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House Bill No. 7049

Public Act No. 17-188

AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL CHANGES TO THE PUBLIC HEALTH STATUTES.

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

Section 1. Subsection (a) of section 21a-408j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) No licensed dispensary or employee of the dispensary may: (1) Acquire marijuana from a person other than a licensed producer; (2) distribute or dispense marijuana to a person who is not (A) a qualifying patient registered under section 21a-408d or 21a-408n; (B) a primary caregiver of such qualifying patient; (C) a hospice or other inpatient care facility licensed by the Department of Public Health pursuant to chapter 368v that has protocol for the handling and distribution of marijuana that has been approved by the Department of Consumer Protection; (D) a laboratory; [and] or (E) an organization engaged in a research program; or (3) obtain or transport marijuana outside of this state in violation of state or federal law.

Sec. 2. Subdivision (7) of subsection (d) of section 19a-582 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(7) In facilities operated by the Department of Correction if the facility physician or advanced practice registered nurse and chief administrator of the facility determine that the behavior of the inmate poses a significant risk of transmission to another inmate or has resulted in a significant exposure of another inmate of the facility and no reasonable alternative exists that will achieve the same goal. No involuntary testing shall take place pursuant to [subdivisions (6) and (7)] this subdivision and subdivision (6) of this subsection until reasonable effort has been made to secure informed consent. When testing without consent takes place pursuant to [subdivisions (6) and (7)] this subdivision and subdivision (6) of this subsection, the counseling referrals and notification of test results described in subsection (c) of this section shall, nonetheless, be provided;

Sec. 3. Subdivision (7) of section 33-182aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(7) "Independent practice association" means an organization (A) (i) having owners or members that consist entirely of independent providers, or (ii) that is owned by a tax exempt state-wide professional medical membership association and controlled by independent providers, and (B) that [provide] provides services to and on behalf of its members or owners. Such services may include practice management and administrative services such as accounting, payroll, billing, human resource and information technology services. Only a person who is authorized to practice medicine pursuant to section 20-9 may be an owner or member of, or otherwise own or control, directly or indirectly, an independent practice association.

Sec. 4. Subsection (d) of section 20-14o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(d) Notwithstanding the provisions of subsections (b) and (c) of this section, if, in the professional medical judgment of a prescribing practitioner, more than a seven-day supply of an opioid drug is required to treat an adult patient's or minor patient's acute medical condition, as determined by the prescribing practitioner, or is necessary for the treatment of chronic pain, pain associated with a cancer [diagnoses] diagnosis or for palliative care, then the prescribing practitioner may issue a prescription for the quantity needed to treat the acute medical condition, chronic pain, pain associated with a cancer diagnosis or pain experienced while the patient is in palliative care. The condition triggering the prescription of an opioid drug for more than a seven-day supply shall be documented in the patient's medical record and the practitioner shall indicate that an alternative to the opioid drug was not appropriate to address the medical condition.

Sec. 5. Subsection (c) of section 17a-238a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(c) The Commissioner of Developmental Services shall annually report, in accordance with the provisions of section 11-4a, [annually] 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 concerning the number of individuals determined by the department to be eligible for funding or services from the department and who (1) have unmet residential care needs, (2) have unmet employment opportunity and day service needs, or (3) are eligible for the department's behavioral services program and are waiting for a funding allocation.

Sec. 6. Section 46a-10c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

The Office of Protection and Advocacy for Persons with Disabilities and the Board of Protection and Advocacy for Persons with Disabilities are abolished. Any work in progress at said office not completed on or before July 1, 2017, other than investigations initiated pursuant to sections 46a-11a to 46a-11f, inclusive, shall be completed by the Connecticut protection and advocacy system, designated under section [51 of public act 16-66] 46a-10b, in accordance with federal regulations and in the same manner and with the same effect as if completed by said office as it existed immediately prior to July 1, 2017.

Sec. 7. Subsection (d) of section 17b-59f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(d) The Health Information Technology Officer, appointed in accordance with section 19a-755, shall serve as a chairperson of the council. The council shall elect a second chairperson from among its members, who shall not be a state official. The terms of the members shall be coterminous with the terms of the appointing authority for each member and subject to the provisions of section 4-1a. If any vacancy occurs on the council, the appointing authority having the power to make the appointment under the provisions of this section [and] shall appoint a person in accordance with the provisions of this section. A majority of the members of the council shall constitute a quorum. Members of the council shall serve without compensation, but shall be reimbursed for all reasonable expenses incurred in the performance of their duties.

Sec. 8. Subsection (e) of section 16-262m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(e) For systems serving twenty-five or more persons, but not twenty-five or more residents, at least sixty days in any one year, an application for a certificate of public convenience and necessity shall be on a form prescribed by the Department of Public Health and accompanied by a copy of the construction or expansion plans. Said department shall issue a certificate to an applicant upon determining, to its satisfaction, that: (1) No interconnection is feasible with a water system owned by, or made available through arrangement with, the provider for the exclusive service area, as determined pursuant to section 25-33g or with another existing water system where no existing exclusive service area has been assigned; (2) the applicant will complete the construction or expansion in accordance with engineering standards established by said department's regulations for water supply systems; (3) ownership of the system will be assigned to the provider for the exclusive service area, as determined pursuant to section 25-33g, if agreeable to the exclusive service area provider and said department, or may remain with the applicant, if agreeable to said department, until such time as the water system for the exclusive service area, as determined by section 25-33g, has made an extension of the water main, after which the applicant shall obtain service from the provider for the exclusive service area; (4) the proposed construction or expansion will not result in a duplication of water service in the applicable service area; (5) the applicant meets all federal and state standards for water supply systems; (6) the person that will own the water supply system has the financial, managerial and technical resources to (A) operate the proposed water supply system in a reliable and efficient manner, and (B) provide continuous adequate service to [consumers] persons served by the water supply system; (7) the proposed water supply system will not adversely affect the adequacy of nearby water supply systems; and (8) any existing or potential threat of pollution that said department deems to be adverse to public health will not affect any new source of water supply. Any construction or expansion with respect to which a certificate is required shall thereafter be built, maintained and operated in conformity with the certificate and any terms, limitation or conditions contained therein.

Approved July 10, 2017