Substitute House Bill No. 5709
Substitute House Bill No. 5709
PUBLIC ACT NO. 98-133
AN ACT CONCERNING THE MENTAL RETARDATION WORKER
REGISTRY AND APPEALS BY PROVIDERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 156 of public act 97-2 of
the June 18 special session is repealed and the
following is substituted in lieu thereof:
As used in sections 157 to 161, inclusive, of
[this act] PUBLIC ACT 97-2 OF THE JUNE 18 SPECIAL
SESSION:
(1) "Abuse" means the wilful infliction by an
employee of physical pain or injury or the wilful
deprivation of services necessary to the physical
and mental health and safety of a department
client.
(2) "Authorized agency" means any agency
authorized in accordance with the general statutes
to conduct abuse and neglect investigations and
responsible for issuing or carrying out protective
services for persons with mental retardation.
(3) "Commissioner" means the Commissioner of
Mental Retardation.
(4) "Department" means the Department of
Mental Retardation.
(5) "Department client" means a person [with
mental retardation or a person] who IS ELIGIBLE
FOR, AND receives services or funding from, the
department.
(6) "Employee" means any individual employed
(A) by the department, or (B) by an agency,
organization or individual that is licensed or
funded by the department. [and that provides or
hires others to provide services, either directly
or indirectly, to a department client.]
(7) "Employer" means (A) the department, or
(B) an agency, organization or individual that is
licensed or funded by the department. [and that
provides or hires others to provide services to a
department client.]
(8) "Neglect" means the failure by an
employee, through action or inaction, to provide a
department client with the services necessary to
maintain his physical and mental health and
safety.
(9) "Protective services" has the meaning
assigned to it in section 46a-11a.
(10) "Registry" means a centralized data base
containing information regarding substantiated
abuse or neglect.
(11) "Substantiated abuse or neglect" means a
[final decision, pursuant to chapter 54 that]
DETERMINATION BY AN AUTHORIZED AGENCY, FOLLOWING
AN INVESTIGATION CONDUCTED OR MONITORED BY SUCH
AGENCY, THAT (A) abuse or neglect of a department
client has occurred, or (B) there has been a
criminal conviction of a felony or misdemeanor
involving abuse or neglect.
Sec. 2. Section 157 of public act 97-2 of the
June 18 special session is repealed and the
following is substituted in lieu thereof:
(a) The Department of Mental Retardation
shall establish and maintain a registry of
individuals who have been terminated or separated
from employment as a result of substantiated abuse
or neglect. The department shall, for the purposes
of maintaining the registry, be capable of
responding to inquiries, including response by
telephone voice mail or other automated response
for initial inquiries, as to whether an individual
has been terminated or separated from employment
as a result of substantiated abuse or neglect.
(b) The registry shall include, but not be
limited to, the following: (1) The names,
addresses and Social Security numbers of those
individuals terminated or separated from
employment as a result of substantiated abuse or
neglect; (2) the date of termination or
separation; (3) the type of abuse or neglect; and
(4) the name of any employer or authorized agency
requesting information from the registry, the
reason for the request and the date of the
request.
(c) The department shall make information in
the registry, other than limited information
available through an automated response to an
initial inquiry, available only to: (1) Authorized
agencies, for the purpose of protective service
determinations; or (2) employers [seeking to
employ a person] WHO EMPLOY INDIVIDUALS to provide
services to a department client.
(d) The department shall limit responses to
requests for identifying information from the
registry established under this section to (1)
identification of the individual terminated or
separated from employment for substantiated abuse
or neglect, and (2) the type of abuse or neglect
so substantiated.
(e) Not later than five business days
following [an employee's termination or separation
from employment for abuse or neglect] RECEIPT OF
WRITTEN NOTIFICATION BY AN AUTHORIZED AGENCY OF
THE SUBSTANTIATION OF ABUSE OR NEGLECT BY AN
EMPLOYEE WHO HAS BEEN TERMINATED OR SEPARATED FROM
EMPLOYMENT FOR SUCH ABUSE OR NEGLECT, an employer
shall submit to the department the name of such
employee and such other information as the
department may request. Upon receipt of
notification of such termination or separation,
the department shall [make an initial
determination as to whether to place an
individual's name on the registry. If an initial
determination warrants placing an individual's
name on the registry, the department shall give
the individual notice and an opportunity to be
heard and shall not place the individual's name on
the registry until it has substantiated the abuse
or neglect pursuant to chapter 54 governing
contested cases] CONDUCT A HEARING IN ACCORDANCE
WITH SECTIONS 4-177 TO 4-181a, INCLUSIVE, AS
AMENDED, GOVERNING CONTESTED CASES. THE DEPARTMENT
SHALL NOT PLACE AN INDIVIDUAL'S NAME ON THE
REGISTRY UNTIL THE DEPARTMENT HAS COMPLETED THE
HEARING AND THE HEARING HAS RESULTED IN A DECISION
TO PLACE THE INDIVIDUAL'S NAME ON THE REGISTRY.
(f) THE DEPARTMENT SHALL REMOVE AN EMPLOYEE'S
NAME FROM THE REGISTRY IF AN ARBITRATION OR A
LEGAL PROCEEDING RESULTS IN A FINDING THAT THE
EMPLOYEE WAS UNFAIRLY TERMINATED FROM EMPLOYMENT.
[(f)] (g) No employer shall be liable in any
civil action for damages brought by an employee or
an applicant for employment whose name appears on
the registry established by this section arising
out of the conduct of the employer in (1) making
any report in good faith pursuant to subsection
(e) of this section, (2) testifying under oath in
any administrative or judicial proceeding arising
from such report, (3) refusing to hire or to
retain any individual whose name appears on the
registry established under this section, or (4)
taking any other action to conform to the
requirements of this section. The immunity
provided in this subsection shall not apply to
gross negligence or to wilful or wanton
misconduct.
Sec. 3. Section 158 of public act 97-2 of the
June 18 special session is repealed and the
following is substituted in lieu thereof:
[(a)] No employer shall hire [or retain an
individual without first inquiring of the
department as to whether the individual's] AN
INDIVIDUAL WHOSE name appears on the registry and
no employer shall [hire or] retain an individual
[whose] AFTER RECEIVING NOTICE THAT AN
INDIVIDUAL'S name so appears.
[(b) No person shall inquire of the department
as to whether an individual's name appears on the
registry except for the purposes authorized under
subsection (c) of section 157 of this act.]
Sec. 4. Section 160 of public act 97-2 of the
June 18 special session is repealed and the
following is substituted in lieu thereof:
The Department of Mental Retardation [may]
SHALL adopt regulations in accordance with the
provisions of chapter 54 to implement the
provisions of sections 156 to 160, inclusive, of
[this act] PUBLIC ACT 97-2 OF THE JUNE 18 SPECIAL
SESSION, AS AMENDED BY THIS ACT.
Approved May 27, 1998