House Bill No. 8008
               House Bill No. 8008

  June 18 Special Session, PUBLIC ACT NO. 97-10


AN  ACT  CONCERNING  REVISIONS TO EXPENDITURES FOR
THE PROGRAMS AND SERVICES  OF  THE  DEPARTMENT  OF
PUBLIC HEALTH.

    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1. Section  17a-683  of  the  general
statutes, as amended  by  section 18 of public act
97-8 of the  June  18 special session, is repealed
and the following is substituted in lieu thereof:
    (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.
    [(h) Each provider  under  contract  with  the
Department of Social Services or the Department of
Mental  Health  and  Addiction  Services  for  the
provision of comprehensive health care coverage on
a prepayment or  per  capita basis for Medicaid or
other  public assistance  recipients  pursuant  to
section 17b-266 shall  be  liable  for payment, in
accordance with applicable reimbursement rates, to
any  treatment facility  that  provides  inpatient
treatment for detoxification to any person brought
to  such treatment  facility  under  this  section
without regard to  whether such treatment facility
is under contract  with  the  comprehensive health
care  provider  for  the  provision  of  inpatient
treatment for such recipients.]
    Sec. 2. Section  7-42 of the general statutes,
as amended by section 43 of public act 97-8 of the
June  18 special  session,  is  repealed  and  the
following is substituted in lieu thereof:
    Each  registrar  of   vital  statistics  shall
ascertain as accurately  as  he  can all marriages
and deaths, and  all births, upon the affidavit of
the father or  mother,  occurring in his town, and
record the same in a book or books kept by him for
that  purpose,  in   such   form   and  with  such
particulars as are prescribed by the Department of
Public Health. He  shall  give  licenses to marry,
according to provisions  of  law;  shall  make and
perfect all records  of the birth and death of the
persons born or  deceased  in  his town, and, when
any birth or death happens of which no certificate
is returned to  him,  shall obtain the information
required by law respecting such birth or death. He
shall distribute to  all  persons in his town who,
in his judgment,  are  likely  to need them, blank
forms for the certificates and returns required by
law to be made to him; shall amend or correct such
certificates and the  records  thereof whenever he
discovers errors upon  the face thereof, and shall
insert  or  supply   therein  omissions  of  facts
existing at the  time  of  the  recording  of such
certificates except that  all  errors or omissions
concerned with questions  of parentage [or gender]
shall  be within  the  sole  jurisdiction  of  the
Department of Public Health as provided in section
19a-42. He shall  keep  the records of his office,
when a fire-proof  safe  is  not  provided for his
use, in the  vaults  provided for the land records
of his town.  He  may,  with  the  approval of the
Department of Public Health, store any records not
in current use in a location other than his office
or said vaults,  provided  such  location shall be
approved by the  Public Records Administrator, and
provided such location  is  within  the  limits of
such town. He  shall, on or before the seventh day
of each month,  send to the Commissioner of Public
Health an attested  copy  of  each  certificate of
death received by  him for the calendar month next
preceding  or  a   notification   that   no   such
certificate has been received and on or before the
fifteenth day of  every  month an attested copy of
each certificate of  birth and of each certificate
of marriage received  by  him  for  the month next
preceding  or  a   notification   that   no   such
certificate   has   been   received.   Both   such
notifications shall be in a form prescribed by the
Department of Public  Health.  The registrar shall
also  transmit  from   time   to   time   to  said
commissioner  an  attested   copy   of  all  other
certificates of births, marriages and deaths which
he acquires in amending or completing his records.
The copy shall be made in a form prescribed by the
Department  of  Public   Health  and  upon  blanks
provided   by   said    department.    Copies   of
certificates  of  births,  marriages  and  deaths,
transmitted to said  commissioner  as  required in
this  section,  shall   be   plain   and   legible
transcripts of the  certificates.  If a transcript
is illegible, in  the opinion of the commissioner,
he shall require  of  the  registrar  another copy
legibly  transcribed.  When   a  registrar  having
custody of an  original of a certificate of birth,
marriage or death  corrects  the  certificate,  he
shall,  within  ten   days,   forward  an  amended
certificate to any  registrar having a copy of the
certificate. Each registrar  shall  inscribe  upon
the back of each certificate of birth, marriage or
death  received  for   record   the  date  of  its
reception.  Each  registrar  of  vital  statistics
shall also transmit  to  the  registrars of voters
for his town  a  notice of the death of any person
seventeen years of  age or older, at the same time
the registrar transmits  the  attested copy of the
certificate  of  death  for  such  person  to  the
Commissioner of Public Health under this section.
    Sec.  3.  Section   19a-42   of   the  general
statutes, as amended  by  section 44 of public act
97-8 of the  June  18 special session, is repealed
and the following is substituted in lieu thereof:
    (a) To protect  the  integrity and accuracy of
vital  records,  a  certificate  registered  under
chapter 93 may  be amended only in accordance with
sections 19a-41 to  19a-45,  inclusive, chapter 93
and regulations adopted  by  the  Commissioner  of
Public  Health pursuant  to  chapter  54.  When  a
certificate  is amended  under  this  section  the
commissioner shall report  the  amendment  to  the
registrars of vital  statistics affected and their
records shall be amended accordingly.
    (b) [Except as provided in subsections (c) and
(e) of this  section,  a]  A  certificate  that is
amended  under  this   section   shall  be  marked
"Amended" on the  original.  The date of amendment
and  a  summary   description   of   the  evidence
submitted in support  of  the  amendment  shall be
endorsed on or  made  a  part  of  the record. The
original  birth,  death  or  marriage  certificate
shall be sealed and kept in a confidential file at
the  Department  of   Public  Health  and  may  be
unsealed only upon  the  order of the Commissioner
of Public Health.  A copy of the original shall be
made and such  copy  shall  be  amended  in such a
manner that the  language  to  be  changed  is  no
longer visible. The copy shall be a public record.
The Commissioner of  Public Health shall prescribe
by regulation, adopted  in accordance with chapter
54, the conditions  under which additions or minor
corrections may be  made  to  vital records within
one year after  the  date of the event without the
vital record being marked "Amended".
    (c)  Upon written  request  of  both  parents,
receipt of a  sworn  acknowledgment  of  paternity
signed by both  parents  of  a  child  born out of
wedlock  and  receipt  of  a  fee  of  twenty-five
dollars, the Commissioner  of  Public Health shall
amend the birth certificate to show such paternity
if paternity is  not  already  shown  on the birth
certificate or to  change the surname of the child
or both. Such  certificate  shall  not  be  marked
"Amended".
    (d) Upon receipt  of  a  certified  copy of an
order  of  a   court   of  competent  jurisdiction
changing the name  of  a person born in this state
and upon request  of  such  person or his parents,
guardian,    or    legal    representative,    the
Commissioner  of Public  Health  shall  amend  the
birth certificate to show the new name.
    [(e) Upon request  of  an individual born with
hermaphroditism and receipt  of a signed statement
from a physician  attesting to such condition, the
commissioner  shall  amend   the   certificate  to
accurately reflect the  gender  of the individual,
as determined by  the  person  and  his physician.
Such certificate shall not be marked "amended" and
a copy shall  be  made  in  a manner that prevents
ascertainment of the nature of the amendment.]
    [(f)]  (e)  When   an  applicant  submits  the
documentation required by the regulations to amend
a vital record  the  Commissioner of Public Health
shall hold a  hearing,  in accordance with chapter
54, if the  commissioner  has  reasonable cause to
doubt   the   validity   or   adequacy   of   such
documentation.
    [(g)] (f) When an amendment under this section
involves the changing  of  existing  language on a
death certificate due  to  an  error pertaining to
the cause of death, the death certificate shall be
amended  in  such   a  manner  that  the  original
language is still  visible.  A  copy  of the death
certificate  shall be  made.  The  original  death
certificate  shall  be   sealed   and  kept  in  a
confidential  file at  the  Department  of  Public
Health and only  the Commissioner of Public Health
may order it  unsealed.  The copy shall be amended
in such a  manner  that the language to be changed
is no longer  visible.  The copy shall be a public
document.
    Sec.  4.  Section   7-314a   of   the  general
statutes, as amended  by  section 84 of public act
97-8 of the  June  18 special session, is repealed
and the following is substituted in lieu thereof:
    (a) Except as  provided in subsections (e) and
(f) of this  section,  active members of volunteer
fire   departments   and    active    members   of
organizations  certified  as   a   volunteer   [or
municipal] ambulance service  in  accordance  with
section 19a-180 shall be construed to be employees
of  the municipality  for  the  benefit  of  which
volunteer fire services or such ambulance services
are  rendered while  in  training  or  engaged  in
volunteer fire duty  or such ambulance service and
shall  be  subject  to  the  jurisdiction  of  the
Workers'  Compensation  Commission  and  shall  be
compensated in accordance  with  the provisions of
chapter  568  for   death,  disability  or  injury
incurred  while in  training  for  or  engaged  in
volunteer fire duty or such ambulance service.
    (b)  For the  purpose  of  this  section,  the
average weekly wage  of  a  volunteer  fireman  or
volunteer   [or   municipal]   ambulance   service
[provider] MEMBER shall  be  construed  to  be the
average production wage in the state as determined
by the Labor  Commissioner under the provisions of
section 31-309.
    (c) For the  purpose  of  this  section, there
shall be no  prorating  of  compensation  benefits
because of other employment by a volunteer fireman
or  volunteer  [or  municipal]  ambulance  service
provider.
    (d) For the  purpose of adjudication of claims
for the payment  of  benefits under the provisions
of chapter 568,  any  condition  of  impairment of
health  occurring  to   an   active  member  of  a
volunteer   fire   department    or   organization
certified as a  volunteer [or municipal] ambulance
service in accordance  with  section 19a-180 while
such member is  in  training  for  or  engaged  in
volunteer fire duty  or  such  ambulance  service,
caused by hypertension  or heart disease resulting
in  death  or  temporary  or  permanent  total  or
partial disability, shall be presumed to have been
suffered in the  line of duty and within the scope
of  his  employment,   provided  such  member  had
previously   successfully   passed    a   physical
examination by a  licensed  physician appointed by
such  department  or   ambulance   service   which
examination failed to  reveal any evidence of such
condition.
    (e) Any member  of a volunteer fire company or
department   or  organization   certified   as   a
volunteer  [or  municipal]  ambulance  service  in
accordance with section  19a-180  performing  fire
duties or such  ambulance  service  pursuant  to a
mutual  aid understanding  between  municipalities
shall be entitled to all benefits pursuant to this
section and shall  be  construed to be an employee
of the municipality  in  which his fire company or
department or such ambulance service is located.
    (f) Any member  of a volunteer fire company or
department and any  person  summoned  by the State
Forest Fire Warden  or  by  any  state forest fire
personnel or district  or deputy fire warden under
the supervision of  the  State  Forest Fire Warden
pursuant  to  section  23-37,  who  performs  fire
duties under the  direction  of  such personnel or
warden  pursuant  to   section   23-37,  shall  be
construed to be  an  employee of the state for the
purpose of receiving  compensation  in  accordance
with the provisions  of  chapter  568  for  death,
disability  or injury  incurred  while  performing
such fire duties under such direction.
    Sec.  5.  Section   7-314b   of   the  general
statutes, as amended  by  section 85 of public act
97-8 of the  June  18 special session, is repealed
and the following is substituted in lieu thereof:
    (a) Any active  member  of  a  volunteer  fire
company or department  engaged  in  volunteer fire
duties or any  active  member  of  an organization
certified as a  volunteer [or municipal] ambulance
service in accordance  with  section  19a-180  may
collect benefits under  the  provisions of chapter
568 based on  the  salary of his employment or the
amount  specified in  subsection  (b)  of  section
7-314a,  AS AMENDED  BY  THIS  ACT,  whichever  is
greater,  if said  firefighter  or  volunteer  [or
municipal] ambulance service  provider  is injured
while engaged in  fire  duties  or  volunteer  [or
municipal] ambulance service.
    (b) As used  in this section, the [term] TERMS
"fire duties" includes  duties  performed while at
fires, answering alarms  of  fire, answering calls
for mutual aid  assistance,  returning  from calls
for  mutual aid  assistance,  AT  FIRE  DRILLS  OR
TRAINING EXERCISES, and  directly  returning  from
fires, [and] "active  member  of  a volunteer fire
company or department" includes all active members
of said fire company or department, fire patrol or
fire and police  patrol  company,  whether paid or
not paid for  their  services, "ambulance service"
includes  answering alarms,  calls  for  emergency
medical service or  [includes]  directly returning
from calls for  the  emergency  situations, duties
performed  while  performing   transportation   or
treatment  services to  patients  under  emergency
conditions, while at  any location where emergency
medical  service is  rendered,  while  engaged  in
drills or training  exercises,  while  at tests or
trials of any apparatus or equipment normally used
in the performance of such medical service drills,
and "active member of an organization certified as
a volunteer [or  municipal]  ambulance  service in
accordance  with  section  19a-180"  includes  all
active members of  said  ambulance service whether
paid or not paid for their services.
    (c) The provisions  of  subsection (a) of this
section  shall  only   apply   if   the  volunteer
firefighter or volunteer  [or municipal] ambulance
service provider is  unable to perform his regular
employment duties.
    Sec. 6. Section  83  of public act 97-8 of the
June 18 special session is repealed.
    Sec. 7. This  act  shall  take  effect July 1,
1997, except that  sections  2  and  3  shall take
effect October 1, 1997.