Sec. 17a-676. (Formerly Sec. 19a-4c). Applications for funds to the department by nonprofit organizations or municipal departments or units. Any nonprofit
organization in Connecticut or any municipal department or unit which offers or proposes to offer education services, prevention services, public information, community
intervention, employees' assistance, training or job development services to alcohol-dependent or drug-dependent persons in the state or treatment or rehabilitation services
to such persons either as part of comprehensive community-based services on alcohol
dependence or drug dependence or as part of a narcotic addiction treatment center in
an area of high incidence of drug addiction, may apply to the Department of Mental
Health and Addiction Services for state and federal funds to establish, expand or maintain such services. The department may accept requests for funds from any nonprofit
organization in Connecticut or any municipal department or unit which offers or proposes to offer the above services, and such services may be funded if they meet the
requirements of the department and are in conformance with the state plans concerning
alcohol and drug abuse. In the case of treatment or rehabilitation services, the department
may accept requests for funds from such organizations, departments or units which offer
or propose to offer certain selected services on a demonstration or research basis or
which propose services contributing to alcohol and drug dependence services, and such
services may be funded in whole or in part if they meet such requirements as the department shall specify by regulation. The application for funds shall be made on forms
provided by the department and shall be accompanied by (1) a definition of the area to
be served; (2) a plan setting forth the means by which the applicant proposes to coordinate its activities with those of other local agencies presently supplying such services;
(3) a description of the services to be provided and the methods through which such
services will be provided; and (4) an indication of the methods that will be employed
to effect a balance in the use of state and local resources so as to foster local initiative,
responsibility and participation. Upon approval of any such application, the department
shall grant such funds within available appropriations for any fiscal year. No funds
authorized by this section shall be used for the construction or renovation of buildings.
The department may adopt regulations, in accordance with the provisions of chapter
54, concerning minimum standards for eligibility to receive such state funds.
(P.A. 93-381, S. 7, 39; P.A. 95-257, S. 5, 58.)
History: P.A. 93-381 effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995;
Sec. 19a-4c transferred to Sec. 17a-676 in 1997.
Sec. 17a-677. (Formerly Sec. 19a-5a). Operation or funding of alcohol and
drug abuse treatment facility. Section 17a-677 is repealed, effective October 1, 1999.
(P.A. 86-371, S. 37, 45; P.A. 90-209, S. 14; P.A. 93-381, S. 21, 39; P.A. 95-257, S. 5, 11, 58; P.A. 99-234, S. 13.)
Sec. 17a-678. (Formerly Sec. 19a-5b). Programs and facilities exempt from
certificate of need requirement. (a) Notwithstanding the provisions of sections 19a-638 and 19a-639, (1) a community agency operating a program in a state institution or
facility, (2) a nonprofit community agency operating a program, identified as closing a
service delivery system gap in the state-wide service delivery plan, in a state institution
or facility, and receiving funds from the Department of Mental Health and Addiction
Services, or (3) a nonprofit substance abuse treatment facility, identified as closing a
service delivery system gap in the state-wide service delivery plan and receiving funds
from the department, shall not be required to obtain a certificate of need from the Office
of Health Care Access.
(b) Nothing in subsection (a) of this section shall be construed as creating a certificate of need exemption for the relocation or termination of services.
(P.A. 89-390, S. 14, 15, 37; P.A. 90-261, S. 11, 19; P.A. 93-381, S. 25, 39; P.A. 95-257, S. 5, 39, 58; P.A. 98-150, S.
16, 17.)
History: P.A. 90-261 amended Subsec. (d) to add Subdiv. (3) re the exemption of a nonprofit substance abuse treatment
facility from the requirement of obtaining a certificate of need; P.A. 93-381 replaced Connecticut alcohol and drug abuse
commission with department of public health and addiction services and deleted Subsecs. (a), (b), (c) and (e) re use of
surplus institutions or facilities for alcohol and drug abuse treatment programs, effective July 1, 1993; Sec. 17a-646
transferred to Sec. 19a-5b in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Mental Health and Addiction Services and replaced Commission on
Hospitals and Health Care with Office of Health Care Access, effective July 1, 1995; Sec. 19a-5b transferred to Sec. 17a-678 in 1997; P.A. 98-150 added Subsec. (b) re construction of Subsec. (a), effective June 5, 1998.
Sec. 17a-679. (Formerly Sec. 19a-2g). Expenses for necessary transportation
of alcohol-dependent persons for admission to a treatment facility. (a) The Department of Mental Health and Addiction Services may, within available appropriations,
pay the expenses of necessary transportation for any alcohol-dependent person admitted
to a treatment facility pursuant to the provisions of section 17a-682 or 17a-684 or to
any program funded by the department pursuant to section 17a-675, provided such program has given prior approval to the transportation provider and so certifies to the department, or for any person intoxicated by alcohol transported to a hospital for treatment,
which expenses are certified by such hospital to the department, unless the Department
of Administrative Services determines after investigation that such person is able to
pay. The department may pay such expense pending the investigation provided if the
department determines that the person is able to pay, the transportation provider shall
reimburse the department. The department shall not pay expenses for the transport of
any person who is able to pay, has private insurance, or is receiving Title XIX Medicaid
benefits that cover the transportation services provided.
(b) The Office of Emergency Medical Services within the Department of Public
Health shall be responsible for developing and implementing dispatch and field triage
protocols to provide a mechanism for local response systems to utilize the least costly
most appropriate form of transport for alcohol-dependent persons. Such dispatch and
field protocols shall be developed on or before January 1, 1995.
(c) The department may adopt regulations, in accordance with provisions of chapter
54, concerning the payment of transportation expenses under this section.
(P.A. 93-381, S. 35, 39; P.A. 94-239, S. 2; May Sp. Sess. P.A. 94-5, S. 15, 30; P.A. 95-257, S. 5, 58; P.A. 99-234, S.
4, 14; June Sp. Sess. P.A. 99-2, S. 23, 72.)
History: P.A. 93-381 effective July 1, 1993; P.A. 94-239 and May Sp. Sess. P.A. 94-5 both divided section in Subsecs.,
added provisions in Subsec. (a) requiring prior approval to the transportation provider and certification to the department
and prohibiting payment by the department of any expenses for persons who are able to pay for the services, have insurance
coverage or coverage under assistance programs, and added new Subsec. (b) making Office of Emergency Medical Services
responsible for developing and implementing dispatch and field triage protocols to provide a mechanism for local response
systems; May Sp. Sess. act further imposed January 1, 1995, deadline for development of protocols, effective July 1, 1994;
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and
Department of Mental Health and Addiction Services, effective July 1, 1995; Sec. 19a-2g transferred to Sec. 17a-679 in
1997; P.A. 99-234 amended Subsec. (a) by replacing reference to general assistance with reference to Medicaid benefits
and amended Subsec. (b) by adding "within the Department of Mental Health" after "Office of Emergency Medical
Services"; June Sp. Sess. P.A. 99-2 amended Subsec. (a) by replacing "shall pay" with "may, within available appropriations, pay", effective July 1, 1999.
Sec. 17a-680. (Formerly Sec. 19a-126). Definitions. For purposes of sections
17a-465a, 17a-673 and 17a-680 to 17a-690, inclusive, and subsection (d) of section
17a-484:
(1) "Alcohol-dependent person" means a person who has a psychoactive substance
dependence on alcohol as that condition is defined in the most recent edition of the
American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";
(2) "Business day" means Monday to Friday, inclusive, except when a legal holiday
falls on any such day;
(3) "Department" means the Department of Mental Health and Addiction Services;
(4) "Dangerous to himself" means there is a substantial risk that physical harm will
be inflicted by a person on himself;
(5) "Dangerous to others" means there is a substantial risk that physical harm will
be inflicted by a person on another person;
(6) "Drug or drugs" means a controlled drug as defined in section 21a-240;
(7) "Drug-dependent person" means a person who has a psychoactive substance
dependence on drugs as that condition is defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";
(8) "Commissioner" means the Commissioner of Mental Health and Addiction Services;
(9) "Gravely disabled" means a condition in which a person, as a result of the use
of alcohol or drugs on a periodic or continuous basis, is in danger of serious physical
harm because (A) he is not providing for his essential needs such as food, clothing,
shelter, vital medical care, or safety, (B) he needs, but is not receiving, inpatient treatment
for alcohol dependency or drug dependency and (C) he is incapable of determining
whether to accept such treatment because his judgment is impaired;
(10) "Hospital" means an establishment licensed under the provisions of sections
19a-490 to 19a-503, inclusive, for the lodging, care and treatment of persons suffering
from disease or other abnormal physical or mental conditions, and includes inpatient
psychiatric services in general hospitals;
(11) "Incapacitated by alcohol" means a condition in which a person as a result of
the use of alcohol has his judgment so impaired that he is incapable of realizing and
making a rational decision with respect to his need for treatment;
(12) "Incompetent person" means a person who has been adjudged incompetent by
a court of competent jurisdiction;
(13) "Intoxicated person" means a person whose mental or physical functioning is
substantially impaired as a result of the use of alcohol or drugs;
(14) "Medical officer" means a licensed physician in attendance at a treatment facility or hospital;
(15) "Respondent" means a person who is alleged to be alcohol-dependent or drug-dependent and for whom a petition for commitment or recommitment to an inpatient
treatment facility has been filed;
(16) "Treatment" means any emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and
social services, vocational and social rehabilitation and other appropriate services, which
may be extended to alcohol-dependent persons, drug-dependent persons and intoxicated
persons;
(17) "Treatment facility" means (A) a facility providing treatment and operating
under the direction and control of the department or (B) a private facility providing
treatment and licensed under the provisions of sections 19a-490 to 19a-503, inclusive.
(P.A. 74-280, S. 2, 25; P.A. 75-528, S. 4, 15; 75-569, S. 1; P.A. 77-544, S. 1, 16; P.A. 79-610, S. 27; P.A. 80-92, S. 1;
P.A. 81-472, S. 30, 159; 81-473, S. 6, 43; P.A. 83-160, S. 4; P.A. 86-371, S. 1, 45; P.A. 90-209, S. 1; P.A. 93-381, S. 15,
39; P.A. 95-257, S. 5, 58; June 18 Sp. Sess. P.A. 97-8, S. 12, 88; P.A. 99-234, S. 7.)
History: P.A. 75-528 replaced "approved" facilities with "licensed" facilities in Subdivs. (2) and (3) and changed section
references; P.A. 75-569 redefined "incapacitation" in Subdiv. (10) and "intoxicated person" in Subdiv. (12), deleted Subdiv.
(15) defining "police officer" and renumbered Subdiv. (16) accordingly; P.A. 77-544 included drug advisory council in
Subdiv. (6) and changed alcohol council to alcohol and drug abuse council in Subdiv. (9); P.A. 79-610 changed section
references in Subdivs. (2) and (3); P.A. 80-92 changed alcohol and drug abuse council to alcohol and drug abuse commission
in Subdiv. (5); P.A. 81-472 amended Subdiv. (9) to refer to the state alcohol and drug abuse "commission" rather than
"council"; P.A. 81-473 amended Subdiv. (6) to refer to the combined state alcohol and drug advisory council established
under Sec. 17-155ll and redefined "director" in Subdiv. (9) as executive director of alcohol and drug abuse commission
rather than council; P.A. 83-160 repealed Subdiv. (6) which had defined "advisory council" as Connecticut state alcohol
and drug advisory council which agency was abolished by the act; P.A. 86-371 deleted definitions of "commissioner" and
"department" of mental health and removed references to those entities, renumbering as necessary, made other technical
changes and redefined "medical facility" to delete the office of an intoxicated person's personal physician; P.A. 90-209 substituted the defined term "alcohol-dependent person" for "alcoholic", deleted the defined terms "licensed private
treatment facility", "licensed public treatment facility", "diagnostic facility" and "medical facility", added "business day",
"dangerous to himself", "dangerous to others", "drug or drugs", "drug-dependent person", "gravely disabled", "hospital",
"respondent" and "treatment facility" as defined terms, in the definition of "incapacitated by alcohol" deleted the provisions
that the person be unconscious as a result of the use of alcohol, amended the definition of "intoxicated person" to include
impairment as a result of the use of drugs, amended the definition of "medical officer" to be a physician at a treatment
facility or hospital rather than at a medical facility and in the definition of "treatment" substituted alcohol-dependent and
drug-dependent persons for alcoholics as persons to whom certain services may be extended; Sec. 17-155l transferred to
Sec. 17a-621 in 1991; P.A. 93-381 replaced executive director and Connecticut alcohol and drug abuse commission with
commissioner and department of public health and addiction services and made technical changes, effective July 1, 1993;
Sec. 17a-621 transferred to Sec. 19a-126 in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health
and Addiction Services with Commissioner and Department of Mental Health and Addiction Services, effective July 1,
1995; Sec. 19a-126 transferred to Sec. 17a-680 in 1997; June 18 Sp. Sess. P.A. 97-8 redefined "drug-dependent person"
by deleting provision excluding persons dependent on specified drugs, effective July 1, 1997; P.A. 99-234 deleted obsolete
reference to Sec. 17a-677.
Annotation to former section 17a-621:
Subdiv. (17):
Cited. 30 CA 839, 848.
Sec. 17a-681. (Formerly Sec. 19a-126a). Regulations re treatment programs
and facilities. Standards. Cooperation with Commissioner of Correction. Transfer
of persons accused or convicted of nonviolent crimes. (a) The Department of Mental
Health and Addiction Services shall adopt and may amend and repeal regulations, pursuant to chapter 54, for acceptance of persons into the treatment programs and facilities
operated or funded by the department, considering available treatment resources and
facilities, for the purpose of early and effective treatment of alcohol-dependent persons,
drug-dependent persons and intoxicated persons. In establishing the regulations the
department shall be guided by the following standards:
(1) If possible a patient shall be treated on a voluntary rather than an involuntary
basis;
(2) A patient shall be initially assigned or transferred to outpatient or intermediate
treatment, unless he is found to require inpatient treatment;
(3) A person shall not be denied treatment solely because he has withdrawn from
treatment against medical advice on a prior occasion or because he has relapsed after
earlier treatment;
(4) An individualized treatment plan shall be prepared and maintained on a current
basis for each patient; and
(5) Provision shall be made for a continuum of coordinated treatment services, so
that a person who leaves a facility or a form of treatment will have available and utilize
other appropriate treatment.
(b) The Commissioner of Mental Health and Addiction Services and the Commissioner of Correction shall cooperate in establishing treatment and rehabilitation programs for alcohol-dependent and drug-dependent persons confined in correctional institutions. Persons convicted of nonviolent crimes or confined in lieu of bond on nonviolent
charges may be transferred by the Commissioner of Correction to the commissioner for
treatment and rehabilitation upon agreement of the commissioner.
(P.A. 74-280, S. 9, 25; P.A. 75-569, S. 4; P.A. 77-544, S. 9, 16; P.A. 86-371, S. 3, 45; P.A. 90-209, S. 3; P.A. 93-381,
S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 5, 58.)
History: P.A. 75-569 added Subsec. (b) re cooperation between commissioner of mental health and commissioner of
correction; P.A. 77-544 included treatment of drug-dependent persons; P.A. 86-371 substituted references to the executive
director and the commission for references to the commissioner and the department of mental health; P.A. 90-209 substituted
"alcohol-dependent persons" for "alcoholics" and in Subsec. (a) added that the regulations concern acceptance of persons
into facilities operated or funded by the commission; Sec. 17-155s transferred to Sec. 17a-623 in 1991; P.A. 93-381 and
93-435 replaced Connecticut alcohol and drug abuse commission and executive director with department and commissioner
of public health and addiction services, respectively, effective July 1, 1993; Sec. 17a-623 transferred to Sec. 19a-126a in
1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Mental Health and Addiction Services, effective July 1, 1995; Sec. 19a-126a transferred to Sec. 17a-681 in 1997.
Sec. 17a-681a. Transferred to Chapter 319i, Part I, Sec. 17a-486.
Sec. 17a-682. (Formerly Sec. 19a-126b). Voluntary admissions to treatment
facilities operated by the department. Assistance on leaving. (a) An alcohol-dependent person or a drug-dependent person may apply for voluntary treatment directly to
a treatment facility operated by the Department of Mental Health and Addiction Services. If the proposed patient is a minor or an incompetent person, he, a parent, a legal
guardian or other legal representative may make the application.
(b) Subject to regulations adopted by the department, the administrator of a treatment facility operated by the department may determine, on the advice of the medical
officer of the facility, who shall be admitted for treatment. If a person is refused admission to a treatment facility operated by the department, the administrator, subject to
regulations adopted by the department, shall refer the person to another treatment facility
operated by the department or to a private treatment facility for treatment if possible
and appropriate.
(c) If a patient receiving inpatient care leaves a treatment facility operated by the
department, he shall be encouraged to consent to appropriate outpatient or intermediate
treatment. If it appears to the administrator in charge of the treatment facility, on the
advice of the medical officer of the facility, that the patient is an alcohol-dependent
person or drug-dependent person who requires help, the department shall arrange for
assistance in obtaining supportive services and residential facilities.
(d) If a patient leaves a treatment facility operated by the department, with or against
the advice of the administrator of the facility, the department shall make reasonable
provisions for his transportation to another facility or to his home. If he has no home,
he shall be assisted in obtaining shelter. If he is a minor or an incompetent person, the
request for discharge from an inpatient facility shall be made by a parent, legal guardian
or other legal representative or by the minor or incompetent person if he was the original
applicant.
(P.A. 74-280, S. 10, 25; P.A. 75-528, S. 6, 15; 75-569, S. 3, 5; P.A. 86-371, S. 4, 45; P.A. 90-209, S. 4; P.A. 93-381,
S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 5, 58.)
History: P.A. 75-528 and P.A. 75-569 substituted "licensed" facilities for "approved" facilities and deleted word "unemancipated" with reference to minors in Subsecs. (a) and (d); P.A. 86-371 substituted references to the commission for
references to the commissioner and department of mental health; P.A. 90-209 substituted "alcohol-dependent person" for
"alcoholic", provided that drug-dependent persons be allowed to apply for voluntary treatment under the section rather
than repealed Sec. 19a-378, substituted "treatment facility operated by the commission" for "licensed public treatment
facility", provided that the administrator's determinations in Subsec. (b) of who shall be admitted and in Subsec. (c) of
who is a patient who requires help be on the advice of the medical officer of the facility and made technical changes; Sec.
17-155t transferred to Sec. 17a-624 in 1991; P.A. 93-381 and P.A. 93-435 replaced Connecticut alcohol and drug abuse
commission with department of public health and addiction services, effective July 1, 1993; Sec. 17a-624 transferred to
Sec. 19a-126b in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services
with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; Sec. 19a-126b
transferred to Sec. 17a-682 in 1997.
Sec. 17a-683. (Formerly Sec. 19a-126c). Police assistance for intoxicated persons. Protective custody of person incapacitated by alcohol. Medical examination.
Detention and release. Notification to family. Assistance for nonadmitted person.
(a) Any police officer finding a person who appears to be intoxicated in a public place
and in need of help may, with such person's consent, assist such person to his home, a
treatment facility, or a hospital or other facility able to accept such person.
(b) Any police officer finding a person who appears to be incapacitated by alcohol
shall take him into protective custody and have him brought forthwith to a treatment
facility which provides medical triage in accordance with regulations adopted pursuant
to section 19a-495 or to a hospital. The police, in detaining the person and in having
him brought forthwith to such a treatment facility or a hospital, shall be taking him into
protective custody and shall make every reasonable effort to protect his health and safety.
In taking the person into protective custody, the detaining officer may take reasonable
steps to protect himself. A taking into protective custody under this section is not an
arrest. No entry or other record shall be made to indicate that the person has been arrested
or charged with a crime. For purposes of this section "medical triage" means a service
which provides immediate assessment of symptoms of substance abuse, the immediate
care and treatment of these symptoms as necessary, a determination of need for treatment, and assistance in attaining appropriate continued treatment.
(c) A person who is brought to a treatment facility which provides medical triage
in accordance with regulations adopted pursuant to section 19a-495 or to a hospital shall
be examined by a medical officer or his designee as soon as possible. The medical officer
shall determine whether the person requires inpatient treatment based upon the medical
examination of the person and upon a finding that the person is incapacitated by alcohol.
(d) If the medical officer determines that the person requires inpatient treatment,
the person shall be (1) admitted to, referred to or detained at a treatment facility that
provides medical treatment for detoxification or a hospital or (2) committed to a treatment facility operated by the Department of Public Health and Addiction Services for
emergency treatment pursuant to the provisions of section 17a-684. A person treated
under subdivision (1) of this subsection shall be admitted as a voluntary patient, or, if
necessary, detained for necessary treatment. If such person is referred to another treatment facility or another hospital, the referring facility or hospital shall arrange for his
transportation.
(e) Any person admitted or detained as a patient under subdivision (1) of subsection
(d) of this section shall be released once he is no longer incapacitated by alcohol or
within forty-eight hours, whichever is shorter, unless he consents to further medical
evaluation or treatment.
(f) If a patient is admitted to a treatment facility or hospital, his family or next of
kin shall, unless prohibited by federal law, be notified as promptly as possible. If a
patient who is not incapacitated by alcohol requests that there be no notification, his
request shall be respected.
(g) A person who is not admitted to a treatment facility or a hospital, is not referred
to another treatment facility or hospital and has no funds may be taken to his home, if
any. If he has no home, the facility shall assist him in obtaining shelter.
(P.A. 74-280, S. 12, 23, 25; P.A. 75-479, S. 10, 25; 75-569, S. 7; P.A. 76-300, S. 1, 4; P.A. 86-371, S. 5, 45; P.A. 90-209, S. 5; P.A. 93-381, S. 9, 39; 93-435, S. 59, 95; June 18 Sp. Sess. P.A. 97-8, S. 18, 88; June 18 Sp. Sess. P.A. 97-10,
S. 1, 7.)
History: P.A. 75-479 replaced reference to Sec. 53a-184 with reference to Sec. 53a-184a in Subsec. (j) and required
appropriations and finance committee reports on or before February 15, 1976; P.A. 75-569 made provisions specifically
applicable to those incapacitated by alcohol, included references to licensed treatment facilities, replaced detailed listing
of diagnostic procedures in Subsec. (b) with statement allowing use of diagnostic or therapeutic procedures, deleted former
Subsecs. (f) re waiver of presentment and consent to voluntary treatment and (i) re procedure when apparently intoxicated
person charged with violation or offense, redesignating remaining Subsecs. accordingly; P.A. 76-300 changed applicable
dates in Subsec. (h) and deleted provisions re report to general assembly; P.A. 86-371 deleted obsolete Subsec. (h); P.A.
90-209 substantially rewrote the provisions of the section, revised the Subsec. indicators, added new Subsec. (a) which
reworded Subsec. (b) of repealed Sec. 17-155u, added provisions re medical triage, required rather than allowed a medical
officer to take certain actions when a person requires inpatient treatment and in new Subsec. (f) provided that there not be
notification if prohibited by federal law; Sec. 17-155v transferred to Sec. 17a-625 in 1991; P.A. 93-381 and 93-435 replaced
Connecticut alcohol and drug abuse commission with department of public health and addiction services, effective July
1, 1993; Sec. 17a-625 transferred to Sec. 19a-126c in 1995; Sec. 19a-126c transferred to Sec. 17a-683 in 1997; June 18
Sp. Sess. P.A. 97-8 added Subsec. (h) re payment at any facility, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-10
repealed provision added by June 18 Sp. Sess. P.A. 97-8, effective July 1, 1997.
Sec. 17a-684. (Formerly Sec. 19a-126d). Emergency treatment, grounds, application, procedure, detention and release. Rights after commitment. (a) A person
who is intoxicated at the time of application for commitment pursuant to subsection
(b) of this section and who (1) is dangerous to himself or dangerous to others unless
committed, (2) needs medical treatment for detoxification for potentially life-threatening symptoms of withdrawal from alcohol or drugs or (3) is incapacitated by alcohol,
may be committed for emergency treatment to a treatment facility operated by the Department of Mental Health and Addiction Services or a private treatment facility approved by the department to provide emergency treatment. The requirement that a person
be intoxicated at the time of application may be waived if a licensed physician determines
that the person is in immediate need of medical treatment for detoxification for potentially life-threatening withdrawal symptoms. A refusal to undergo treatment shall not
constitute evidence of lack of judgment as to the need for treatment.
(b) A physician, spouse, guardian or relative of the person to be committed, or any
other responsible person, may make a written application for commitment under this
section, directed to the administrator of a treatment facility operated by the department
or approved by the department to provide emergency treatment. The application shall
state facts to support the need for emergency treatment and be accompanied by a physician's certificate stating that he has examined the person sought to be committed within
two days before the certificate's date and facts supporting the need for emergency
treatment.
(c) Upon tentative approval of the application by the administrator of the treatment
facility, the person shall be transferred to the facility. The medical officer of the treatment
facility shall immediately examine the person sought to be committed and advise the
administrator of the treatment facility whether the application sustains the grounds to
commit the person for emergency treatment. The administrator shall either accept the
application or refuse the application if the application fails to sustain the grounds for
commitment. If the administrator accepts the application, the person shall be retained
at the facility to which he was admitted, or transferred to another appropriate treatment
facility, until discharged under subsection (d) of this section.
(d) When, on the advice of the medical officer, the administrator determines that
the grounds for commitment for emergency treatment no longer exist, the administrator
shall discharge a person committed under this section. No person committed under this
section may be detained in any treatment facility for more than five days. If an application
for involuntary commitment under section 17a-685 has been filed within the five-day
period and the administrator of the treatment facility, on the advice of the medical officer
of the facility, finds that grounds for commitment exist under the provisions of said
section, he may detain the person until the application has been heard and determined,
but no longer than seven business days after filing the application.
(e) A copy of the written application for commitment and a written explanation of
the person's right to counsel, shall be given by the administrator of the treatment facility
to the person within twenty-four hours after commitment under this section. The administrator shall provide a reasonable opportunity for the person to consult counsel.
(P.A. 74-280, S. 14, 25; P.A. 75-528, S. 8, 15; P.A. 86-371, S. 6, 45; P.A. 90-209, S. 6; P.A. 92-32; P.A. 93-381, S. 9,
39; 93-435, S. 59, 95; P.A. 95-257, S. 5, 58; P.A. 96-29; P.A. 98-219, S. 13; P.A. 99-32.)
History: P.A. 75-528 substituted "licensed" facilities for "approved" facilities; P.A. 86-371 substituted a reference to
the commission for a reference to the department of mental health; P.A. 90-209 substantially rewrote the provisions of the
section, revised the Subsec. indicators, expanded the emergency commitment procedures to persons whose functioning is
impaired as a result of the use of drugs and to persons who are dangerous to themselves or in need of medical treatment
for detoxification from alcohol or drugs and increased the number of days which a person may be committed for emergency
treatment from three to five days; Sec. 17-155x transferred to Sec. 17a-626 in 1991; P.A. 92-32 amended Subsec. (b) by
eliminating provision prohibiting a physician employed by admitting facility or commission from being certifying physician; P.A. 93-381 and P.A. 93-435 replaced Connecticut alcohol and drug abuse commission with department of public
health and addiction services, effective July 1, 1993; Sec. 17a-626 transferred to Sec. 19a-126d in 1995; P.A. 95-257
replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of
Mental Health and Addiction Services, effective July 1, 1995; P.A. 96-29 limited Subsec. (a) to persons intoxicated at the
time of application; Sec. 19a-126d transferred to Sec. 17a-684 in 1997; P.A. 98-219 amended Subsec. (d) by changing
"petition" to "application" and increased maximum detention period from five to seven days; P.A. 99-32 amended Subsec.
(a) by adding provision allowing waiver of requirement of intoxication at time of application.
Sec. 17a-685. (Formerly Sec. 19a-126e). Application for involuntary commitment. Notice of hearing. Order of commitment. Recommitment. Discharge. Application for termination of commitment or recommitment and discharge. (a) Who
may make application. Any person, including the spouse, a relative or a conservator
of a person sought to be committed, a physician issuing a certificate under subsection
(b) of this section or the administrator of a treatment facility may make application to
the Probate Court to commit a person to an inpatient treatment facility for treatment for
alcohol dependency or drug dependency. The application shall be brought to the probate
court for the district in which the respondent resides, or, if the respondent's residence
is out of state or unknown, for the district in which he or she is at the time of filing the
application. In any case in which the person is being treated in a facility, and an application is filed in accordance with the provisions of this section, jurisdiction shall be vested
in the probate court for the district in which the facility where such person is a patient
is located. If the respondent is confined to a facility, notwithstanding the provisions of
section 45a-7, the judge of probate for the district in which the application was filed
shall hold the hearing on the application at the facility where such person is confined.
(b) Contents of application and physician's certificate. Order for disclosure of
medical information. The application shall allege that the person is an alcohol-dependent person or a drug-dependent person who is dangerous to himself or herself or dangerous to others when he or she is an intoxicated person or who is gravely disabled. The
application shall contain a statement that the applicant has arranged for treatment in a
treatment facility. A statement to that effect from such facility shall be attached to the
application. At or before the hearing on the application, there shall be filed with the
court a certificate of a licensed physician who has examined the person within two
days before submission of the application. The physician's certificate shall set forth
the physician's findings, including clinical observation or information, or the person's
medical history, in support of the allegations of the application, and a finding of whether
the person presently needs and is likely to benefit from treatment, and shall include a
recommendation as to the type and length of treatment and inpatient facilities available
for such treatment. A physician employed by the private treatment facility to which the
person is to be committed is not eligible to be the certifying physician. An application
filed by a person other than the certifying physician shall set forth the facts and information upon which the applicant bases his or her allegations and the names and addresses
of all physicians. Upon the filing of an application under this section, the court may
issue an order for the disclosure of the medical information required pursuant to this
subsection.
(c) Hearing date. Notice. Upon receipt of the application, the court shall assign a
time for a hearing not later than seven business days after the date the application was
filed. A copy of the application and physician's certificate and the notice of the hearing,
shall be served, by a state marshal, constable or indifferent person not later than three
business days before the hearing on the respondent, unless the respondent is in a facility,
in which case such notice shall be by regular mail. Such notice shall inform such respondent that he or she has a right to be present at the hearing, that he or she has the right
to counsel and, if indigent, to have counsel appointed to represent him or her, and that
such respondent has a right to cross-examine witnesses testifying at any hearing upon
that application. The court shall cause a recording of the testimony of such hearing to
be made, to be transcribed only in the event of an appeal from the decree rendered
pursuant to this section. A copy of such transcript shall be furnished without charge to
any appellant whom the Court of Probate finds is unable to pay for the same. The cost
of said transcript shall be paid from funds appropriated to the Judicial Department. The
court shall cause notice of said hearing to be given by regular mail to the respondent's
next of kin, a parent or legal guardian if the respondent is a minor, the administrator of
the treatment facility if the respondent has been committed for emergency treatment
pursuant to section 17a-684, and the administrator of the treatment facility to which the
respondent is to be admitted. The court may order such notice as it directs to other
persons having an interest in the respondent. If the court finds such respondent is indigent
or otherwise unable to pay for counsel, the court shall appoint counsel for such respondent, unless such respondent refuses counsel and the court finds that the respondent
understands the nature of such refusal. The court shall appoint counsel for the respondent
from a panel of attorneys admitted to practice in this state provided by the Probate
Court Administrator in accordance with regulations promulgated by the Probate Court
Administrator in accordance with section 45a-77. The reasonable compensation of appointed counsel shall be established by, and paid from funds appropriated to, the Judicial
Department. If funds have not been included in the budget of the Judicial Department
for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. Prior to such hearing
such respondent, or the respondent's counsel, in accordance with the provisions of sections 52-146d to 52-146i, inclusive, shall be afforded access to all records, including
without limitation, hospital records if such respondent is hospitalized, and shall be entitled to take notes therefrom. If such respondent is hospitalized at the time of the hearing,
the hospital shall make available at such hearing for use by the respondent or the respondent's counsel all records in its possession relating to the condition of the respondent.
Notwithstanding the provisions of sections 52-146d to 52-146i, inclusive, all such hospital records directly relating to the respondent shall be admissible at the request of any
party or the Probate Court in any proceeding relating to the confinement to or release
from a hospital or treatment facility. Nothing in this section shall prevent timely objections to the admissibility of evidence in accordance with the rules of civil procedure.
(d) Commitment order. If, after hearing all relevant evidence, including the results
of any diagnostic examination, the court finds, by clear and convincing evidence, that
the respondent is an alcohol-dependent person or a drug-dependent person who is dangerous to himself or herself or dangerous to others when he or she is an intoxicated
person or who is gravely disabled, it shall make an order of commitment to a treatment
facility for inpatient treatment for a period of not less than thirty nor more than one
hundred eighty days. The court may not order commitment of a respondent unless it
determines that the treatment facility is able to provide adequate and appropriate treatment for such respondent and that the treatment is likely to be beneficial. In any proceeding pursuant to this subsection, the provisions of section 17a-686 shall apply.
(e) Expiration of commitment period. A person committed under this section
shall remain in the custody of the administrator of the treatment facility for inpatient
treatment for the commitment period unless sooner discharged under the provisions of
subsection (k) of this section by the administrator of the treatment facility. At the end
of the commitment period, a person committed under this section shall be discharged
automatically unless the administrator, before expiration of the period, obtains a court
order for recommitment pursuant to the provisions of subsection (f) of this section for
inpatient treatment. When the person is discharged, the administrator shall, if recommended by the medical officer of the facility, refer the person to an outpatient treatment
facility for treatment pursuant to the provisions of subsection (j) of this section.
(f) Application for recommitment. The administrator of an inpatient treatment
facility, before expiration of the commitment period ordered in subsection (d) of this
section, or the administrator of an outpatient treatment facility, before expiration of the
outpatient treatment period set forth in subsection (j) of this section, may, on the advice
of the medical officer of the facility, make application to the court for recommitment
of the person to a treatment facility for inpatient treatment. An application for recommitment shall allege that the respondent is an alcohol-dependent person or a drug-dependent person who needs further inpatient treatment and is likely to benefit from such
treatment, and, if the respondent is in an outpatient facility, that the respondent is not
successfully participating in the outpatient program.
(g) Recommitment hearing date. Notice. Upon the receipt of an application for
recommitment under subsection (f) of this section, the court shall assign a time for
hearing no later than ten business days after the date the application was filed. A copy
of the application and of the notice of the hearing, including the date fixed by the court,
shall be sent by regular mail at least seven days before the hearing, to the respondent,
the respondent's next of kin, the original applicant under subsection (a) of this section
if different from the applicant for recommitment, the respondent's parents or legal guardian if the respondent is a minor, the administrator of the treatment facility to which the
respondent is admitted or to be admitted and any other person the court believes advisable. The applicant shall be notified of the hearing date not later than three business
days before the hearing.
(h) Recommitment order. If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds, by clear and convincing evidence,
that the respondent is an alcohol-dependent person or a drug-dependent person who
needs further inpatient treatment and who is likely to benefit from such treatment, and,
if the respondent is in an outpatient treatment facility, that the respondent is not successfully participating in the outpatient program, it shall make an order of recommitment
to an inpatient treatment facility for treatment for a period of not less than thirty nor
more than one hundred eighty days. The court may not order recommitment of a respondent unless it determines that the treatment facility is able to provide adequate and
appropriate treatment for such respondent and that the treatment is likely to be beneficial.
The court shall not make more than one recommitment order immediately following
an original commitment order under subsection (d) of this section nor more than one
recommitment order from an outpatient treatment facility. In any proceeding pursuant
to this subsection, the provisions of section 17a-686 shall apply.
(i) Expiration of recommitment period. A person recommitted under subsection
(h) of this section who has not been discharged before the end of the recommitment
period shall be discharged automatically at the expiration of that period. When the recommitted person is discharged, the administrator of the treatment facility shall, if advised to do so by the medical officer of the facility, refer the person to an outpatient
treatment facility for treatment pursuant to the provisions of subsection (j) of this section.
(j) Outpatient treatment after commitment or recommitment period. A person
referred to an outpatient treatment facility pursuant to the provisions of subsection (e)
or (i) of this section shall remain in outpatient treatment for a period of twelve months
unless sooner discharged by the administrator of the treatment facility, on the advice of
the medical officer of the facility, or unless, before expiration of the period of outpatient
treatment, the administrator obtains a court order of recommitment for inpatient treatment as provided in subsection (h) of this section.
(k) Discharge before expiration of commitment period. The administrator of a
treatment facility, on the advice of the medical officer, shall discharge a person committed or recommitted for treatment at any time before the end of the period for which such
person has been committed if the person is no longer an alcohol-dependent person or a
drug-dependent person in need of further treatment, further treatment will not be likely
to bring about significant improvement in the person's condition or treatment is no
longer adequate or appropriate.
(l) Application to terminate commitment. If a committed or recommitted person
has not been discharged pursuant to subsection (k) of this section, any responsible person, including the committed or recommitted person, may make application to the Probate Court for termination of commitment or recommitment and discharge from the
treatment facility. The application shall allege that the committed or recommitted person
is no longer an alcohol-dependent person or a drug-dependent person in need of further
treatment, that further treatment will not be likely to bring about significant improvement
in the person's condition or that treatment is no longer adequate or appropriate. Upon
receipt of any such application, such court shall assign a time, not later than ten business
days thereafter, and a place for hearing such application, and shall cause reasonable
notice thereof to be given to the applicant, the administrator of the treatment facility
and any other person the court deems advisable. Such notice shall inform the applicant
that he or she has the right to be present at the hearing and to present evidence at the
hearing, that he or she has a right to counsel, that he or she, if indigent, has a right to
have counsel appointed to represent him or her, and that such applicant has a right to
cross-examine witnesses at any hearing on such application. The provisions of section
17a-686 shall apply. If, after hearing, the court determines that the grounds alleged in
the application exist, it shall order termination of the commitment or recommitment and
discharge of the committed or recommitted person, except that the court may not order
the discharge of an alcohol-dependent person or drug-dependent person who the court
determines is likely to become dangerous to himself or herself or dangerous to others
when he is an intoxicated person.
(m) Temporary leave from treatment facility. The administrator of a treatment
facility to which a committed or recommitted person has been committed or recommitted
may, under such restrictions or agreements as the administrator deems advisable and
on the advice of the medical officer of the facility, permit the person to leave the treatment
facility temporarily, in the charge of such person's guardian, conservator, relatives or
friends, or by himself or herself.
(n) Expenses. All the expenses in connection with an application filed under sections 17a-684 to 17a-686, inclusive, shall be paid by the applicant, unless the applicant
is indigent, in which case such expenses shall be paid by the state from funds appropriated
to the Department of Mental Health and Addiction Services in accordance with rates
established by said department, and attorney's fees shall be established by, and paid
from funds appropriated to, the Judicial Department. If funds have not been included
in the budget of the Judicial Department for such attorney's fees, such fees shall be
established by the Probate Court Administrator and paid from the Probate Court Administration Fund, provided in no event shall the expenses under subsection (l) of this section
be paid for any one applicant for more than two hearings per year.
(P.A. 74-280, S. 15, 25; P.A. 75-528, S. 9-12, 15; 75-569, S. 8; P.A. 76-435, S. 54, 82; 76-436, S. 482, 681; P.A. 79-585, S. 1, 15; P.A. 86-371, S. 7, 45; P.A. 89-390, S. 12, 37; P.A. 90-209, S. 7; P.A. 91-406, S. 17, 29; P.A. 92-157, S. 1;
P.A. 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 5, 58; P.A. 98-219, S. 14; P.A. 99-84, S. 2; P.A. 00-99, S. 54,
154; P.A. 04-142, S. 8.)
History: P.A. 75-528 substituted "licensed" facilities for "approved" facilities and replaced circuit court with court of
common pleas and "circuit" with "geographical area" in Subsec. (a); P.A. 75-569 changed hearing deadline in Subsec. (b)
from ten to five days after petition filed, limited recommitment orders to two in Subsec. (f), replaced reference to offenses
and violations with misdemeanors in Subsec. (i) and changed section referred to in Subsec. (l) from 17-155y to 17-155v;
P.A. 76-435 deleted word "unemancipated" with reference to minors in Subsecs. (b) and (g); P.A. 76-436 replaced court
of common pleas with superior court in Subsec. (a) and substituted "this section" for reference to Sec. 17-155y and
"state's attorney or assistant state's attorney" for "prosecutor" in Subsec. (l), effective July 1, 1978; P.A. 79-585 replaced
commission on adult probation with office of adult probation in Subsecs. (i) and (j); P.A. 86-371 substituted references to
the executive director and the commission for references to the commissioner and the department and made technical
changes; P.A. 89-390 deleted former Subsec. (i) which authorized the court to suspend the prosecution of an alcoholic
person accused of a misdemeanor, to commit such person to the custody of the office of adult probation for treatment by
the executive director and to dismiss the charges against such person, amended Subsec. (i), formerly Subsec. (j), to delete
provision re commitment of a person to the custody of the office of adult probation for treatment by the executive director,
deleted former Subsec. (l) which required the executive director or medical officer in charge of a treatment facility to give
notice prior to the discharge of a patient committed pursuant to former Subsec. (i), and relettered the intervening and
remaining Subsecs. accordingly; P.A. 90-209 substantially rewrote the provisions of the section, relettered Subsec. indicators, made involuntary commitment procedures for alcohol-dependent and drug-dependent persons the same (former procedures for drug-dependent persons were in repealed Secs. 19a-379 and 19a-380), deleted provisions re conduct of hearing
(but see Sec. 17-155z), changed the length of time persons can be involuntarily committed, gave custody of committed
persons to the administrator of the treatment facility rather than to the executive director of the commission on alcohol
and drug abuse and added provisions re petitions for termination of commitment or recommitment and discharge (transferred
with changes from Sec. 17-155z(e)); Sec. 17-155y transferred to Sec. 17a-627 in 1991; P.A. 91-406 confirmed the numbering of this section as Sec. 17a-627, thereby correcting a typographical error; P.A. 92-157 amended Subsec. (e) by deleting
provision requiring administrator to apply for recommitment if he determines likelihood that person will become dangerous
to himself or others when intoxicated and amended Subsec. (k) by deleting provision prohibiting administrator from
discharging alcohol-dependent or drug-dependent person who is likely to become dangerous to himself or others when
intoxicated; P.A. 93-381 and P.A. 93-435 replaced Connecticut alcohol and drug abuse commission with department of
public health and addiction services, effective July 1, 1993; Sec. 17a-627 transferred to Sec. 19a-126e in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department
of Mental Health and Addiction Services, effective July 1, 1995; Sec. 19a-126e transferred to Sec. 17a-685 in 1997; P.A.
98-219 revised section, transferring jurisdiction re involuntary commitment for alcohol or drug dependency from Superior
Court to Probate Court; P.A. 99-84 amended Subsec. (f) by deleting requirement that an application for recommitment for
inpatient treatment allege that alcohol or drug dependent person is likely to become dangerous to himself or herself or
others when intoxicated or likely to become gravely disabled, and amended Subsec. (g) by changing notice of hearing to
be sent at least seven days before hearing; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal
in Subsec. (c), effective December 1, 2000; P.A. 04-142 amended Subsec. (b) by replacing provision re physician's certificate to accompany the application with provision re physician's certificate to be filed with the court at or before the hearing
and by adding provision re court order for disclosure of required medical information.
Annotation to former section 17-155y:
Subsec. (a):
Cited. 169 C. 13.
Sec. 17a-686. (Formerly Sec. 19a-126f). Procedural rules and rights during
determinations of commitment, recommitment and termination of commitment
and recommitment and discharge. The person shall be informed of his right to be
examined by a licensed physician of his choice. If the person is unable to obtain a licensed
physician and requests examination by a physician, the court shall employ a licensed
physician.
(a) At any hearing on an application for commitment, recommitment or termination
and discharge, the court shall inquire into the facts of the application. The following
provisions shall apply to the hearing:
(1) The respondent shall be present unless the court finds by clear and convincing
evidence that his presence would be injurious to himself. If the person is not present,
the court shall appoint a guardian ad litem to represent him;
(2) The court shall examine the person in open court, or, if the person is not present,
examine him in such a private setting as the court may determine;
(3) The respondent or his representative may present evidence and cross-examine
witnesses;
(4) The court shall order any examining physician to appear if the person notifies
the court not less than two days before the hearing that he wishes to cross-examine such
physician. It is the responsibility of the applicant to provide medical testimony;
(5) The Connecticut rules of evidence shall be observed.
(b) If, at the time of the hearing, the person is being treated at a treatment facility
and is medicated, the treatment facility shall notify the court of the medication and of
the common effects thereof.
(c) The court may not order a commitment or recommitment unless the evidence
presented includes the report of at least one licensed physician who has examined the
person which supports the allegations of the application for commitment or recommitment.
(d) If a private treatment facility agrees with the request of a patient or his parent,
sibling, adult child or legal representative to accept the patient for treatment, the administrator of the treatment facility operated by the Department of Mental Health and Addiction Services shall transfer him to the private treatment facility.
(e) In any contested proceeding for commitment, recommitment, or termination
and discharge, the Attorney General shall, upon request, represent the administrator of
a treatment facility operated by the department.
(P.A. 74-280, S. 16, 25; P.A. 75-569, S. 9; P.A. 76-436, S. 484, 681; P.A. 86-371, S. 8, 45; P.A. 90-209, S. 8; P.A. 93-381, S. 9, 17, 39; 93-435, S. 59, 95; P.A. 95-257, S. 5, 58; P.A. 98-219, S. 15.)
History: P.A. 75-569 made appointment of counsel mandatory rather than optional in Subsec. (b) if person so requests
and is unable to obtain counsel; P.A. 76-436 replaced court of common pleas with superior court in Subsec. (e), effective
July 1, 1978; P.A. 86-371 made technical changes; P.A. 90-209 substantially rewrote the provisions of the section, revised
the subsection indicators, added the applicability of the procedures to petitions for termination of commitment or recommitment and discharge and provided that if a person cannot pay for counsel, judicial department funds shall be used; Sec.
17-155z transferred to Sec. 17a-628 in 1991; P.A. 93-381 amended Subsec. (a) to make technical changes and with P.A.
93-435 replaced references to Connecticut drug and alcohol commission with references to department of public health
and addiction services, effective July 1, 1993; Sec. 17a-628 transferred to Sec. 19a-126f in 1995; P.A. 95-257 replaced
Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Mental
Health and Addiction Services, effective July 1, 1995; Sec. 19a-126f transferred to Sec. 17a-686 in 1997; P.A. 98-219
revised section, changing "petition" to "application" and "person" to "respondent".
Sec. 17a-687. (Formerly Sec. 19a-126g). Visitation and communication with
patients. (a) Subject to reasonable rules regarding hours of visitation which the Commissioner of Mental Health and Addiction Services may adopt, patients in any treatment
facility or hospital shall be granted opportunities for adequate consultation with counsel,
and for continuing contact with family and friends consistent with an effective treatment
program.
(b) Neither mail nor other communication to or from a patient in any treatment
facility or hospital may be intercepted, read or censored. The commissioner may adopt
reasonable rules regarding the use of telephones by patients in such facilities.
(P.A. 74-280, S. 17, 25; P.A. 75-528, S. 13, 15; 75-569, S. 10; P.A. 86-371, S. 9, 45; P.A. 90-209, S. 9; P.A. 93-381,
S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 5, 58.)
History: P.A. 75-528 substituted "licensed" facilities for "approved" facilities and included other medical facilities in
Subsecs. (b) and (c); P.A. 75-569 deleted Subsec. (a) re records and information retained in cases where criminal charge
not lodged and redesignated remaining Subsecs. accordingly; P.A. 86-371 substituted reference to the executive director
for references to the commissioner; P.A. 90-209 substituted "treatment facility or hospital" for "licensed treatment facility
or other medical facility"; Sec. 17-155aa transferred to Sec. 17a-629 in 1991; P.A. 93-381 and P.A. 93-435 replaced
executive director with commissioner of public health and addiction services, effective July 1, 1993; Sec. 17a-629 transferred to Sec. 19a-126g in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; Sec. 19a-126g transferred to Sec. 17a-687 in 1997.
Sec. 17a-688. (Formerly Sec. 19a-126h). Records, keeping and confidentiality
of. Disclosure permitted, when. Minors, consent to treatment and liability for costs.
(a) All records maintained by the court of cases coming before it under the provisions
of sections 17a-465a, 17a-673 and 17a-680 to 17a-690, inclusive, shall be sealed and
available only to the respondent or the respondent's counsel unless the court, after hearing held with notice to the respondent, determines such record should be disclosed for
cause shown.
(b) Medical treatment facilities shall keep and submit such records of all persons
examined, admitted or treated pursuant to sections 17a-465a, 17a-673 and 17a-680 to
17a-690, inclusive, as may be required by the department.
(c) No person, hospital or treatment facility may disclose or permit the disclosure
of, nor may the department disclose or permit the disclosure of, the identity, diagnosis,
prognosis or treatment of any such patient that would constitute a violation of federal
statutes concerning confidentiality of alcohol or drug patient records and any regulations
pursuant thereto, as such federal statutes and regulations may be amended from time to
time. The department shall adopt regulations, in accordance with chapter 54, to protect
the confidentiality of any such information that is obtained by the department.
(d) If the person seeking treatment or rehabilitation for alcohol dependence or drug
dependence is a minor, the fact that the minor sought such treatment or rehabilitation
or that the minor is receiving such treatment or rehabilitation, shall not be reported or
disclosed to the parents or legal guardian of the minor without the minor's consent. The
minor may give legal consent to receipt of such treatment and rehabilitation. A minor
shall be personally liable for all costs and expenses for alcohol and drug dependency
treatment afforded to the minor at the minor's request under section 17a-682.
(e) The commissioner may use or make available to authorized persons information
from patients' records for purposes of conducting scientific research, management
audits, financial audits or program evaluation, provided such information shall not be
utilized in a manner that discloses a patient's name or other identifying information.
(P.A. 74-280, S. 18, 25; P.A. 75-569, S. 11; P.A. 77-544, S. 10, 16; P.A. 86-371, S. 10, 45; P.A. 90-209, S. 10; P.A.
93-381, S. 9, 18, 39; 93-435, S. 59, 95; P.A. 95-257, S. 12, 21, 58; P.A. 99-234, S. 5; P.A. 00-27, S. 7, 24.)
History: P.A. 75-569 rewrote section, deleting former Subsec. (a) re records kept by medical and treatment facilities,
replacing former Subsec. (b), now (a), re report to commissioner with statement that records be submitted at department's
request, replacing disclosure provisions in former Subsec. (c), now (b), and replacing former Subsec. (d), now (c) re
notification of next-of-kin or police of patient's admission and condition with provisions for availability of information
to authorized persons for purposes stated; P.A. 77-544 replaced reference to specific federal laws in Subsec. (b) with
general descriptive phrase; P.A. 86-371 substituted references to commission and executive director for references to
department and commissioner of mental health and made technical changes; P.A. 90-209 added new Subsec. (a) re disclosure of records maintained by court, relettered former Subsecs. (a) and (b) as Subsecs. (b) and (c), in new Subsec. (c)
substituted "no person, hospital, treatment facility or the commission may disclose or permit the disclosure of" for "the
commission shall not permit the disclosure of" and made technical changes, added new Subsec. (d) re minors (provisions
re confidentiality and payment liability for a minor seeking drug treatment were incorporated from repealed Secs. 19a-382 and 19a-385) and in new Subsec. (e) made a technical change; Sec. 17-155bb transferred to Sec. 17a-630 in 1991;
P.A. 93-381 amended Subsecs. (a) and (b) to make technical changes and, with P.A. 93-435, replaced references to commission on alcohol and drug abuse and its executive director with references to commissioner and department of public health
and addiction services, effective July 1, 1993; Sec. 17a-630 transferred to Sec. 19a-126h in 1995; P.A. 95-257 replaced
Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public
Health, effective July 1, 1995; Sec. 19a-126h transferred to Sec. 17a-688 in 1997; P.A. 99-234 deleted obsolete reference
to Sec. 17a-677; P.A. 00-27 made technical changes in Subsecs. (a), (c), (d) and (e), effective May 1, 2000.
Annotations to former section 17-155bb:
Subsec. (b):
Cited. 203 C. 641, 654. Cited. 212 C. 50, 55.
Subsec. (c):
Cited. 30 CA 839, 848.
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