Sec. 19a-901. Obstetrical ultrasound procedure.
Sec. 19a-903. Prohibited billing practices re hospital-acquired conditions.
Sec. 19a-903a. Circulating nurses in hospitals and outpatient surgical facilities.
Sec. 19a-904c. Electronic health records systems; utilization by hospitals.
Sec. 19a-904d. Health information blocking. Penalty.
Sec. 19a-905. Health care providers who provide direct patient care to wear badges.
Sec. 19a-905a. Recording of developmental screenings by health care providers.
Sec. 19a-906. Telehealth services.
Sec. 19a-907. Conversion therapy. Definitions.
Sec. 19a-907a. Conversion therapy by healthcare provider. Prohibition.
Sec. 19a-907c. Conversion therapy and the expenditure of public funds.
Sec. 19a-908. Initial contact lens prescriptions. Prohibition on use of remote refractive devices.
Sec. 19a-910a. Maintenance of documents in police officer and emergency medical technician vehicles.
Sec. 19a-911. Council on Protecting Women's Health established. Membership. Report.
Sec. 19a-912. Limited services pregnancy centers. Definitions.
Sec. 19a-912a. Deceptive advertising by limited services pregnancy centers. Prohibited.
Sec. 19a-900. Use of cartridge injector by staff member of before or after school program, day camp or child care facility. (a) For the purposes of this section:
(1) “Before or after school program” means any educational or recreational program for children administered in any building or on the grounds of any school by a local or regional board of education or other municipal agency, before or after regular school hours, or both, but does not include a program that is licensed by the Department of Public Health;
(2) “Cartridge injector” means an automatic prefilled cartridge injector or similar automatic injectable equipment used to deliver epinephrine in a standard dose for emergency first aid response to allergic reactions;
(3) “Day camp” means any recreational camp program operated by a municipal agency; and
(4) “Child care facility” means any child care center or group child care home, as described in subdivisions (1) and (2) of subsection (a) of section 19a-77, that is excluded from the licensing requirements of sections 19a-77 to 19a-87, inclusive, by subsection (b) of section 19a-77.
(b) Upon the request and with the written authorization of the parent or guardian of a child attending any before or after school program, day camp or child care facility, and pursuant to the written order of (1) a physician licensed to practice medicine, (2) a physician assistant licensed to prescribe in accordance with section 20-12d, or (3) an advanced practice registered nurse licensed to prescribe in accordance with sections 20-94a and 20-94b, the owner or operator of such before or after school program, day camp or child care facility shall approve and provide general supervision to an identified staff member trained to administer medication with a cartridge injector to such child if the child has a medically diagnosed allergic condition that may require prompt treatment in order to protect the child against serious harm or death. Such staff member shall be trained in the use of a cartridge injector by a licensed physician, physician assistant, advanced practice registered nurse or registered nurse or shall complete a course in first aid offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health, any director of health or an organization using guidelines for first aid and published by the American Heart Association and the American Red Cross.
(P.A. 05-144, S. 2; 05-272, S. 35; P.A. 06-196, S. 151; P.A. 15-227, S. 25; P.A. 16-163, S. 36; P.A. 19-105, S. 6.)
History: P.A. 05-272 amended Subsec. (a)(1) by redefining “Before or after school program” to include programs administered, rather than offered, by a school board or municipality and by removing private providers from the definition, and amended Subsec. (b) by changing “and” to “or” in provision re training and education of staff members; P.A. 06-196 made a technical change in Subsec. (b), effective June 7, 2006; pursuant to P.A. 15-227, “child day care center” and “group day care home” were changed editorially by the Revisors to “child care center” and “group child care home”, respectively, in Subsec. (a)(4), effective July 1, 2015; P.A. 16-163 replaced “day care facility” with “child care facility” and made a technical change, effective June 9, 2016; P.A. 19-105 amended Subsec. (b) by adding provision re organization using guidelines published by the American Heart Association and American Red Cross and make technical changes, effective July 1, 2019.
See Sec. 52-557b(h) re immunity of staff member from civil liability for rendering emergency assistance by using a cartridge injector.
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Sec. 19a-901. Obstetrical ultrasound procedure. No person shall perform an obstetrical ultrasound procedure unless such procedure is (1) ordered by a licensed health care provider, acting within the scope of such provider's authority, and (2) for a medical or diagnostic purpose.
(P.A. 09-125, S. 1.)
History: P.A. 09-125 effective July 1, 2009.
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Sec. 19a-902. Dual licensure program for providers of mental health services and substance abuse services. Drug testing at facilities licensed by Department of Public Health. Regulations. On or before January 1, 2011, the Department of Public Health, in consultation with the Department of Mental Health and Addiction Services, may (1) amend the department's substance abuse treatment regulations; (2) implement a dual licensure program for behavioral health care providers who provide both mental health services and substance abuse services; or (3) permit the use of saliva-based drug screening or urinalysis when conducting initial and subsequent drug screenings of persons who abuse substances other than alcohol at facilities which are licensed by the Department of Public Health.
(P.A. 09-149, S. 3; P.A. 11-242, S. 43; P.A. 19-118, S. 17.)
History: P.A. 09-149 effective June 29, 2009; P.A. 11-242 designated existing requirements re regulations and program as Subdivs. (1) and (2), added Subdiv. (3) re use of saliva-based drug screening and urinalysis at facilities licensed by Department of Public Health and made a technical change; P.A. 19-118 replaced “shall” with “may” and replaced “and” with “or”, effective July 1, 2019.
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Sec. 19a-903. Prohibited billing practices re hospital-acquired conditions. (a) As used in this section:
(1) “Hospital” means an acute care hospital that is subject to the federal inpatient prospective payment system described in 42 CFR 412; and
(2) “Outpatient surgical facility” has the same meaning as provided in section 19a-493b.
(b) No hospital or outpatient surgical facility shall seek payment for any increased costs that are incurred as the direct result of a hospital-acquired condition, identified as nonpayable by Medicare pursuant to Section 5001(c) of the Deficit Reduction Act of 2005. Except as otherwise provided by federal law or section 17b-278e, the provisions of this section shall apply irrespective of the patient's insurance status or source of payment, including self-pay status.
(P.A. 09-206, S. 2.)
History: P.A. 09-206 effective January 1, 2010.
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Sec. 19a-903a. Circulating nurses in hospitals and outpatient surgical facilities. (a) As used in this section:
(1) “Circulating nurse” means a registered nurse licensed under chapter 378 who is educated, trained or experienced in perioperative nursing and who is responsible for coordinating the nursing care and safety needs of a patient in an operating room;
(2) “Outpatient surgical facility” has the same meaning as provided in subsection (a) of section 19a-493b; and
(3) “Perioperative nursing” means nursing services that are provided to patients during the preoperative, intraoperative and immediate postoperative periods of a surgical procedure.
(b) Any hospital or outpatient surgical facility shall ensure that a circulating nurse is assigned to, and present for the duration of, each surgical procedure performed in an operating room of such hospital or outpatient surgical facility. While assigned to a surgical procedure, no hospital or outpatient surgical facility shall assign a circulating nurse to another procedure that is scheduled to occur concurrently or that may overlap in time with the originally assigned surgical procedure. A circulating nurse assigned to a surgical procedure shall be present for the duration of the procedure unless it becomes necessary for the nurse to leave the operating room as part of the procedure or the nurse is relieved by another circulating nurse.
(P.A. 10-117, S. 73.)
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Sec. 19a-903b. Hospital designation of health care providers and technologists to perform oxygen-related patient care activities. Training. Competency testing. Exception. A hospital, as defined in section 19a-490b, may designate any licensed health care provider and any certified ultrasound or nuclear medicine, or polysomnographic technologist to perform the following oxygen-related patient care activities in a hospital: (1) Connecting or disconnecting oxygen supply; (2) transporting a portable oxygen source; (3) connecting, disconnecting or adjusting the mask, tubes and other patient oxygen delivery apparatus; and (4) adjusting the rate or flow of oxygen consistent with a medical order. Such provider or technologist may perform such activities only to the extent permitted by hospital policies and procedures, including bylaws, rules and regulations applicable to the medical staff. A hospital shall document that each person designated to perform oxygen-related patient care activities has been properly trained, either through such person's professional education or through training provided by the hospital. In addition, a hospital shall require that such person satisfy annual competency testing. Nothing in this section shall be construed to prohibit a hospital from designating persons who are authorized to transport a patient with a portable oxygen source. The provisions of this section shall not apply to any type of ventilator, continuous positive airway pressure or bi-level positive airway pressure units or any other noninvasive positive pressure ventilation.
(P.A. 10-117, S. 80; P.A. 11-242, S. 2; P.A. 22-58, S. 63.)
History: P.A. 11-242 substituted “technologist” for “technician” and provided that nothing in section prohibits hospital from designating persons who are authorized to transport a patient with a portable oxygen source, effective July 1, 2011; P.A. 22-58 added reference to polysomnographic technologist.
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Sec. 19a-903c. Medical spas. (a) For purposes of this section:
(1) “Medical spa” means an establishment in which cosmetic medical procedures are performed, but shall not include, hospitals or other licensed health care facilities; and
(2) “Cosmetic medical procedure” means any procedure performed on a person that is directed at improving the person's appearance and that does not meaningfully promote the proper function of the body or prevent or treat illness or disease and may include, but is not limited to, cosmetic surgery, hair transplants, cosmetic injections, cosmetic soft tissue fillers, dermaplaning, dermastamping, dermarolling, dermabrasion that removes cells beyond the stratum corneum, chemical peels using modification solutions that exceed thirty per cent concentration with a pH value of lower than 3.0, laser hair removal, laser skin resurfacing, laser treatment of leg veins, sclerotherapy and other laser procedures, intense pulsed light, injection of cosmetic filling agents and neurotoxins and the use of class II medical devices designed to induce deep skin tissue alteration.
(b) Each medical spa shall employ or contract for the services of: (1) A physician licensed pursuant to chapter 370; (2) a physician assistant licensed pursuant to chapter 370; or (3) an advanced practice registered nurse licensed pursuant to chapter 378. Each such physician, physician assistant or advanced practice registered nurse shall: (A) Be actively practicing in the state; and (B) have received education or training from an institution of higher education or professional organization to perform cosmetic medical procedures and have experience performing such procedures. Any cosmetic medical procedure performed at a medical spa shall be performed in accordance with the provisions of this title and title 20, and shall only be performed by such physician, physician assistant or advanced practice registered nurse, or a registered nurse licensed pursuant to chapter 378.
(c) A physician, physician assistant or advanced practice registered nurse who is employed by, or under contract with, the medical spa shall perform an initial in-person physical assessment of each person undergoing a cosmetic medical procedure at the medical spa prior to such procedure being performed.
(d) Each medical spa shall post information, including the names and any specialty areas of any physician, physician assistant, advanced practice registered nurse or registered nurse performing cosmetic medical procedures, in a conspicuous place that is accessible to customers at the medical spa and on any Internet web site maintained by the medical spa. Such information shall also be: (1) Contained in any advertisement by the medical spa or state that such information may be found on the medical spa's Internet web site and list the address for such Internet web site; and (2) contained in a written notice that is provided to each person before undergoing any cosmetic medical procedure at the medical spa.
(P.A. 14-119, S. 1; P.A. 15-242, S. 19.)
History: P.A. 15-242 amended Subsec. (a)(1) by redefining “medical spa” and amended Subsec. (c) by adding “in-person”.
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Sec. 19a-904. Emergency service members and exposure to infectious diseases. Definitions. Designated officers. Duties of hospital. Request for notification. Immunity from liability. (a) As used in this section:
(1) “Infectious disease” means any infectious disease on the list developed by the United States Secretary of Health and Human Services pursuant to 42 USC 300ff-131, as amended from time to time, and any infectious disease designated by the Commissioner of Public Health pursuant to subsection (b) of this section;
(2) “Airborne infectious disease” means any infectious disease specified as an airborne infectious disease on the list of infectious diseases developed by the United States Secretary of Health and Human Services pursuant to 42 USC 300ff-131, as amended from time to time, and any infectious disease so designated by the Commissioner of Public Health pursuant to subsection (b) of this section;
(3) “Exposed” means to be in circumstances in which there is a recognized risk for transmission of an infectious disease from a human source to an emergency services member, or in the case of an infectious disease designated by the United States Secretary of Health and Human Services as a select agent, from a surface or environment contaminated by the agent to an emergency services member;
(4) “Patient” means a person, whether alive or dead, who has been attended, treated, assisted, handled or transported for medical care by an emergency services member as a result of an emergency;
(5) “Emergency services member” means any police officer as defined in section 7-294a, member of a paid or volunteer fire department, emergency medical technician, ambulance driver, or paramedic as defined in section 19a-175, when acting in an official capacity;
(6) “Emergency medical technician” means any class of emergency medical technician certified under regulations adopted pursuant to section 19a-179, including, but not limited to, any advanced emergency medical technician or emergency medical responder;
(7) “Emergency services organization” means the Division of State Police within the Department of Emergency Services and Public Protection, an organized local police department, municipal constabulary, paid or volunteer fire department, ambulance company or any organization whether public, private or voluntary that offers transportation or treatment services to patients under emergency conditions;
(8) “Hospital” has the same meaning as in section 19a-490;
(9) “Designated officer” means the employee or volunteer of an emergency services organization designated in accordance with subdivision (1) of subsection (c) of this section; and
(10) “Hospital contact person” means the employee of a hospital designated by such hospital in accordance with subdivision (2) of subsection (c) of this section.
(b) The Commissioner of Public Health may designate a disease as an infectious disease or an airborne infectious disease, as both terms are defined in subsection (a) of this section. The commissioner shall adopt regulations in accordance with chapter 54 to designate a disease as an infectious disease or airborne infectious disease in accordance with the provisions of this subsection. The commissioner may implement such designations while in the process of adopting such designations in regulation form, provided the commissioner publishes notice of intention to adopt the regulations on the Department of Public Health's Internet web site and the eRegulations System within twenty days of implementing such designations. Designations implemented pursuant to this subsection shall be valid until the time such regulations are effective.
(c) (1) Each emergency services organization shall designate one employee or volunteer to act as the designated officer to receive notification of cases where persons have possibly been exposed to infectious disease, investigate such cases, maintain contact information for hospital contact persons, request further information from hospital contact persons and maintain any records required under this section. The designated officer may designate another employee or volunteer to serve as his or her designee in the event that the designated officer is unavailable.
(2) Each hospital shall designate one employee to act as the hospital contact person to notify designated officers of cases where persons have possibly been exposed to airborne infectious disease and to receive and respond to requests from designated officers for information concerning the results of any test performed on a patient to determine the presence of an infectious disease. The hospital contact person may designate another employee of the hospital to serve as his or her designee in the event that the hospital contact person is unavailable.
(d) (1) Any hospital that diagnoses a patient as having an airborne infectious disease shall, through its hospital contact person, verbally notify the designated officer of the emergency services organization that attended, treated, assisted, handled or transported such patient no later than forty-eight hours after making such a diagnosis, and shall make such notification in writing not later than seventy-two hours after such diagnosis. Such notification shall include, but not be limited to, the diagnosis and the date on which the patient was attended, treated, assisted, handled or transported as a result of an emergency to such hospital, provided the identity of the patient shall not be disclosed in any such notification.
(2) Any hospital that determines that a patient, who died at or before reaching such hospital and who was attended, treated, assisted, handled or transported by an emergency services member, had an airborne infectious disease shall, through its hospital contact person, notify the designated officer of such determination no later than forty-eight hours after making such determination.
(e) (1) Any member of an emergency service organization who believes that he or she may have been exposed to an infectious disease through the member's contact with a patient who was attended, treated, assisted, handled or transported by the member shall report such incident during which the member believes to have been exposed to an infectious disease to the designated officer. The designated officer shall immediately collect the facts surrounding such incident and evaluate such facts to make a determination of whether it would be reasonable to believe that the member may have been exposed to an infectious disease. If the designated officer determines that it is reasonable to believe that the member may have been exposed to an infectious disease, the designated officer shall submit a written request to the hospital contact person at the hospital that received the patient requesting to be notified of the results of any test performed on the patient to determine the presence of an infectious disease. The request shall include:
(A) The name, address and telephone number of the designated officer submitting the request;
(B) The name of the designated officer's employer or, in the case of a volunteer emergency services member, the entity for which the designated officer volunteers, and the name and contact information of the emergency services member who may have been exposed to the infectious disease; and
(C) The date, time, location and manner of the incident during which the member may have been exposed.
(2) Such request shall be valid for ten days after it is made. If at the end of such ten-day period no test has been performed to determine the presence of an infectious disease, no diagnosis has been made or the result of the test is negative, the hospital shall, through its hospital contact person, so notify the designated officer who made the request. The notification shall not include the name of the patient.
(3) Any hospital that receives a written request for notification shall, through its hospital contact person, give an oral notification of the presence of an infectious disease or of a confirmed positive test result, if known, to the designated officer no later than forty-eight hours after receiving such request, and shall send a written notification no later than three days after receiving such request. If an infectious disease is present or the test results are confirmed positive, both the oral and written notification shall include the name of the infectious disease and the date on which the patient was attended, treated, assisted, handled or transported by the emergency services organization. Such notification shall not disclose the name of the patient.
(4) If a designated officer makes a request pursuant to this subsection and the patient has died at, or before reaching, the hospital receiving such request, the hospital shall, through its hospital contact person, provide a copy of the request to the medical facility ascertaining the cause of death if such facility is not the hospital that received the original request.
(f) (1) Not later than January 1, 2016, each emergency services organization shall notify the Commissioner of Public Health, or the commissioner's designee, of its designated officer and the designated officer's contact information.
(2) Not later than January 1, 2016, each hospital shall notify said commissioner, or said commissioner's designee, of its hospital contact person and the hospital contact person's contact information.
(3) Each emergency services organization and hospital shall promptly notify said commissioner of any change of the designated officer or hospital contact person or such person's contact information.
(g) The Commissioner of Public Health, or the commissioner's designee, shall assist designated officers and hospital contact persons in answering questions with respect to responsibilities of a designated officer or hospital contact person under the provisions of this section. Said commissioner shall, on and after January 1, 2016, maintain and update, as necessary, a list of designated officers and hospital contact persons along with such designated officers' and hospital contact persons' contact information and make such list available to the public on the Department of Public Health's Internet web site.
(h) No cause of action for damages shall arise, or any civil penalty be imposed, against any hospital, hospital contact person or designated officer for failure to comply with the duties established by this section. Notwithstanding the provisions of this subsection, the Commissioner of Public Health may take any action specified in subdivisions (1) to (6), inclusive, of subsection (a) of section 19a-17 and section 19a-494 for a violation of the provisions of this section as the commissioner deems appropriate.
(P.A. 09-76, S. 1; 09-232, S. 43; P.A. 10-18, S. 18; 10-117, S. 22; P.A. 11-51, S. 134; P.A. 15-242, S. 51; P.A. 17-10, S. 3.)
History: P.A. 09-232 redefined “infectious disease” in Subsec. (a)(1); P.A. 10-18 amended Subsec. (a)(5) by replacing “emergency medical technician-intermediate” with “advanced emergency medical technician” and by replacing “medical response technician” with “emergency medical responder”; P.A. 10-117 made technical changes in Subsec. (a)(5), effective June 8, 2010; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (a)(6), effective July 1, 2011; P.A. 15-242 amended Subsec. (a) by redefining “infectious disease” in Subdiv. (1), deleting former Subdiv. (2) defining “exposure”, adding new Subdiv. (2) defining “airborne infectious disease”, adding new Subdiv. (3) defining “exposed”, redesignating existing Subdivs. (3) to (8) as Subdivs. (4) to (9) and adding Subdiv. (10) defining “hospital contact person”, added new Subsec. (b) re designation of a disease by commissioner, redesignated existing Subsec. (b) as Subsec. (c)(1) and amended same by making technical changes, added Subsec. (c)(2) re designation of contact person, redesignated existing Subsec. (c) as Subsec. (d) and amended same by changing “infectious pulmonary tuberculosis” to “an airborne infectious disease” and adding references to hospital contact person, redesignated existing Subsec. (d) as Subsec. (e) and amended same by making technical changes in Subdiv. (1) and adding references to hospital contact person, added Subsec. (f) re notifying commissioner, added Subsec. (g) re assisting designated officers and contact persons in answering questions, redesignated existing Subsec. (e) as Subsec. (h) and amended same by adding reference to hospital contact person and provisions re commissioner taking action for violations, and made a conforming change; P.A. 17-10 amended Subsec. (h) by replacing reference to Sec. 19a-17(a)(5) with reference to Sec. 19a-17(a)(6).
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Sec. 19a-904a. Notice to patients re coverage by health insurance policy. Understandable language in documents submitted to patients or insureds. Collection from insured of money owed by health carrier. (a) On and after January 1, 2016, each health care provider shall, prior to any scheduled admission, procedure or service, for nonemergency care, determine whether the patient is covered under a health insurance policy. If the patient is determined not to have health insurance coverage or the patient's health care provider is out-of-network, such health care provider shall notify the patient, in writing, electronically or by mail, (1) of the charges for the admission, procedure or service, (2) that such patient may be charged, and is responsible for payment for unforeseen services that may arise out of the proposed admission, procedure or service, and (3) if the health care provider is out-of-network under the patient's health insurance policy, that the admission, service or procedure will likely be deemed out-of-network and that any out-of-network applicable rates under such policy may apply. Nothing in this subsection shall prevent a health care provider from charging a patient for such unforeseen services.
(b) Each health care provider and health carrier shall ensure that any notice, billing statement or explanation of benefits submitted to a patient or insured is written in language that is understandable to an average reader.
(c) No health care provider shall collect or attempt to collect from an insured patient any money owed to such health care provider by such patient's health carrier.
(P.A. 15-146, S. 3; P.A. 16-205, S. 4.)
History: P.A. 16-205 added Subsec. (c) re prohibition on collection from insured patient of money owed by health carrier, effective January 1, 2017.
See Sec. 19a-755b re applicable definitions and disclosures required to be provided by hospital to patient.
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Sec. 19a-904b. Notice to health carrier when stopping acceptance of patients in insurance plan. Updates to health care provider directories. (a) Not later than thirty days after the date that a health care provider stops accepting patients who are enrolled in an insurance plan, such health care provider shall notify, in writing, the applicable health carrier.
(b) Each health carrier shall update its health care provider directory or directories in accordance with the provisions of section 38a-477h.
(P.A. 15-146, S. 6; P.A. 17-15, S. 3.)
History: P.A. 17-15 amended Subsec. (b) by deleting “, not less than monthly” and adding “in accordance with the provisions of section 38a-477h”.
See Sec. 38a-472f re removal or departure of participating provider from health carrier network.
See Sec. 19a-755b for applicable definitions.
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Sec. 19a-904c. Electronic health records systems; utilization by hospitals. (a) For purposes of this section:
(1) “Bidirectional connectivity” means the ability of a hospital's electronic health record system to electronically send and receive electronic health records;
(2) “Electronic health record” means any computerized, digital or other electronic record of individual health-related information that is created, held, managed or consulted by a health care provider and may include, but need not be limited to, continuity of care documents, admission, discharge or transfer records, and other information or data relating to a patient's medical history or treatment, including, but not limited to, demographics, medication, allergies, immunizations, laboratory test results, radiology or other diagnostic images, vital signs and statistics;
(3) “Electronic health record system” means a computer-based information system that is used to create, collect, store, manipulate, share, exchange or make available electronic health records for the purpose of the delivery of patient care;
(4) “Health care provider” means any individual, corporation, facility or institution licensed by the state to provide health care services;
(5) “Hospital” has the same meaning as in section 19a-490d; and
(6) “Secure exchange” means the exchange of patient electronic health records between a hospital and a health care provider in a manner that complies with all state and federal privacy requirements, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time.
(b) Each hospital licensed under chapter 368v shall, to the fullest extent practicable (1) use its electronic health records system to enable bidirectional connectivity and provide for the secure exchange of patient electronic health records between the hospital and any other health care provider who maintains an electronic health records system capable of exchanging such records and provides health care services to a patient whose records are the subject of the exchange, and (2) send or receive an electronic health record in accordance with the provisions of this subsection upon the request of a patient or, with the consent and authorization of the patient, a patient's health care provider, provided the transfer or receipt of the electronic health record constitutes a secure exchange and does not violate any state or federal law or regulation or constitute an identifiable and legitimate security or privacy risk. If the hospital has reason to believe that the transfer of an electronic health record under subdivision (2) of this subsection would violate a state or federal law or regulation or constitute an identifiable and legitimate security or privacy risk, the hospital shall notify the patient or health care provider who made the request.
(c) The requirements of this section apply to electronic health records that include, but are not limited to: (1) Laboratory and diagnostic tests; (2) radiological and other diagnostic imaging; (3) continuity of care documents; and (4) admission, discharge or transfer documents.
(d) Each hospital shall implement the use of any hardware, software, bandwidth or program functions or settings already purchased or available to it to support the secure exchange of electronic health records and information as described in subsections (b) and (c) of this section.
(e) Nothing in this section shall be construed as requiring a hospital to pay for, install, construct or build any new or additional information technology, equipment, hardware or software, including interfaces, where such additional items are necessary to enable such exchange.
(f) The failure of a hospital to take all reasonable steps to comply with this section shall constitute evidence of health information blocking pursuant to section 19a-904d.
(g) A hospital that connects to, and actively participates in, the State-wide Health Information Exchange, established pursuant to section 17b-59d shall be deemed to have satisfied the requirements of this section.
(P.A. 15-146, S. 24; P.A. 17-241, S. 4.)
History: P.A. 17-241 amended Subsec. (a) by adding new Subdiv. (1) defining “bidirectional connectivity”, redesignating existing Subdiv. (1) as Subdiv. (2) and amending same by redefining “electronic health record”, redesignating existing Subdivs. (2) and (3) as Subdivs. (3) and (4), adding new Subdiv. (5) defining “hospital” and redesignating existing Subdiv. (4) as Subdiv. (6), amended Subsec. (b) by designating existing provisions re use of electronic health records system as new Subdiv. (1), deleting former Subdiv. (1) and (2) designators, adding new Subdiv. (2) re sending or receiving electronic health record, redesignating provisions re application of requirements of section as new Subsec. (c), and amending same by adding reference to electronic health records, redesignating Subparas. (A) to (D) as Subdivs. (1) to (4), amending redesignated Subdiv. (4) by adding “admission” and replacing “notifications and” with “or transfer”, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g), amended redesignated Subsec. (e) by adding “, install, construct or build”, and made technical and conforming changes.
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Sec. 19a-904d. Health information blocking. Penalty. (a) For purposes of this section:
(1) “Affiliated provider” means a health care provider that is: (A) Employed by a hospital or health system, (B) under a professional services agreement with a hospital or health system that permits such hospital or health system to bill on behalf of such health care provider, or (C) a clinical faculty member of a medical school, as defined in section 33-182aa, that is affiliated with a hospital or health system in a manner that permits such hospital or health system to bill on behalf of such clinical faculty member;
(2) “Certified electronic health record system” means a health record system that is certified by the federal Office of the National Coordinator for Health Information Technology;
(3) “Electronic health record” means any computerized, digital or other electronic record of individual health-related information that is created, held, managed or consulted by a health care provider and may include, but need not be limited to, continuity of care documents, discharge summaries and other information or data relating to patient demographics, medical history, medication, allergies, immunizations, laboratory test results, radiology or other diagnostic images, vital signs and statistics;
(4) “Electronic health record system” means a computer-based information system that is used to create, collect, store, manipulate, share, exchange or make available electronic health records for the purposes of the delivery of patient care;
(5) “Health care provider” means any individual, corporation, facility or institution licensed by the state to provide health care services;
(6) “Health information blocking” means (A) knowingly interfering with or knowingly engaging in business practices or other conduct that is reasonably likely to interfere with the ability of patients, health care providers or other authorized persons to access, exchange or use electronic health records, or (B) knowingly using an electronic health record system to both (i) steer patient referrals to affiliated providers, and (ii) prevent or unreasonably interfere with patient referrals to health care providers who are not affiliated providers but shall not include legitimate referrals between providers participating in an accountable care organizations or similar value-based collaborative care models;
(7) “Hospital” has the same meaning as provided in section 19a-490;
(8) “Health system” has the same meaning as provided in section 19a-508c;
(9) “Seller” means any person or entity that directly, or indirectly through an employee, agent, independent contractor, vendor or other person, sells, leases or offers to sell or lease an electronic health record system or a license or right to use an electronic health record system.
(b) Electronic health records shall, to the fullest extent practicable, (1) follow the patient, (2) be made accessible to the patient, and (3) be shared and exchanged with the health care provider of the patient's choice in a timely manner.
(c) Health information blocking shall be an unfair trade practice pursuant to section 42-110b.
(d) Health information blocking by a hospital, health system or seller shall be subject to the penalties contained in subsection (b) of section 42-110o.
(e) It shall be an unfair trade practice pursuant to section 42-110b for any seller to make a false, misleading or deceptive representation that an electronic health record system is a certified electronic health record system.
(f) The provisions of this section shall be enforced by the Attorney General.
(g) Nothing contained in this section shall be construed as a limitation upon the power or authority of the state, the Attorney General or the Commissioner of Consumer Protection to seek administrative, legal or equitable relief as provided by any state statute or common law.
(P.A. 15-146, S. 20.)
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Sec. 19a-905. Health care providers who provide direct patient care to wear badges. (a) As used in this section:
(1) “Health care provider” means any person employed by or acting on behalf of a health care facility or institution; and
(2) “Health care facility or institution” means a hospital, nursing home, rest home, home health care agency, home health aide agency, emergency medical services organization, assisted living services agency, outpatient surgical facility and an infirmary operated by an educational institution for the care of students enrolled in, and faculty and employees of, such institution.
(b) Any health care provider who provides direct patient care shall wear in plain view during such provider's working hours a photographic identification badge issued by the health care facility or institution that includes the name of the health care facility or institution, the name of the health care provider, and the type of license, certificate or employment title that the health care provider holds with the health care facility or institution. Health care facilities or institutions, in consultation with the Department of Public Health, shall develop policies and procedures concerning (1) the size, content and format of the photographic identification badge required pursuant to this subsection, and (2) any exemptions to the requirements of this subsection necessary to ensure the safety of patients and health care providers.
(P.A. 11-32, S. 1; P.A. 19-97, S. 10.)
History: P.A. 19-97 amended Subsec. (a)(2) by replacing “homemaker-home health aide agency” with “home health aide agency”, effective July 1, 2019.
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Sec. 19a-905a. Recording of developmental screenings by health care providers. Each health care provider, who is authorized under state law to perform a physical examination of a child five years of age or under for purposes of completing, on behalf of such child, the state Department of Education's early childhood health assessment record form or the health assessment form described in section 10-206 shall indicate on such record or form whether or not the health care provider performed a developmental screening during such physical examination. For purposes of this section, “developmental screening” means a screening using a method recommended by the American Academy of Pediatrics to identify concerns regarding a child's physical and mental development, including, but not limited to, the child's sensory, behavioral, motor, language, social, perceptual or emotional skills.
(P.A. 15-157, S. 1.)
History: P.A. 15-157 effective July 1, 2015.
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Sec. 19a-906. Telehealth services. (a) As used in this section:
(1) “Asynchronous” means any transmission to another site for review at a later time that uses a camera or other technology to capture images or data to be recorded.
(2) “Facility fee” has the same meaning as in section 19a-508c.
(3) “Health record” means the record of individual, health-related information that may include, but need not be limited to, continuity of care documents, discharge summaries and other information or data relating to a patient's demographics, medical history, medication, allergies, immunizations, laboratory test results, radiology or other diagnostic images, vital signs and statistics.
(4) “Medical history” means information, including, but not limited to, a patient's past illnesses, medications, hospitalizations, family history of illness if known, the name and address of the patient's primary care provider if known and other matters relating to the health condition of the patient at the time of a telehealth interaction.
(5) “Medication-assisted treatment” means the use of medications approved by the federal Food and Drug Administration, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.
(6) “Originating site” means a site at which a patient is located at the time health care services are provided to the patient by means of telehealth.
(7) “Peripheral devices” means the instruments a telehealth provider uses to perform a patient exam, including, but not limited to, stethoscope, otoscope, ophthalmoscope, sphygmomanometer, thermometer, tongue depressor and reflex hammer.
(8) “Remote patient monitoring” means the personal health and medical data collection from a patient in one location via electronic communication technologies that is then transmitted to a telehealth provider located at a distant site for the purpose of health care monitoring to assist the effective management of the patient's treatment, care and related support.
(9) “Store and forward transfer” means the asynchronous transmission of a patient's medical information from an originating site to the telehealth provider at a distant site.
(10) “Synchronous” means real-time interactive technology.
(11) “Telehealth” means the mode of delivering health care or other health services via information and communication technologies to facilitate the diagnosis, consultation and treatment, education, care management and self-management of a patient's physical and mental health, and includes (A) interaction between the patient at the originating site and the telehealth provider at a distant site, and (B) synchronous interactions, asynchronous store and forward transfers or remote patient monitoring. Telehealth does not include the use of facsimile, audio-only telephone, texting or electronic mail.
(12) “Telehealth provider” means (A) any physician licensed under chapter 370, physical therapist licensed under chapter 376, chiropractor licensed under chapter 372, naturopath licensed under chapter 373, podiatrist licensed under chapter 375, occupational therapist licensed under chapter 376a, optometrist licensed under chapter 380, registered nurse or advanced practice registered nurse licensed under chapter 378, physician assistant licensed under chapter 370, psychologist licensed under chapter 383, marital and family therapist licensed under chapter 383a, clinical social worker or master social worker licensed under chapter 383b, alcohol and drug counselor licensed under chapter 376b, professional counselor licensed under chapter 383c, dietitian-nutritionist certified under chapter 384b, speech and language pathologist licensed under chapter 399, respiratory care practitioner licensed under chapter 381a, audiologist licensed under chapter 397a, pharmacist licensed under chapter 400j or paramedic licensed pursuant to chapter 384d who is providing health care or other health services through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession, and (B) on and after July 1, 2024, an appropriately licensed, certified or registered physician, naturopath, registered nurse, advanced practice registered nurse, physician assistant, psychologist, marital and family therapist, clinical social worker, master social worker, alcohol and drug counselor, professional counselor, dietitian-nutritionist, nurse-midwife, behavior analyst, music therapist or art therapist, in another state or territory of the United States or the District of Columbia, who (i) provides telehealth services under any relevant order issued pursuant to section 19a-906a, (ii) provides mental or behavioral health care through the use of telehealth within such person's scope of practice and in accordance with the standard of care applicable to the profession, and (iii) maintains professional liability insurance, or other indemnity against liability for professional malpractice, in an amount that is equal to or greater than that required for similarly licensed, certified or registered Connecticut mental or behavioral health care providers.
(b) (1) A telehealth provider shall only provide telehealth services to a patient when the telehealth provider: (A) Is communicating through real-time, interactive, two-way communication technology or store and forward technologies; (B) has access to, or knowledge of, the patient's medical history, as provided by the patient, and the patient's health record, including the name and address of the patient's primary care provider, if any; (C) conforms to the standard of care applicable to the telehealth provider's profession and expected for in-person care as appropriate to the patient's age and presenting condition, except when the standard of care requires the use of diagnostic testing and performance of a physical examination, such testing or examination may be carried out through the use of peripheral devices appropriate to the patient's condition; and (D) provides the patient with the telehealth's provider license number and contact information.
(2) At the time of the telehealth provider's first telehealth interaction with a patient, the telehealth provider shall inform the patient concerning the treatment methods and limitations of treatment using a telehealth platform and, after providing the patient with such information, obtain the patient's consent to provide telehealth services. The telehealth provider shall document such notice and consent in the patient's health record. If a patient later revokes such consent, the telehealth provider shall document the revocation in the patient's health record.
(c) Notwithstanding the provisions of this section or title 20, no telehealth provider shall prescribe any schedule I, II or III controlled substance through the use of telehealth, except a schedule II or III controlled substance other than an opioid drug, as defined in section 20-14o, in a manner fully consistent with the Ryan Haight Online Pharmacy Consumer Protection Act, 21 USC 829(e), as amended from time to time, for the treatment of a person with a psychiatric disability or substance use disorder, as defined in section 17a-458, including, but not limited to, medication-assisted treatment. A telehealth provider using telehealth to prescribe a schedule II or III controlled substance pursuant to this subsection shall electronically submit the prescription pursuant to section 21a-249.
(d) Each telehealth provider shall, at the time of the initial telehealth interaction, ask the patient whether the patient consents to the telehealth provider's disclosure of records concerning the telehealth interaction to the patient's primary care provider. If the patient consents to such disclosure, the telehealth provider shall provide records of all telehealth interactions to the patient's primary care provider, in a timely manner, in accordance with the provisions of sections 20-7b to 20-7e, inclusive.
(e) Any consent required under this section shall be obtained from the patient, or the patient's legal guardian, conservator or other authorized representative, as applicable.
(f) The provision of telehealth services and health records maintained and disclosed as part of a telehealth interaction shall comply with the provisions of the Health Insurance Portability and Accountability Act of 1996 P.L. 104-191, as amended from time to time.
(g) Nothing in this section shall prohibit: (1) A health care provider from providing on-call coverage pursuant to an agreement with another health care provider or such health care provider's professional entity or employer; (2) a health care provider from consulting with another health care provider concerning a patient's care; (3) orders of health care providers for hospital outpatients or inpatients; or (4) the use of telehealth for a hospital inpatient, including for the purpose of ordering any medication or treatment for such patient in accordance with Ryan Haight Online Pharmacy Consumer Protection Act, 21 USC 829(e), as amended from time to time. For purposes of this subsection, “health care provider” means a person or entity licensed or certified pursuant to chapter 370, 372, 373, 375, 376 to 376b, inclusive, 378, 379, 380, 381a, 383 to 383c, inclusive, 384b, 397a, 399 or 400j, or licensed or certified pursuant to chapter 368d or 384d.
(h) No telehealth provider or hospital shall charge a facility fee for telehealth services. Such prohibition shall apply to hospital telehealth services whether provided on campus or otherwise. For purposes of this subsection, “hospital” has the same meaning as provided in section 19a-490 and “campus” has the same meaning as provided in section 19a-508c.
(P.A. 15-88, S. 1; P.A. 16-25, S. 1, 2; P.A. 18-148, S. 1; P.A. 19-118, S. 67; P.A. 22-81, S. 30, 31.)
History: P.A. 16-25 amended Subsec. (a)(11) by adding references to speech and language pathologist, respiratory care practitioner and audiologist, and amended Subsec. (f) by adding references to chapters 376 to 376b, 380, 381a, 383 to 383c, 384b, 397a and 399; P.A. 18-148 amended Subsec. (a) by adding new Subdiv. (2) re definition of “facility fee”, redesignating existing Subdiv. (2) re definition of “health record” as Subdiv. (3), deleting former Subdiv. (3) re definition of “facility fee”, adding new Subdiv. (5) re definition of “medication-assisted treatment”, redesignating existing Subdivs. (5) to (11) as Subdivs. (6) to (12), and amending redesignated Subdiv. (12) by adding references to registered nurse and pharmacist, amended Subsec. (b)(2) by adding provision re patient revoking consent, amended Subsec. (c) by adding provision re exception for schedule II or III controlled substance other than opioid drug, and amended Subsec. (d) by replacing “each telehealth interaction” with “the initial telehealth interaction”, added new Subsec. (e) re consent required under section, redesignated existing Subsecs. (e) to (g) as Subsecs. (f) to (h), and amended redesignated Subsec. (g) by adding Subdiv. (4) re use of telehealth for a hospital inpatient, and adding reference to Ch. 400j, and made technical changes, effective July 1, 2018; P.A. 19-118 amended Subsec. (a)(12) by adding reference to paramedic and made technical changes, effective July 1, 2019; P.A. 22-81 amended Subsec. (a)(12) by redefining “telehealth provider” and amended Subsec. (h) by adding provisions re prohibition on hospitals charging facility fees and defining “hospital” and “campus”, effective May 24, 2022.
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Sec. 19a-906a. Issuance of order authorizing out-of-state telehealth providers to provide telehealth services to patients in this state. The Commissioner of Public Health may issue an order authorizing telehealth providers who are not licensed, certified or registered to practice in this state to provide telehealth services to patients in this state. Such order may be of limited duration and limited to one or more types of providers described in subdivision (13) of subsection (a) of section 1 of public act 21-9*, or subdivision (12) of subsection (a) of section 19a-906. The commissioner may impose conditions including, but not limited to, a requirement that any telehealth provider providing telehealth services to patients in this state pursuant to such order shall submit an application for licensure, certification or registration, as applicable. The commissioner may suspend or revoke any authorization provided pursuant to this section to a telehealth provider who violates any condition imposed by the commissioner or applicable requirements for the provision of telehealth services under the law. Any such order issued pursuant to this section shall not constitute a regulation, as defined in section 4-166.
(P.A. 22-81, S. 33.)
*Note: Section 1 of public act 21-9 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: P.A. 22-81 effective July 1, 2022.
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Sec. 19a-907. Conversion therapy. Definitions. As used in this section and sections 19a-907a to 19a-907c, inclusive:
(1) “Conversion therapy” means any practice or treatment administered to a person under eighteen years of age that seeks to change the person's sexual orientation or gender identity, including, but not limited to, any effort to change gender expression or to eliminate or reduce sexual or romantic attraction or feelings toward persons of the same gender. “Conversion therapy” does not include counseling intended to (A) assist a person undergoing gender transition, (B) provide acceptance, support and understanding to the person, or (C) facilitate the person's coping, social support or identity exploration and development, including, but not limited to, any therapeutic intervention that is neutral with regard to sexual orientation and seeks to prevent or address unlawful conduct or unsafe sexual practices, provided such counseling does not seek to change the person's sexual orientation or gender identity.
(2) “Health care provider” means a licensed practitioner of the healing arts, as defined in section 20-1, an occupational therapist licensed pursuant to chapter 376a, an alcohol and drug counselor licensed pursuant to chapter 376b or certified pursuant to section 20-74s, a registered nurse or advanced practice registered nurse licensed under chapter 378, a nurse's aide registered pursuant to chapter 378a, a board certified behavior analyst, as defined under chapter 382a, a psychologist licensed pursuant to chapter 383, a marriage and family therapist licensed pursuant to chapter 383a, a clinical social worker or master clinical social worker licensed pursuant to chapter 383b, a professional counselor licensed pursuant to chapter 383c, a genetic counselor licensed pursuant to chapter 383d, a pharmacist licensed pursuant to chapter 400j, a hypnotist registered with the Department of Consumer Protection pursuant to chapter 400m or any person licensed, certified or registered under comparable provisions of law outside of the state but providing professional services under such license, certification or registration in the state.
(P.A. 17-5, S. 1.)
History: P.A. 17-5 effective May 10, 2017.
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Sec. 19a-907a. Conversion therapy by healthcare provider. Prohibition. (a) No health care provider shall engage in conversion therapy.
(b) Any conversion therapy practiced by a health care provider shall be considered unprofessional conduct and shall be grounds for disciplinary action under section 19a-17, 21a-7 or 21a-8, including, but not limited to, suspension or revocation of the professional's license, certification or registration to practice his or her profession.
(c) Nothing in sections 19a-907 to 19a-907c, inclusive, shall prevent a national certifying body that certifies any licensed, certified or registered professional from acting in response to a complaint that a licensed, certified or registered professional has engaged in conversion therapy.
(P.A. 17-5, S. 2.)
History: P.A. 17-5 effective May 10, 2017.
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Sec. 19a-907b. Conversion therapy in conduct of trade or commerce. Prohibition. Unfair or deceptive trade practice. (a) It shall be unlawful for any person who practices or administers conversion therapy to practice or administer such therapy while in the conduct of trade or commerce.
(b) A violation of subsection (a) of this section shall be considered an unfair or deceptive trade practice pursuant to section 42-110b and shall be subject to the same enforcement, liabilities and penalties as set forth in sections 42-110a to 42-110q, inclusive.
(P.A. 17-5, S. 3.)
History: P.A. 17-5 effective May 10, 2017.
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Sec. 19a-907c. Conversion therapy and the expenditure of public funds. No public funds, as defined in section 9-601, shall be expended for the purpose of (1) practicing conversion therapy, (2) referring a person to a health care provider for conversion therapy, (3) referring any individual to any person engaged in trade or commerce for conversion therapy, (4) health benefits coverage for conversion therapy, or (5) a grant or contract with any entity to conduct conversion therapy or refer any person to a health care provider for conversion therapy or to a person engaged in trade or commerce to provide conversion therapy.
(P.A. 17-5, S. 4.)
History: P.A. 17-5 effective May 10, 2017.
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Sec. 19a-908. Initial contact lens prescriptions. Prohibition on use of remote refractive devices. (a) As used in this section:
(1) “Contact lens” means any lens placed directly on the surface of the eye, regardless of whether or not the lens is intended to correct a visual defect, including, but not limited to, any cosmetic, therapeutic or corrective lens;
(2) “Eye examination” means a physical assessment of the ocular health and visual status of a patient that may include, but does not consist solely of, objective refractive data or information generated by an automated testing device, including, but not limited to, a remote refractive device, in order to establish a medical diagnosis or for the correction of vision disorders;
(3) “Initial prescription” means a provider's handwritten or electronic contact lens prescription, as defined in 15 USC 7610, that the provider issues the first time the provider fits a patient with a contact lens;
(4) “In-person evaluation” means a patient evaluation conducted by a provider who is at the same physical location as the location of the patient;
(5) “Provider” means an optometrist licensed pursuant to chapter 380 or a physician licensed pursuant to chapter 370 who specializes in ophthalmology; and
(6) “Remote refractive device” means automated equipment or an application designed to be used on a telephone, computer or Internet-based device that can be used either in person or remotely to conduct a test to determine the refractive status of the eyes.
(b) A provider may not use the data or information obtained from the administration of a test using a remote refractive device as the sole basis for issuing an initial prescription or renewing an initial prescription. No provider shall issue an initial prescription to or renew an initial prescription for a patient without having performed an in-person evaluation and an eye examination of the patient.
(P.A. 17-115, S. 1.)
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Sec. 19a-909. Access to and maintenance and administration of epinephrine cartridge injectors by authorized entities. Limitation on liability. (a) As used in this section and sections 21a-70 and 52-557v:
(1) “Epinephrine cartridge injector” means an automatic prefilled cartridge injector or similar automatic injectable equipment used to deliver epinephrine in a standard dose for an emergency first aid response to allergic reactions;
(2) “Person with training” means a person who (A) (i) has completed a course in first aid that includes training in recognizing the signs and symptoms of anaphylaxis, administering epinephrine and following emergency protocol, approved by a prescribing practitioner pursuant to a medical protocol established in accordance with subsection (b) of this section, which course may be offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health, and (ii) is certified by said organizations, department or director of health offering the course, or (B) who has received training in the recognition of the signs and symptoms of anaphylaxis, the use of an epinephrine cartridge injector and emergency protocol by a licensed physician, physician assistant, advanced practice registered nurse or emergency medical services personnel;
(3) “Documentation evidencing training” includes a certificate issued by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health or a written statement of acknowledgment of training signed by a licensed physician, physician assistant, advanced practice registered nurse or emergency medical services personnel; and
(4) “Authorized entity” means any for-profit or nonprofit entity or organization that employs at least one person with training. “Authorized entity” does not include the state or any political subdivision thereof authorized to purchase epinephrine pursuant to subsection (h) of section 21a-70, a local or regional board of education required to maintain epinephrine cartridge injectors pursuant to subdivision (2) of subsection (d) of section 10-212a or a licensed or a certified ambulance service required to be equipped with epinephrine cartridge injectors pursuant to subsection (b) of section 19a-197a.
(b) An authorized entity and a prescribing practitioner, as defined in section 20-14c, who is authorized to prescribe an epinephrine cartridge injector, may establish a medical protocol regarding the administration of an epinephrine cartridge injector by a person with training who is employed by or an agent of an authorized entity for the purpose of rendering emergency care in accordance with subsection (d) of this section. Such medical protocol shall include, but need not be limited to, (1) any training required, in addition to the training required under subdivision (2) of subsection (a) of this section, for an employee or agent of an authorized entity to be designated as a person with training, (2) the records to be maintained in accordance with this subsection and subsections (c) and (e) of this section, (3) the proper storage and maintenance of epinephrine cartridge injectors, and (4) the procedure for handling emergency medical situations involving anaphylactic allergic reactions at the authorized entity's place of business. Any such medical protocol shall be deemed established for a legitimate medical purpose in the usual course of the prescribing practitioner's professional practice. An authorized entity shall maintain a copy of such medical protocol established under this section at the place of business to which it applies and, not less than annually, review such medical protocol with the designated persons with training and the prescribing practitioner.
(c) An authorized entity that has established a medical protocol with a prescribing practitioner pursuant to subsection (b) of this section may acquire and maintain a supply of epinephrine cartridge injectors from a wholesaler, as defined in section 21a-70. The epinephrine cartridge injectors shall be stored in a location readily accessible in an emergency, in accordance with the instructions for use included with such epinephrine cartridge injectors and the established medical protocol. An authorized entity shall designate a person or persons with training who are employees or agents of the authorized entity to be responsible for the storage, maintenance and control of the epinephrine cartridge injectors. An authorized entity shall maintain documentation (1) of all epinephrine cartridge injectors acquired by such authorized entity, and (2) evidencing the training acquired by each such designated person with training.
(d) A person with training who is an employee or agent of an authorized entity that acquires and maintains a supply of epinephrine cartridge injectors pursuant to subsection (c) of this section may, in accordance with the established medical protocol, (1) provide an epinephrine cartridge injector to an individual or to the parent, guardian or caregiver of an individual, whom the person with training believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine cartridge injector or a prior medical diagnosis of an allergic condition, for the purpose of immediate administration of such epinephrine cartridge injector by such individual, parent, guardian or caregiver, or (2) administer an epinephrine cartridge injector to an individual whom the person with training believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine cartridge injector or a prior medical diagnosis of an allergic condition. The person with training or any other employee or agent of the authorized entity shall promptly notify a local emergency medical services organization after any administration of an epinephrine cartridge injector acquired and maintained by the authorized entity.
(e) Each authorized entity shall report to the prescribing practitioner with whom it has established a medical protocol any incident that involves the administration of an epinephrine cartridge injector acquired and maintained by the authorized entity under this section not later than thirty days after the date of such incident and shall maintain a record of such incident.
(f) (1) A prescribing practitioner who is authorized to prescribe epinephrine may establish a medical protocol with an authorized entity in accordance with this section without being liable for damages in a civil action or subject to criminal prosecution for establishing such medical protocol or for any subsequent use of an epinephrine cartridge injector acquired and maintained by the authorized entity under this section. A prescribing practitioner who has established a medical protocol with an authorized entity in accordance with the provisions of this section shall be deemed not to have violated the standard of care for such licensed health care provider.
(2) A person with training or an authorized entity that employs or has an agent who is a person with training who provides or administers an epinephrine cartridge injector to an individual whom the person with training believes in good faith is experiencing anaphylaxis in accordance with the provisions of this section shall not be liable to such individual for civil damages or subject to criminal prosecution for any personal injuries that result from acts or omissions by such person with training in using an epinephrine cartridge injector, which may constitute ordinary negligence. The immunity provided in this subsection shall not apply to wilful or wanton misconduct or acts or omissions constituting gross negligence.
(g) The Commissioners of Consumer Protection or Public Health may adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
(P.A. 19-19, S. 1; 19-118, S. 63.)
History: P.A. 19-19 effective June 13, 2019 (Revisor's note: In Subsec. (b) “subdivision (2) of section 1 of this act” was changed to “subdivision (2) of subsection (a) of this section” for accuracy); P.A. 19-118 amended Subsec. (a) by adding “and sections 2 and 3 of this act”, effective July 9, 2019 (Revisor's note: In codifying this section, an incorrect reference to “sections 2 and 3 of this act” was deemed by the Revisors to be a reference to Secs. 21a-70 and 52-557v, which are Secs. 2 and 3 of P.A. 19-19).
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Sec. 19a-910. Development of communication aid for use during emergencies. Maintenance of communication aid in vehicle. (a) As used in this section:
(1) “Emergency medical services personnel” has the same meaning as provided in section 20-206jj;
(2) “Firefighter” means a uniformed member of a paid or volunteer fire department; and
(3) “Police officer” has the same meaning as provided in section 46b-15.
(b) The University of Connecticut Center for Excellence in Developmental Disabilities shall develop a communication aid for use by emergency medical services personnel, firefighters, police officers, active members of ambulance services licensed or certified in accordance with section 19a-180, emergency mobile psychiatric services personnel and mental health crisis intervention services personnel. Such communication aid shall describe techniques for serving and interacting with juveniles and adults with autism spectrum disorder, cognitive impairment and nonverbal learning disorder and contain communication aids for use during emergencies when verbal communication may be hindered or impossible. Not later than December 1, 2019, the center shall publish such communication aid on its Internet web site.
(c) On and after January 1, 2020, each emergency medical services personnel, firefighter, police officer, active member of an ambulance service licensed or certified in accordance with section 19a-180, emergency mobile psychiatric services personnel and mental health crisis intervention services personnel shall maintain a paper or electronic copy of the communication aid developed pursuant to subsection (b) of this section in any vehicle used by such personnel, officer or member in the course of his or her duties.
(P.A. 19-147, S. 4.)
History: P.A. 19-147 effective July 1, 2019.
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Sec. 19a-910a. Maintenance of documents in police officer and emergency medical technician vehicles. On and after January 1, 2023, each police officer, as defined in section 46b-15, and emergency medical technician, as defined in section 19a-904, shall maintain, in any vehicle used by such officer or technician in the course of his or her duties, copies of documents concerning (1) behavioral and mental health evaluation and treatment resources available to children, developed pursuant to section 17a-22r for the mental health region in which such technician is located; and (2) services and resources available to victims of domestic violence, published pursuant to section 10-10g. Such officer or technician may provide a copy of such documents to any person or family of a person who such technician determines may benefit from the services or resources described in such documents.
(P.A. 22-47, S. 63.)
History: P.A. 22-47 effective July 1, 2022.
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Sec. 19a-911. Council on Protecting Women's Health established. Membership. Report. (a) There is established a Council on Protecting Women's Health that shall advise the joint standing committees of the General Assembly having cognizance of matters relating to public health and insurance on strategies and any necessary legislative changes to ensure that the actions of the federal government do not impede the provision of health care to women in the state. The council shall monitor legislation at the federal level and any litigation relating to women's health and wellness that has the potential to negatively impact women's health in the state and immediately report, in accordance with the provisions of section 11-4a, to such joint standing committees on strategies, including, but not limited to, the initiation of legislation to protect women's health in the state.
(b) The Council on Protecting Women's Health shall be comprised of (1) the following ex-officio voting members: (A) The Commissioner of Public Health, or the commissioner's designee; (B) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (C) the Insurance Commissioner, or the commissioner's designee; (D) the executive director of Office of Health Strategy, or the executive director's designee; (E) the Healthcare Advocate, or the Healthcare Advocate's designee; and (F) the Secretary of the Office of Policy and Management, or the secretary's designee; and (2) fourteen public members, three of whom shall be appointed by the president pro tempore of the Senate, three of whom shall be appointed by the speaker of the House of Representatives, two of whom shall be appointed by the majority leader of the Senate, two of whom shall be appointed by the majority leader of the House of Representatives, two of whom shall be appointed by the minority leader of the Senate and two of whom shall be appointed by the minority leader of the House of Representatives, and all of whom shall be knowledgeable on issues relative to women's health care in the state. The membership of the council shall fairly and adequately represent women who have had issues accessing quality health care in the state.
(c) All appointments to the council shall be made not later than sixty days after July 1, 2019. Any vacancy shall be filled by the appointing authority. Members shall serve two-year terms and no public member shall serve for more than two consecutive terms.
(d) The council shall elect two cochairpersons from among its members. The council shall meet at least quarterly. Members of the council shall serve without compensation, except for necessary expenses incurred in the performance of their duties.
(e) The Joint Committee on Legislative Management shall provide administrative support to the chairpersons of the council and assistance in convening the council's meetings.
(f) Not later than January 1, 2020, and annually thereafter, the council shall submit a status report on protecting women's health care in the state, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to public health and insurance.
(P.A. 19-70, S. 1.)
History: P.A. 19-70 effective July 1, 2019.
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Sec. 19a-912. Limited services pregnancy centers. Definitions. As used in this section and sections 19a-912a and 19a-912b:
(1) “Abortion” means the termination of a pregnancy for purposes other than producing a live birth. “Abortion” includes, but is not limited to, a termination of a pregnancy using pharmacological agents;
(2) “Client” means an individual who is inquiring about or seeking services at a pregnancy services center;
(3) “Clinical laboratory services” means the microbiological, serological, chemical, hematological, biophysical, cytological or pathological examination of materials derived from the human body for the purpose of obtaining information for the diagnosis, prevention or treatment of disease or the assessment of a health condition;
(4) “Emergency contraception” means one or more prescription drugs (A) used separately or in combination for the purpose of preventing pregnancy, (B) administered to or self-administered by a patient within a medically recommended amount of time after sexual intercourse, (C) dispensed for such purpose in accordance with professional standards of practice, and (D) determined by the United States Food and Drug Administration to be safe for such purpose;
(5) “Health information” means any oral or written information in any form or medium that relates to health insurance or the past, present or future physical or mental health or condition of a client;
(6) “Licensed health care provider” means a person licensed under the provisions of federal or state law to provide health care or other medical services;
(7) “Limited services pregnancy center” means a pregnancy services center that does not directly provide, or provide referrals for, abortions or emergency contraception;
(8) “Pregnancy-related service” means any medical or health counseling service related to pregnancy or pregnancy prevention, including, but not limited to, contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram and prenatal care;
(9) “Pregnancy services center” means a facility, including a mobile facility, the primary purpose of which is to provide services to clients who are or have reason to believe they may be pregnant and that either (A) offers obstetric ultrasounds, obstetric sonograms, pregnancy testing or diagnosis or prenatal care to pregnant clients, or (B) has the appearance of a medical facility by virtue of having two or more of the following factors present: (i) Staff or volunteers who wear medical attire and uniforms; (ii) one or more examination tables; (iii) a private or semiprivate room or area containing medical supplies or medical instruments; (iv) staff or volunteers who collect health information from clients; or (v) the facility is located on the same premises as a licensed health care facility or licensed health care provider or shares facility space with a licensed health care provider;
(10) “Premises” means land and improvements or appurtenances or any part thereof; and
(11) “Prenatal care” means services consisting of a physical examination, pelvic examination or clinical laboratory services provided to a client during pregnancy.
(P.A. 21-17, S. 1.)
History: P.A. 21-17 effective July 1, 2021.
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Sec. 19a-912a. Deceptive advertising by limited services pregnancy centers. Prohibited. No limited services pregnancy center, with the intent to perform a pregnancy-related service, shall make or disseminate before the public, or cause to be made or disseminated before the public, in any newspaper or other publication, through any advertising device, or in any other manner, including, but not limited to, through use of the Internet, any statement concerning any pregnancy-related service or the provision of any pregnancy-related service that is deceptive, whether by statement or omission, and that a limited services pregnancy center knows or reasonably should know to be deceptive.
(P.A. 21-17, S. 2.)
History: P.A. 21-17 effective July 1, 2021.
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Sec. 19a-912b. Deceptive advertising by limited services pregnancy centers. Injunctive relief. Civil penalty. (a) The Attorney General may apply to any court of competent jurisdiction for injunctive relief to compel compliance with the provisions of section 19a-912a and correct the effects of the deceptive advertising, provided the Attorney General gives written notice to the limited services pregnancy center in accordance with subsection (b) of this section. Any injunctive relief ordered by the court may include requiring the limited service pregnancy center to:
(1) Pay for and disseminate appropriate corrective advertising in the same form and using the same advertising device as used in the deceptive advertising;
(2) Post a remedial notice that corrects the effects of the deceptive advertising; or
(3) Provide such other narrowly tailored relief as the court deems necessary to remedy the adverse effects of the deceptive advertising on any clients seeking pregnancy-related services.
(b) Prior to commencing an action pursuant to subsection (a) of this section, the Attorney General shall give written notice to the limited services pregnancy center of the violation of section 19a-912a and allow the limited services pregnancy center to cure such violation not later than ten days after receipt of the written notice. The Attorney General may file an action pursuant to subsection (a) of this section after such ten-day period if the limited services pregnancy center does not respond to the written notice or refuses to cure the violation of section 19a-912a.
(c) Upon a finding by the court that a limited services pregnancy center has violated any provision of section 19a-912a, the state shall be entitled to recover (1) civil penalties of not less than fifty dollars and not more than five hundred dollars per violation, and (2) reasonable attorney's fees and costs.
(d) Nothing in this section shall prohibit the state or any political subdivision thereof from seeking any administrative, legal or equitable relief permitted by law, including, but not limited to, relief permitted by chapter 735a and the regulations adopted thereunder.
(P.A. 21-17, S. 3.)
History: P.A. 21-17 effective July 1, 2021.
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Sec. 19a-913. Establishment of guidelines by department for use of nonpharmaceutical therapies to treat chronic pain. On or before January 1, 2022, the Commissioner of Public Health shall (1) establish guidelines for the use of evidence-based, nonpharmaceutical therapies to treat chronic pain, including, but not limited to, chiropractic treatment and physical therapy, and (2) conduct educational and outreach activities to raise awareness of such guidelines.
(P.A. 21-113, S. 2.)
History: P.A. 21-113 effective July 1, 2021.
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Sec. 19a-914. Pediatric mental health, behavioral health and substance use disorder screening tool for use by pediatricians and emergency departments. On or before January 1, 2023, the Department of Public Health, in consultation with the Department of Children and Families, shall develop or procure, in consultation with a representative of a children's hospital located in the state and the Connecticut chapter of a national professional association of pediatricians and of a national professional association of child and adolescent psychiatrists, a pediatric mental health, behavioral health and substance use disorder screening tool to be completed by a child and, where appropriate, the child's parent or guardian prior to or during the child's appointment with the child's pediatrician or during the child's visit to an emergency department. Said departments shall establish standards regarding the minimum age at which such screening tool should first be utilized for a child. Such screening tool shall include questions geared toward assisting the pediatrician or emergency department physician in diagnosing common mental health and behavioral health conditions and substance use disorders that may require specialized treatment. On or before January 1, 2023, the Department of Public Health, in collaboration with the Departments of Children and Families and Mental Health and Addiction Services, shall make the screening tool available to all pediatricians and emergency department physicians in the state, free of charge, and make recommendations to pediatricians and emergency department physicians for its effective use. Pediatricians and emergency department physicians shall use the screening tool developed pursuant to this section as a supplement to the existing methods used to diagnose a mental health or behavioral health condition or a substance use disorder. Pediatricians shall provide such screening tool to each patient on an annual basis. Emergency department physicians shall provide such screening tool to each emergency department patient who is under the age of eighteen and at least the age determined by the Departments of Public Health and Children and Families, or the parents or guardian of such patient, prior to such patient's discharge from the emergency department and, to the extent possible and as soon as practicable, send a copy of such completed screening tool to such patient's pediatrician or primary care provider.
(P.A. 22-47, S. 33.)
History: P.A. 22-47 effective May 23, 2022.
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Sec. 19a-915. Reciprocal licensure or endorsement for speech and language pathology and occupational therapy. Report. (a) The Commissioner of Public Health, in consultation with the Commissioner of Early Childhood, shall develop and implement a plan to establish licensure by reciprocity or endorsement of a person who (1) is (A) a speech and language pathologist licensed or certified to provide speech and language pathology services, or entitled to provide speech and language pathology services under a different designation, in another state having requirements for practicing in such capacity that are substantially similar to or higher than the requirements in force in this state, or (B) an occupational therapist licensed or certified to provide occupational therapy services, or entitled to provide occupational therapy services under a different designation, in another state having requirements for practicing in such capacity that are substantially similar to or higher than the requirements in force in this state, (2) has no disciplinary action or unresolved complaint pending against such person, and (3) intends to provide early intervention services under the employment of an early intervention service program participating in the birth-to-three program established pursuant to section 17a-248b. When developing and implementing such plan, the Commissioner of Public Health shall consider eliminating barriers to the expedient licensure of such persons in order to immediately address the needs of children receiving early intervention services under the birth-to-three program. The provisions of any interstate licensure compact regarding a speech and language pathologist or occupational therapist adopted by the state shall supersede any program of licensure by reciprocity or endorsement implemented under this section for such speech and language pathologist or occupational therapist.
(b) On or before January 1, 2023, the Commissioner of Public Health shall (1) implement the plan to establish licensure by reciprocity or endorsement, and (2) report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to public health and children regarding such plan and recommendations for any necessary legislative changes related to such plan.
(P.A. 22-81, S. 26.)
History: P.A. 22-81 effective May 24, 2022.
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