity;

(3) "Preferred provider network" means an arrangement in which agreements relating to the health care services to be rendered by providers, including the amounts to be paid to the providers for such services, are entered into between such providers and a person who establishes, operates, maintains or underwrites the arrangement, in whole or in part, and includes any provider-sponsored preferred provider network or independent practice association that offers network services, but does not include a workers' compensation preferred provider organization established pursuant to section 31-279-10 of the regulations of Connecticut state agencies or an arrangement relating only to health care services offered by providers to individuals covered under self-insured Employee Welfare Benefit Plans established pursuant to the federal Employee Retirement Income Security Act of 1974, as from time to time amended;

(4) "Provider" means an individual or entity duly licensed or legally authorized to provide health care services; and

(5) "Commissioner" means the Insurance Commissioner.

(b) All preferred provider networks shall file with the commissioner prior to the start of enrollment and shall annually update such filing by July first of each year thereafter. The filing required by such preferred provider network shall include the following information: (1) The identity of any company or organization controlling the operation of the preferred provider network, a description of such company or organization and, where applicable, the following: (A) A certificate from the Secretary of the State regarding the company's or organization's good standing to do business in the state; (B) a copy of the company's or organization's balance sheet at the end of its most recently concluded fiscal year, along with the name and address of any public accounting firm or internal accountant which prepared or assisted in the preparation of such balance sheet; (C) a list of the names, official positions and occupations of members of the company's or organization's board of directors or other policy-making body and of those executive officers who are responsible for the company's or organization's activities with respect to the medical care network; (D) a list of the company's or organization's principal owners; (E) in the case of an out-of-state company or organization, a certificate that such company or organization is in good standing in its state of organization; (F) in the case of a Connecticut or out-of-state company or organization, a report of the details of any suspension, sanction or other disciplinary action relating to such company or organization in this state or in any other state; and (G) the identity, address and current relationship of any related or predecessor company or organization. For purposes of this subparagraph, "related" means that a substantial number of the board or policy-making body members, executive officers or principal owners of both companies are the same; (2) a general description of the preferred provider network and participation in the preferred provider network, including: (A) The geographical service area of and the names of the hospitals included in the preferred provider network; and (B) the primary care physicians, the specialty physicians, any other contracting health care providers and the number and percentage of each group's capacity to accept new patients; and (3) the name and address of the person to whom applications may be made for participation.

(c) Any person developing a preferred provider network, or expanding a preferred provider network into a new county, pursuant to this section and subsection (b) of section 20-138b of the general statutes, as amended by this act, shall publish a notice, in at least one newspaper having a substantial circulation in the service area in which the preferred provider network operates or will operate, indicating such planned development or expansion. Such notice shall include the medical specialties included in the preferred provider network, the name and address of the person to whom applications may be made for participation and a time frame for making application. The preferred provider network shall provide the applicant with written acknowledgment of receipt of the application. Each complete application shall be considered by the preferred provider network in a timely manner.

(d) (1) Each preferred provider network shall file with the commissioner and make available upon request from a provider, the general criteria for its selection or termination of providers. Disclosure shall not be required of criteria deemed by the preferred provider network to be of a proprietary or competitive nature that would hurt the preferred provider network's ability to compete or to manage health services. For purposes of this section, disclosure of criteria is proprietary or anticompetitive if it has the tendency to cause health care providers to alter their practice pattern in a manner that would circumvent efforts to contain health care costs and is proprietary if revealing criteria would cause the preferred provider network's competitors to obtain valuable business information.

(2) If a preferred provider network uses criteria that have not been filed pursuant to subdivision (1) of this subsection to judge the quality and cost-effectiveness of a provider's practice under any specific program within the preferred provider network, the preferred provider network may not reject or terminate the provider participating in that program based upon such criteria until the provider has been informed of the criteria that the provider's practice fails to meet.

(e) A preferred provider network which has a limited network and which does not provide any reimbursement when an enrollee obtains service outside that limited network shall inform each applicant of that fact prior to enrolling the applicant for coverage.

Sec. 22. Subsection (b) of section 20-138b of the general statutes is repealed and the following is substituted in lieu thereof:

(b) If any health care center, as defined in section 38a-175, or preferred provider network, as defined in section [19a-647b] 21 of this act, offers health care benefits which provide ophthalmologic care for any person, partnership, corporation, association or [any] group, however organized, such health care center or preferred provider network shall provide optometric care. If the ophthalmologic care provided may be lawfully rendered by an optometrist, such health care center or preferred provider network shall provide the identical eye care coverage and benefits for its members when such care is rendered by an optometrist under contract with such health care center or preferred provider network. Such health care center or preferred provider network shall (1) contract with ophthalmologists and optometrists in a manner which will provide fair and sufficient representation of such providers in relation to the benefits provided by the health care center plan or preferred provider network, and (2) equally inform its members of the availability of ophthalmologic and optometric services.

Sec. 23. Section 38a-478a of the general statutes is repealed and the following is substituted in lieu thereof:

On March 1, 1999, and annually thereafter, the Insurance Commissioner shall submit a report, to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to public health and relating to insurance, concerning the commissioner's responsibilities under the provisions of sections [19a-647,] 38a-226 to 38a-226d, inclusive, 38a-478 to 38a-478u, inclusive, [and] 38a-993 and section 21 of this act. The report shall include: (1) A summary of the quality assurance plans submitted by managed care organizations pursuant to section 38a-478c along with suggested changes to improve such plans; (2) suggested modifications to the consumer report card developed under the provisions of section 38a-478l; (3) a summary of the commissioner's procedures and activities in conducting market conduct examinations of utilization review companies, including, but not limited to: (A) The number of desk and field audits completed during the previous calendar year; (B) a summary of findings of the desk and field audits, including any recommendations made for improvements or modifications; (C) a description of complaints concerning managed care companies, including a summary and analysis of any trends or similarities found in the managed care complaints filed by enrollees; (4) a summary of the complaints received by the Insurance Department's Consumer Affairs Division and the commissioner under section 38a-478n, including a summary and analysis of any trends or similarities found in the complaints received; (5) a summary of any violations the commissioner has found against any managed care organization; and (6) a summary of the issues discussed related to health care or managed care organizations at the Insurance Department's quarterly forums throughout the state.

Sec. 24. Section 38a-478b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each managed care organization, as defined in section 38a-478, that fails to file the data, reports or information required by sections [19a-647,] 38a-226 to 38a-226d, inclusive, 38a-478 to 38a-478u, inclusive, [and] 38a-993 and section 21 of this act, shall pay a late fee of one hundred dollars per day for each day from the due date of such data, reports or information to the date of filing. Each managed care organization that files incomplete data, reports or information shall be so informed by the commissioner, shall be given a date by which to remedy such incomplete filing and shall pay said late fee commencing from the new due date.

(b) On June 1, 1998, and annually thereafter, the commissioner shall submit, to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to public health and matters relating to insurance, a list of those managed care organizations that have failed to file any data, report or information required by sections [19a-647,] 38a-226 to 38a-226d, inclusive, 38a-478 to 38a-478u, inclusive, [and] 38a-993 and section 21 of this act.

Sec. 25. Section 38a-478t of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Public Health may request and shall receive any data, report or information filed with the Insurance Commissioner pursuant to the provisions of sections [19a-647,] 38a-226 to 38a-226d, inclusive, 38a-478 to 38a-478u, inclusive, [and] 38a-993 and section 21 of this act.

Sec. 26. Section 38a-478u of the general statutes is repealed and the following is substituted in lieu thereof:

The Insurance Commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of sections [19a-647,] 38a-226 to 38a-226d, inclusive, 38a-478 to 38a-478u, inclusive, [and] 38a-993 and section 21 of this act.

Sec. 27. Subsection (a) of section 46b-22 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) All judges and retired judges, either elected or appointed and including federal judges and judges of other states who may legally join persons in marriage in their jurisdictions, family support magistrates, state referees and justices of the peace may join persons in marriage in any town in the state and all ordained or licensed clergymen, belonging to this state or any other state, so long as they continue in the work of the ministry may join persons in marriage. All marriages solemnized according to the forms and usages of any religious denomination in this state, including marriages witnessed by a duly constituted Spiritual Assembly of the Baha'is, are valid. All marriages attempted to be celebrated by any other person are void.

Sec. 28. Subsection (a) of section 19a-320 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any resident of this state, or any corporation formed under the law of this state, may erect, maintain and conduct a crematory in this state and provide the necessary appliances and facilities for the disposal by incineration of the bodies of the dead, in accordance with the provisions of this section. The location of such crematory shall be within the confines of an established cemetery containing not less than twenty acres, which cemetery shall have been in existence and operation for at least five years immediately preceding the time of the erection of such crematory, or shall be within the confines of a plot of land approved for the location of a crematory by the selectmen of any town, the mayor and council or board of aldermen of any city and the warden and burgesses of any borough; provided, in any town, city or borough having a zoning commission, such commission shall have the authority to grant such approval. On and after October 1, 1998, no crematory which is not operating on October 1, 1998, shall be located within five hundred feet of any residential structure or land used for residential purposes not owned by the owner of the crematory. This section shall not apply to any resident of this state or any corporation formed under the law of this state that was issued an air quality permit by the Department of Environmental Protection prior to October 1, 1998.

Sec. 29. Section 19a-490d of the general statutes is repealed and the following is substituted in lieu thereof:

Each health care facility or institution licensed by the Department of Public Health pursuant to this chapter shall, if advised by the federal Occupational Safety and Health Administration, and each health care facility or institution that employs state employees, except the school of dental medicine of The University of Connecticut and the dental clinics of said school until such time as manufacturers have designed and are making needles that have self-contained secondary precautionary type sheathing devices for dental medicine, shall use only injectable equipment having self-contained secondary precautionary type sheathing devices or alternate devices designed to prevent accidental needlestick injuries. The provisions of this section shall not apply to any drug or biologic product that is prepackaged with an administration system or used in a prefilled syringe and is approved for commercial distribution or investigational use by the federal Food and Drug Administration, provided a sharp object injury protection disposal system is in place.

Sec. 30. Subsection (c) of section 20-195bb of the general statutes is repealed and the following is substituted in lieu thereof:

(c) No license as a professional counselor shall be required of the following: (1) A person who furnishes uncompensated assistance in an emergency; (2) a clergyman, priest, minister, rabbi or practitioner of any religious denomination accredited by the religious body to which the person belongs and settled in the work of the ministry, provided the activities that would otherwise require a license as a professional counselor are within the scope of ministerial duties; (3) a sexual assault counselor, as defined in section 52-146k; (4) a person participating in uncompensated group or individual counseling; (5) a person with a master's degree in a health-related or human services-related field employed by a hospital, as defined in subsection (b) of section 19a-490, performing services in accordance with section 20-195aa under the supervision of a person licensed by the state in one of the professions identified in subparagraphs (A) to (F), inclusive, of subdivision (2) of subsection (a) of section 20-195dd; (6) a person licensed or certified by any agency of this state and performing services within the scope of practice for which licensed or certified; [(6)] (7) a student, intern or trainee pursuing a course of study in counseling in a regionally accredited institution of higher education, provided the activities that would otherwise require a license as a professional counselor are performed under supervision and constitute a part of a supervised course of study; [(7)] (8) a person employed by an institution of higher education to provide academic counseling in conjunction with the institution's programs and services; or [(8)] (9) a vocational rehabilitation counselor, job counselor, credit counselor, consumer counselor or any other counselor or psychoanalyst who does not purport to be a counselor whose primary service is the application of established principles of psycho-social development and behavioral science to the evaluation, assessment, analysis and treatment of emotional, behavioral or interpersonal dysfunction or difficulties that interfere with mental health and human development.

Sec. 31. (NEW) No cause of action for civil assault, civil battery, invasion of privacy or failure to obtain informed consent shall arise against any acute care general hospital licensed under chapter 368v of the general statutes or any other health care provider or person responsible for administering an HIV-related test, or causing such test to be administered, as required by section 19a-55 or 19a-593 of the general statutes, on the basis that such HIV-related test was administered without the consent of the patient or the patient's parent or guardian. Nothing in this section shall be construed to: (1) Relieve any person or entity from liability for (A) negligence in administering such HIV-related test, (B) negligence in the reporting or distribution of the results of such HIV-related test, (C) negligence related to the provision of any counseling about a patient's decision whether to obtain treatment as a result of such HIV-related test, or (D) negligence in the treatment of a patient; or (2) eliminate or limit any defense to any cause of action that is or may be alleged against such hospital, health care provider or person responsible for administering such HIV-related test or causing such test to be administered.

Sec. 32. Notwithstanding the provisions of subsection (a) of section 20-195c of the general statutes, during the period commencing on the effective date of this section and ending thirty days after said effective date, an applicant for licensure as a marital and family therapist under chapter 383a of the general statutes, in lieu of the requirements for having completed a graduate degree specializing in marital and family therapy and having completed a minimum of twelve months of a supervised practicum or internship supervised by the program granting the requisite degree or by an accredited postgraduate clinical training program approved by the Commission on Accreditation for Marriage and Family Therapy Education, may submit evidence satisfactory to the Commissioner of Public Health of: (1) Having earned a master's degree in counseling and guidance prior to 1980; (2) having passed the licensing examination for marital and family therapy prior to 2000; (3) current licensure as a marital and family therapist in another state; (4) current clinical membership in the American Association of Marriage and Family Therapy; and (5) having no disciplinary history.

Sec. 33. Notwithstanding the provisions of subsection (b) of section 20-206bb of the general statutes, during the period commencing on the effective date of this section and ending thirty days after said effective date, the Department of Public Health shall issue a license as an acupuncturist under chapter 384c of the general statutes to any applicant who presents to the department satisfactory evidence that the applicant has: (1) Passed the National Commission for the Certification of Acupuncturists written examination by test or by credentials review; (2) successfully completed the practical examination of point location skills offered by the National Commission for the Certification of Acupuncturists; and (3) successfully completed the Clean Needle Technique Course offered by the Council of Colleges of Acupuncture and Oriental Medicine.

Sec. 34. (a) Notwithstanding the provisions of subsection (a) of section 20-195dd of the general statutes, during the period commencing on the effective date of this section and ending thirty days after said effective date, an applicant for licensure as a professional counselor under chapter 383c of the general statutes, in lieu of the requirements for having completed sixty graduate semester hours in or related to the field of professional counseling and having earned a master's degree of at least forty-two graduate semester hours, may submit evidence satisfactory to the Commissioner of Public Health of: (1) Having earned a master's degree in counselor education prior to 1980; (2) having practiced professional counseling for a minimum of ten years immediately preceding the date of application; (3) current certification by the American Nurses Association as a psychiatric nurse; and (4) having passed the national clinical mental health counseling examination.

(b) Notwithstanding the provisions of subsection (a) of section 20-195dd of the general statutes, during the period commencing on the effective date of this section and ending thirty days after said effective date, an applicant for licensure as a professional counselor under chapter 383c of the general statutes, in lieu of the requirements set forth in said subsection, may submit evidence satisfactory to the Commissioner of Public Health of having: (1) Earned a master's degree in school psychology from a regionally accredited institution of higher education; (2) worked as a professional counselor for a minimum of ten years immediately preceding the date of application; and (3) passed an examination prescribed by the commissioner.

Sec. 35. (a) Notwithstanding the provisions of subsection (b) of section 20-27 of the general statutes, during the period commencing on the effective date of this section and ending thirty days after said effective date, the Department of Public Health shall issue a license to practice chiropractic under chapter 372 of the general statutes to any applicant who presents to the department satisfactory evidence that the applicant: (1) Has graduated from an accredited school of chiropractic approved by the State Board of Chiropractic Examiners with the consent of the department; (2) has successfully completed parts 1, 2 and 3 and the physiotherapy portion of the National Board of Chiropractic Examiners examination; (3) holds current licensure as a chiropractor in another state and has no disciplinary history; and (4) has practiced chiropractic for not less than twenty years, at least one of which was within the previous two years.

(b) Any individual who is granted a license pursuant to subsection (a) of this section shall successfully complete the practical examination required by subsection (a) of section 20-28 of the general statutes prior to the expiration date such license. If such examination is not successfully completed by such date, the individual shall not be eligible for renewal of such license.

Sec. 36. Public act 01-94 shall take effect from its passage.

Sec. 37. Section 52-557b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person licensed to practice medicine and surgery under the provisions of chapter 370 or dentistry under the provisions of section 20-106 or members of the same professions licensed to practice in any other state of the United States, a person licensed as a registered nurse under section 20-93 or 20-94 or certified as a licensed practical nurse under section 20-96 or 20-97, a medical technician or any person operating a cardiopulmonary resuscitator or a person trained in cardiopulmonary resuscitation or in the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association, who, voluntarily and gratuitously and other than in the ordinary course of such person's employment or practice, renders emergency medical or professional assistance to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in rendering the emergency care, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence. For the purposes of this subsection, "automatic external defibrillator" means a device that: (1) Is used to administer an electric shock through the chest wall to the heart; (2) contains internal decision-making electronics, microcomputers or special software that allows it to interpret physiologic signals, make medical diagnosis and, if necessary, apply therapy; (3) guides the user through the process of using the device by audible or visual prompts; and (4) does not require the user to employ any discretion or judgment in its use.

(b) A paid or volunteer [fireman or policeman] firefighter or police officer, a teacher or other school personnel on the school grounds or in the school building or at a school function, a member of a ski patrol, a lifeguard, a conservation officer, [patrolman] patrol officer or special [policeman] police officer of the Department of Environmental Protection, or [ambulance] emergency medical service personnel, who has completed a course in first aid offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health, as certified by the agency or director of health offering the course, and who renders emergency first aid to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in rendering the emergency first aid, which may constitute ordinary negligence. No paid or volunteer [fireman, policeman or ambulance] firefighter, police officer or emergency medical service personnel who forcibly enters the residence of any person in order to render emergency first aid to a person whom such [fireman, policeman or ambulance] firefighter, police officer or emergency medical service personnel reasonably believes to be in need thereof shall be liable to such person for civil damages incurred as a result of such entry. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.

(c) An employee of a railroad company, including any company operating a commuter rail line, who has successfully completed a course in first aid, offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health, as certified by the agency or director of health offering the course, and who renders emergency first aid or cardiopulmonary resuscitation to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injury or death which results from acts or omissions by such employee in rendering the emergency first aid or cardiopulmonary resuscitation which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.

(d) A railroad company, including any commuter rail line, which provides emergency medical training or equipment to any employee granted immunity pursuant to subsection (c) of this section shall not be liable for civil damages for any injury sustained by a person or for the death of a person which results from the company's acts or omissions in providing such training or equipment or which results from acts or omissions by such employee in rendering emergency first aid or cardiopulmonary resuscitation, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.

(e) A teacher or other school personnel, on the school grounds or in the school building or at a school function, who has completed both a course in first aid in accordance with subsection (b) of this section and a course given by the medical advisor of the school or by a licensed physician in the administration of medication by injection, who renders emergency care by administration of medication by injection to a person in need thereof, shall not be liable to the person assisted for civil damages for any injuries which result from acts or omissions by the person in rendering the emergency care of administration of medication by injection, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.

(f) The provisions of this section shall not be construed to require any teacher or other school personnel to render emergency first aid or administer medication by injection.

Sec. 38. (NEW) A paid or volunteer firefighter or police officer, a member of a ski patrol, a lifeguard, a conservation officer, patrol officer or special police officer of the Department of Environmental Protection or emergency medical service personnel who has been trained in the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association shall not be subject to additional requirements, except recertification requirements, in order to use an automatic external defibrillator.

Sec. 39. (NEW) The Commissioner of Health Care Access shall adopt regulations, in accordance with chapter 54 of the general statutes, to establish uniform debt collection standards for hospitals.

Sec. 40. Subsection (c) of section 4-28f of the general statutes is repealed and the following is substituted in lieu thereof:

(c) The trust fund shall be administered by a board of trustees which shall consist of seventeen trustees. The appointment of the initial trustees shall be as follows: (1) The Governor shall appoint four trustees, one of whom shall serve for a term of one year from July 1, 2000, two of whom shall serve for a term of two years from July 1, 2000, and one of whom shall serve for a term of three years from July 1, 2000; (2) the speaker of the House of Representatives and the president pro tempore of the Senate each shall appoint two trustees, one of whom shall serve for a term of two years from July 1, 2000, and one of whom shall serve for a term of three years from July 1, 2000; (3) the majority leader of the House of Representatives and the majority leader of the Senate each shall appoint two trustees, one of whom shall serve for a term of one year from July 1, 2000, and one of whom shall serve for a term of three years from July 1, 2000; (4) the minority leader of the House of Representatives and the minority leader of the Senate each shall appoint two trustees, one of whom shall serve for a term of one year from July 1, 2000, and one of whom shall serve for a term of two years from July 1, 2000; and (5) the Secretary of the Office of Policy and Management, or the secretary's designee, as an ex-officio voting member. Following the expiration of such initial terms, subsequent trustees shall serve for a term of three years. The trustees shall serve without compensation except for reimbursement for necessary expenses incurred in performing their duties. The board of trustees shall establish rules of procedure for the conduct of its business which shall include, but not be limited to, criteria, processes and procedures to be used in selecting programs to receive money from the trust fund. The trust fund shall be within the Office of Policy and Management for administrative purposes only. The board of trustees shall meet not less than bimonthly and, not later than January first of each year, shall submit a report of their activities and accomplishments to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies, in accordance with section 11-4a. Such report shall be approved by each trustee.

Sec. 41. Section 10-206 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each local or regional board of education shall require each pupil enrolled in the public schools to have health assessments pursuant to the provisions of this section. Such assessments shall be conducted by a legally qualified practitioner of medicine, a licensed natureopath, a person licensed to practice chiropractic, an advanced practice registered nurse or registered nurse, licensed pursuant to chapter 378, a physician assistant, licensed pursuant to chapter 370, or by the school medical advisor to ascertain whether such pupil is suffering from any physical disability tending to prevent such pupil from receiving the full benefit of school work and to ascertain whether such school work should be modified in order to prevent injury to the pupil or to secure for the pupil a suitable program of education. No health assessment shall be made of any child enrolled in the public schools unless such examination is made in the presence of the parent or guardian or in the presence of another school employee. The parent or guardian of such child shall receive prior written notice and shall have a reasonable opportunity to be present at such assessment or to provide for such assessment himself or herself. A local or regional board of education may deny continued attendance in public school to any child who fails to obtain the health assessments required under this section.

(b) Each local or regional board of education shall require each child to have a health assessment prior to public school enrollment. The assessment shall include: (1) A physical examination which shall include hematocrit or hemoglobin tests, height, weight, [and] blood pressure, and, beginning with the 2003-2004 school year, a chronic disease assessment which shall include, but not be limited to, asthma as defined by the Commissioner of Public Health pursuant to subsection (c) of section 19a-62a, as amended by this act. The assessment form shall include (A) a check box for the provider conducting the assessment, as provided in subsection (a) of this section, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider; (2) an updating of immunizations as required under section 10-204a, provided a registered nurse may only update said immunizations pursuant to a written order by a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378; (3) vision, hearing, speech and gross dental screenings; and (4) such other information, including health and developmental history, as the physician feels is necessary and appropriate. The assessment shall also include tests for tuberculosis, sickle cell anemia or Cooley's anemia and tests for lead levels in the blood where the local or regional board of education determines after consultation with the school medical advisor and the local health department, or in the case of a regional board of education, each local health department, that such tests are necessary, provided a registered nurse may only perform said tests pursuant to the written order of a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378.

(c) Each local or regional board of education shall require each pupil enrolled in the public schools to have health assessments in either grade six or grade seven and in either grade ten or grade eleven. The assessment shall include: (1) A physical examination which shall include hematocrit or hemoglobin tests, height, weight, [and] blood pressure, and, beginning with the 2003-2004 school year, a chronic disease assessment which shall include, but not be limited to, asthma as defined by the Commissioner of Public Health pursuant to subsection (c) of section 19a-62a, as amended by this act. The assessment form shall include (A) a check box for the provider conducting the assessment, as provided in subsection (a) of this section, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider; (2) an updating of immunizations as required under section 10-204a, provided a registered nurse may only update said immunizations pursuant to a written order of a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378; (3) vision, hearing, postural and gross dental screenings; and (4) such other information including a health history as the physician feels is necessary and appropriate. The assessment shall also include tests for tuberculosis and sickle cell anemia or Cooley's anemia where the local or regional board of education, in consultation with the school medical advisor and the local health department, or in the case of a regional board of education, each local health department, determines that said screening or test is necessary, provided a registered nurse may only perform said tests pursuant to the written order of a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378.

(d) The results of each assessment done pursuant to this section and the results of screenings done pursuant to section 10-214 shall be recorded on forms supplied by the State Board of Education. Such information shall be included in the cumulative health record of each pupil and shall be kept on file in the school such pupil attends. If a pupil permanently leaves the jurisdiction of the board of education, the pupil's original cumulative health record shall be sent to the chief administrative officer of the school district to which such student moves. The board of education transmitting such health record shall retain a true copy. Each physician, advanced practice registered nurse, registered nurse, or physician assistant performing health assessments and screenings pursuant to this section and section 10-214 shall sign each form and any recommendations concerning the pupil shall be in writing.

(e) Appropriate school health personnel shall review the results of each assessment and screening as recorded pursuant to subsection (d) of this section. When, in the judgment of such health personnel, a pupil, as defined in section 10-206a, is in need of further testing or treatment, the superintendent of schools shall give written notice to the parent or guardian of such pupil and shall make reasonable efforts to assure that such further testing or treatment is provided. Such reasonable efforts shall include a determination of whether or not the parent or guardian has obtained the necessary testing or treatment for the pupil, and, if not, advising the parent or guardian on how such testing or treatment may be obtained. The results of such further testing or treatment shall be recorded pursuant to subsection (d) of this section, and shall be reviewed by school health personnel pursuant to this subsection.

(f) On and after February 1, 2004, each local or regional board of education shall report, on an annual basis, the total number of pupils per school and per school district having a diagnosis of asthma recorded on such health assessment forms to the local health department and the Department of Public Health. The report shall contain the asthma information collected as required under subsections (b) and (c) of this section and shall include pupil age, gender, race, ethnicity and school. Beginning on October 1, 2004, and every three years thereafter, the Department of Public Health shall review the asthma screening information reported pursuant to this section and shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to public health and education concerning asthma trends and distributions among pupils enrolled in the public schools. The report shall be submitted in accordance with the provisions of section 11-4a and shall include, but not be limited to, trends and findings based on pupil age, gender, race, ethnicity, school and the education reference group, as determined by the Department of Education for the town or regional school district in which such school is located.

Sec. 42. Section 19a-62a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) (1) Within available appropriations, the Commissioner of Public Health, in consultation with the Commissioner of Social Services, shall establish a pilot program for the early identification and treatment of pediatric asthma. The Commissioner of Public Health shall make grants-in-aid under the pilot program for projects to be established in two municipalities to identify, screen and refer children with asthma for treatment. Such projects shall work cooperatively with providers of maternal and child health, including, but not limited to, local health departments, community health centers, Healthy Start and Healthy Families, to target children who were born prematurely, premature infants or pregnant women at risk of premature delivery for early identification of asthma. Such projects may utilize private resources through public-private partnerships to establish a public awareness program and innovative outreach initiatives targeting urban areas to encourage early screening of children at risk of asthma.

[(b)] (2) The Commissioner of Public Health shall evaluate the pilot program established under this [section] subsection and shall submit a report of the commissioner's findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services and appropriations and the budgets of state agencies, not later than October 1, 2001, in accordance with the provisions of section 11-4a.

(b) Not later than January 1, 2003, the Commissioner of Public Health shall establish and maintain a system of monitoring asthma. Such system shall include, but not be limited to, annual surveys of asthma in schools and reports of asthma visits and the number of persons having asthma as voluntarily reported by health care providers. The monitoring system may include reports of the number of persons having asthma medication prescriptions filled by pharmacies in this state. Such system shall be used by the commissioner in estimating the annual incidence and distribution of asthma in the state, including, but not limited to, such incidence and distribution based on age and gender and among ethnic, racial and cultural populations and on school enrollment and the education reference group, as determined by the Department of Education, for the town or regional school district in which the student's school is located.

(c) The Commissioner of Public Health, in consultation with local directors of health, shall establish a comprehensive state-wide asthma plan. Not later than October 1, 2002, the commissioner shall develop a model case definition of asthma for purposes of asthma diagnosis and monitoring.

(d) Not later than October 1, 2003, and annually thereafter, the commissioner shall submit a report of the status and results of the monitoring system established under subsection (b) of this section and the state-wide asthma plan established under subsection (c) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a.

Sec. 43. Subdivision (15) of section 38a-816 of the general statutes, as amended by public act 01-111, is repealed and the following is substituted in lieu thereof:

(15) (A) Failure by an insurer, or any other entity responsible for providing payment to a health care provider pursuant to an insurance policy, to pay accident and health claims, including, but not limited to, claims for payment or reimbursement to health care providers, within the time periods set forth in subparagraph (B) of this subdivision, unless the Insurance Commissioner determines that a legitimate dispute exists as to coverage, liability or damages or that the claimant has fraudulently caused or contributed to the loss. Any insurer, or any other entity responsible for providing payment to a health care provider pursuant to an insurance policy, who fails to pay such a claim or request within the time periods set forth in subparagraph (B) of this subdivision shall pay the claimant or health care provider the amount of such claim plus interest at the rate of fifteen per cent per annum, in addition to any other penalties which may be imposed pursuant to sections 38a-11, 38a-25, 38a-41 to 38a-53, inclusive, 38a-57 to 38a-60, inclusive, 38a-62 to 38a-64, inclusive, 38a-76, 38a-83, 38a-84, 38a-117 to 38a-124, inclusive, 38a-129 to 38a-140, inclusive, 38a-146 to 38a-155, inclusive, 38a-283, 38a-288 to 38a-290, inclusive, 38a-319, 38a-320, 38a-459, 38a-464, 38a-815 to 38a-819, inclusive, 38a-824 to 38a-826, inclusive, and 38a-828 to 38a-830, inclusive. Whenever the interest due a claimant or health care provider pursuant to this section is less than one dollar, the insurer shall deposit such amount in a separate interest-bearing account in which all such amounts shall be deposited. At the end of each calendar year each such insurer shall donate such amount to The University of Connecticut Health Center.

(B) Each insurer, or other entity responsible for providing payment to a health care provider pursuant to an insurance policy subject to this section, shall pay claims not later than forty-five days after receipt by the insurer of the claimant's proof of loss form or the health care provider's request for payment filed in accordance with the insurer's practices or procedures, except that when there is a deficiency in the information needed for processing a claim, the insurer shall (i) send written notice to the claimant or health care provider, as the case may be, of all alleged deficiencies in information needed for processing a claim not later than thirty days after the insurer receives a claim for payment or reimbursement under the contract, and (ii) pay claims for payment or reimbursement under the contract not later than thirty days after the insurer receives the information requested.

(C) As used in this subdivision, "health care provider" means a person licensed to provide health care services under chapter 368v, chapters 370 to 373, inclusive, 375 to 383c, inclusive, 384a to 384c, inclusive, or chapter 400j.

Sec. 44. (NEW) (a) As used in this section:

(1) "Salon" includes any shop, store, day spa or other commercial establishment at which the practice of barbering, as described in section 20-234 of the general statutes, hairdressing and cosmetology, as defined in section 20-250 of the general statutes, or the services of a nail technician, or any combination thereof, is offered and provided; and

(2) "Nail technician" means a person who, for compensation, cuts, shapes, polishes or enhances the appearance of the nails of the hands or feet, including, but not limited to, the application and removal of sculptured or artificial nails.

(b) The director of health for any town, city, borough or district department of health, or the director's authorized representative, shall, on an annual basis, inspect all salons within the director's jurisdiction regarding their sanitary condition. The director of health, or the director's authorized representative, shall have full power to enter and inspect any such salon during usual business hours. If any salon, upon such inspection, is found to be in an unsanitary condition, the director of health shall make written order that such salon be placed in a sanitary condition. The director of health may collect from the operator of any such salon a reasonable fee, not to exceed one hundred dollars, for the cost of conducting any annual inspection of such salon pursuant to this section. Notwithstanding any municipal charter, home rule ordinance or special act, any fee collected by the director of health pursuant to this section shall be used by the town, city, borough or district department of health for conducting inspections pursuant to this section.

Sec. 45. (NEW) Any licensed residential treatment facility that provides adult mental health or substance abuse treatment services, or both, and receives state funds for the provision of such services shall prepare a discharge plan, including housing referrals, for each client receiving such services prior to such client's release from such residential treatment facility. The Commissioner of Mental Health and Addiction Services may adopt regulations, in accordance with chapter 54 of the general statutes, to carry out the provisions of this section.

Sec. 46. Section 19a-7d of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Public Health may establish, within available appropriations, a program to provide three-year grants to community-based providers of primary care services in order to expand access to health care for the uninsured. The grants may be awarded to community-based providers of primary care for (1) funding for direct services, (2) recruitment and retention of primary care clinicians and registered nurses through subsidizing of salaries or through a loan repayment program, and (3) capital expenditures. The community-based providers of primary care under the direct service program shall provide, or arrange access to, primary and preventive services, referrals to specialty services, including rehabilitative and mental health services, inpatient care, prescription drugs, basic diagnostic laboratory services, health education and outreach to alert people to the availability of services. Primary care clinicians and registered nurses participating in the state loan repayment program or receiving subsidies shall provide services to the uninsured based on a sliding fee schedule, provide free care if necessary, accept Medicare assignment and participate as a Medicaid provider. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish eligibility criteria, services to be provided by participants, the sliding fee schedule, reporting requirements and the loan repayment program. For the purposes of this section, "primary care clinicians" includes family practice physicians, general practice osteopaths, obstetricians and gynecologists, internal medicine physicians, pediatricians, dentists, certified nurse midwives, [nurse practitioners and] advanced practice registered nurses, physician assistants and dental hygienists.

(b) Funds appropriated for the state loan repayment program shall not lapse until fifteen months following the end of the fiscal year for which such funds were appropriated.

Sec. 47. Subsection (a) of section 17a-215a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is established an Advisory Commission on Services and Supports for Persons With Developmental Disabilities. The commission shall consist of: (1) One member appointed by the speaker of the House of Representatives and one member appointed by the president pro tempore of the Senate, who shall be members of the General Assembly; (2) one member appointed by the minority leader of the House of Representatives and one member appointed by the minority leader of the Senate, who shall be members of the General Assembly; (3) a representative of the Governor; (4) the Secretary of the Office of Policy and Management, or the secretary's designee; (5) the Commissioner of Mental Retardation, or the commissioner's designee; (6) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (7) the Commissioner of Children and Families, or the commissioner's designee; (8) the Commissioner of Social Services, or the commissioner's designee; (9) the Commissioner of Education, or the commissioner's designee; (10) the director of the Office of Protection and Advocacy for Persons with Disabilities, or the director's designee; (11) the director of the Council on Developmental Disabilities established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act, as from time to time amended, or the director's designee; (12) the director of the Bureau of Rehabilitation Services of the Department of Social Services, or the director's designee; and [(10)] (13) sixteen persons who shall be individuals with developmental disabilities who do not have a condition defined as mental retardation pursuant to section 1-1g, representatives of providers of services to such individuals, or members of the families of or advocates for such individuals, three of whom shall be appointed by the speaker of the House of Representatives, three of whom shall be appointed by the president pro tempore of the Senate, three of whom shall be appointed by the minority leader of the House of Representatives, three of whom shall be appointed by the minority leader of the Senate, and four of whom shall be appointed by the Governor.

Sec. 48. Subsection (a) of section 19a-79 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to [further] carry out the purposes of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, and to assure that child day care centers and group day care homes shall meet the health, educational and social needs of children utilizing such child day care centers and group day care homes. Such regulations shall (1) specify that before being permitted to attend any child day care center or group day care home, each child [must] shall be protected as age-appropriate by adequate immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, hemophilus influenzae type B and any other vaccine required by the schedule of active immunization adopted pursuant to section 19a-7f, including appropriate exemptions for children for whom such immunization is medically contraindicated and for children whose parents object to such immunization on religious grounds, (2) specify conditions under which child day care center directors and teachers and group day care home providers may administer tests to monitor glucose levels in a child with diagnosed diabetes mellitus, and administer medicinal preparations, including controlled drugs specified in the regulations by the commissioner, to a child receiving child day care services at such child day care center or group day care home pursuant to the written order of a physician licensed to practice medicine or a dentist licensed to practice dental medicine in this or another state, or an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or a physician assistant licensed to prescribe in accordance with section 20-12d, and the written authorization of a parent or guardian of such child, (3) specify that an operator of a child day care center or group day care home, licensed before January 1, 1986, or an operator who receives a license after January 1, 1986, for a facility licensed prior to January 1, 1986, shall provide a minimum of thirty square feet per child of total indoor usable space, free of furniture except that needed for the children's purposes, exclusive of toilet rooms, bathrooms, coatrooms, kitchens, halls, isolation room or other rooms used for purposes other than the activities of the children, [and] (4) specify that a child day care center or group day care home licensed after January 1, 1986, shall provide thirty-five square feet per child of total indoor usable space, and (5) establish appropriate child day care center staffing requirements for employees certified in cardiopulmonary resuscitation by the American Red Cross or the American Heart Association.

Sec. 49. Subsection (f) of section 20-206b of the general statutes is repealed and the following is substituted in lieu thereof:

(f) Notwithstanding the provisions of subsection (a) of this section, the commissioner may issue a license to an out-of-state applicant who submits evidence satisfactory to the commissioner of either: (1) [a] (A) A current license to practice therapeutic massage from another state or jurisdiction, [(2)] (B) documentation of practice for at least one year immediately preceding application, and [(3)] (C) successful completion of the National Certification Examination for Therapeutic Massage and Bodywork; or (2) (A) graduation from a school of massage therapy offering a course of study of not less than five hundred classroom hours, with the instructor present, and, at the time of the applicant's graduation, was either (i) accredited by an agency recognized by the United States Department of Education or by a state board of postsecondary technical trade and business schools, or (ii) accredited by the Commission on Massage Therapy Accreditation, and (B) successful completion of the National Certification Examination for Therapeutic Massage and Bodywork.

Sec. 50. Not later than February 1, 2002, the Commissioner of Public Health, in consultation with each municipal and district director of health, shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies, in accordance with section 11-4a of the general statutes, concerning the current and ongoing activities of the Department of Public Health and each municipal and district department of health with respect to the promotion of the public health within their respective jurisdictions. Such report shall include, but not be limited to, any plans by the commissioner or such directors of health for the adoption of national health standards, including standards recommended by the National Centers for Disease Control.

Sec. 51. Subdivision (9) of section 19a-177 of the general statutes is repealed and the following is substituted in lieu thereof:

(9) (A) Establish rates for the conveyance of patients by licensed ambulance services and invalid coaches and establish emergency service rates for certified ambulance services, provided (i) the present rates established for such services and vehicles shall remain in effect until such time as the commissioner establishes a new rate schedule as provided in this subdivision, and (ii) any rate increase not in excess of the National Health Care Inflation Rate Index, as published by the Bureau of Labor Statistics of the United States Department of Labor, for the prior year, filed in accordance with subparagraph (B)(iii) of this subdivision shall be deemed approved by the commissioner; and (B) adopt regulations, in accordance with the provisions of chapter 54, establishing methods for setting rates and conditions for charging such rates. Such regulations shall include, but not be limited to, provisions requiring that on and after July 1, 2000: (i) Requests for rate increases may be filed no more frequently than once a year; (ii) only licensed ambulance services and certified ambulance services that apply for a rate increase in excess of the National Health Care Inflation Index, as published by the Bureau of Labor Statistics of the United States Department of Labor, for the prior year, and do not accept the maximum allowable rates contained in any voluntary state-wide rate schedule established by the commissioner for the rate application year shall be required to file detailed financial information with the commissioner, provided any hearing that the commissioner may hold concerning such application shall be conducted as a contested case in accordance with chapter 54; (iii) licensed ambulance services and certified ambulance services that do not apply for a rate increase in any year in excess of the National Health Care Inflation Index, as published by the Bureau of Labor Statistics of the United States Department of Labor, for the prior year, or that accept the maximum allowable rates contained in any voluntary state-wide rate schedule established by the commissioner for the rate application year shall, not later than July fifteenth of such year, file with the commissioner either an audited financial statement or an accountant's review report pertaining to the most recently completed fiscal year of the licensed ambulance service or certified ambulance service, including total revenue and total expenses, a statement of emergency and nonemergency call volume, and, in the case of a licensed ambulance service or certified ambulance service that is not applying for a rate increase, a written declaration by such licensed ambulance service or certified ambulance service that no change in its currently approved maximum allowable rates will occur for the rate application year; and (iv) detailed financial and operational information filed by licensed ambulance services and certified ambulance services to support a request for a rate increase in excess of the National Health Care Inflation Index, as published by the Bureau of Labor Statistics of the United States Department of Labor, for the prior year, shall cover the time period pertaining to the most recently completed fiscal year and the rate application year of the licensed ambulance service or certified ambulance service.

Sec. 52. Section 1 of public act 01-154 is repealed and the following is substituted in lieu thereof:

(a) Notwithstanding any provision of the general statutes concerning the sale, lease or transfer of real property by or on behalf of the state, during the period commencing on the effective date of this act and ending on the date that is three years from the effective date of this act or on the date on which the General Assembly approves a plan that shall be developed by the Department of Mental Retardation for the elimination of all emergency and priority one waiting list categories of the department and a plan that shall be developed by the Department of Mental Health and Addiction Services to meet the needs identified in the report of the Governor's Blue Ribbon Commission on Mental Health, whichever date is earlier, no state-owned real property that is being used or has been used within the previous ten years for residential purposes by persons with mental retardation or psychiatric disabilities may be sold, leased or transferred by or on behalf of the state, except that such property may be (1) leased if the property continues to be used for the same purpose, or (2) transferred to the Department of Mental Retardation or to the Department of Mental Health and Addiction Services for the purposes of this section.

(b) Subsection (a) of this section shall only apply to any state-operated community-based residential facility, boarding house, group home or halfway house meeting the criteria set forth in subsection (a) of this section and occupied by persons with mental retardation, persons with psychiatric disabilities, alcohol-dependent persons or drug-dependent persons.

Sec. 53. (NEW) The provisions of section 22a-19a of the general statutes shall not apply to any property or structure, or any portion thereof, that was first listed on the state register of historic places during the month of March, 2001, if (1) the owner of such property or structure delivers or has delivered to the director of the Connecticut Historical Commission and to the State Historic Preservation Officer a written and notarized objection to the listing of such property or structure on the National Register of Historic Places that certifies the person's ownership of such property or structure, and (2) such objection has not been withdrawn or rescinded by the owner's written and notarized notice of withdrawal or rescission of objection.

Sec. 54. Subsection (b) of section 22a-1f of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Evaluations required by section 22a-1b shall not be required for the Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55, and the extension of such project otherwise known as the Connecticut River Interceptor Sewer Project, or a project, as defined in subdivision (16) of section 10a-109c, which involves the conversion of an existing structure for educational rather than office or commercial use.

Sec. 55. Section 18 of public act 00-135 is repealed.

Sec. 56. Sections 20-266a to 20-266f, inclusive, of the general statutes are repealed.

Sec. 57. Section 19a-647 of the general statutes is repealed.

Sec. 58. This act shall take effect July 1, 2001, except that sections 16 to 18, inclusive, 21 to 26, inclusive, 37, 38, 42 to 48, inclusive, and 57 shall take effect October 1, 2001, sections 3 and 5 shall take effect the later of July 1, 2001, or the effective date of public act 00-226, and section 41 shall take effect July 1, 2002.

Approved July 2, 2001