House Bill No. 7501

June Special Session, Public Act No. 99-2

An Act Concerning Public Health Expenditures; Department of Mental Health and Addiction Services Transportation Costs, Centers, Vendor Payments and Information on Arrested Persons; Tobacco Settlement Funds; Dental Clinics; Community Health Centers; Access to Agency Data; Nail Technician and other Licensure Requirements; Studies of Prostate, Breast and Cervical Cancer; School Coaches; Body Piercing; Needle Exchange; Water Supply; Day Care Workers; a Medical Insurance Study; an AIDS Drug Program; Loan Funds for Hospitals; the Office of Child Advocate; the Child Fatality Review Panel; State Employee Death Benefits; Lottery Sales; Sexual Offenders; Pharmacy Computer Problems; HIV Testing; Notification of Medical Test Results; and Technical Changes.

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

Section 1. (NEW) For the fiscal year ending June 30, 2000, any funds appropriated in excess of the requirements of sections 19a-202, 19a-202a and 19a-245 of the general statutes, shall be distributed based on the pro rata share that the funding under each section bears to the total for these sections.

Sec. 2. Section 47 of public act 99-284 is repealed and the following is substituted in lieu thereof:

Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes delivered, issued for delivery, renewed or continued in this state on or after January 1, 2000, shall provide coverage for Lyme disease treatment including not less than thirty days of intravenous antibiotic therapy, sixty days of oral antibiotic therapy, or both, and shall provide further treatment if recommended by a board certified rheumatologist, infectious disease specialist or neurologist licensed in accordance with chapter 370 of the general statutes or who is licensed in another state or jurisdiction whose requirements for practicing in such capacity are substantially similar to or higher than those of this state.

Sec. 3. Section 48 of public act 99-284 is repealed and the following is substituted in lieu thereof:

Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes delivered, issued for delivery, renewed or continued in this state on or after January 1, 2000, shall provide coverage for Lyme disease treatment including not less than thirty days of intravenous antibiotic therapy, sixty days of oral antibiotic therapy, or both, and shall provide further treatment if recommended by a board certified rheumatologist, infectious disease specialist or neurologist licensed in accordance with chapter 370 of the general statutes or who is licensed in another state or jurisdiction whose requirements for practicing in such capacity are substantially similar to or higher than those of this state.

Sec. 4. Section 19a-124 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Department of Public Health shall establish needle and syringe exchange programs in the health departments of the three cities having the highest total number of cases of acquired immunodeficiency syndrome among intravenous drug users as of December 31, 1991. The department shall establish, with the assistance of the health departments of the cities selected for the programs, protocols in accordance with the provisions of subsection (b) of this section. The department and the city health departments shall evaluate the effectiveness of the programs based on the criteria specified by the Department of Public Health. The department may authorize similar programs in other areas of the state, as determined by the commissioner, through local health departments or other local organizations.

(b) The programs shall: (1) [be] Be incorporated into existing acquired immunodeficiency syndrome prevention and outreach projects in the selected cities; [,] (2) provide for free and anonymous exchanges of needles and syringes and (A) provide that program participants receive an equal number of needles and syringes for those returned, up to a cap of [ten] thirty needles and syringes per exchange, (B) provide that first-time applicants to the program receive an initial packet of thirty needles and syringes, educational material and a list of drug counseling services; and (C) assure, through program-developed and commissioner-approved protocols, that a person receive only one such initial packet over the life of the program; (3) offer education on the transmission of the human immunodeficiency virus and prevention measures and assist program participants in obtaining drug treatment services; and (4) for the first year of operation of the program, require all needles and syringes to be marked and checked for return rates.

(c) The commissioner shall require programs to include an evaluation component during the first year of operation [,] to monitor (1) return rates of needles and syringes distributed, (2) behavioral change of program participants, such as needle sharing and the use of condoms, (3) program participation rates and the number of participants who are motivated to enter treatment as a result of the program and the status of their treatment, and (4) the incidence of intravenous drug use to see if there is a change as a result of the program. The department shall establish evaluation and monitoring requirements to be applied to subsequent years of the programs.

(d) The health department of each city selected for a needle and syringe exchange program or the person conducting the program shall submit a report evaluating the effectiveness of the program to the Department of Public Health. The department shall compile all information received on the programs and 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.

Sec. 5. Subparagraph (A) of subdivision (20) of section 21a-240 of the general statutes is repealed and the following is substituted in lieu thereof:

(20) (A) "Drug paraphernalia" refers to equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing or concealing, or injecting, ingesting, inhaling or otherwise introducing into the human body, any controlled substance contrary to the provisions of this chapter including, but not limited to: (i) Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (ii) kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances; (iii) isomerization devices used, intended for use in increasing the potency of any species of plant which is a controlled substance; (iv) testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of controlled substances; (v) dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances; (vi) separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (vii) capsules and other containers used, intended for use or designed for use in packaging small quantities of controlled substances; (viii) containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; (ix) in a quantity greater than [ten] thirty hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body; (x) objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with screens, permanent screens, hashish heads or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips: Meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs or ice pipes or chillers.

Sec. 6. 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 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. 7. Section 5-144 of the general statutes is repealed and the following is substituted in lieu thereof:

If any state employee, state officer or member of the General Assembly serving with compensation or remuneration sustains an injury while acting within the scope of [his] such employee's, officer's or member's employment, which injury is not the result of [his] such employee's, officer's or member's own wilful or wanton act, and dies as a result of such injury, or if any person employed by a nonprofit organization providing services pursuant to a contract with a state agency is the victim of a homicide after September 15, 1998, while acting within the scope of such person's employment, and a spouse and a dependent child or children under eighteen years of age survive [him] such employee, officer, member or person, the Comptroller, upon the recommendation of the appointing authority, and with the approval of the Attorney General, shall draw [his] an order on the Treasurer for the sum of one hundred thousand dollars, payable in equal monthly instalments over a period of not less than ten years to [such employee's or officer's or member's] the spouse of such employee, officer, member or person, provided any such payments shall terminate on the death or remarriage of such spouse within said ten-year period, and the Comptroller, upon the recommendation of the appointing authority and with the approval of the Attorney General, shall also draw an order on the Treasurer for monthly payments of fifty dollars for each dependent child under eighteen years of age, payable to such spouse or the guardian of such child or children until such child or children reach eighteen years of age. If such employee, [or] officer, [or] member or person leaves a spouse and no child or children under eighteen years of age, the Comptroller, upon the recommendation of the appointing authority and with the approval of the Attorney General, shall draw an order on the Treasurer for the sum of fifty thousand dollars payable in equal monthly instalments over a period of not less than ten years [,] to such spouse, provided any such payments shall terminate on the death or remarriage of such spouse within such ten-year period. If such employee, [or] officer, [or] member or person leaves no spouse and no child or children under eighteen years of age but leaves a parent or parents dependent upon [him] such employee, officer, member or person, the Comptroller, upon recommendation of the appointing authority and with the approval of the Attorney General, shall draw an order on the Treasurer for the sum of fifty thousand dollars [,] payable to [such employee's or officer's or member's] the parent or parents of such employee, officer, member or person in equal monthly instalments over a period of not less than ten years, provided, on the death of one such parent, the surviving parent shall continue to receive the entire monthly payments under the provisions of this section and provided such payments shall cease on the death of both such parents during such ten-year period. As used in this section and section 5-145, the appointing authority for members of the General Assembly shall be the president pro tempore of the Senate and the speaker of the House of Representatives, [. The] the appointing authority for state officers shall be the Governor and the appointing authority for a person employed by a nonprofit organization providing services to the state pursuant to a contract with a state agency shall be the agency head of that agency.

Sec. 8. Section 46a-13l of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Child Advocate shall:

(1) Evaluate the delivery of services to children by state agencies and those entities that provide services to children through funds provided by the state;

(2) Review periodically the procedures established by any state agency providing services to children to carry out the provisions of sections 46a-13k to 46a-13q, inclusive, as amended by this act, with a view toward the rights of the children and recommend revisions to such procedures;

(3) Review complaints of persons concerning the actions of any state or municipal agency providing services to children and of any entity that provides services to children through funds provided by the state, make appropriate referrals and investigate those where [it appears] the Child Advocate determines that a child or family may be in need of assistance from the Child Advocate or that a systemic issue in the state's provision of services to children is raised by the complaint;

(4) Periodically review the facilities and procedures of any and all institutions or residences, public or private, where a juvenile has been placed [either by the Family Division of the Superior Court or the Department of Children and Families] by any agency or department;

(5) Recommend changes in state policies concerning children including changes in the system of providing juvenile justice, child care, foster care and treatment;

(6) Take all possible action including, but not limited to, conducting programs of public education, undertaking legislative advocacy and making proposals for systemic reform and formal legal action, in order to secure and ensure the legal, civil and special rights of children who reside in this state;

(7) Provide training and technical assistance to attorneys representing children and guardians ad litem appointed by the [Family Division of the Superior Court to represent children in proceedings before that court] Superior Court;

(8) Periodically review the number of special needs children in any foster care or permanent care facility and recommend changes in the policies and procedures for the placement of such children;

(9) Serve or designate a person to serve as a member of the child fatality review panel established in subsection (b) of this section; and

(10) Take appropriate steps to advise the public of the services of the Office of the Child Advocate, the purpose of the office and procedures to contact the office.

(b) There is established a child fatality review panel composed of seven permanent members as follows: A pediatrician, appointed by the Governor; a representative of law enforcement, appointed by the president pro tempore of the Senate; the Child Advocate, or [his] a designee; a public child welfare practitioner, appointed by the minority leader of the Senate; a representative of a community service group appointed by the speaker of the House of Representatives; a medical examiner, appointed by the minority leader of the House of Representatives; and the Chief State's Attorney, or [his] a designee. A majority of the panel may select not more than two additional temporary members with particular expertise or interest to serve on the review of a specific fatality. Such temporary members shall have the same duties and powers as the permanent members of the panel. The chairperson shall be elected from among the panel's permanent members. The panel shall, to the greatest extent possible, reflect the ethnic, cultural and geographic diversity of the state.

(c) The panel shall review the circumstances of the death of a child [who has received services from a state department or agency addressing child welfare, social or human services or juvenile justice] placed in out-of-home care or whose death was due to unexpected or unexplained causes to facilitate development of prevention strategies to address identified trends and patterns of risk and to improve coordination of services for children and families in the state. Members of the panel shall not be compensated for their services, but may be reimbursed for necessary expenses incurred in the performance of their duties.

(d) On or before January 1, 2000, and annually thereafter, the panel shall issue an annual report which shall include its findings and recommendations to the Governor and the General Assembly on its review of child fatalities for the preceding year.

(e) Upon request of two-thirds of the members of the panel and within available appropriations, the Governor, the General Assembly or at the Child Advocate's discretion, the Child Advocate shall conduct an in-depth investigation and review and issue a report with recommendations on the death or critical incident of a child. The report shall be submitted to the Governor, the General Assembly and the commissioner of any state agency cited in the report and shall be made available to the general public.

Sec. 9. Section 46a-13n of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The name, address and other personally identifiable information of a person who makes a complaint to the Child Advocate as provided in section 46a-13l, as amended by this act, all information obtained or generated by the office in the course of an investigation and all confidential records obtained by the Child Advocate or [his] a designee shall be confidential and shall not be subject to disclosure under the Freedom of Information Act or otherwise, except that such information and records, other than confidential information concerning a pending law enforcement investigation or a pending prosecution, may be disclosed if the Child Advocate determines that disclosure is (1) in the general public interest or (2) necessary to enable the Child Advocate to perform his responsibilities under subsection (a) of section 46a-13l, [provided in no event shall the name, address or other personally identifiable information of a person be disclosed without the consent of such person] as amended by this act. If the Child Advocate determines that disclosure of confidential information is not in the public interest but is necessary to enable [him] the Child Advocate to perform [his] responsibilities under subsection (a) of section 46a-13l, as amended by this act, or to identify, prevent or treat the abuse or neglect of a child, [he] the Child Advocate may disclose such information to the appropriate agency responsible for the welfare of such child.

(b) No state or municipal agency shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a complaint to the Child Advocate or cooperates with the Office of the Child Advocate in an investigation.

Sec. 10. (NEW) From the effective date of this act until June 30, 2001, the chief executive officer of a municipality, may certify in writing to the president of the Connecticut Lottery Corporation that a "Powerball Emergency" has occurred. The president shall independently verify the existence of such emergency and upon making such determination may order a suspension of sales of Powerball tickets in that municipality for a twenty-four hour period. Such period shall commence on the next succeeding day of Powerball sales. For the purposes of this section, a "Powerball Emergency" shall exist only if it is found that the sales of Powerball tickets are so great as to impede traffic, limit the movement of emergency vehicles and equipment and create a risk of imminent breach of the peace and the threat to public health and safety.

Sec. 11. (NEW) (a) No person may perform body piercing on an unemancipated minor under eighteen years of age without the written permission of the minor's parent. For purposes of this subsection, "body piercing" means piercing or creating a channel through any part of the body other than the ear lobe for the purpose of inserting a decorative object, and "ear lobe" means the lower portion of the auricle having no cartilage.

(b) Any municipal health authority established under chapter 368c of the general statutes and any district department of health established under section 368f of the general statutes may, within its available resources, enforce the provisions of this section.

Sec. 12. The Commissioner of Public Health may, within available appropriations, study the feasibility and need for a program addressing prostate screening of uninsured men. The commissioner shall submit findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to public health and appropriations not later than January 2, 2001.

Sec. 13. The sum of two hundred thousand dollars appropriated to the Department of Public Health, For Other Expenses for the fiscal years ending June 30, 2000, and June 30, 2001, in sections 1 and 11 of special act 99-10 to provide funding to community dental clinics and school based dental clinics for the purpose of providing dental services to the uninsured. The appropriation shall be distributed to seven clinics as follows: Twenty-five thousand dollars in each year of the biennium, to an existing community dental clinic in the cities of New Haven, Norwich, Waterbury and Willimantic. Twenty-five thousand dollars in each year of the biennium, to an existing school based dental clinic in the cities of Bridgeport, Stamford and Hartford. Twenty-five thousand dollars in each year of the biennium to a school based dental clinic to be selected by the Commissioner of Public Health.

Sec. 14. The Commissioner of Public Health, in consultation with the Insurance Commissioner and the Commissioner of Social Services, shall review the programs and services administered or provided by the Department of Public Health in order to consider the appropriateness of funding treatment for persons identified through the existing state screening program for breast and cervical cancer. The commissioner shall submit findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to public health and appropriations not later than February 9, 2000.

Sec. 15. Subsection (b) of section 19a-493 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) A nursing home license may be renewed biennially after (1) an unscheduled inspection conducted by the department, (2) submission of the information required by subsections (a) and (c) of section 19a-491a and any other information required by the commissioner pursuant to subsection (b) of said section, and (3) submission of evidence satisfactory to the department that the nursing home is in compliance with the provisions of this chapter, the Public Health Code and licensing regulations. Any change in the ownership of an institution, as defined in said subsection (c) of section 19a-490, owned by an individual, partnership or association or the change in ownership or beneficial ownership of ten per cent or more of the stock of a corporation which owns, conducts, operates or maintains such facility or institution, shall be subject to prior approval of the Department of Public Health after a scheduled inspection of such facility is conducted by the department, provided such approval shall be conditioned upon a showing by such facility or institution to the commissioner that it has complied with all requirements of this chapter, the regulations relating to licensure and all applicable requirements of the Public Health Code. Any such change in ownership or beneficial ownership resulting in a transfer to a person related by blood or marriage to such an owner or beneficial owner shall not be subject to prior approval of the department unless (1) ownership or beneficial ownership of ten per cent or more of the stock of a corporation, partnership or association which owns, conducts, operates or maintains more than one facility or institution is transferred; (2) ownership or beneficial ownership is transferred in more than one facility or institution; or (3) the facility or institution is the subject of a pending complaint, investigation or licensure action. If the facility is not in compliance, the commissioner may require the new owner to sign a consent order providing reasonable assurances that the violations shall be corrected within a specified period of time. Notice of any such proposed change of ownership shall be given to the Department of Public Health at least ninety days prior to the effective date of such proposed change. For the purposes of this subsection "a person related by blood or marriage" means a parent, spouse, [or] child, brother, sister, aunt, uncle, niece or nephew. For the purposes of this subsection, a change in the legal form of the ownership entity, including, but not limited to, changes from a corporation to a limited liability company, a partnership to a limited liability partnership, a sole proprietorship to a corporation and similar changes, shall not be considered a change of ownership if the beneficial ownership remains unchanged and the owner provides such information regarding the change to the Department of Public Health as may be required by the department in order to properly identify the current status of ownership and beneficial ownership of the facility.

Sec. 16. Section 17a-459 of the general statutes is repealed and the following is substituted in lieu thereof:

The Connecticut Mental Health Center shall be a facility of the Department of Mental Health and Addiction Services [. It shall be operated by the Department of Mental Health and Addiction Services] and shall include the Connecticut Mental Health Center in New Haven and such satellite locations as the department may approve. The department shall operate the center in collaboration with Yale University under mutual agreement of [said] the parties. [Patient admissions to said center] The department may provide treatment at the center to adults, children or youth with psychiatric disabilities, substance abuse disabilities or both such disabilities. Admissions shall be within the control of the Commissioner of Mental Health and Addiction Services and no court may commit or transfer any person to or place or confine any person in [said] the center without the approval of the commissioner or [his] the commissioner's designee.

Sec. 17. (NEW) (a) The Department of Public Health may develop and implement a comprehensive training program designed to reach all health care providers who are required by the provisions of sections 19a-593, 19a-555 and 19a-90 of the general statutes, as amended by this act, to provide counseling or testing for HIV of pregnant women or newborns. The training program may include instruction on but not be limited to: The requirements of the provisions of sections 19a-593, 19a-555 and 19a-90 of the general statutes, as amended by this act; the requirements of chapter 368x of the general statutes; the benefits of such HIV testing for pregnant women; the possible interventions to prevent HIV transmission from a pregnant woman and her fetus or newborn; the side effects of such interventions; appropriate protocols for the counseling, testing and treatment of adolescents and their newborns; the statutory confidentiality provisions that relate to adolescents; resources available for health care, case management, counseling and treatment for people with HIV and AIDS; and, the sanctions for violation of the provisions of sections 19a-593, 19a-555 and 19a-90 of the general statutes, as amended by this act; and of chapter 368x of the general statutes.

(b) The Department of Public Health may develop educational materials for women subject to the provisions of sections 19a-593, 19a-555 and 19a-90 of the general statutes, as amended by this act, and distribute such materials to any health care provider subject to the provisions of sections 19a-593, 19a-555 and 19a-90 of the general statutes, as amended by this act. These materials shall be in plain language and shall be, whenever possible, in the first language of the recipient of the materials. The materials may include, but not be limited to: An explanation of the provisions of sections 19a-593, 19a-555 and 19a-90 of the general statutes, as amended by this act; a description of the provisions of chapter 368x of the general statutes; the appropriate confidentiality provisions of the statute that refer to minors; a list of health care and support services for people with HIV/AIDS; and a toll-free number to report any violations of the statutes by providers. Each health care provider subject to the provisions of sections 19a-593, 19a-555 and 19a-90 of the general statutes, as amended by this act, shall give each woman who they counsel or test for HIV or whose newborn they test for HIV a copy of such educational materials.

(c) Any health care provider who performs an HIV test on a newborn under the provisions of sections 19a-593, 19a-555 and 19a-90 of the general statutes, as amended by this act, shall report the results of such test to the mother of such newborn before the mother leaves the hospital or within forty-eight hours of the birth of such newborn whichever is sooner. Such provider shall refer any women whose newborn tests positive for HIV to an HIV case manager and an appropriate health care provider. Such provider shall also give the woman a list of support services for people with HIV and AIDS.

Sec. 18. (NEW) No child shall be referred to the Department of Children and Family solely on the basis of a positive HIV test.

Sec. 19. Subsection (a) of section 20-411 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except as provided in subsection (b) of this section no person shall be licensed under this chapter until he has successfully passed a written examination, the subject and scope of which shall be determined by the commissioner. Application for such examination shall be on forms prescribed and furnished by the department and accompanied by satisfactory proof that he: (1) Is of good professional character; (2) possesses a master's or doctorate degree in speech pathology or audiology from a program accredited, at the time of the applicant's graduation, by the educational standards board of the American Speech Language-Hearing Association or such successor organization as may be approved by the department, or has completed an integrated educational program which, at the time of the applicant's completion, satisfied the educational requirements of said organization for the award of a certificate of clinical competence; (3) has had a minimum of thirty-six weeks and one thousand eighty hours of full-time or a minimum of forty-eight weeks and one thousand four hundred forty hours of part-time professional employment in speech pathology or audiology under the supervision of a licensed or certified speech pathologist or audiologist. Such employment shall follow the completion of the educational requirements of subdivision (2) of this subsection. Persons engaged in such employment under the direct supervision of a person holding a valid hearing instrument specialist's license or as an audiologist under chapter 399 who is authorized to fit and sell hearing aids pursuant to section 20-398 shall not be required to obtain a temporary permit pursuant to section 20-400, as amended by this act. Full-time employment means a minimum of thirty hours a week and part-time employment means a minimum of fifteen hours a week.

Sec. 20. (a) The Department of Correction shall report to the Office of Policy and Management, the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the Department of Mental Health and Addiction Services, by October 1, 1999, the anticipated number of incarcerated individuals that will be released from correctional facilities during the fiscal year ending June 30, 2001, who may require services from the Department of Mental Health and Addiction Services.

(b) The Department of Correction shall report to the Office of Policy and Management, the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the Department of Mental Retardation, by October 1, 1999, the anticipated number of incarcerated individuals that will be released from correctional facilities during the fiscal year ending June 30, 2001, who may require services from the Department of Mental Retardation.

(c) The Department of Children and Families shall report to the Office of Policy and Management, the joint standing committee of the General Assembly having cognizance of matters relating to appropriations, the Department of Mental Health and Addiction Services and the Department of Mental Retardation by October 1, 1999, the anticipated number of clients that will be aging out of the department's programs during the fiscal year ending June 30, 2001, who may require services from the Department of Mental Health and Addiction Services.

(d) The Department of Mental Retardation shall report to the Office of Policy and Management, the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the Department of Mental Health and Addiction Services, by October 1, 1999, the anticipated number of Department of Mental Retardation clients who, during the fiscal year ending June 30, 2001, may require services from the Department of Mental Health and Addiction Services.

Sec. 21. Subdivision (8) of section 52-146f of the general statutes is repealed and the following is substituted in lieu thereof:

(8) If a provider of behavioral health services that contracts with the Department of Mental Health and Addiction Services requests payment, the name and address of the person, a general description of the types of services provided, and the amount requested shall be disclosed to the department, provided notification that such disclosure will be made is sent, in writing, to the person [not less than thirty days] at the earliest opportunity prior to such disclosure. In cases where a dispute arises over the fees or claims, or where additional information is needed to substantiate the claim, the disclosure of further information shall be limited to additional information necessary to clarify only the following: (A) That the person in fact received the behavioral health services in question, (B) the dates of such services, and (C) a general description of the types of services. Information the department receives pursuant to this subdivision shall be disclosed only to federal or state auditors and only as necessary for the purposes of auditing.

Sec. 22. Section 17a-528 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) When any person is found to have psychiatric disabilities, and is committed to a state hospital for psychiatric disabilities, upon proceedings had under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, all fees and expenses incurred upon the probate commitment proceedings, payment of which is not otherwise provided for under said sections, shall be paid by the state within available appropriations from funds appropriated to the Department of Mental Health and Addiction Services in accordance with rates established by said department; and, if such person is found not to have psychiatric disabilities, such fees and expenses shall be paid by the applicant.

(b) [The] Within available appropriations, the expenses, if any, of necessary transportation (1) from a state-aided, town-aided or other municipal-aided hospital to a state-operated facility, as defined in section 17a-458, for detention of any person under section 17a-502; (2) for any voluntary patient who wishes to have emergency treatment for conditions defined in section 17a-502 at any such state-operated facility; (3) for any patient who has been released on leave from any such state-operated facility and wishes to return; or (4) for persons authorized by the Department of Mental Health and Addiction Services to receive inpatient psychiatric services in a facility under contract with the department to provide such services, shall be paid by the state, unless, after investigation, the Department of Administrative Services determines such person is able to pay for the same. The presence of an appropriate emergency certificate under section 17a-502 shall be sufficient for payment by the state under subdivision (1) of this subsection, regardless of the eventual commitment or noncommitment of the person to the facility. The Commissioner of Mental Health and Addiction Services may adopt regulations concerning the payment of transportation expenses by the state under this subsection.

(c) The expenses of medically necessary transportation from any facility operated by the state to any other such facility shall be assumed by the facility which initiated the transfer of such person.

Sec. 23. Subsection (a) of section 17a-679 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Department of Mental Health and Addiction Services [shall] 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 or general assistance benefits which cover the transportation services provided.

Sec. 24. Section 17b-349 of the general statutes is amended by adding subsections (d) and (e) as follows:

(NEW) (d) For the fiscal year ending June 30, 2000, 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 equivalent to base grant awards made in the fiscal year ending June 30, 1999, 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) (e) For the fiscal year ending June 30, 2001, 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 equivalent to base grant awards made in the fiscal year ending June 30, 1999, 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. 25. Subsection (a) of section 20-74ee of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of a physician licensed pursuant to chapter 370, an osteopathic physician licensed pursuant to chapter 371, a chiropractor licensed pursuant to chapter 372, a natureopath licensed pursuant to chapter 373, a podiatrist licensed pursuant to chapter 375, a dentist licensed pursuant to chapter 379 or a veterinarian licensed pursuant to chapter 384. Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of a dental hygienist licensed pursuant to chapter 379 provided that such dental hygienist is engaged in the taking of dental x-rays under the general supervision of a dentist licensed pursuant to chapter 379. Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of a dental assistant as defined in section 20-112a, provided such dental assistant is engaged in the taking of dental x-rays under the supervision and control of a dentist licensed pursuant to chapter 379 and can demonstrate by January 1, 1996, successful completion of the dental radiography portion of an examination prescribed by the Dental Assisting National Board. Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of a Nuclear Medicine Technologist certified by the Nuclear Medicine Technology Certification Board or the American Registry of Radiologic Technologists, provided such individual is engaged in the operation of a bone densitometry system under the supervision, control and responsibility of a physician licensed pursuant to chapter 370 or an osteopathic physician licensed pursuant to chapter 371. Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of a podiatric medical assistant, provided such podiatric assistant is engaged in taking of podiatric x-rays under the supervision and control of a podiatrist licensed pursuant to chapter 375 and can demonstrate successful completion of the podiatric radiography exam as prescribed by the Connecticut Board of Podiatry Examiners.

Sec. 26. (NEW) (a) There is created a Tobacco Settlement Fund which shall be a separate nonlapsing fund. Any funds received by the state from the Master Settlement Agreement executed November 23, 1998, shall be deposited into the fund.

(b) The Treasurer is authorized to invest all or any part of the Tobacco Settlement Fund and all or any part of the Tobacco and Health Trust Fund created in section 27 of this act. The interest derived from any such investment shall be credited to the resources of the fund from which the investment was made.

(c) For the fiscal years ending June 30, 2000, and June 30, 2001, annual disbursements from the Tobacco Settlement Fund shall be made as follows: (1) First to the General Fund in the amount identified as "Transfer from Tobacco Settlement Fund" in the General Fund revenue schedule adopted by the General Assembly; and (2) second to the Tobacco and Health Trust Fund in an amount equal to twenty million dollars.

(d) Notwithstanding the provisions of subdivision (2) of subsection (c) of this section, for the fiscal year ending June 30, 2000, five million dollars shall be disbursed from the Tobacco Settlement Fund to a Tobacco Grant account to be established in the Office of Policy and Management. Such funds shall not lapse on June 30, 2000, and shall continue to be available for expenditure during the fiscal year ending June 30, 2001.

(e) Grants shall be made by the Secretary of the Office of Policy and Management in consultation with the speaker of the House of Representatives, the president pro tempore of the Senate, the majority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, the minority leader of the Senate, and the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies, or their designees. Such grants shall be used to reduce tobacco abuse through prevention, education, cessation, treatment, enforcement and health needs programs.

Sec. 27. (NEW) There is created a Tobacco Health Trust Fund which shall be a separate nonlapsing fund. The trust fund may accept transfers from the Tobacco Settlement Fund and may apply for and accept gifts, grants or donations from public or private sources to enable the trust fund to carry out its objectives.

Sec. 28. Subsections (a) and (b) of section 17a-248b of the general statutes are repealed and the following is substituted in lieu thereof:

(a) The lead agency shall establish a State Interagency Birth-to-Three Coordinating Council and shall provide staff assistance and other resources to such council. The council shall consist of the following members, appointed by the Governor: (1) Six parents, including minority parents, of children with disabilities twelve years of age or younger, with knowledge of, or experience with, programs for children from birth to thirty-six months of age with disabilities, at least one of whom shall be a parent of a child six years of age or younger, with a disability; (2) two members of the General Assembly at the time of their appointment, one of whom shall be designated by the speaker of the House of Representatives and one of whom shall be designated by the president pro tempore of the Senate; (3) one person involved in the training of personnel who provide early intervention services; (4) one person who is a member of the American Academy of Pediatrics; (5) one person from each of the participating state agencies, who shall be designated by the commissioner or executive director of the agency and who have authority to engage in policy planning and implementation on behalf of the agency; (6) five approved providers of early intervention services; and (7) a representative of a Head Start program or agency. The Governor shall designate the chairperson of the council who shall not be the designee of the lead agency.

(b) The Governor shall appoint [one-third of the initial members for terms of one year, one-third of such members for terms of two years and one-third of such members for terms of three years. Upon the expiration of the terms of such initial members,] all members [shall be appointed] for terms of three years.

Sec. 29. Section 19a-593 of the general statutes is repealed and the following is substituted in lieu thereof:

[Every obstetrician-gynecologist giving prenatal care to pregnant women in this state shall notify such pregnant women of the availability of AIDS testing.]

(a) Each health care provider giving prenatal care to pregnant women in this state shall inform her, or ascertain from the woman's medical record that such information has already been provided to her, that HIV testing is a part of routine prenatal care and shall inform her of the health benefits to herself and her newborn of being tested for HIV infection. Such information shall be conveyed along with the counseling required by section 19a-582. The health care provider shall inform the patient that HIV-related information is confidential pursuant to section 19a-583. If the patient provides informed consent to an HIV-related test consistent with section 19a-582, the health care provider responsible for HIV counseling under this section shall perform or arrange to have performed an HIV-related test and document the test result in the medical record.

(b) If, during the current pregnancy, an HIV-related test has not been documented in the patient's medical record at admission for delivery of the baby, then the health care provider responsible for the patient's care shall inform the pregnant woman as required under subsection (a) of this section and shall also inform her of the health benefits to herself and her newborn of being tested for HIV infection either before delivery or within twenty-four hours after delivery and, in the absence of specific written objection, shall cause such test to be administered.

Sec. 30. Section 19a-55 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The administrative officer or other person in charge of each institution caring for newborn infants [twenty-eight days or less of age] shall cause to have administered to every such infant in its [or his] care an HIV-related test, as defined in section 19a-581, a test for phenylketonuria, hypothyroidism, galactosemia, sickle cell disease, maple syrup urine disease, homocystinuria, biotinidase deficiency, congenital adrenal hyperplasia and such other tests for inborn errors of metabolism as shall be prescribed by the Department of Public Health. The tests shall be administered as soon after birth as is medically appropriate. If the mother has had an HIV-related test pursuant to section 19a-90 or 19a-593, as amended by this act, the person responsible for testing under this section may omit an HIV-related test. The Commissioner of Public Health shall (1) administer the newborn screening program, (2) direct persons identified through the screening program to appropriate specialty centers for treatments, consistent with any applicable confidentiality requirements, and (3) set the fees to be charged to institutions to cover all expenses of the comprehensive screening program including testing, tracking and treatment. The commissioner shall adopt regulations specifying the abnormal conditions to be tested for and the manner of recording and reporting results.

(b) The provisions of this section shall not apply to any infant whose parents object to the test or treatment as being in conflict with their religious tenets and practice.

Sec. 31. Section 19a-90 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each physician giving prenatal care to a pregnant woman in this state during gestation shall take or cause to be taken a blood sample of each such woman within thirty days from the date of the first examination and during the final trimester between the twenty-sixth and twenty-eighth week of gestation or shortly thereafter subject to the provisions of this section, and shall submit such sample to an approved laboratory for a standard serological test for syphilis and an HIV-related test, as defined in section 19a-581, provided consent is given for the HIV-related test consistent with section 19a-582. Each other person permitted by law to attend upon pregnant women in the state, but not permitted by law to take blood tests, shall cause a blood sample of each pregnant woman so attended to be taken by a licensed physician in accordance with the time schedule and requirements of this section and such sample shall be submitted to an approved laboratory for a standard serological test for syphilis and an HIV-related test, provided consent is given for the HIV-related test consistent with section 19a-582. A blood sample taken at the time of delivery shall not meet the requirement for a blood sample during the final trimester. The term "approved laboratory" means a laboratory approved for this purpose by the Department of Public Health. A standard serological test for syphilis is a test recognized as such by the Department of Public Health. The laboratory tests required by this section shall be made on request without charge by the Department of Public Health.

(b) The provisions of this section shall not apply to any woman who objects to a blood test as being in conflict with her religious tenets and practices.

Sec. 32. (NEW) The Department of Public Health may establish a registry of data on infants who have been exposed to HIV or AIDS medication. The registry may study the potential long-term effects of such medication on such infants.

Sec. 33. Subsection (b) of section 19a-7 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) For the purposes of establishing a state health plan as required by subsection (a) of this section and consistent with state and federal law on patient records, [including but not limited to the Office of Health Care Access regulations on confidentiality and notice,] the department is entitled to access hospital discharge data, emergency room and ambulatory surgery encounter data, data on home health care agency client encounters and services, data from community health centers on client encounters and services and all data collected or compiled by the Office of Health Care Access pursuant to section 19a-613.

Sec. 34. Section 12-20a of the general statutes is repealed and the following is substituted in lieu thereof:

On or before January first, annually, the Secretary of the Office of Policy and Management shall determine the amount due to each municipality in the state, in accordance with this section, as a state grant in lieu of taxes with respect to real property owned by any private nonprofit institution of higher education or any nonprofit general hospital facility or free standing chronic disease hospital or an urgent care facility that operates for at least twelve hours a day and that had been the location of a nonprofit general hospital [within the previous two years] for at least a portion of calendar year 1996 to receive payments in lieu of taxes for such property, exclusive of any such facility operated by the federal government or the state of Connecticut or any subdivision thereof. As used in this section "private nonprofit institution of higher education" means any such institution engaged primarily in education beyond the high school level, the property of which is exempt from property tax under any of the subdivisions of section 12-81; "nonprofit general hospital facility" means any such facility which is used primarily for the purpose of general medical care and treatment, exclusive of any hospital facility used primarily for the care and treatment of special types of disease or physical or mental conditions; and "free standing chronic disease hospital" means a facility which provides for the care and treatment of chronic diseases, excluding any such facility having an ownership affiliation with and operated in the same location as a chronic and convalescent nursing home. The grant payable to any municipality under the provisions of this section in the state fiscal year commencing July 1, 1987, and in each such fiscal year thereafter, shall be equal to sixty per cent of the property taxes which, except for any exemption applicable to any such institution of higher education or general hospital facility under the provisions of section 12-81, would have been paid with respect to such exempt real property on the assessment list in such municipality for the assessment date two years prior to the commencement of the state fiscal year in which such grant is payable. The amount of the grant payable to each municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of such grants in such year exceeds the amount appropriated for the purposes of this section with respect to such year. As used in this section and section 12-20b the word "municipality" means any town, consolidated town and city, consolidated town and borough, borough, district, as defined in section 7-324, and any city not consolidated with a town.

Sec. 35. Section 17a-667 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is established a Connecticut Alcohol and Drug Policy Council which shall be within the Office of Policy and Management for administrative purposes only.

(b) The council shall consist of the following members: (1) The Secretary of the Office of Policy and Management, or his designee; (2) the Commissioners of Children and Families, Consumer Protection, Correction, Education, Higher Education, Mental Health and Addiction Services, Motor Vehicles, Public Health, Public Safety, Social Services, Transportation and the Insurance Commissioner, or their designees; (3) the Chief Court Administrator, or his designee; (4) the chairman of the Board of Parole, or his designee; (5) the Chief State's Attorney, or his designee; (6) the Chief Public Defender, or his designee; and (7) the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to public health, criminal justice and [the budgets of state agencies] appropriations, or their designees. The Commissioner of Mental Health and Addiction Services shall be chairman of the council. The Office of Policy and Management shall, within available appropriations, provide staff for the council. The chairman of the council shall schedule the first meeting of the council to be held not later than October 1, 1997.

(c) The council shall review policies and practices of individual agencies and the Judicial Department concerning substance abuse treatment programs, substance abuse prevention services, the referral of persons to such programs and services, and criminal justice sanctions and programs and shall develop and coordinate a state-wide, interagency, integrated plan for such programs and services and criminal sanctions. On or before January fifteenth of each year, the council shall submit a report to the Governor and the General Assembly that evaluates the plan and recommends any proposed changes thereto. In the report submitted on or before January 15, 1998, the council shall report on the progress made by state agencies in implementing the recommendations of its predecessor, the Connecticut Alcohol and Drug Policy Council established by Executive Order Number 11A, set forth in its initial report dated February 25, 1997.

Sec. 36. Section 19a-59 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each institution, as defined in section 19a-490, that provides childbirth service shall, not later than [July 1, 1999] July 1, 2000, include a universal newborn hearing screening program as part of its standard of care and shall establish a mechanism for compliance review. The provisions of this subsection shall not apply to any infant whose parents object to hearing screening as being in conflict with their religious tenets and practice.

(b) The Department of Public Health shall establish a plan to implement and operate a program of early identification of infant hearing impairment. The purpose of such plan shall be to: (1) Identify infants at high risk of having hearing impairments; (2) notify parents of such infants of the risk; (3) inform parents of resources available to them for further testing and treatment, including rehabilitation services for such infants, and (4) inform parents of financial assistance available through the Department of Public Health, including, but not limited to, parental eligibility criteria, which may result in reduced cost or no cost to parents for testing, evaluation or treatment, including rehabilitation of such infants. The department shall develop such plan in consultation with persons including, but not limited to, pediatricians, otolaryngologists, audiologists, educators and parents of deaf and hearing impaired children.

(c) The Commissioner of Public Health shall adopt regulations, in accordance with chapter 54, to implement the provisions of subsection (a) of this section.

Sec. 37. Section 10-212a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A school nurse or, in the absence of such nurse, any other nurse licensed pursuant to the provisions of chapter 378, including a nurse employed by, or providing services under the direction of a local or regional board of education at, a school-based health clinic, who shall administer medical preparations only to students enrolled in such school-based health clinic in the absence of a school nurse, the principal, [or] any teacher or coach of intramural and interscholastic athletics of a school may administer medicinal preparations, including such controlled drugs as the Commissioner of Public Health may, by regulation, designate, to any student at such school 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. The administration of medicinal preparations by a nurse licensed pursuant to the provisions of chapter 378, a principal, [or a] teacher or coach shall be under the general supervision of a school nurse. No such school nurse or other nurse, principal, [or] teacher or coach shall be liable to such student or a parent or guardian of such student for civil damages for any personal injuries which result from acts or omissions of such school nurse or other nurse, principal, [or] teacher or coach in administering such preparations which may constitute ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, wilful or wanton negligence.

(b) Each school wherein any controlled drug is administered under the provisions of this section shall keep such records thereof as are required of hospitals under the provisions of subsections (f) and (h) of section 21a-254 and shall store such drug in such manner as the Commissioner of Public Health shall, by regulation, require.

(c) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54, that specify conditions under which a coach of intramural and interscholastic athletics may administer medicinal preparations, including controlled drugs specified in the regulations adopted by the commissioner, to a child participating in such intramural and interscholastic athletics. The regulations shall require authorization pursuant to: (1) The written order of a physician licensed to practice medicine or a dentist licensed to practice dental medicine in this or another state, an advanced practice registered nurse licensed under chapter 378, a physician assistant licensed under chapter 370, a podiatrist licensed under chapter 375 or an optometrist licensed under chapter 380; and (2) the written authorization of a parent or guardian of such child.

Sec. 38. (a) The Insurance Department may, within available appropriations, study the feasibility of permitting the sale in this state of a health insurance policy whereby groups may obtain standardized major medical expense coverage while allowing covered individuals or employers to augment such coverage by purchasing additional benefits from a list of optional benefits.

(b) The department may seek the advice and participation of any person, organization or state or federal agency it deems necessary to carry out the provisions of this section.

(c) Not later than February 1, 2000, the department shall submit a report on its findings and recommendations to the General Assembly in accordance with the provisions of section 11-4a of the general statutes.

Sec. 39. Subsection (c) of section 19a-491a of the general statutes is repealed and the following is substituted in lieu thereof:

(c) A person seeking to renew a nursing home license shall furnish the department with any information required under subsection (a) of this section that was not previously submitted and with satisfactory written proof that the owner of the facility consents to such renewal if the owner is different than the person seeking renewal and shall provide data on any change in the information submitted. The commissioner may refuse to issue or renew a license if the [owner] person seeking renewal fails to provide the information required under this section.

Sec. 40. (NEW) (a) The Office of Health Care Access, in consultation with the Office of Policy and Management, may provide loans to acute care general hospitals as permitted by this section.

(b) Loans under the provisions of this section may be made to assist an acute care general hospital to develop and implement a plan to achieve financial stability and assure the delivery of appropriate health care services in the service area of the hospital seeking a loan under this program. The maximum term of any loan authorized pursuant to this section shall not exceed five years. Any hospital seeking such loan shall prepare and submit to the Office of Health Care Access a plan that includes at least the following: (1) A statement of the facility's current projections of its finances for the term of the proposed loan; (2) identification of the major financial issues which effect the stability of the hospital; (3) the steps proposed to improve the financial status of the hospital and eliminate ongoing operating losses; (4) plans to change the mix of services provided by the hospital, which may include transition to an alternative licensure category; and (5) other related elements as determined by the Office of Health Care Access. Such plan shall clearly identify the amount of the loan requested. Any loans originated by the state pursuant to this act shall bear interest at a rate agreed to by the Secretary of the Office of Policy and Management and which will not jeopardize the federal matching payments under the medical assistance program and the emergency assistance to families program as determined by the Department of Social Services in consultation with the Office of Policy and Management. The hospital's proposed financial plan must include a plan to repay the loan with interest within five years of initiation.

(c) There is established a non-lapsing account, from which loans shall be made. Upon receipt of repayment of some or all of said loans, such funds shall be deposited in the General Fund.

(d) The submission of the proposed plan by the hospital may be considered a letter of intent for the purposes of any certificate of need which may be required to change the facility's service offering.

(e) Upon review and approval of the financial viability of a submitted plan, the Office of Health Care Access may recommend that a loan be awarded and issue such loan.

Sec. 41. (a) Notwithstanding the provisions of special act 99-10, the sum of $10,000 appropriated to the Community Health Services account under the Department of Public Health for each of the fiscal years ending June 30, 2000, and June 30, 2001, shall be transferred to the Other Expenses account under the Department of Veterans Affairs for services to veterans who served in the Gulf War; and adjust the totals accordingly.

(b) Notwithstanding the provisions of special act 99-10, the sum of $50,000 appropriated to the Grants for Mental Health Services account of the Department of Mental Health and Addiction Services for the fiscal year ending June 30, 2000, shall be transferred to the Grants for Substance Abuse Services account; and adjust the totals accordingly.

(c) Notwithstanding the provisions of special act 99-10, the sum of $350,000 appropriated to the Community Health Services account under the Department of Public Health for each of the fiscal years ending June 30, 2000, and June 30, 2001, shall be transferred to the Children's Health Initiatives account; and adjust the totals accordingly.

Sec. 42. Not later than October 1, 1999, each managed care organization, as defined in section 38a-478 of the general statutes, the Connecticut Pharmaceutical Assistance Contract to the Elderly and the Disabled Program, otherwise known as ConnPACE, established under chapter 319ff of the general statutes, and the state Medicaid program administered by the Department of Social Services shall each develop a plan addressing the availability and payment of coverage for long-term prescription medication (1) in the event that a year 2000 computer problem would make prescription refills problematic due to limitations on amounts of medication available at any one time, or (2) due to January 1, 2000, being a termination date of a managed care organization contract and failure to refill or guarantee reimbursement for the prescription might result in an interruption of a therapeutic regimen or create patient suffering. Each managed care organization shall file its plan with the Insurance Department on or before October 1, 1999.

Sec. 43. Not later than February 1, 2000, the Commissioner of Mental Health and Addiction Services, within available appropriations and in consultation with the Chief Court Administrator, shall report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, public health and appropriations, in accordance with the provisions of section 11-4a of the general statutes, with a recommended protocol that identifies the way that individuals who have been arrested for violations of criminal law, including misdemeanors, might be assessed for psychiatric disabilities and how targeted individuals might be referred to appropriate community based services. The report shall include a proposed implementation plan delineating recommended best practices including, but not limited to, an identification of the expectations placed on the Department of Mental Health and Addiction Services and the Judicial Department and an analysis of anticipated costs and potential savings in the Departments of Mental Health and Addiction Services and Correction and the Judicial Department, should the protocol be adopted.

Sec. 44. Subsection (a) of section 20-7c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) (1) A provider, except as provided in section 4-194, shall supply to a patient upon request complete and current information possessed by that provider concerning any diagnosis, treatment and prognosis of the patient; and (2) a provider shall notify a patient of any test results in the provider's possession that indicate a need for further treatment or diagnosis.

Sec. 45. (NEW) Any governmental entity or Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended or Section 501(c)(4) of said Internal Revenue Code organization, including, but not limited to, local health districts and regional action councils, which receives state dollars for tobacco education or reduction or prevention of tobacco use, shall submit a plan to the Department of Public Health identifying the target population, the methods for choosing the target population, and the evaluation component for the effectiveness of the program. Such plan shall be approved by the Department of Health prior to the release of funds.

Sec. 46. (a) There is established a committee to study credentialing of sexual offender treatment providers. The committee shall consist of the following members: (1) The Secretary of the Office of Policy and Management or said secretary's designee; (2) the Commissioners of Public Health, Mental Health and Addiction Services, Mental Retardation, Correction and Children and Families, or their designees; (3) the Chief Court Administrator or said administrator's designee; (4) the Chairperson of the Board of Parole or said chairperson's designee; (5) the victim advocate or said advocate's designee; (6) the president of the Connecticut Police Chiefs Association or said president's designee; (7) a representative of the Connecticut Association for Treatment of Sex Offenders; (8) the executive director of the Connecticut Sexual Assault Crisis Services; and (9) three community treatment providers appointed by the Governor. The Governor shall designate the chairperson of the committee. The first meeting of the committee shall be held not later than August 1, 1999.

(b) The committee shall: (1) Examine existing national and state standards for sexual offender assessment and treatment; (2) assess the feasibility of establishing a regulatory process to credential sexual offender treatment providers in this state; (3) examine potential methods of regulation, such as certification or licensure, and any alternatives to regulation that may assure sexual offender assessments are conducted in a skillful and professional manner; (4) identify which state agency should be responsible for oversight; (5) identify costs associated with the recommended regulatory process; (6) identify the generally accepted methods to be used by sexual offender assessment and treatment practitioners to provide competent treatment and assessment for risk; and (7) identify the information needed by sexual offender treatment practitioners to provide a competent assessment of risk. The committee shall submit a report with recommendations to the Governor not later than January 1, 2000.

Sec. 47. (NEW) (a) For the purposes of this section, "special juvenile probation" means a period of probation imposed by the Superior Court for Juvenile Matters upon a child in a proceeding designated as a serious sexual offender prosecution during which the child is supervised by a juvenile probation officer prior to such child attaining eighteen years of age and by an adult probation officer after such child attains eighteen years of age.

(b) Whenever a child is referred for the commission of any crime of a sexual nature, and such case is not transferred to the regular criminal docket pursuant to section 46b-127 of the general statutes, the juvenile prosecutor may request the court to designate the proceeding as a serious sexual offender prosecution.

(c) If a juvenile prosecutor requests that a proceeding be designated a serious sexual offender prosecution, the court shall hold a hearing not later than thirty days after the filing of such request unless good cause is shown by the juvenile prosecutor or by the child as to why the hearing should not be held within such period. If good cause is shown, the hearing shall be held not later than ninety days after the filing of such request. The court shall decide whether to designate the proceeding as a serious sexual offender prosecution not later than thirty days after the completion of such hearing. The court shall grant the request to designate the proceeding as a serious sexual offender prosecution if the juvenile prosecutor shows by a preponderance of the evidence that such designation will serve the public safety. The decision to designate the proceeding as a serious sexual offender prosecution shall not be a final judgment for purposes of appeal.

(d) A proceeding designated as a serious sexual offender prosecution pursuant to subsection (c) of this section shall be held before the court without a jury provided the child has waived the right to a trial by jury. If a child is convicted of or pleads guilty or nolo contendere to a charge in a proceeding that has been designated as a serious sexual offender prosecution, the court shall: (1) Sentence the child in accordance with section 46b-140 or 46b-141a of the general statutes, (2) sentence the child to a period of special juvenile probation of at least five years, to commence upon the release of the child from the institution, agency or program in whose care the child had been placed, and (3) sentence the child in accordance with section 53a-28 of the general statutes with the execution of such sentence stayed on the condition that the child not violate the conditions of the sentence imposed pursuant to subdivisions (1) and (2) of this subsection or commit a subsequent crime.

(e) Whenever it appears that a child who has been sentenced pursuant to subsection (d) of this section has violated the conditions of the sentence imposed pursuant to subdivision (2) of said subsection or has committed a subsequent crime, the court may, without notice, order that the child be immediately taken into custody in accordance with the provisions of sections 46b-125 and 53a-32 of the general statutes. If such violation of probation or subsequent crime occurs prior to the person attaining eighteen years of age, the matter shall be handled by the Superior Court for Juvenile Matters. If such violation of probation or subsequent crime occurs after the person has attained eighteen years of age, the matter shall be handled by the regular criminal docket of the Superior Court. Whenever such matter is handled by the Superior Court for Juvenile Matters, the court shall notify the child and such child's parent or guardian and the attorney of record, if any, in writing of the reasons alleged to exist for the lifting of the stay of execution of the sentence imposed pursuant to subdivision (3) of subsection (d) of this section. If the child challenges such reasons, the court shall hold a hearing at which the child shall be entitled to be heard and be represented by counsel. After such hearing, if the court finds that the child has violated the conditions of the sentence imposed pursuant to subdivision (2) of subsection (d) of this section or committed a subsequent crime, it shall order the child to serve a sentence not to exceed that imposed pursuant to subdivision (3) of subsection (d) of this section unless it determines there are mitigating circumstances that justify continuing the stay of execution and specifically states such mitigating circumstances in writing for the record. The child shall receive credit against any sentence imposed pursuant to subdivision (3) of subsection (d) of this section for time served in a juvenile facility pursuant to the sentence imposed pursuant to subdivision (1) of said subsection.

(f) When a proceeding has been designated a serious sexual offender prosecution pursuant to subsection (c) of this section and the child does not waive the right to a trial by jury, the court shall transfer the case from the docket for juvenile matters to the regular criminal docket of the Superior Court. Upon transfer, such child shall stand trial and be sentenced, if convicted, as if such child were sixteen years of age, except that no such child shall be placed in a correctional facility but shall be maintained in a facility for children and youth until such child attains sixteen years of age or until such child is sentenced, whichever occurs first. Such child shall receive credit against any sentence imposed for time served in a juvenile facility prior to the effectuation of the transfer. A child who has been transferred may enter a guilty plea to a lesser offense if the court finds that such plea is made knowingly and voluntarily. Any child transferred to the regular criminal docket who pleads guilty to a lesser offense shall not resume such child's status as a juvenile regarding such offense. If the action is dismissed or nolled or if such child is found not guilty of the charge for which such child was transferred, the child shall resume such child's status as a juvenile until such child attains sixteen years of age.

Sec. 48. Section 53a-40 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A persistent dangerous felony offender is a person who:

(1) [stands] (A) Stands convicted of manslaughter, arson, kidnapping, [sexual assault in the first or third degree, aggravated sexual assault in the first degree, sexual assault in the third degree with a firearm,] robbery in the first or second degree, or assault in the first degree, and [(2)] (B) has been, prior to the commission of the present crime, convicted of and imprisoned under a sentence to a term of imprisonment of more than one year or of death, in this state or in any other state or in a federal correctional institution, for any of the following crimes: [(A)] (i) The crimes enumerated in [subdivision (1) of this subsection, murder,] subparagraph (A) of this subdivision or an attempt to commit any of said crimes; [or murder] or (ii) murder, sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm, or an attempt to commit any of said crimes; or [(B)] (iii) prior to October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78 of the general statutes, revision of 1958, revised to 1975, or prior to October 1, 1971, in this state, assault with intent to kill under section 54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82, 53-83, 53-86, 53-238 and 53-239 of the general statutes, revision of 1958, revised to 1968, or any predecessor statutes in this state, or an attempt to commit any of said crimes; or [(C)] (iv) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in [subdivision (1) or (2) of this subsection] subparagraph (A) of this subdivision or this subparagraph; or

(2) (A) Stands convicted of sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm, and (B) has been, prior to the commission of the present crime, convicted of and imprisoned under a sentence to a term of imprisonment of more than one year or of death, in this state or in any other state or in a federal correctional institution, for any of the following crimes: (i) Murder, manslaughter, arson, kidnapping, robbery in the first or second degree or assault in the first degree, or an attempt to commit any of said crimes; or (ii) prior to October 1, 1971, in this state, assault with intent to kill under section 54-117, or any of the crimes enumerated in sections 53-9, 53-10, 53-11, 53-12 to 53-16, inclusive, 53-19, 53-21, 53-69, 53-78 to 53-80, inclusive, 53-82, 53-83 and 53-86 of the general statutes, revision of 1958, revised to 1968, or any predecessor statutes in this state, or an attempt to commit any of said crimes; or (iii) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subparagraph (A) of this subdivision or this subparagraph.

(b) A persistent dangerous sexual offender is a person who (1) stands convicted of sexual assault in the first or third degree, aggravated sexual assault in the first degree or sexual assault in the third degree with a firearm, and (2) has been, prior to the commission of the present crime, convicted of and imprisoned under a sentence to a term of imprisonment of more than one year, in this state or in any other state or in a federal correctional institution, for (A) any of the crimes enumerated in subdivision (1) of this subsection, or (B) prior to October 1, 1975, any of the crimes enumerated in section 53a-72, 53a-75 or 53a-78 of the general statutes, revision of 1958, revised to 1975, or prior to October 1, 1971, in this state, any of the crimes enumerated in section 53-238 or 53-239 of the general statutes, revision of 1958, revised to 1968, or any predecessor statutes in this state, or an attempt to commit any of said crimes, or (C) in any other state, any crimes the essential elements of which are substantially the same as any of the crimes enumerated in subdivision (1) of this subsection or this subdivision.

[(b)] (c) A persistent serious felony offender is a person who (1) stands convicted of a felony, and (2) has been, prior to the commission of the present felony, convicted of and imprisoned under an imposed term of more than one year or of death, in this state or in any other state or in a federal correctional institution, for a crime. This subsection shall not apply where the present conviction is for a crime enumerated in subdivision (1) of subsection (a) of this section and the prior conviction was for a crime other than those enumerated in subsection (a) of this section.

(d) A persistent serious sexual offender is a person, other than a person who qualifies as a persistent dangerous sexual offender under subsection (b) of this section, who qualifies as a persistent serious felony offender under subsection (c) of this section and the felony of which such person presently stands convicted is a violation of subdivision (2) of section 53-21, or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b and the prior conviction is for a violation of section 53-21 of the general statutes, revised to January 1, 1995, involving sexual contact, committed prior to October 1, 1995, a violation of subdivision (2) of section 53-21 or a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b.

[(c)] (e) A persistent larceny offender is a person who (1) stands convicted of larceny in the third degree in violation of the provisions of section 53a-124 in effect prior to October 1, 1982, or larceny in the fourth, fifth or sixth degree, and (2) has been, at separate times prior to the commission of the present larceny, twice convicted of the crime of larceny.

[(d)] (f) A persistent felony offender is a person who (1) stands convicted of a felony other than a class D felony, and (2) has been, at separate times prior to the commission of the present felony, twice convicted of a felony other than a class D felony.

[(e)] (g) It shall be an affirmative defense to the charge of being a persistent offender under this section that (1) as to any prior conviction on which the state is relying the defendant was pardoned on the ground of innocence, and (2) without such conviction, the defendant was not two or more times convicted and imprisoned as required by this section.

[(f)] (h) When any person has been found to be a persistent dangerous felony offender, and the court is of the opinion that [his] such person's history and character and the nature and circumstances of [his] such person's criminal conduct indicate that extended incarceration and lifetime supervision will best serve the public interest, the court, in lieu of imposing the sentence of imprisonment authorized by section 53a-35 for the crime of which such person presently stands convicted, or authorized by section 53a-35a if the crime of which such person presently stands convicted was committed on or after July 1, 1981, shall sentence such person to a term of imprisonment of not more than forty years and, if such person has, at separate times prior to the commission of the present crime, been twice convicted of and imprisoned for any of the crimes enumerated in subdivision (2) of subsection (a) of this section, sentence such person to a term of imprisonment of not more than life.

(i) When any person has been found to be a persistent dangerous sexual offender, and the court is of the opinion that such person's history and character and the nature and circumstances of such person's criminal conduct indicate that extended incarceration and lifetime supervision will best serve the public interest, the court, in lieu of imposing the sentence of imprisonment authorized by section 53a-35a for the crime of which such person presently stands convicted, shall sentence such person to a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of imprisonment for life, as defined in section 53a-35b.

[(g)] (j) When any person has been found to be a persistent serious felony offender, and the court is of the opinion that [his] such person's history and character and the nature and circumstances of [his] such person's criminal conduct indicate that extended incarceration will best serve the public interest, the court in lieu of imposing the sentence of imprisonment authorized by section 53a-35 for the crime of which such person presently stands convicted, or authorized by section 53a-35a if the crime of which such person presently stands convicted was committed on or after July 1, 1981, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony.

(k) When any person has been found to be a persistent serious sexual offender, and the court is of the opinion that such person's history and character and the nature and circumstances of such person's criminal conduct indicate that extended incarceration will best serve the public interest, the court, in lieu of imposing the sentence of imprisonment authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose a sentence of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute the maximum sentence specified by section 53a-35a for the next more serious degree of felony.

[(h)] (l) When any person has been found to be a persistent larceny offender, and the court is of the opinion that [his] such person's history and character and the nature and circumstances of [his] such person's criminal conduct indicate that extended incarceration will best serve the public interest, the court, in lieu of imposing the sentence authorized by section 53a-36 for the crime of which such person presently stands convicted, may impose the sentence of imprisonment for a class D felony authorized by section 53a-35, if the crime of which such person presently stands convicted was committed prior to July 1, 1981, or authorized by section 53a-35a, if the crime of which such person presently stands convicted was committed on or after July 1, 1981.

[(i)] (m) When any person has been found to be a persistent felony offender, and the court is of the opinion that [his] such person's history and character and the nature and circumstances of [his] such person's criminal conduct indicate that extended incarceration will best serve the public interest, the court, in lieu of imposing the sentence authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony; provided the sentence imposed may not be less than three years, and provided further three years of the sentence so imposed may not be suspended or reduced by the court.

Sec. 49. Section 53a-70 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of sexual assault in the first degree when such person (1) compels another person to engage in sexual intercourse by the use of force against such other person or a third person, or by the threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury to such person or a third person, or (2) engages in sexual intercourse with another person and such other person is under thirteen years of age and the actor is more than two years older than such person, or (3) commits sexual assault in the second degree as provided in section 53a-71 and in the commission of such offense is aided by two or more other persons actually present.

(b) Sexual assault in the first degree is a class B felony for which [one year] two years of the sentence imposed may not be suspended or reduced by the court or, if the victim of the offense is under ten years of age, for which ten years of the sentence imposed may not be suspended or reduced by the court, and any person found guilty under this section shall be sentenced to a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of at least ten years.

Sec. 50. Section 53a-70a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of aggravated sexual assault in the first degree when such person commits sexual assault in the first degree as provided in section 53a-70, and in the commission of such offense (1) [he] such person uses or is armed with and threatens the use of or displays or represents by [his] such person's words or conduct that [he] such person possesses a deadly weapon, (2) with intent to disfigure the victim seriously and permanently, or to destroy, amputate or disable permanently a member or organ of the victim's body, [he] such person causes such injury to such victim, (3) under circumstances evincing an extreme indifference to human life [he] such person recklessly engages in conduct which creates a risk of death to the victim, and thereby causes serious physical injury to such victim, or (4) [he] such person is aided by two or more other persons actually present. No person shall be convicted of sexual assault in the first degree and aggravated sexual assault in the first degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Aggravated sexual assault in the first degree is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of twenty years.

Sec. 51. Section 53a-72b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of sexual assault in the third degree with a firearm when such person commits sexual assault in the third degree as provided in section 53a-72a, and in the commission of such offense, [he] such person uses or is armed with and threatens the use of or displays or represents by [his] such person's words or conduct that [he] such person possesses a pistol, revolver, machine gun, rifle, shotgun or other firearm. No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

(b) Sexual assault in the third degree with a firearm is a class [D] C felony for which [one year] two years of the sentence imposed may not be suspended or reduced by the court and any person found guilty under this section shall be sentenced to a term of imprisonment and a period of special parole pursuant to subsection (b) of section 53a-28 which together constitute a sentence of ten years.

Sec. 52. Section 54-125e of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person convicted of a crime committed on or after October 1, 1998, who received a definite sentence of more than two years followed by a period of special parole shall, at the expiration of the maximum term or terms of imprisonment imposed by the court, be transferred from the custody of the Commissioner of Correction to the jurisdiction of the Chairman of the Board of Parole or, if such person has previously been released on parole pursuant to subsection (a) of section 54-125a or section 54-131a, remain under the jurisdiction of said chairman until the expiration of the period of special parole imposed by the court.

(b) Any person sentenced to a period of special parole shall be subject to such rules and conditions as may be established by the Board of Parole or its chairman pursuant to section 54-126.

(c) The period of special parole shall be not less than one year nor more than ten years except that such period [shall be not less than ten years nor more than thirty-five] may be for more than ten years for a person convicted of a violation of subdivision (2) of section 53-21, section 53a-70, as amended by this act, 53a-70a, as amended by this act, 53a-70b, 53a-71, 53a-72a or 53a-72b, as amended by this act, or sentenced as a persistent dangerous felony offender pursuant to subsection [(f)] (h) of section 53a-40, as amended by this act, or as a persistent serious felony offender pursuant to subsection [(g)] (j) of section 53a-40, as amended by this act.

Sec. 53. Subsection (c) of section 20-195c of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Notwithstanding the requirements of this section, the commissioner shall, not later than February 6, [1998] 2000, grant a license as a marital and family therapist to any person who applies for licensure prior to January 1, [1998] 2000, and submits satisfactory evidence that [he] the applicant has (1) a minimum of ten years of relevant experience as of January 1, 1998, including a minimum of five years work experience under an approved supervisor or approved substitute supervisor of the American Association for Marriage and Family Therapy or supervisor or substitute supervisor certified or licensed under this chapter, or (2) successfully completed, prior to January 1, 1985, either (A) a graduate degree program specializing in marital and family therapy or (B) an accredited postgraduate clinical training program approved by the Commission on Accreditation for Marriage and Family Therapy Education and recognized by the United States Department of Education.

Sec. 54. (NEW) As used in sections 55 to 58, inclusive, of this act "nail technician" means a person who, for compensation, cuts, shapes, polishes or enhances the appearance of the nails of the hands or feet. The term includes, but is not limited to, the application and removal of sculptured or artificial nails.

Sec. 55. (NEW) (a) Except as provided in subsection (c) of this section, no person may practice as a nail technician unless licensed pursuant to section 56 of this act.

(b) No person may use the title "licensed nail technician", " licensed nail specialist" or "licensed manicurist" or make use of any designation that may reasonably be confused with licensure as a nail technician unless licensed pursuant to section 56 of this act.

(c) No license as a nail technician is required of: (1) A person licensed as a barber under chapter 386 of the general statutes or as a hairdresser and cosmetician under chapter 387 of the general statutes; (2) a person licensed or certified by any agency of this state and performing services within the scope of practice for which licensed or certified; or (3) a student, intern or trainee pursuing a course of study as a nail technician, barber or hairdresser and cosmetician in an accredited educational institution, provided the activities that would otherwise require a license as a nail technician are a part of a course of study and are performed under the supervision of a person licensed or otherwise authorized to practice as a nail technician.

Sec. 56. (NEW) The Commissioner of Public Health shall grant a license as a nail technician to any applicant who furnishes evidence satisfactory to the commissioner that the applicant has met the requirements of section 57 of this act. The commissioner shall develop and provide application forms. The initial license application fee shall be fifty dollars. The license may be renewed pursuant to section 19a-88 of the general statutes for a fee of twenty-five dollars.

Sec. 57. (NEW) (a) Except as provided in subsections (b) and (c) of this section, an applicant for a license as a nail technician shall submit evidence satisfactory to the Commissioner of Public Health of having: (1) Completed a course of study acceptable to the commissioner in the theoretical and practical components of nail care of not less than one hundred fifty hours of study that included coursework in anti-fungal techniques, blood-borne diseases and clean air requirements, and (2) passed an examination prescribed by the commissioner.

(b) An applicant for a license as a nail technician through reciprocity or by endorsement may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner that the applicant is licensed or certified as a nail technician, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction whose requirements for practicing in such capacity are substantially similar to or higher than those of this state and that there are no disciplinary actions or unresolved complaints pending against the applicant.

(c) Prior to March 31, 2001, an applicant for a license as a nail technician may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner of having practiced as a nail technician for a minimum of one year within a three-year period immediately preceding application.

Sec. 58. (NEW) The Commissioner of Public Health may, after giving notice and an opportunity to be heard, take any disciplinary action set forth in section 19a-17 of the general statutes against a nail technician for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice as a nail technician; (4) fraud or deceit in the practice as a nail technician; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) violation of any provision of sections 55 to 57, inclusive, of this act, or any regulation adopted pursuant to section 59 of this act. The commissioner may order a license holder to submit to a reasonable physical or mental examination if the person's physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or to enforce any action taken pursuant to section 19a-17 of the general statutes.

Sec. 59. (NEW) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to further the purposes of sections 54 to 58, inclusive, of this act.

Sec. 60. 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 [which] that are licensed or otherwise regulated by the Department of Public Health:

(1) Speech pathologist and audiologist;

(2) Hearing aid dealer;

(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; [and]

(19) Professional counselor;

(20) Acupuncturist;

(21) Occupational therapist;

(22) Lead abatement contractor; and

(23) Nail technician.

The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over said professions. The uniform provisions of this chapter and chapters 368v, 369 to [381] 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, [and] 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. 61. 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 section 56 of this act shall, annually, during the month of [his] the applicant's birth, apply for renewal of such license or certificate to the Department of Public Health, giving [his] the applicant's name in full, [his] the applicant'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 [his] the applicant'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. 62. 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 or [manicuring of the fingernails] braiding hair.

Sec. 63. Section 25-32 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Department of Public Health shall have jurisdiction over all matters concerning the purity and adequacy of any source of water [or ice] supply used by any municipality, public institution or water [or ice] company for obtaining water, [or ice,] the safety of any distributing plant and system for public health purposes, the adequacy of methods used to assure water purity, and such other matters relating to the construction and operation of such distributing plant and system as may affect public health. The qualifications of the operators of water treatment plants or water distribution systems which treat or supply water used or intended for use by the public shall be subject to the approval of said department pursuant to regulations adopted by the commissioner in accordance with chapter 54.

(b) No water company shall sell, lease, assign or otherwise dispose of or change the use of any watershed lands, except as provided in section 25-43c, as amended by this act, without a written permit from the Commissioner of Public Health. Said commissioner shall not grant a permit for the sale, lease or assignment of class I land, except as provided in subsection (d), and shall not grant a permit for a change in use of class I land unless the applicant demonstrates that such change will not have a significant adverse impact upon the present and future purity and adequacy of the public drinking water supply and is consistent with any water supply plan filed and approved pursuant to section 25-32d. The commissioner may reclassify class I land only upon determination that such land no longer meets the criteria established by subsection (a) of section 25-37c because of abandonment of a water supply source or a physical change in the watershed boundary. Not more than fifteen days before filing an application for a permit under this section, the applicant shall provide notice of such intent, by certified mail, return receipt requested, to the chief executive officer and the chief elected official of each municipality in which the land is situated.

(c) The Commissioner of Public Health may grant a permit for the sale, lease, assignment or change in use of any land in class II subject to any conditions or restrictions in use which the commissioner may deem necessary to maintain the purity and adequacy of the public drinking water supply, giving due consideration to: (1) The creation and control of point or nonpoint sources of contamination; (2) the disturbance of ground vegetation; (3) the creation and control of subsurface sewage disposal systems; (4) the degree of water treatment provided; (5) the control of watershed land by the applicant through ownership, easements or use restrictions or other water supply source protection measures; (6) the effect of development of any such land; and (7) any other significant potential source of contamination of the public drinking water supply. The commissioner may reclassify class II land only upon determination that such land no longer meets the criteria established by subsection (b) of section 25-37c because of abandonment of a water supply source or a physical change in the watershed boundary.

(d) The commissioner may grant a permit for the sale of class I or II land to another water company, to a state agency or to a municipality if the purchasing entity agrees to maintain the land subject to the provisions of this section, any regulations adopted pursuant to this section and the terms of any permit issued pursuant to this section. Such purchasing entity may not sell, lease, assign or change the use of such land without obtaining a permit pursuant to this section.

(e) The commissioner shall not grant a permit for the sale, lease, assignment or change in use of any land in class II unless (1) the land in class II is being sold, leased or assigned as part of a larger parcel of land also containing land in class III and use restrictions applicable to the land in class II will prevent the land in class II from being developed, or (2) the applicant demonstrates that the proposed sale, lease, assignment or change in use will not have a significant adverse impact upon the purity and adequacy of the public drinking water supply and that any use restrictions which the commissioner requires as a condition of granting a permit can be enforced against subsequent owners, lessees and assignees, and (3) the commissioner determines, after giving effect to any use restrictions which may be required as a condition of granting the permit, that such proposed sale, lease, assignment or change in use will not have a significant adverse effect on the public drinking water supply, whether or not similar permits have been granted.

(f) The term ["source of water or ice supply"] "public water supply source" includes all springs, streams, watercourses, brooks, rivers, lakes, ponds, wells or underground waters from which water [or ice] is taken, and all springs, streams, watercourses, brooks, rivers, lakes, ponds, wells or [underground waters tributary] aquifer protection areas, as defined in section 22a-354h, thereto and all lands drained thereby; and the term "watershed land" means land from which water drains into a public drinking water supply.

(g) The Commissioner of Public Health shall adopt and from time to time may amend the following: (1) Physical, chemical, radiological and microbiological standards for the quality of public drinking water; (2) minimum treatment methods, taking into account the costs thereof, required for all sources of drinking water, including guidelines for the design and operation of treatment works and water sources, which guidelines shall serve as the basis for approval of local water supply plans by said commissioner; (3) minimum standards to assure the long-term purity and adequacy of the public drinking water supply to all residents of this state; and (4) classifications of water treatment plants and water distribution systems which treat or supply water used or intended for use by the public. On or after October 1, 1975, any water company which requests approval of any drinking water source shall provide for such treatment methods as specified by the Commissioner of Public Health, provided any water company in operation prior to October 1, 1975, and having such source shall comply with regulations adopted by said commissioner in conformance with The Safe Drinking Water Act, Public Law 93-523, and shall submit on or before February 1, 1976, a statement of intent to provide for treatment methods as specified by said commissioner, to said commissioner for [his] approval.

(h) The Department of Public Health may perform the collection and testing of water samples required by regulations adopted pursuant to this section when requested to do so by the water company. The department shall collect a fee equal to the cost of such collection and testing. Water companies serving one thousand or more persons shall not request routine bacteriological or physical tests.

(i) The condemnation by a state department, institution or agency of any land owned by a water company shall be subject to the provisions of this section.

(j) The commissioner may issue an order declaring a moratorium on the expansion or addition to any existing public water system that [he] the commissioner deems incapable of providing new services with a pure and adequate water supply.

(k) The commissioner may issue, modify or revoke orders as needed to carry out the provisions of part III of this chapter. Except as provided otherwise in this part, such order shall be issued, modified or revoked in accordance with procedures set forth in subsection (b) of section 25-34.

(l) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to include local health departments in the notification process when a water utility reports a water quality problem.

Sec. 64. Section 25-43 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who bathes or swims in any reservoir from which the inhabitants of any town, city or borough are supplied with water, or in any lake, pond or stream tributary to any distribution reservoir, or in any part of any lake, pond or stream tributary to any storage reservoir, which part is distant less than two miles measured along the flow of water from any part of such storage reservoir, and any person who [casts any filthy or impure substance into any such] causes or allows any pollutant or harmful substance to enter any such public water supply reservoir, whether distribution or storage, or any of its tributaries, or commits any nuisance in [or about it or them] any public water supply reservoir or its watershed, shall be fined not [more] less than one hundred dollars or imprisoned not more than [six months] thirty days, or both. For the purposes of this section, [a storage reservoir is defined as] "storage reservoir" means an artificial impoundment of substantial amounts of water, used or designed for the storage of a public water supply and the release thereof to a distribution reservoir, [defined for the purposes of this section as] and "distribution reservoir" means a reservoir from which water is directly released into pipes or pipelines leading to treatment or purification facilities or connected directly with distribution mains of a public water system.

(b) No person, after having received notice or after notice has been posted that any reservoir, lake or pond, or any stream tributary thereto, is used for supplying the inhabitants of a town, city or borough with water, shall wash any animal or clothing or other article or allow any animal to enter therein. No person shall [throw any noxious or harmful substance into] cause or allow any pollutant or harmful substance to enter such reservoir, lake, pond or stream, nor shall any person, after receipt of written notice from the municipality, water company, as defined in section 25-32a, or the local director of health having jurisdiction, or their agents, that the same is detrimental to such water supply, permit any such substance to be placed upon land owned, occupied or controlled by [him] such person, so that the same may be carried by rains or freshets or otherwise flow into the water of such reservoir, lake, pond or stream, or allow to be drained any sewage from such land into such water. Any person who violates any provision of this subsection shall be fined not [more] less than one hundred dollars or imprisoned not more than thirty days or both.

(c) No person shall cause or permit an aircraft, as defined in subdivision (5) of section 15-34, to land upon, take off from or be operated, kept, parked, garaged, stored or otherwise maintained on any distribution or storage reservoir or on any watercourse tributary to any such reservoir.

Sec. 65. Section 25-51 of the general statutes is repealed and the following is substituted in lieu thereof:

Whenever any land or building is [so] used, occupied or [suffered] allowed to remain in a condition such that it is or could be a source of pollution to any [river, brook or water which flows into any lake, pond or water from which ice is procured for domestic use or for use as an article of merchandise, and such ice is liable to pollution therefrom, or whenever any land or building is so used, occupied or suffered to remain that it is a source of pollution to the water stored in a reservoir used for supplying residents of a town, city or borough with water or ice, or to any source of supply to such reservoir, or when such water or ice is liable to pollution in consequence of the use of the same, the authorities of such town, city or borough, or the town director of health, or the person, firm or corporation] public water supply reservoir or associated watershed, including, but not limited to, any watercourse, wetland or drainage system from which water flows to a public water supply reservoir or any public water supply well or associated aquifer protection area, as defined in section 22a-354h, the municipality or water company, as defined in section 25-32a, having charge of such reservoir or [the right to procure ice therefrom] well, or the local director of health or the local director's agents, may apply for relief to the superior court for the judicial district wherein such reservoir, [or water] watershed, well or aquifer protection area is located, and said court may make any order in the premises, temporary or permanent, which, in its judgment, may be necessary to preserve the purity of such water. [or ice. Such town, city, borough or] The municipality or water company, by its officers or agents duly appointed, or the [town] local director of health, or the local director's agents may, at all reasonable times, enter upon and inspect any premises within the watershed tributary to, or aquifer protection area of, such water supply [or waters from which such ice is procured,] and, if any nuisance likely to pollute such water [or ice] is found therein, [such officers] the local director of health or the local director's agent may abate such nuisance after reasonable notice to the owners or occupants of such premises and their refusal or neglect to abate the same, and [such town, city, borough or company] the municipality or water company shall be liable for all unnecessary or unreasonable damage done to such premises.

Sec. 66. Section 25-43c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Sport fishing from designated locations on shoreline or from boats propelled by oars or by electric motors with sealed storage batteries on public water supply storage and distribution reservoirs, as defined in subsection (a) of section 25-43, as amended by this act, or aquifer protection areas as mapped pursuant to section 22a-354c, and additional recreational activities subject to the provisions of subsection (b) of this section, within designated areas of the watersheds of such reservoirs or aquifer protection areas may be permitted by a water company, as defined in section 25-32a, in accordance with rules made by such water company after consultation with the Commissioner of Public Health and the Department of Environmental Protection.

(b) The Commissioner of Public Health, upon application by a water company, may issue to such company a permit authorizing recreational activities on storage and distribution reservoirs or aquifer protection areas. Any person who engages in any recreational activity which involves the use of a boat on reservoirs which are wholly owned by a water company shall use boats owned by said water company. If, in the opinion of the commissioner, the proposed recreational activities may have a significant adverse impact upon the applicant's water supply, said commissioner may, within thirty days of [his] receipt of a complete permit application, refer such application for detailed review to a consultant, chosen by the commissioner, with skills in the fields of water supply, hydrology, aquatic biology, forestry, geology, planning or other related fields, whose fee shall be paid by the applicant. The commissioner shall notify the applicant of such referral. The permit shall be issued subject to any terms or conditions the commissioner deems necessary to maintain the purity of the water in such storage and distribution reservoirs or aquifer protection areas. The commissioner may approve the use of electric motors with sealed storage batteries in a storage or distribution reservoir with an existing approved fishing program, provided such reservoir has conventional filtration treatment and is adequately supervised at all times when electric motors are in use, subject to monitoring, inspection and reporting by the water company satisfactory to the commissioner. The commissioner may adopt regulations in accordance with the provisions of chapter 54 establishing criteria for such recreational activities on storage and distribution reservoirs or aquifer protection areas and for monitoring the water quality thereof. The Commissioner of Public Health shall prohibit fishing and recreational activities in those cases where treatment facilities are deemed inadequate by the commissioner to properly safeguard the health of persons drinking the water.

(c) Water companies are empowered, after consultation with the Department of Environmental Protection, to issue permits and to charge fees for the issuance of such permits in order to reimburse such companies for the cost to them of such fishing and other recreational activities in public water supply storage and distribution reservoirs and on the watersheds of such public water supply storage and distribution reservoirs or within aquifer protection areas.

(d) All public water supply reservoirs constructed on or after January 1, 1975, except for such reservoirs as may be under construction before January 1, 1975, shall have such water treatment or purification facilities as the Commissioner of Public Health determines are necessary to assure the purity of the water supplies from sources in such reservoirs in which sport fishing is permitted or in watersheds of such reservoirs in which such recreational activities are permitted as provided in this section, provided nothing in this section shall be deemed to permit any recreational use of an existing reservoir or of the watershed land of such reservoir which use would require the installation of new water treatment or purification facilities.

(e) No water company shall be liable in damages except with respect to wilful or wanton conduct for injury or property damage to any person who enters upon its lands or waters under the provisions of this section.

Sec. 67. Special act 91-29 is amended to read as follows:

Notwithstanding the provisions of section 2-20a of the general statutes or any other statute or special act to the contrary, the [Bridgeport Hydraulic] BHC Company, a consolidated corporation duly organized and existing under the provisions of number 387 of the special acts of 1927, as amended, is authorized to supply the area known as Georgetown, in the town of Redding, more specifically described as parcels A and B on a map filed in the land records of Redding, on March 1, 1991, Redding Land Records Number 3592, and modified by a map to be filed on the Redding land records by April 7, 1999, expanding the western boundary of the service area westerly to the Wilton and Redding town border, and the inhabitants thereof with water for any purpose in the same manner as said company is authorized to supply water in the city of Bridgeport and other towns, and for its corporate purposes to lay its underground pipes through public streets, ways and grounds in said area known as Georgetown. [, provided no action shall be commenced to provide water (1) to parcel A, as described on the map filed in the Redding land records, until such time as written reports recommending the provision of water to said area of Georgetown are received from the department of public utility control, the department of health services and the department of environmental protection and filed with the department of public utility control and the joint standing committee of the general assembly on energy and public utilities, and (2) to parcel B, as described on the map filed in the Redding land records, until such time as written reports recommending the provision of water to said area of Georgetown, are received from the department of public utility control, the department of health services and the department of environmental protection and filed with the department of public utility control and the joint standing committee of the general assembly on energy and public utilities, and zoning commission of Redding approve construction of a life care facility on the parcel.] Service shall not be provided until the Departments of Public Utility Control, Public Health and Environmental Protection have approved the financial condition of the company, the nature of the system, and the potability and adequacy of the water supply. Such approvals shall be evidenced by approval of BHC's main system water supply plan, Department of Public Utility Control approval of the extension contract with Redding Life Care LLC to serve the area, Department of Public Health approval of the design plans and specifications for construction of the pump station, storage tank and pipeline necessary to extend service into this area and receipt of any permits as may otherwise be required. After action to provide water has been completed, the [Bridgeport Hydraulic] BHC Company shall ensure that the streets, ways and grounds be left in all respects in as good condition as before laying such pipes.

Sec. 68. (a) For the purpose of furthering the public interest, the city of Meriden, after receiving approval for a water diversion permit in accordance with the provisions of sections 22a-369 to 22a-374, inclusive, of the general statutes, may by resolution of its city council appropriate funds to construct and extend, or cause to have constructed and extended, a water line to extend from one or more points outside the boundaries of the city of Meriden and as it may cross the boundaries of one or more other municipalities to a proposed facility for the generation of electric energy to be constructed within the city of Meriden and to such other users for such other municipal purposes as the city of Meriden deems in the public interest, and to pay all expenses related to any interlocal agreements, easements or other expenses incurred in connection with such construction and extension or the financing thereof.

(b) The city of Meriden may, by resolution of its city council and subject only to the limitations and procedures set forth in this section and in such resolution, issue, from time to time, special obligation revenue bonds of the city of Meriden which are payable from and secured by a pledge of and lien upon any or all revenues derived from the operation of such water line or income sources designated with respect thereto by the city council. No such bonds may be authorized or funds appropriated under this section until each town transversed by the water line has approved, by vote of its legislative body, the portion of the water line in such town, except that where the legislative body is a town meeting, such approval may be obtained by vote of the board of selectmen. The city of Meriden shall not be obligated to pay any of the principal of or interest on such bonds except from funds derived from such revenues or income and it shall be stated on the face of each bond that it has been issued under the provisions of this section and that such bond does not constitute a general obligation of the city of Meriden or a lien or claim upon any other water or sewer revenue funds of the city of Meriden and furthermore shall protect, defend, and hold harmless the state, its agencies, departments, agents and employees from and against any and all suits, actions, demands, costs and damages. Such resolution may further authorize the city of Meriden to establish, by contract or otherwise, such rates and charges for use of such water line and such other revenues or income as the city of Meriden determines are at least sufficient in each year for the payment of the expense of operation, repair, replacement and maintenance of such water line and for payment of the principal of and interest on such bonds. Any such resolution shall be adopted by the city council in the same manner and subject to the same procedures applicable to the authorization and issuance of bonds and the appropriation of the proceeds thereof generally by the city of Meriden.

(c) The resolution authorizing bonds issued pursuant to this section shall provide that such bonds may be issued and be subject to the terms, conditions and limitations provided in subsection (a) of section 8-192 of the general statues or applicable to the issuance of revenue bonds generally by the city of Meriden.

(d) Nothing in this section shall be construed to permit the sale of water to any public or private entity out of the franchise area of the City of Meriden without the prior written approval of each water company, as defined in section 25-32a of the general statutes, that is authorized to supply water within the area in which the City of Meriden seeks to supply water. The provision of such water shall be subject to the general statutes and regulations adopted thereunder that regulate water companies.

Sec. 69. Subsection (c) of section 19a-80 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) On and after October 1, 1997, the Commissioner of Public Health, within available appropriations, shall request a fingerprint criminal records check of each prospective employee of a child day care center or group day care home in a position requiring the provision of care to a child. Such fingerprint criminal records check shall be requested from the State Police Bureau of Identification and the Federal Bureau of Investigation. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. A fee shall be charged by the commissioner for each such national fingerprint criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. The Department of Public Health shall reimburse the Department of Public Safety for the actual cost for a national fingerprint criminal history records check. Pursuant to the interagency agreement provided for in section 10-16s, the Department of Social Services may agree to transfer funds appropriated for fingerprint criminal records checks to the Department of Public Health. Not more than three months after July 1, 1997, the commissioner shall notify each licensee of the provisions of this subsection.

Sec. 70. Subsection (b) of section 19a-87b of the general statutes is repealed and the following is substituted in lieu thereof:

(b) On and after October 1, 1997, the Commissioner of Public Health, within available appropriations, shall request a fingerprint criminal records check of each initial applicant or prospective employee of a family day care home in a position requiring the provision of care to a child. Such fingerprint criminal records check shall be requested from the State Police Bureau of Identification and the Federal Bureau of Investigation. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. A fee shall be charged by the commissioner for each such national fingerprint criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. The Department of Public Health shall reimburse the Department of Public Safety for the actual cost for a national fingerprint criminal history records check. Not more than three months after July 1, 1997, the commissioner shall notify each licensee of the provisions of this subsection.

Sec. 71. Subsection (d) of section 20-206bb of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Notwithstanding the provisions of subsection (b) of this section, the department shall [,] (1) prior to January 1, 1999, issue a license to any applicant who presents to the department satisfactory evidence that he has [(1)] (A) passed the National Commission for the Certification of Acupuncturists written examination by test or by credentials review, [(2)] (B) successfully completed the practical examination of point location skills offered by the National Commission for the Certification of Acupuncturists, and [(3)] (C) successfully completed a course in clean needle technique prescribed by the department pursuant to subsection (b) of this section, and (2) prior to September 1, 1999, issue a license to any applicant who presents to the department satisfactory evidence that the applicant (A) is a member of or has been certified by the National Commission for the Certification of Acupuncturists, and (B) has at least ten years' experience in the practice of acupuncture.

Sec. 72. This act shall take effect from its passage, except that sections 1, 6, 13, 16, 20, 22 to 27, inclusive, 34 to 36, inclusive, 40 to 43, inclusive, and 53 shall take effect July 1, 1999, sections 4, 5, 8, 9, 11, 17 to 19, inclusive, 21, 28 to 31, inclusive, 33, 37, 44, 45, 47 to 52, inclusive, 61 to 66, inclusive, 69 and 70 shall take effect October 1, 1999, sections 2 and 3 shall take effect January 1, 2000, sections 54 to 58, inclusive, shall take effect October 1, 2000, and section 7 shall be effective until October 1, 2000.

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