Connecticut Seal

General Assembly

Amendment

 

February Session, 2014

LCO No. 3812

   
 

*SB0003603812HRO*

Offered by:

 

REP. SRINIVASAN, 31st Dist.

REP. CARTER, 2nd Dist.

 

To: Subst. Senate Bill No. 36

File No. 101

Cal. No. 310

(As Amended by Senate Amendment Schedule "A")

"AN ACT CONCERNING THE GOVERNOR'S RECOMMENDATIONS TO IMPROVE ACCESS TO HEALTH CARE. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subdivision (2) of subsection (c) of section 19a-88 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(2) Each person holding a license as an advanced practice registered nurse and (A) practicing at the time of such renewal in collaboration with a physician shall, annually, during the month of such person's birth, register with the Department of Public Health, upon payment of one hundred twenty-five dollars, or (B) practicing alone and not in collaboration with a physician at the time of such renewal shall, annually, during the month of such person's birth, register with the department, upon payment of four hundred eighty dollars, on blanks to be furnished by the department for such purpose, giving such person's name in full, such person's residence and business address and such other information as the department requests. No such license shall be renewed unless the department is satisfied that the person maintains current certification as either a nurse practitioner, a clinical nurse specialist or a nurse anesthetist from one of the following national certifying bodies which certify nurses in advanced practice: The American Nurses' Association, the Nurses' Association of the American College of Obstetricians and Gynecologists Certification Corporation, the National Board of Pediatric Nurse Practitioners and Associates or the American Association of Nurse Anesthetists. Each person holding a license to practice as an advanced practice registered nurse who has retired from the profession may renew such license, but the fee shall be ten per cent of the professional services fee for class C, as defined in section 33-182l, plus five dollars. Any license provided by the department at a reduced fee shall indicate that the advanced practice registered nurse is retired.

Sec. 502. Section 20-13j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) For the purposes of this section:

(1) "Department" means the Department of Public Health; [and]

(2) "Health care provider" means: (A) A physician licensed under this chapter; (B) a dentist licensed under chapter 379; (C) a chiropractor licensed under chapter 372; (D) an optometrist licensed under chapter 380; (E) a podiatrist licensed under chapter 375; (F) a natureopath licensed under chapter 373; (G) a dental hygienist licensed under chapter 379a; [(H) an advanced practice registered nurse licensed under chapter 378; or (I)] or (H) a physical therapist licensed under chapter 376; and

(3) "Advanced practice registered nurse" means an advanced practice registered nurse licensed under chapter 378.

(b) The department, after consultation with the Connecticut Medical Examining Board, the Connecticut State Medical Society, or any other appropriate state board, shall [,] (1) within available appropriations, collect the following information to create an individual profile on each health care provider for dissemination to the public, and (2) collect the following information to create an individual profile on each advanced practice registered nurse for dissemination to the public:

[(1)] (A) The name of the medical or dental school, chiropractic college, school or college of optometry, school or college of chiropody or podiatry, school or college of natureopathy, school of dental hygiene, school of physical therapy or other school or institution giving instruction in the healing arts attended by the health care provider or advanced practice registered nurse and the date of graduation;

[(2)] (B) The site, training, discipline and inclusive dates of any completed postgraduate education or other professional education required pursuant to the applicable licensure section of the general statutes;

[(3)] (C) The area of the health care provider's or advanced practice registered nurse's practice specialty;

[(4)] (D) The address of the health care provider's or advanced practice registered nurse's primary practice location or primary practice locations, if more than one;

[(5)] (E) A list of languages, other than English, spoken at the health care provider's or advanced practice registered nurse's primary practice locations;

[(6)] (F) An indication of any disciplinary action taken against the health care provider or advanced practice registered nurse by the department, the appropriate state board or any professional licensing or disciplinary body in another jurisdiction;

[(7)] (G) Any current certifications issued to the health care provider or advanced practice registered nurse by a specialty board of the profession;

[(8)] (H) The hospitals and nursing homes at which the health care provider or advanced practice registered nurse has been granted privileges;

[(9)] (I) Any appointments of the health care provider or advanced practice registered nurse to a Connecticut medical school faculty and an indication as to whether the health care provider or advanced practice registered nurse has current responsibility for graduate medical education;

[(10)] (J) A listing of the health care provider's or advanced practice registered nurse's publications in peer reviewed literature;

[(11)] (K) A listing of the health care provider's or advanced practice registered nurse's professional services, activities and awards;

[(12)] (L) Any hospital disciplinary actions against the health care provider or advanced practice registered nurse that resulted, within the past ten years, in the termination or revocation of the health care provider's or advanced practice registered nurse's hospital privileges for a professional disciplinary cause or reason, or the resignation from, or nonrenewal of, professional staff membership or the restriction of privileges at a hospital taken in lieu of or in settlement of a pending disciplinary case related to professional competence in such hospital;

[(13)] (M) A description of any criminal conviction of the health care provider or advanced practice registered nurse for a felony within the last ten years. For the purposes of this subdivision, a health care provider or advanced practice registered nurse shall be deemed to be convicted of a felony if the health care provider or advanced practice registered nurse pleaded guilty or was found or adjudged guilty by a court of competent jurisdiction or has been convicted of a felony by the entry of a plea of nolo contendere;

[(14)] (N) To the extent available, and consistent with the provisions of subsection (c) of this section, all professional malpractice court judgments and all professional malpractice arbitration awards against the health care provider or advanced practice registered nurse in which a payment was awarded to a complaining party during the last ten years, and all settlements of professional malpractice claims against the health care provider or advanced practice registered nurse in which a payment was made to a complaining party within the last ten years;

[(15)] (O) An indication as to whether the health care provider or advanced practice registered nurse is actively involved in patient care; and

[(16)] (P) The name of the health care provider's or advanced practice registered nurse's professional liability insurance carrier.

(c) Any report of a professional malpractice judgment or award against a health care provider or advanced practice registered nurse made under subdivision (14) of subsection (b) of this section shall comply with the following: (1) Dispositions of paid claims shall be reported in a minimum of three graduated categories indicating the level of significance of the award or settlement; (2) information concerning paid professional malpractice claims shall be placed in context by comparing an individual health care provider's or advanced practice registered nurse's professional malpractice judgments, awards and settlements to the experience of other health care providers or advanced practice registered nurses licensed in Connecticut who perform procedures and treat patients with a similar degree of risk; (3) all judgment award and settlement information reported shall be limited to amounts actually paid by or on behalf of the health care provider or advanced practice registered nurse; and (4) comparisons of professional malpractice payment data shall be accompanied by (A) an explanation of the fact that health care providers and advanced practice registered nurses treating certain patients and performing certain procedures are more likely to be the subject of litigation than others and that the comparison given is for health care providers and advanced practice registered nurses who perform procedures and treat patients with a similar degree of risk; (B) a statement that the report reflects data for the last ten years and the recipient should take into account the number of years the health care provider or advanced practice registered nurse has been in practice when considering the data; (C) an explanation that an incident giving rise to a professional malpractice claim may have occurred years before any payment was made due to the time lawsuits take to move through the legal system; (D) an explanation of the effect of treating high-risk patients on a health care provider's or advanced practice registered nurse's professional malpractice history; and (E) an explanation that professional malpractice cases may be settled for reasons other than liability and that settlements are sometimes made by the insurer without the health care provider's or advanced practice registered nurse's consent. Information concerning all settlements shall be accompanied by the following statement: "Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health care provider or advanced practice registered nurse. A payment in settlement of a professional malpractice action or claim should not be construed as creating a presumption that professional malpractice has occurred. "

(d) Pending professional malpractice claims against a health care provider or advanced practice registered nurse and actual amounts paid by or on behalf of a health care provider or advanced practice registered nurse in connection with a professional malpractice judgment, award or settlement shall not be disclosed by the department to the public. This subsection shall not be construed to prevent the department from investigating and disciplining a health care provider or advanced practice registered nurse on the basis of professional malpractice claims that are pending.

(e) Prior to the initial release of a health care provider's or advanced practice registered nurse's profile to the public, the department shall provide the health care provider or advanced practice registered nurse with a copy of the health care provider's or advanced practice registered nurse's profile. Additionally, any amendments or modifications to the profile that were not supplied by the health care provider or advanced practice registered nurse or not generated by the department itself shall be provided to the health care provider or advanced practice registered nurse for review prior to release to the public. A health care provider or advanced practice registered nurse shall have sixty days from the date the department mails or delivers the prepublication copy to dispute the accuracy of any information that the department proposes to include in such profile and to submit a written statement setting forth the basis for such dispute. If a health care provider or advanced practice registered nurse does not notify the department that the health care provider or advanced practice registered nurse disputes the accuracy of such information within such sixty-day period, the department shall make the profile available to the public and the health care provider or advanced practice registered nurse shall be deemed to have approved the profile and all information contained in the profile. If a health care provider or advanced practice registered nurse notifies the department that the health care provider or advanced practice registered nurse disputes the accuracy of such information in accordance with this subsection, the health care provider's or advanced practice registered nurse's profile shall be released to the public without the disputed information, but with a statement to the effect that information in the identified category is currently the subject of a dispute and is therefore not currently available. Not later than thirty days after the department's receipt of notice of a dispute, the department shall review any information submitted by the health care provider or advanced practice registered nurse in support of such dispute and determine whether to amend the information contained in the profile. In the event that the department determines not to amend the disputed information, the disputed information shall be included in the profile with a statement that such information is disputed by the health care provider or advanced practice registered nurse.

(f) A health care provider or advanced practice registered nurse may elect to have the health care provider's or advanced practice registered nurse's profile omit information provided pursuant to subdivisions (9) to (11), inclusive, of subsection (b) of this section. In collecting information for such profiles and in the dissemination of such profiles, the department shall inform health care providers and advanced practice registered nurses that they may choose not to provide the information described in said subdivisions (9) to (11), inclusive.

(g) Each profile created pursuant to this section shall include the following statement: "This profile contains information that may be used as a starting point in evaluating a health care provider or advanced practice registered nurse. This profile should not, however, be your sole basis for selecting a health care provider or advanced practice registered nurse. "

(h) The department shall maintain a web site on the Internet for use by the public in obtaining profiles of health care providers and advanced practice registered nurses.

(i) No state law that would otherwise prohibit, limit or penalize disclosure of information about a health care provider or advanced practice registered nurse shall apply to disclosure of information required by this section.

(j) All information provided by a health care provider or advanced practice registered nurse pursuant to this section shall be subject to the penalty for false statement under section 53a-157b.

(k) Except for the information in subdivisions (1), (2), (10) and (11) of subsection (b) of this section, a health care provider or advanced practice registered nurse shall notify the department of any changes to the information required in subsection (b) of this section not later than sixty days after such change. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

October 1, 2014

19a-88(c)(2)

Sec. 502

October 1, 2014

20-13j