Chapter 368a

Sec. 19a-2a. Powers and duties. The Commissioner of Public Health shall employ the most efficient and practical means for the prevention and suppression of disease and shall administer all laws under the jurisdiction of the Department of Public Health and the Public Health Code. The commissioner shall have responsibility for the overall operation and administration of the Department of Public Health. The commissioner shall have the power and duty to: (1) Administer, coordinate and direct the operation of the department; (2) adopt and enforce regulations, in accordance with chapter 54, as are necessary to carry out the purposes of the department as established by statute; (3) establish rules for the internal operation and administration of the department; (4) establish and develop programs and administer services to achieve the purposes of the department as established by statute; (5) enter into a contract, including, but not limited to, a contract with another state, for facilities, services and programs to implement the purposes of the department as established by statute; (6) designate a deputy commissioner or other employee of the department to sign any license, certificate or permit issued by said department; (7) conduct a hearing, issue subpoenas, administer oaths, compel testimony and render a final decision in any case when a hearing is required or authorized under the provisions of any statute dealing with the Department of Public Health; (8) with the health authorities of this and other states, secure information and data concerning the prevention and control of epidemics and conditions affecting or endangering the public health, and compile such information and statistics and shall disseminate among health authorities and the people of the state such information as may be of value to them; (9) annually issue a list of reportable diseases, emergency illnesses and health conditions and a list of reportable laboratory findings and amend such lists as the commissioner deems necessary and distribute such lists as well as any necessary forms to each licensed physician, licensed physician assistant, licensed advanced practice registered nurse and clinical laboratory in this state. The commissioner shall prepare printed forms for reports and returns, with such instructions as may be necessary, for the use of directors of health, boards of health and registrars of vital statistics; and (10) specify uniform methods of keeping statistical information by public and private agencies, organizations and individuals, including a client identifier system, and collect and make available relevant statistical information, including the number of persons treated, frequency of admission and readmission, and frequency and duration of treatment. The client identifier system shall be subject to the confidentiality requirements set forth in section 17a-688 and regulations adopted thereunder. The commissioner may designate any person to perform any of the duties listed in subdivision (7) of this section. The commissioner shall have authority over directors of health and may, for cause, remove any such director; but any person claiming to be aggrieved by such removal may appeal to the Superior Court which may affirm or reverse the action of the commissioner as the public interest requires. The commissioner shall assist and advise local directors of health and district directors of health in the performance of their duties, and may require the enforcement of any law, regulation or ordinance relating to public health. In the event the commissioner reasonably suspects impropriety on the part of a local director of health or district director of health, or employee of such director, in the performance of his or her duties, the commissioner shall provide notification and any evidence of such impropriety to the appropriate governing authority of the municipal health authority, established pursuant to section 19a-200, or the district department of health, established pursuant to section 19a-244, for purposes of reviewing and assessing a director's or an employee's compliance with such duties. Such governing authority shall provide a written report of its findings from the review and assessment to the commissioner not later than ninety days after such review and assessment. When requested by local directors of health or district directors of health, the commissioner shall consult with them and investigate and advise concerning any condition affecting public health within their jurisdiction. The commissioner shall investigate nuisances and conditions affecting, or that he or she has reason to suspect may affect, the security of life and health in any locality and, for that purpose, the commissioner, or any person authorized by the commissioner, may enter and examine any ground, vehicle, apartment, building or place, and any person designated by the commissioner shall have the authority conferred by law upon constables. Whenever the commissioner determines that any provision of the general statutes or regulation of the Public Health Code is not being enforced effectively by a local health department or health district, he or she shall forthwith take such measures, including the performance of any act required of the local health department or health district, to ensure enforcement of such statute or regulation and shall inform the local health department or health district of such measures. In September of each year the commissioner shall certify to the Secretary of the Office of Policy and Management the population of each municipality. The commissioner may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of or contract for money, services or property from the federal government, the state, any political subdivision thereof, any other state or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant or contract. The commissioner may enter into any contracts or agreements, in accordance with any established procedures, as may be necessary for the distribution or use of such money, services or property in accordance with any requirements to fulfill any conditions of a gift, grant or contract. The commissioner may establish state-wide and regional advisory councils. For purposes of this section, “employee of such director” means an employee of, a consultant employed or retained by or an independent contractor retained by a local director of health, a district director of health, a local health department or a health district.

(P.A. 93-381, S. 2, 39; P.A. 94-174, S. 10, 12; P.A. 95-257, S. 12, 21, 24, 58; P.A. 03-252, S. 1; P.A. 11-242, S. 20; P.A. 14-231, S. 30; P.A. 16-66, S. 41; P.A. 19-98, S. 19; P.A. 21-196, S. 24; P.A. 25-96, S. 6.)

History: P.A. 93-381 effective July 1, 1993; P.A. 94-174 required commissioner to certify the population of each municipality to the secretary of the office of policy and management in September of each year, effective June 6, 1994; P.A. 95-257 replaced Commissioner of Public Health and Addiction Services with Commissioner and Department of Public Health, deleted responsibilities for coordination of alcohol and drug abuse problems, replaced “complete” with “compel” in Subdiv. (7), deleted duties re alcohol and drug facilities in Subdiv. (10) and added designation authority in Subdiv. (11), effective July 1, 1995; P.A. 03-252 deleted former Subdiv. (11) re requirement that commissioner make annual inspection of hospitals, asylums, prisons, schools and other institutions; P.A. 11-242 amended Subdiv. (9) by requiring commissioner to annually issue a list of emergency illnesses and health conditions and made technical changes; P.A. 14-231 amended Subdiv. (5) by replacing “contract” with “enter into a contract, including, but not limited to, a contract with another state,”, added provision re commissioner's solicitation and acceptance of grant of or contract for money, service or property from any other state and made technical changes; P.A. 16-66 added provisions re commissioner to notify governing authority of municipal health authority or district department of health of suspected impropriety on part of local director of health, district director of health or employee of director, added provision re governing authority to report findings, added references to district directors of health, added provision defining “employee of such director” and made conforming changes; P.A. 19-98 amended Subdiv. (9) by adding “, licensed advanced practice registered nurse”; P.A. 21-196 amended Subdiv. (9) by adding “licensed physician assistant,”; P.A. 25-96 added provision authorizing commissioner to enter into any contracts or agreements necessary for the distribution or use of money, services or properties, effective June 24, 2025.

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Sec. 19a-6t. Connecticut Rare Disease Advisory Council. Duties. Members. Report. (a) On and after July 1, 2023, there is established a Connecticut Rare Disease Advisory Council. The council shall advise and make recommendations to the Department of Public Health and other state agencies, as appropriate, regarding the needs of persons in the state living with a rare disease and such persons' caregivers. The council may perform the following functions:

(1) Hold public hearings and otherwise make inquiries of and solicit comments from the general public to assist with a study or survey of persons living with a rare disease and such persons' caregivers and health care providers;

(2) Consult with experts on rare diseases to develop policy recommendations for improving patient access to quality medical care in the state, affordable and comprehensive insurance coverage, medications, medically necessary diagnostics, timely treatment and other necessary services and therapies;

(3) Research and make recommendations to the department, other state agencies, as necessary, and health carriers that provide services to persons living with a rare disease regarding the adverse impact that changes to health insurance coverage, drug formularies and utilization review, as defined in section 38a-591a, may have on the provision of treatment or care to persons living with a rare disease;

(4) Research and identify priorities related to treatments and services provided to persons living with a rare disease and develop policy recommendations regarding (A) safeguards and legal protections against discrimination and other practices that limit access to appropriate health care, services or therapies, and (B) planning for natural disasters and other public health emergencies;

(5) Research and make recommendations regarding improving the quality and continuity of care for persons living with a rare disease who are transitioning from pediatric to adult health care services;

(6) Research and make recommendations regarding the development of educational materials on rare diseases, including, but not limited to, online educational materials and a list of reliable resources for the department, other state agencies, as necessary, the public, persons living with a rare disease, such persons' families and caregivers, medical school students and health care providers; and

(7) Research and make recommendations for support and training resources for caregivers and health care providers of persons living with a rare disease.

(b) The council shall consist of the following members:

(1) The Commissioner of Public Health, or the commissioner's designee;

(2) The Commissioner of Social Services, or the commissioner's designee;

(3) The Insurance Commissioner, or the commissioner's designee, who may be the representative of a health carrier;

(4) Two appointed by the Governor, one of whom shall be a representative of an association of hospitals in the state or an administrator of a hospital that provides health care to persons living with a rare disease, and one of whom shall be a physician licensed under chapter 370 who has expertise in the field of medical genetics;

(5) Two appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to public health, one of whom shall be a representative of a patient advocacy group in the state representing all rare diseases, and one of whom shall be the family member or caregiver of a pediatric patient living with a rare disease;

(6) Two appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to public health, one of whom shall be a representative of the biopharmaceutical industry who is involved in rare disease research and therapy development, and one of whom shall be an adult living with a rare disease;

(7) Two appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to public health, one of whom shall be a member of the scientific community in the state who is engaged in rare disease research, and one of whom shall be the caregiver of a child or adult living with a rare disease; and

(8) Two appointed by the House ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to public health, one of whom shall be a physician licensed to practice under chapter 370 who treats persons living with a rare disease, and one of whom shall be a representative, family member or caregiver of a person living with a rare disease.

(c) All initial appointments to the council shall be made not later than October 31, 2023. Any vacancy shall be filled by the appointing authority. Except for members of the council who represent state agencies, five of the members first appointed shall serve for a term of two years, five of such members shall serve for a term of three years and, thereafter, members shall serve for a term of two years. The Commissioner of Public Health shall determine which of the members first appointed shall serve for a term of two years and which of such members shall serve for a term of three years. The members of the council shall receive no compensation for their services but may be reimbursed for any necessary expenses incurred in the performance of their duties. The commissioner shall select an acting chairperson of the council from its members for the purpose of organizing the first council meeting. Such chairperson shall schedule and convene the first meeting, which shall be held not later than November 30, 2023. The members of the council shall appoint, by majority vote, a permanent chairperson and vice-chairperson during the first meeting of the council. Nothing in this subsection shall prohibit the reappointment of the chairperson, vice-chairperson or any member of the council to their position on the council.

(d) The council shall meet in person or on a remote platform not less than six times between November 30, 2023, and October 31, 2024, as determined by the chairperson. Thereafter, the council shall meet quarterly in person or on a remote platform, as determined by the chairperson.

(e) The council shall provide opportunities at council meetings for the general public to make comments, hear updates from the council and provide input on council activities. The council shall create an Internet web site where meeting minutes, notices of upcoming meetings and feedback may be posted.

(f) The council shall be within the Department of Public Health for administrative purposes only.

(g) Not later than one year after the date of its first meeting, and annually thereafter, the council shall report to the Governor and, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to public health regarding its findings and recommendations, including, but not limited to, (1) the council's activities, research findings and any recommendations for proposed legislative changes, and (2) any potential sources of funding for the council's activities, including, but not limited to, grants, donations, sponsorships or in-kind donations.

(h) The council may (1) apply for and accept grants, gifts, bequests, sponsorships and in-kind donations of funds from federal and interstate agencies, private firms, individuals and foundations for the purpose of carrying out its responsibilities, and (2) enter into any contracts or agreements, in accordance with any established procedures, as may be necessary for the distribution or use of any received funds, services or property in accordance with any requirements to fulfill any conditions of a grant, gift, bequest, sponsorship or in-kind donation.

(P.A. 22-58, S. 48; P.A. 25-96, S. 1.)

History: P.A. 22-58 effective July 1, 2022; P.A. 25-96 added Subsec. (h) re council authority to apply for and accept grants, gifts, bequests, sponsorships and in-kind donations of funds and enter into contracts or agreements, effective June 24, 2025.

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Sec. 19a-12c. Professional assistance program account. There is established an account to be known as the “professional assistance program account”, which shall be a separate, nonlapsing account. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be paid by the Commissioner of Public Health to the assistance program for health care professionals established pursuant to section 19a-12a for the provision of education, prevention, intervention, referral assistance, rehabilitation or support services to health care professionals who have a chemical dependency, emotional or behavioral disorder or physical or mental illness.

(P.A. 15-244, S. 137; June Sp. Sess. P.A. 15-5, S. 474; P.A. 25-110, S. 69.)

History: P.A. 15-244 effective July 1, 2015; June Sp. Sess. P.A. 15-5 changed effective date of P.A. 15-244, S. 137, from July 1, 2015, to October 1, 2015, and applicable to the renewal of a license or certificate that expires on or after that date, effective June 30, 2015; P.A. 25-110 deleted reference to General Fund and made a technical change, effective July 1, 2025.

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Sec. 19a-14. (Formerly Sec. 19-4o). *(See end of section for amended version of subsection (c) and effective date.) Powers of department concerning regulated professions. (a) The Department of Public Health shall have the following powers and duties with regard to the boards and commissions listed in subsection (b) of this section which are within the Department of Public Health. The department shall:

(1) Control the allocation, disbursement and budgeting of funds appropriated to the department for the operation of the boards and commissions;

(2) Employ and assign such personnel as the commissioner deems necessary for the performance of the functions of the boards and commissions;

(3) Perform all management functions including purchasing, bookkeeping, accounting, payroll, secretarial, clerical and routine housekeeping functions;

(4) Adopt, with the advice and assistance of the appropriate board or commission, and in accordance with chapter 54, any regulations which are consistent with protecting the public health and safety and which are necessary to implement the purposes of this chapter and chapters 368v, 369 to 375, inclusive, 378 to 381, inclusive, 383 to 388, inclusive, 398 and 399;

(5) Develop and perform all administrative functions necessary to process applications for licenses and certificates;

(6) Determine the eligibility of all applicants for permits, licensure, certification or registration, based upon compliance with the general statutes and administrative regulations. The department may deny the eligibility of an applicant for a permit or for licensure by examination, endorsement, reciprocity or for reinstatement of a license voided pursuant to subsection (f) of section 19a-88, voluntarily surrendered or, by agreement, not renewed or reinstated pursuant to subsection (d) of section 19a-17, or may issue a license pursuant to a consent order containing conditions that must be met by the applicant if the department determines that the applicant:

(A) Has failed to comply with the general statutes and administrative regulations governing the applicant's profession;

(B) Has been found guilty or convicted as a result of an act which constitutes a felony under (i) the laws of this state, (ii) federal law, or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, except any applicant for licensure as a barber under chapter 386, a hairdresser and cosmetician under chapter 387 or an embalmer and funeral director under chapter 385;

(C) Is subject to a pending disciplinary action or unresolved complaint before the duly authorized professional disciplinary agency of any state, the District of Columbia, a United States possession or territory, or a foreign jurisdiction;

(D) Has been subject to disciplinary action similar to an action specified in subsection (a) of section 19a-17 by a duly authorized professional disciplinary agency of any state, the District of Columbia, a United States possession or territory, or a foreign jurisdiction;

(E) Has committed an act which, if the applicant were licensed, would not conform to the accepted standards of practice of the profession, including, but not limited to, incompetence, negligence, fraud or deceit; illegal conduct; procuring or attempting to procure a license, certificate or registration by fraud or deceit; or engaging in, aiding or abetting unlicensed practice of a regulated profession, provided the commissioner, or the commissioner's designee, gives notice and holds a hearing, in accordance with the provisions of chapter 54, prior to denying an application for a permit or a license based on this subparagraph; or

(F) Has a condition which would interfere with the practice of the applicant's profession, including, but not limited to, physical illness or loss of skill or deterioration due to the aging process, emotional disorder or mental illness, abuse or excessive use of drugs or alcohol, provided the commissioner, or the commissioner's designee, gives notice and holds a hearing in accordance with the provisions of chapter 54, prior to denying an application for a permit or a license based on this subparagraph;

(7) Administer licensing examinations under the supervision of the appropriate board or commission;

(8) Develop and perform all administrative functions necessary to process complaints against persons licensed by the department;

(9) Consent to the approval or disapproval by the appropriate boards or commissions of schools at which educational requirements shall be met;

(10) Conduct any necessary review, inspection or investigation regarding qualifications of applicants for licenses or certificates, possible violations of statutes or regulations, and disciplinary matters. In connection with any investigation, the Commissioner of Public Health or the commissioner's authorized agent may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, to testify or to produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section;

(11) Conduct any necessary investigation and follow-up in connection with complaints regarding persons subject to regulation or licensing by the department. In connection with any such investigation, the department may restrict, suspend or otherwise limit the license or permit of any person subject to regulation or licensing by the department pursuant to an interim consent order entered during the pendency of such investigation;

(12) With respect to any complaint filed with the department on or after October 1, 2010, alleging incompetence, negligence, fraud or deceit by a person subject to regulation or licensing by any board or commission described in subdivision (1) to (8), inclusive, (12) to (14), inclusive, or subdivision (16) of subsection (b) of this section:

(A) Upon request of the person who filed the complaint, provide such person with information on the status of the complaint;

(B) Upon request of the person who filed the complaint, provide such person with an opportunity to review, at the department, records compiled as of the date of the request pursuant to any investigation of the complaint, including, but not limited to, the respondent's written response to the complaint, except that such person shall not be entitled to copy such records and the department (i) shall not disclose (I) information concerning a health care professional's referral to, participation in or completion of an assistance program in accordance with sections 19a-12a and 19a-12b, that is confidential pursuant to section 19a-12a, (II) information not related to such person's specific complaint, including, but not limited to, information concerning patients other than such person, or (III) personnel or medical records and similar files the disclosure of which would constitute an invasion of personal privacy pursuant to section 1-210, except for such records or similar files solely related to such person; (ii) shall not be required to disclose any other information that is otherwise confidential pursuant to federal law or state statute, except for information solely related to such person; and (iii) may require up to ten business days written notice prior to providing such opportunity for review;

(C) Prior to resolving the complaint with a consent order, provide the person who filed the complaint with not less than ten business days to submit a written statement as to whether such person objects to resolving the complaint with a consent order;

(D) If a hearing is held with respect to such complaint after a finding of probable cause, provide the person who filed the complaint with a copy of the notice of hearing issued pursuant to section 4-177, which shall include information concerning the opportunity to present oral or written statements pursuant to subsection (b) of section 4-177c; and

(E) Notify the person who filed the complaint of the final disposition of such complaint not later than seven business days after such final disposition;

(13) Perform any other function necessary to the effective operation of a board or commission and not specifically vested by statute in the board or commission;

(14) Contract with a third party, if the commissioner deems necessary, to administer licensing examinations and perform all attendant administrative functions in connection with such examination; and

(15) With respect to any investigation of a person subject to regulation, licensing or certification by the department and in any disciplinary proceeding regarding such person, except as required by federal law:

(A) Not be denied access to or use of copies of patient medical records on the grounds that privilege or confidentiality applies to such records; and

(B) Not further disclose patient medical records received pursuant to the provisions of this subdivision or personnel records received during the course of the investigation. Patient records received pursuant to this subdivision or personnel records received during the course of the investigation shall not be subject to disclosure under section 1-210.

(b) The department shall have the powers and duties indicated in subsection (a) of this section with regard to the following professional boards and commissions:

(1) The Connecticut Medical Examining Board, established under section 20-8a;

(2) The Connecticut State Board of Examiners for Optometrists, established under subsections (a) to (c), inclusive, of section 20-128a;

(3) The Connecticut State Board of Examiners for Nursing, established under section 20-88;

(4) The Dental Commission, established under section 20-103a;

(5) The Board of Examiners of Psychologists, established under section 20-186;

(6) The Connecticut Board of Veterinary Medicine, established under section 20-196;

(7) Repealed by P.A. 13-208, S. 79;

(8) The Connecticut State Board of Examiners for Opticians, established under subsections (a) to (c), inclusive, of section 20-139a;

(9) The Connecticut State Board of Examiners for Barbers and Hairdressers and Cosmeticians, established under section 20-235a;

(10) The Connecticut Board of Examiners of Embalmers and Funeral Directors, established under section 20-208;

(11) Repealed by P.A. 99-102, S. 51;

(12) The State Board of Naturopathic Examiners, established under section 20-35;

(13) The State Board of Chiropractic Examiners, established under section 20-25;

(14) The Connecticut Board of Examiners in Podiatry, established under section 20-51;

(15) The Board of Examiners of Electrologists, established under section 20-268; and

(16) The Connecticut State Board of Examiners for Physical Therapists.

*(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:

(1) Speech and language pathologist and audiologist;

(2) Hearing instrument specialist;

(3) Nursing home administrator;

(4) Environmental health specialist;

(5) Subsurface sewage system installer or cleaner;

(6) Marital and family therapist and marriage and family therapist associate;

(7) Nurse-midwife;

(8) Licensed clinical social worker;

(9) Respiratory care practitioner;

(10) Asbestos contractor, asbestos consultant and asbestos training provider;

(11) Massage therapist;

(12) Registered nurse's aide;

(13) Radiographer;

(14) Dental hygienist;

(15) Dietitian-Nutritionist;

(16) Asbestos abatement worker;

(17) Asbestos abatement site supervisor;

(18) Licensed or certified alcohol and drug counselor;

(19) Professional counselor and professional counselor associate;

(20) Acupuncturist;

(21) Occupational therapist and occupational therapist assistant;

(22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, lead training provider, lead inspector, lead inspector risk assessor and lead planner-project designer;

(23) Emergency medical technician, advanced emergency medical technician, emergency medical responder and emergency medical services instructor;

(24) Paramedic;

(25) Athletic trainer;

(26) Perfusionist;

(27) Master social worker subject to the provisions of section 20-195v;

(28) Radiologist assistant, subject to the provisions of section 20-74tt;

(29) Homeopathic physician;

(30) Certified water treatment plant operator, certified distribution system operator, certified small water system operator, certified backflow prevention device tester and certified cross connection survey inspector, including certified limited operators, certified conditional operators and certified operators in training;

(31) Tattoo technician;

(32) Genetic counselor;

(33) Behavior analyst;

(34) Art therapist;

(35) Esthetician;

(36) Eyelash technician; and

(37) Nail technician.

The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.

(d) Except as provided in subdivision (15) of subsection (a) of this section and section 20-13e, all records obtained by the department in connection with any investigation of a person or facility over which the department has jurisdiction under this chapter, other than a physician as defined in subdivision (5) of section 20-13a, shall not be subject to disclosure under section 1-210 for a period of one year from the date of the petition or other event initiating such investigation, or until such time as the investigation is terminated pursuant to a withdrawal or other informal disposition or until a hearing is convened pursuant to chapter 54, whichever is earlier. A complaint, as defined in subdivision (6) of section 19a-13, shall be subject to the provisions of section 1-210 from the time that it is served or mailed to the respondent. Records that are otherwise public records shall not be deemed confidential merely because they have been obtained in connection with an investigation under this chapter. Records disclosed to a person who files a complaint pursuant to subdivision (12) of subsection (a) of this section that are otherwise confidential shall not be deemed public records merely because they have been disclosed pursuant to said subdivision (12).

(e) The department shall not issue a license to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint with the professional licensing authority in another jurisdiction.

(f) (1) Upon the issuance of a complaint under this chapter concerning any board or commission listed in subsection (b) of this section, or upon the filing of a petition for a declaratory ruling with, or the initiation of a proceeding for declaratory ruling by, any such board or commission pursuant to section 4-176, such board or commission shall notify the department of such complaint, petition or initiation of a proceeding.

(2) The Commissioner of Public Health or his or her designee may, not later than fifteen calendar days after receipt of the notice described in subdivision (1) of this subsection, notify such board or commission that the decision rendered by such board or commission in such matter shall be a proposed decision and that the commissioner or his or her designee shall render the final determination of the matter. The board or commission in making any such proposed decision shall comply with the requirements set forth in section 4-179. The commissioner or his or her designee may approve, modify or reject the proposed decision or remand the proposed decision for further review or for the taking of additional evidence. Any party to the matter may file written exceptions to the proposed decision not later than thirty days after the proposed decision is issued by the board or commission. The decision of the commissioner or his or her designee shall be the final decision in accordance with section 4-180 and for purposes of reconsideration in accordance with section 4-181a or appeal to the Superior Court pursuant to section 4-183.

(P.A. 80-484, S. 2, 174, 176; P.A. 81-473, S. 11, 43; P.A. 82-156, S. 1, 2; P.A. 83-352, S. 3, 5; 83-441, S. 6, 10; P.A. 85-531, S. 6; 85-585, S. 1; 85-613, S. 36, 154; P.A. 86-123, S. 8; 86-365, S. 1, 5; 86-376, S. 5; P.A. 87-537, S. 1, 13; P.A. 88-362, S. 9; P.A. 93-121, S. 1, 8; 93-249, S. 5; 93-381, S. 9, 39; P.A. 94-149, S. 15; 94-210, S. 1, 30; P.A. 95-116, S. 8; 95-196, S. 1; 95-257, S. 12, 21, 58; P.A. 96-47, S. 1; P.A. 97-186, S. 11; 97-311, S. 7; P.A. 98-166, S. 3, 9; 98-247, S. 10; P.A. 99-102, S. 51; 99-249, S. 2, 10; June Sp. Sess. P.A. 99-2, S. 60, 72; P.A. 00-226, S. 8, 20; P.A. 01-109, S. 3; June Sp. Sess. P.A. 01-4, S. 2, 3, 58; P.A. 05-66, S. 2, 3; 05-272, S. 14, 15; 05-280, S. 72, 73; P.A. 06-195, S. 2; P.A. 09-232, S. 25, 89; P.A. 10-38, S. 8; 10-117, S. 19, 20; 10-122, S. 3; P.A. 11-242, S. 3; P.A. 12-143, S. 10; P.A. 13-208, S. 17, 79; 13-234, S. 137; P.A. 15-242, S. 17; June Sp. Sess. P.A. 15-5, S. 366, 493; P.A. 17-60, S. 15; 17-66, S. 7; 17-112, S. 3; June Sp. Sess. P.A. 17-2, S. 187; P.A. 18-48, S. 4; 18-168, S. 2; P.A. 19-117, S. 173, 181, 201; P.A. 21-121, S. 20; P.A. 22-88, S. 1; P.A. 24-68, S. 18.)

*Note: On and after July 1, 2026, subsection (c) of this section, as amended by section 196 of public act 25-168, is to read as follows:

“(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:

(1) Speech and language pathologist and audiologist;

(2) Hearing instrument specialist;

(3) Nursing home administrator;

(4) Environmental health specialist;

(5) Subsurface sewage system installer or cleaner;

(6) Marital and family therapist and marriage and family therapist associate;

(7) Nurse-midwife;

(8) Licensed clinical social worker;

(9) Respiratory care practitioner;

(10) Asbestos contractor, asbestos consultant and asbestos training provider;

(11) Massage therapist;

(12) Registered nurse's aide;

(13) Radiographer;

(14) Dental hygienist;

(15) Dietitian-Nutritionist;

(16) Asbestos abatement worker;

(17) Asbestos abatement site supervisor;

(18) Licensed or certified alcohol and drug counselor;

(19) Professional counselor and professional counselor associate;

(20) Acupuncturist;

(21) Occupational therapist and occupational therapist assistant;

(23) Emergency medical technician, advanced emergency medical technician, emergency medical responder and emergency medical services instructor;

(24) Paramedic;

(25) Athletic trainer;

(26) Perfusionist;

(27) Master social worker subject to the provisions of section 20-195v;

(28) Radiologist assistant, subject to the provisions of section 20-74tt;

(29) Homeopathic physician;

(31) Tattoo technician;

(32) Genetic counselor;

(33) Behavior analyst;

(34) Art therapist;

(35) Esthetician;

(36) Eyelash technician;

(37) Nail technician; and

(38) Lactation consultant.

The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 382e to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.”

History: P.A. 81-473 deleted a reference to the now abolished board of registration for sanitarians, added a reference to the board of examiners for physical therapists and provided that the department of health services perform the functions of a board with respect to the professions of sanitarian and subsurface sewage system installer or cleaner; P.A. 82-156 added Subdiv. (13) authorizing department of health services to contract with a third party to administer licensing examinations for the boards and commissions under its jurisdiction; Sec. 19-4o transferred to Sec. 19a-14 in 1983; P.A. 83-352 amended Subsec. (c) to include marital and family therapists; P.A. 83-441 amended Subsec. (c) to include nurse-midwives; P.A. 85-531 amended Subsec. (c) to include reference to certified independent social workers; P.A. 85-585 added Subsec. (d) regarding confidentiality of records obtained by the department in connection with an investigation of a person or facility over which the department has jurisdiction; P.A. 85-613 made technical changes, substituting reference to Sec. 2c-2b(a) for reference to Sec. 2c-2(f); P.A. 86-123 amended Subsec. (b)(6) by changing the name of the board from the state board of veterinary registration and examination to the Connecticut board of veterinary medicine; P.A. 86-365 added Subdivs. (A) to (F), inclusive, in Subsec. (a)(6) detailing grounds for denying applicants' eligibility for permits; P.A. 86-376 added “respiratory care practitioner” in Subsec. (c) as profession which has no board; P.A. 87-537 added asbestos contractor and asbestos consultant in Subsec. (c) as profession which has no board; P.A. 88-362 applied Subsec. (c) to massage therapists; P.A. 93-121 added Subsec. (c)(12) re registered nurse's aides, effective June 14, 1993; P.A. 93-249 amended Subsec. (c) to add new Subdiv. re radiographers; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-149 added Subsec. (c)(14) re dental hygienists; P.A. 94-210 added Subsec. (c)(15) re dietitian-nutritionists, effective July 1, 1994; P.A. 95-116 amended Subsec. (c)(8) to change “certified independent” to “licensed clinical” social worker; P.A. 95-196 added Subsec. (c)(16) and (17) re asbestos abatement workers and supervisors; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-47 amended Subsec. (a)(6) to allow issue of a license pursuant to a consent order; P.A. 97-186 amended Subsec. (c) by adding new Subdiv. re alcohol and drug counselors; P.A. 97-311 amended Subsec. (c) by adding new Subdiv. re professional counselors; P.A. 98-166 amended Subsec. (d) to add reference to the Sec. 20-13e exception and change “the provisions of” to “disclosure under” Sec. 1-19 (now 1-210), effective June 4, 1998; P.A. 98-247 amended Subdiv. (18) to change “associate licensed” to “certified”; P.A. 99-102 repealed Subsec. (b)(11) re Connecticut Osteopathic Examining Board; P.A. 99-249 added Subsec. (c)(20) re acupuncturists, effective June 29, 1999; June Sp. Sess. P.A. 99-2 added Subsec. (c)(20) to (23), inclusive, re acupuncturists, occupational therapists, lead abatement contractors and nail technicians and by making technical changes, effective June 29, 1999; P.A. 00-226 added Subsec. (c)(24) re athletic trainers, effective the later of October 1, 2000, or the date notice is published by the Commissioner of Public Health in the Connecticut Law Journal indicating that the licensing of athletic trainers and physical therapist assistants is being implemented by the commissioner, i.e. April 11, 2006; P.A. 01-109 amended Subsec. (b)(15) by changing “Hypertrichologists” to “Electrologists”; June Sp. Sess. P.A. 01-4 amended Subsec. (c) by changing hearing aid dealer to hearing instrument specialist in Subdiv. (2), adding occupational therapist assistant in Subdiv. (21), adding lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and planner-project designer in Subdiv. (22), deleting nail technician and adding emergency medical technician, emergency medical technician-intermediate, medical response technician and emergency medical services instructor in Subdiv. (23) and adding paramedic as Subdiv. (24), effective July 1, 2001; P.A. 05-66 added Subsec. (c)(25) re dialysis patient care technicians; P.A. 05-272 amended Subsec. (c)(1) by replacing “speech pathologist” with “speech and language pathologist”; P.A. 05-280 added Subsec. (c)(26) re perfusionists; P.A. 06-195 deleted Subsec. (c)(26) re dialysis patient care technician and redesignating existing Subdiv. (27) as Subdiv. (26); P.A. 09-232 amended Subsec. (c)(23) by substituting “advanced emergency medical technician” for “emergency medical technician-intermediate” and substituting “emergency medical responder” for “medical response technician”, effective January 1, 2010, and added Subsec. (c)(27) re radiologist assistants, effective July 1, 2009; P.A. 10-38 amended Subsec. (c) to add new Subdiv. (27) re master social workers and redesignate existing Subdiv. (27) as Subdiv. (28); P.A. 10-117 amended Subsec. (a) by adding provisions, codified by the Revisors as Subdiv. (15), re department's access to and disclosure of patient medical records in connection with an investigation or disciplinary action, amended Subsec. (d) by adding reference to Subsec. (a)(15) and added Subsec. (e) re nonissuance of a license to a person against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in another jurisdiction; P.A. 10-122 amended Subsec. (a) by making technical changes, by adding new Subdiv. (12) re complainant's right to access information and records re complaints filed with department on or after October 1, 2010, and by redesignating existing Subdivs. (12) and (13) as Subdivs. (13) and (14) and amended Subsec. (d) by making a technical change and adding provision specifying that confidential records disclosed to complainant pursuant to Subsec. (a)(12) are not deemed public records; P.A. 11-242 amended Subsec. (a)(11) by allowing department to restrict, suspend or limit a license or permit pursuant to interim consent order entered during pendency of an investigation, effective July 1, 2011; P.A. 12-143 amended Subsec. (a)(4) to replace reference to Sec. 2c-2b(a) with reference to Sec. 2c-2h, effective July 1, 2012; P.A. 13-208 repealed Subsec. (b)(7) and amended Subsec. (c) by adding Subdiv. (29) re homeopathic physician and Subdiv. (30) re water professionals; P.A. 13-234 amended Subsec. (c) by deleting “On and after July 1, 2011, a” in Subdiv. (28) and adding provision, codified by the Revisors as Subdiv. (31), re tattoo technician; P.A. 15-242 amended Subsec. (a)(6) by adding provision re denial of eligibility for voluntary surrender of license or for license that is not renewed or reinstated; June Sp. Sess. P.A. 15-5 added Subsec. (f) re notice to department of a complaint concerning board or commission or a declaratory ruling petition or proceeding, effective June 30, 2015, and amended Subsec. (c) by adding Subdiv. (32) re genetic counselors, effective October 1, 2015; P.A. 17-60 amended Subsec. (a)(4) by deleting reference to Sec. 2c-2h, and making a technical change, effective July 1, 2017; P.A. 17-66 amended Subsec. (c) by adding reference to “asbestos training provider” in Subdiv. (10), adding references to “lead training provider” and “lead inspector risk assessor” in Subdiv. (22), and making technical changes, effective July 1, 2017; P.A. 17-112 amended Subsec. (a)(6)(B) by adding “Except any applicant for licensure as a barber under chapter 386 or a hairdresser and cosmetician under chapter 387”, and making technical changes; June Sp. Sess. P.A. 17-2 amended Subsec. (c) by adding Subdiv. (33) re behavior analyst, effective July 1, 2018; P.A. 18-48 amended Subsec. (b)(10) by making a technical change, effective May 29, 2018; P.A. 18-168 amended Subsec. (a)(15)(B) by adding provisions re personnel records received during course of an investigation; P.A. 19-117 amended Subsec. (c) by adding reference to marriage and family therapist associate in Subdiv. (6), adding reference to professional counselor associate in Subdiv. (19), adding Subdiv. (34) re art therapist, and making technical changes, effective October 1, 2019, and further amended Subsec. (c) by adding Subdiv. (34) re esthetician, adding Subdiv. (35) re eyelash technician and adding Subdiv. (36) re nail technician, codified by the Revisors as Subdivs. (35), (36) and (37), respectively, and making technical changes, effective January 1, 2020; P.A. 21-121 amended Subsec. (a)(12) by replacing “subdivision (1) to (5), inclusive, (7), (8)” with “subdivision (1) to (8), inclusive,” and made a technical change; P.A. 22-88 amended Subsec. (a)(6)(B) by adding provisions re felony conviction and adding “or an embalmer and funeral director under chapter 385”; P.A. 24-68 amended Subsec. (c)(4) by replacing “sanitarian” with “environmental health specialist”, effective July 1, 2024; P.A. 25-168 amended Subsec. (c) by adding Subdiv. (38) re lactation consultants and inserting reference to chapter 382e, effective July 1, 2026.

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Sec. 19a-17. (Formerly Sec. 19-4s). Disciplinary action by department, boards and commissions. (a) Each board or commission established under chapters 369 to 376, inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the Department of Public Health with respect to professions under its jurisdiction that have no board or commission may take any of the following actions, singly or in combination, based on conduct that occurred prior or subsequent to the issuance of a permit or a license upon finding the existence of good cause:

(1) Revoke a practitioner's license or permit;

(2) Suspend a practitioner's license or permit;

(3) Censure a practitioner or permittee;

(4) Issue a letter of reprimand to a practitioner or permittee;

(5) Restrict or otherwise limit practice to those areas prescribed by the board, commission or department;

(6) Place a practitioner or permittee on probationary status and require the practitioner or permittee to:

(A) Report regularly to such board, commission or department upon the matters which are the basis of probation;

(B) Limit practice to those areas prescribed by such board, commission or department; and

(C) Continue or renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis for the probation;

(7) Assess a civil penalty of up to twenty-five thousand dollars;

(8) In those cases involving persons or entities licensed or certified pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 and 20-476, require that restitution be made to an injured property owner; or

(9) Summarily take any action specified in this subsection against a practitioner's license or permit upon receipt of proof that such practitioner has been:

(A) Found guilty or convicted as a result of an act which constitutes a felony under (i) the laws of this state, (ii) federal law, or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, except for a practitioner who is a social worker under chapter 383b, an art therapist under chapter 383g, a dietitian-nutritionist under chapter 384b, an embalmer or funeral director under chapter 385, a barber under chapter 386, a hairdresser, cosmetician, esthetician, eyelash technician or nail technician under chapter 387; or

(B) Subject to disciplinary action similar to that specified in this subsection by a duly authorized professional agency of any state, the federal government, the District of Columbia, a United States possession or territory or a foreign jurisdiction. The applicable board or commission, or the department shall promptly notify the practitioner or permittee that his license or permit has been summarily acted upon pursuant to this subsection and shall institute formal proceedings for revocation within ninety days after such notification.

(b) Such board or commission or the department may withdraw the probation if it finds that the circumstances that required action have been remedied.

(c) Such board or commission or the department where appropriate may summarily suspend a practitioner's license or permit in advance of a final adjudication or during the appeals process if such board or commission or the department finds that a practitioner or permittee represents a clear and immediate danger to the public health and safety if he is allowed to continue to practice.

(d) In addition to the authority provided to the Department of Public Health in subsection (a) of this section, the department may resolve any disciplinary action with respect to a practitioner's license or permit in any profession by voluntary surrender or agreement not to renew or reinstate.

(e) Such board or commission or the department may reinstate a license that has been suspended or revoked if, after a hearing, such board or commission or the department is satisfied that the practitioner or permittee is able to practice with reasonable skill and safety to patients, customers or the public in general. As a condition of reinstatement, the board or commission or the department may impose disciplinary or corrective measures authorized under this section.

(f) Such board or commission or the department may take disciplinary action against a practitioner's license or permit as a result of the practitioner having been subject to disciplinary action similar to an action specified in subsection (a) or (d) of this section by a duly authorized professional disciplinary agency of any state, the federal government, the District of Columbia, a United States possession or territory or a foreign jurisdiction. Such board or commission or the department may rely upon the findings and conclusions made by a duly authorized professional disciplinary agency of any state, the federal government, the District of Columbia, a United States possession or territory or foreign jurisdiction in taking such disciplinary action.

(g) As used in this section, the term “license” shall be deemed to include the following authorizations relative to the practice of any profession listed in subsection (a) of this section: (1) Licensure by the Department of Public Health; (2) certification by the Department of Public Health; (3) certification by a national certification body; and (4) a covered license, as defined in 50 USC 4025a, as amended from time to time, that is considered valid by the Department of Public Health.

(h) As used in this chapter, the term “permit” includes any authorization issued by the department to allow the practice, limited or otherwise, of a profession which would otherwise require a license; and the term “permittee” means any person who practices pursuant to a permit.

(P.A. 80-484, S. 137, 176; P.A. 81-473, S. 12, 43; P.A. 82-179; P.A. 83-261; P.A. 86-365, S. 2, 5; P.A. 93-381, S. 9, 39; P.A. 94-174, S. 1, 12; P.A. 95-257, S. 12, 21, 58; P.A. 07-252, S. 5, 39; P.A. 08-137, S. 3; P.A. 11-242, S. 1; P.A. 15-242, S. 16; P.A. 17-10, S. 1; 17-146, S. 7; P.A. 19-118, S. 7; P.A. 22-88, S. 2; P.A. 24-68, S. 33, 35; P.A. 25-97, S. 18.)

History: P.A. 81-473 added a reference to safety of “customers or the public in general”; P.A. 82-179 allowed boards or commissions under the jurisdiction of the department of health services, and the department of health services with respect to professions under its jurisdiction which have no board or commission, to assess civil penalties of up to $1,000; Sec. 19-4s transferred to Sec. 19a-17 in 1983; P.A. 83-261 amended Subsec. (a) to authorize summary revocation of a practitioner's license for conviction of a felony or of improper professional practice in another state and added Subsec. (e) to include certain certifications in the definition of a license; P.A. 86-365 provided for disciplinary action “based on conduct which occurred prior or subsequent to the issuance of a permit or a license”, added references to “permits” and “permittees”, and changed wording of Subsec. (a)(7) and added Subsec. (f) defining “permit” and “permittee”; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-174 amended Subsec. (a)(6) to increase civil penalty from $1,000 to $10,000, effective June 6, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 07-252 made technical changes in Subsecs. (a) and (b), added new Subsec. (d) authorizing department to resolve any disciplinary action with respect to a practitioner's license or permit by voluntary surrender or agreement not to renew or reinstate, redesignated existing Subsecs. (d), (e) and (f) as Subsecs. (e), (f) and (g), respectively, and made a technical change in redesignated Subsec. (e), effective July 12, 2007, and amended Subsec. (a)(6) to increase maximum civil penalty that boards, commissions and department may assess from $10,000 to $25,000; P.A. 08-137 amended Subsec. (a) by adding new Subdiv. (7) requiring restitution to injured property owners from the specified licensed or certified professionals and by redesignating existing Subdiv. (7) as Subdiv. (8); P.A. 11-242 added new Subsec. (f) re authority to rely upon findings and conclusions of out-of-state disciplinary agencies when taking disciplinary action against practitioner's license or permit and redesignated existing Subsecs. (f) and (g) as Subsecs. (g) and (h), effective July 1, 2011; P.A. 15-242 amended Subsec. (f) by adding “a federal governmental agency”; P.A. 17-10 amended Subsec. (a) by adding new Subdiv. (5) re restricting or otherwise limiting practice to areas prescribed by board, commission or department, and redesignating existing Subdivs. (5) to (8) as Subdivs. (6) to (9); P.A. 17-146 amended Subsec. (a)(8)(B) to add “the federal government,”, and amended Subsec. (f) to replace “a federal governmental agency” with “the federal government”; P.A. 19-118 amended Subsec. (f) by adding reference to Subsec. (d), effective July 1, 2019; P.A. 22-88 amended Subsec. (a)(9)(A) by adding “, except for a practitioner who is a social worker under chapter 383b, an art therapist under chapter 383g, a dietitian-nutritionist under chapter 384b, an embalmer or funeral director under chapter 385, a barber under chapter 386, a hairdresser, cosmetician, esthetician, eyelash technician or nail technician under chapter 387”; P.A. 24-68 amended Subsec. (a)(7) by replacing $25,000 with $10,000, and amended Subsec. (g) by adding Subdiv. (4) re covered licenses and making a conforming change, effective July 1, 2024; P.A. 25-97 amended Subsec. (a)(7) by replacing $10,000 with $25,000, effective July 1, 2025.

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Sec. 19a-17e. Adverse permit or licensure eligibility action based on provision of reproductive health care services or gender-affirming health care services prohibited. (a) As used in this section, “reproductive health care services” and “gender-affirming health care services” have the same meanings as provided in section 52-571m.

(b) Notwithstanding the provisions of subsection (a) of section 19a-14, the Department of Public Health shall not deny the eligibility of an applicant for a (1) permit, (2) license by examination, endorsement or reciprocity, or (3) reinstatement of a license (A) voided pursuant to the provisions of subsection (f) of section 19a-88, (B) voluntarily surrendered, or (C) by agreement, not renewed or reinstated pursuant to the provisions of subsection (d) of section 19a-17 based on pending disciplinary action, an unresolved complaint or the imposition of disciplinary action against the applicant by a duly authorized professional disciplinary agency of another state, the District of Columbia or a commonwealth, territory or possession of the United States that is based solely on the alleged provision of, receipt of, assistance in provision or receipt of, material support for, or any theory of vicarious, joint, several or conspiracy liability derived therefrom, reproductive health care services or gender-affirming health care services that are permitted under the laws of this state and were provided in accordance with the standard of care applicable to such services, regardless of whether the patient receiving such services was a resident of this state. The provisions of this subsection shall not apply where the underlying conduct of the applicant would constitute the basis of disciplinary action against the applicant under the laws of this state if the applicant had been licensed or permitted in this state and the conduct had occurred in this state.

(c) Notwithstanding the provisions of section 19a-17, a board or commission established under title 20 that has jurisdiction over persons licensed, certified or registered under said title who provide reproductive health care services or gender-affirming health care services, and the Department of Public Health, with respect to professions under the department's jurisdiction that are not subject to discipline by such a board or commission, shall not impose disciplinary action against a licensed, certified or registered person based on pending disciplinary action, an unresolved complaint or the imposition of disciplinary action against such persons before or by a duly authorized professional disciplinary agency of another state, the District of Columbia, or a commonwealth, territory or possession of the United States that is based solely on the alleged provision of, receipt of, assistance in provision or receipt of, material support for, or any theory of vicarious, joint, several or conspiracy liability derived therefrom, reproductive health care services or gender-affirming health care services that are permitted under the laws of this state and were provided in accordance with the standard of care applicable to such services, regardless of whether the patient receiving such services was a resident of this state. The provisions of this subsection shall not apply where the underlying conduct of the licensed, certified or registered person would constitute the basis of disciplinary action against such person under the laws of this state if the conduct had occurred in this state.

(P.A. 23-128, S. 1; P.A. 25-168, S. 279.)

History: P.A. 23-128 effective June 27, 2023; P.A. 25-168 added references to “gender-affirming health care services” throughout, effective July 1, 2025.

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Sec. 19a-25. (Formerly Sec. 19-6a). Confidentiality of records procured by the Department of Public Health or directors of health of towns, cities or boroughs. (a) All information, records of interviews, written reports, statements, notes, memoranda or other data, including personal data as defined in subdivision (9) of section 4-190, procured by: (1) The Department of Public Health, by staff committees of facilities accredited by the Department of Public Health, the maternity mortality review committee, established pursuant to section 19a-59i, or the infant mortality review committee, established pursuant to section 19a-59k, in connection with studies of morbidity and mortality conducted by the Department of Public Health, such staff committees, the maternal mortality review committee or the infant mortality review committee, or carried on by said department, such staff committees or the maternal mortality review committee jointly with other persons, agencies or organizations, (2) the directors of health of towns, cities or boroughs or the Department of Public Health pursuant to section 19a-215, or (3) the Department of Public Health or such other persons, agencies or organizations, for the purpose of reducing the morbidity or mortality from any cause or condition, shall be confidential and shall be used solely for the purposes of (A) medical or scientific research, (B) for information obtained pursuant to section 19a-215, disease prevention and control by the local director of health and the Department of Public Health, (C) reducing the morbidity or mortality from any cause or condition, (D) for information obtained by the department for the maternal mortality review program pursuant to section 19a-59h, improving the accuracy of vital statistics data, and (E) for findings of the maternal mortality review committee, established pursuant to section 19a-59i, improving the accuracy of vital statistics data. Such information, records, reports, statements, notes, memoranda or other data shall not be admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency or person, nor shall it be exhibited or its contents disclosed in any way, in whole or in part, by any officer or representative of the Department of Public Health or of any such facility, by any person participating in such a research project or by any other person, except as may be necessary for the purpose of furthering the research project or public health use to which it relates.

(b) Notwithstanding the provisions of chapter 55, the Department of Public Health may exchange personal data for the purpose of medical or scientific research, with any other governmental agency or private research organization; provided such state, governmental agency or private research organization shall not further disclose such personal data. The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, consistent with the purposes of this section to establish the procedures to ensure the confidentiality of such disclosures. The furnishing of such information to the Department of Public Health or its authorized representative, or to any other agency cooperating in such a research project, shall not subject any person, hospital, behavioral health facility, rest home, nursing home or other person or agency furnishing such information to any action for damages or other relief because of such disclosure.

(c) The provisions of this section shall not affect: (1) Disclosure of regular hospital and medical records made in the course of the regular notation of the care and treatment of any patient, but only records or notations by the staff committees described in subsection (a) of this section pursuant to their work, or (2) release by the Department of Public Health of annual immunization rates for each public and nonpublic school in the state pursuant to section 10-204a.

(1961, P.A. 358; 1971, P.A. 811; P.A. 77-346; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 84-380, S. 3; P.A. 93-291, S. 1; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 12, 21, 58; P.A. 18-150, S. 1; P.A. 21-6, S. 2; P.A. 23-147, S. 12; P.A. 25-96, S. 4.)

History: 1971 act made provisions applicable to data procured by staff committees of accredited facilities, excluded studies of “maternal and perinatal” morbidity and rewrote provision re effect of provisions on disclosure of regular hospital and medical records; P.A. 77-346 specifically included as confidential records “personal data as defined in subsection (i) of section 4-190” and added provision re exchange of personal data for research purposes between health department and other agencies and organizations; P.A. 77-614 and P.A. 78-303 replaced commissioner and department of health with commissioner and department of health services, effective January 1, 1979; Sec. 19-6a transferred to Sec. 19a-25 in 1983; P.A. 84-380 made technical change to reflect numbering of Subdivs. in Sec. 4-190; P.A. 93-291 applied provisions to records and information procured by the department or local health directors concerning communicable diseases; P.A. 93-381 and P.A. 93-435 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 18-150 added references to maternal mortality review committee, and made technical changes; P.A. 21-6 designated existing provisions as Subsecs. (a), (b) and (c) and amended same by making technical changes and further amended Subsec. (a) by adding Subdiv. designators (1) to (3), Subsec. (b) by replacing “sanitarium” with “behavioral health facility” and Subsec. (c) by designating existing provision as Subdiv. (1) and adding Subdiv. (2) re release of annual school immunization rates, effective April 28, 2021; P.A. 23-147 amended Subsec. (a) by adding references to infant mortality review committee and making conforming changes in Subdiv. (1), adding “the Department of Public Health or” and “and reducing the morbidity or mortality from any cause or condition” in Subdiv. (3), and adding “or public health use”; P.A. 25-96 amended Subsec. (a) by designating existing provisions Subdiv. (3)(A) to (C), adding Subdiv. (3)(D) re information obtained for maternal mortality review program and Subdiv. (3)(E) re findings of the maternal mortality review committee and making conforming changes, effective July 1, 2025.

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Sec. 19a-32a. AIDS research education account. Regulations. (a) There is established an AIDS research education account, which shall be a separate, nonlapsing account. Any moneys collected under the contribution system established under section 12-743 shall be deposited by the Commissioner of Revenue Services into the account. This account may also receive moneys from public and private sources or from the federal government. All moneys deposited in the account shall be used by the Department of Public Health or persons acting under a contract with the department, (1) to assist AIDS research, education and AIDS-related community service programs, or (2) for the promotion of the income tax contribution system and the AIDS research education account. Expenditures from the account in any fiscal year for the promotion of the contribution system or the account shall not exceed ten per cent of the amount of moneys raised during the previous fiscal year provided such limitation shall not apply to an expenditure of not more than fifteen thousand dollars from the account on or before July 1, 1994, to reimburse expenditures made on or before said date, with prior written authorization of the Commissioner of Public Health, by private organizations to promote the contribution system and the AIDS research education account.

(b) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to provide for the distribution of funds available pursuant to this section and section 12-743.

(P.A. 93-233, S. 6; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 94-175, S. 17, 32; May Sp. Sess. P.A. 94-4, S. 80, 85; P.A. 95-160, S. 64, 69; 95-257, S. 12, 21, 58; P.A. 25-110, S. 70.)

History: P.A. 93-381 and P.A. 93-435 authorized substitution of commissioner and department of public health and addiction services for commissioner and department of health services, effective July 1, 1993; P.A. 94-175 in Subsec. (a) changed account name from “AIDS research education fund account” to “AIDS research education account”, effective June 2, 1994; May Sp. Sess. P.A. 94-4 and P.A. 95-160 revised effective date of P.A. 94-175 but without affecting this section; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995 (Revisor's note: Erroneous reference to “Commission” of Public Health was changed editorially by the Revisors to “Commissioner” of Public Health); P.A. 25-110 amended Subsec. (a) by deleting reference to General Fund and made technical changes, effective July 1, 2025.

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Sec. 19a-32b. Breast cancer research and education account. There is established a breast cancer research and education account, which shall be a separate, nonlapsing account. Any moneys collected under the contribution system established under section 12-743 shall be deposited by the Commissioner of Revenue Services into the account. This account may also receive moneys from public and private sources or from the federal government. All moneys deposited in the account shall be used by the Department of Public Health or persons acting under a contract with the department, (1) to assist breast cancer research, education and breast cancer related community service programs, or (2) for the promotion of the income tax contribution system and the breast cancer research and education account. Expenditures from the account in any fiscal year for the promotion of the contribution system or the account shall not exceed ten per cent of the amount of moneys raised during the previous fiscal year provided such limitation shall not apply to an expenditure of not more than fifteen thousand dollars from the account on or before July 1, 1998, to reimburse expenditures made on or before said date, with prior written authorization of the Commissioner of Public Health, by private organizations to promote the contribution system and the breast cancer research and education account.

(P.A. 97-286, S. 6, 8; P.A. 14-187, S. 26; P.A. 25-110, S. 71.)

History: P.A. 97-286 effective June 26, 1997, and applicable to taxable years commencing on or after January 1, 1997; P.A. 14-187 deleted former Subsec. (b) re regulations to provide for distribution of funds and deleted Subsec. (a) designator, effective June 11, 2014; P.A. 25-110 deleted reference to General Fund and made technical changes, effective July 1, 2025.

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Sec. 19a-32n. Information re umbilical cord blood collection programs. Section 19a-32n is repealed, effective October 1, 2025.

(P.A. 09-232, S. 21; P.A. 11-160, S. 9; P.A. 23-204, S. 238; P.A. 25-111, S. 56.)

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Sec. 19a-35a. Alternative on-site sewage treatment systems with capacities of ten thousand gallons or less per day. Jurisdiction. Establishment and definition of categories. Minimum requirements. Permits and approvals. Appeals. (a) Notwithstanding the provisions of chapter 439 and sections 22a-430 and 22a-430b, the Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, that establish and define categories of discharge that constitute alternative on-site sewage treatment systems with capacities of ten thousand gallons or less per day. After the establishment of such categories, said commissioner shall have jurisdiction, within available appropriations, to issue or deny permits and approvals for such systems and for all discharges of domestic sewage to the groundwaters of the state from such systems. Said commissioner shall adopt regulations, in accordance with the provisions of chapter 54, that establish minimum requirements for alternative on-site sewage treatment systems under said commissioner's jurisdiction, including, but not limited to: (1) Requirements related to activities that may occur on the property; (2) changes that may occur to the property or to buildings on the property that may affect the installation or operation of such systems; and (3) procedures for the issuance of permits or approvals by said commissioner, a local director of health or an environmental health specialist licensed pursuant to chapter 395. The commissioner may issue and update technical standards applicable to the design, installation, engineering and operation of alternative on-site sewage disposal systems. Such technical standards shall not be considered regulations of Connecticut state agencies, as defined in section 4-166. The commissioner may implement policies and procedures necessary to implement the provisions of this subsection while in the process of adopting such policies and procedures as regulations, provided notice of intent to adopt regulations is published on the eRegulations System not later than twenty days after the date of implementation of such policies and procedures. Policies and procedures implemented pursuant to this subsection shall be valid until the time final regulations are adopted in accordance with the provisions of chapter 54. A permit or approval granted by said commissioner, such local director of health or such environmental health specialist for an alternative on-site sewage treatment system pursuant to this section shall: (A) Not be inconsistent with the requirements of the federal Water Pollution Control Act, 33 USC 1251 et seq., the federal Safe Drinking Water Act, 42 USC 300f et seq., and the standards of water quality adopted pursuant to section 22a-426, as such laws and standards may be amended from time to time, (B) not be construed or deemed to be an approval for any other purpose, including, but not limited to, any planning and zoning or municipal inland wetlands and watercourses requirement, and (C) be in lieu of a permit issued under section 22a-430 or 22a-430b. For purposes of this section, “alternative on-site sewage treatment system” means a sewage treatment system serving one or more buildings on a single parcel of property that utilizes a method of treatment other than a subsurface sewage disposal system and that involves a discharge of domestic sewage to the groundwaters of the state.

(b) In establishing and defining categories of discharge that constitute alternative on-site sewage treatment systems pursuant to subsection (a) of this section, and in establishing minimum requirements for such systems pursuant to section 19a-36, said commissioner shall consider all relevant factors, including, but not limited to: (1) The impact that such systems or discharges may have individually or cumulatively on public health and the environment, (2) the impact that such systems and discharges may have individually or cumulatively on land use patterns, and (3) recommendations regarding responsible growth made to said commissioner by the Secretary of the Office of Policy and Management through the Office of Responsible Growth established by Executive Order No. 15 of Governor M. Jodi Rell.

(c) The Commissioner of Energy and Environmental Protection shall retain jurisdiction over any alternative on-site sewage treatment system not under the jurisdiction of the Commissioner of Public Health. The provisions of title 22a shall apply to any such system not under the jurisdiction of the Commissioner of Public Health. The provisions of this section shall not affect any permit issued by the Commissioner of Energy and Environmental Protection prior to July 1, 2007, and the provisions of title 22a shall continue to apply to any such permit until such permit expires.

(d) A permit or approval denied by the Commissioner of Public Health, a local director of health or an environmental health specialist pursuant to subsection (a) of this section shall be subject to an appeal in the manner provided in section 19a-229.

(P.A. 07-231, S. 1; June Sp. Sess. P.A. 07-1, S. 155; P.A. 08-124, S. 7; P.A. 09-220, S. 3; P.A. 11-80, S. 1; P.A. 24-68, S. 19; P.A. 25-96, S. 17.)

History: P.A. 07-231 effective July 1, 2007; June Sp. Sess. P.A. 07-1 amended Subsec. (a) to add “within available appropriations”, effective July 1, 2007; P.A. 08-124 made technical changes in Subsec. (a), effective June 2, 2008; P.A. 09-220 amended Subsec. (a) by removing December 31, 2008, deadline for commissioner to establish and define categories of discharge that constitute alternative on-site sewage treatment systems, effective July 8, 2009; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (c), effective July 1, 2011; P.A. 24-68 replaced references to sanitarian with references to environmental health specialist throughout and made a technical change, effective July 1, 2024; P.A. 25-96 amended Subsec. (a) by replacing references to Sec. 19a-36 with provisions authorizing the adoption of regulations pursuant to Ch. 54, adding provisions authorizing commissioner to issue and update technical standards and adopt policies and procedures to implement provisions and replaced “five thousand gallons or less per day” with “ten thousand gallons or less per day”, effective July 1, 2025.

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Sec. 19a-36h. Adoption by reference of United States Food and Drug Administration's Food Code. Regulations. (a) Not later than January 1, 2023, the commissioner shall adopt and administer by reference the United States Food and Drug Administration's Food Code and any revision thereto issued on or before December 31, 2024. The commissioner may adopt any Food Code Supplement published by said administration as the state's food code for the purpose of regulating food establishments.

(b) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section and sections 19a-36i to 19a-36m, inclusive.

(P.A. 17-93, S. 3; P.A. 18-168, S. 46; P.A. 19-118, S. 23; P.A. 21-121, S. 61; P.A. 25-168, S. 183.)

History: P.A. 18-168 amended Subsec. (a) by replacing “July 1, 2018” with “January 1, 2019”, effective June 13, 2018; P.A. 19-118 amended Subsec. (a) by replacing “January 1, 2019” with “January 1, 2020”, effective July 1, 2019; P.A. 21-121 amended Subsec. (a) by replacing “January 1, 2020” with “January 1, 2023”, effective July 6, 2021; P.A. 25-168 amended Subsec. (a) by requiring adoption of any revision to the code issued on or before December 31, 2024, and permitting adoption of any Food Code Supplement, effective June 30, 2025.

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(1) “Laboratory or firm” means an environmental laboratory registered by the Department of Public Health pursuant to section 19a-29a;

(2) “Domestic purposes” means drinking, bathing, washing of clothes and dishes, cooking and other common household chores;

(3) “First draw sample” means a one-liter sample of tap water that has been standing in plumbing pipes for not less than six hours that is collected without flushing the tap;

(4) “Private well” means a water supply well that meets all of the following criteria: (A) Is not a public well; (B) supplies a residential population of less than twenty-five persons per day; and (C) is owned or controlled through an easement or by the same entity that owns or controls the building or parcel that is served by the water supply well;

(5) “Public well” means a water supply well that supplies a public water system;

(6) “Semipublic well” means a water supply well that (A) does not meet the definition of a private well or public well, and (B) provides water for drinking and other domestic purposes; and

(7) “Water supply well” means an artificial excavation constructed by any method for the purpose of obtaining or providing water for drinking or other domestic, industrial, commercial, agricultural, recreational or irrigation use, or other outdoor water use.

(b) (1) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54, for the preservation of the public health pertaining to (A) protection and location of new water supply wells or springs for residential or nonresidential construction or for public or semipublic use, and (B) inspection for compliance with the provisions of municipal regulations adopted pursuant to section 22a-354p.

(2) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, for the testing of water quality in private wells and semipublic wells.

(3) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to clarify the criteria under which the commissioner may issue a well permit exception and to describe the terms and conditions that shall be imposed when a well is allowed at a premises that is connected to a public water supply system or whose boundary is located within two hundred feet of an approved community water supply system, measured along a street, alley or easement. Such regulations shall (A) provide for notification of the permit to the public water supplier, (B) address the (i) quality of the water supplied from the well, (ii) means and extent to which the well shall not be interconnected with the public water supply, (iii) need for a physical separation and the installation of a reduced pressure device for backflow prevention, and (iv) inspection and testing requirements of any such reduced pressure device, and (C) identify the extent and frequency of water quality testing required for the well supply.

(c) (1) Any laboratory or firm which conducts a water quality test on a private well serving a residential property or semipublic well in the state shall, not later than thirty days after the completion of such test, report the results of such test to the local health authority of the municipality where the property is located and the Department of Public Health in a format specified by the department. Results submitted to the Department of Public Health or the local health authority pursuant to this subsection, information obtained from any Department of Public Health or local health authority investigation regarding those results and any Department of Public Health or local health authority study of morbidity and mortality regarding the results shall be confidential pursuant to section 19a-25, except the local health authority and the department may, if approved by the commissioner, disclose the results or information obtained from an investigation of the results to (A) the owner of the property on which the well is located, (B) a prospective buyer of such property who has signed a contract to purchase such property, (C) other persons or entities, when such disclosure is necessary to carry out a statutory or regulatory responsibility of the local health authority or department, or (D) an agent of a state agency.

(2) On and after October 1, 2022, the owner of each newly constructed private well or semipublic well shall test the water quality of such well. Such test shall be performed by a laboratory and include, but need not be limited to, testing for coliform, nitrate, nitrite, sodium, chloride, iron, manganese, hardness, turbidity, pH, sulfate, apparent color, odor, arsenic and uranium. If such a well is constructed for an existing structure, a first draw sample collected from the existing plumbing system shall also be tested for lead. The owner shall submit test results to the local health authority where the well is located in a form and manner prescribed by the Commissioner of Public Health. Such local health authority shall determine whether the test results comply with the maximum contaminant levels, as prescribed by sections 19-13-B101 and 19-13-B102 of the regulations of Connecticut state agencies. A newly constructed private well or semipublic well shall not be used for domestic purposes until the local health authority determines that the test results comply with such maximum contaminant levels.

(d) Prior to the sale, exchange, purchase, transfer or rental of real property on which a private or semipublic well is located, the owner shall provide the buyer or tenant notice that educational material concerning private well testing is available on the Department of Public Health Internet web site. If the prospective buyer or tenant has hired a real estate licensee to facilitate the property transaction, such real estate licensee, or, if the prospective buyer or tenant has not hired a real estate licensee, the owner, landlord or closing attorney shall provide to the buyer or tenant an electronic or hard copy of educational material prepared by the Department of Public Health that recommends testing for the contaminants listed in subsection (c) of this section and any other recommendation concerning well testing that the Department of Public Health deems necessary. Failure to provide such notice or educational material shall not invalidate any sale, exchange, purchase, transfer or rental of real property. If the seller or landlord provides such notice or educational material in writing, the seller or landlord and any real estate licensee shall be deemed to have fully satisfied any duty to notify the buyer or tenant.

(e) A certificate of occupancy for a dwelling unit on a residential property shall not be withheld or revoked on the basis of a water quality test performed on a private well pursuant to this section, unless such test results indicate that any maximum contaminant level applicable to public water supply systems for any contaminant listed in the regulations of Connecticut state agencies has been exceeded. No municipality, administrative agency or local health authority shall establish regulations or ordinances that withhold, cause to be withheld or revoke such a certificate of occupancy on the basis of a water quality test performed on a well pursuant to this section, except as provided in this section.

(f) (1) The local director of health may require a private well or semipublic well to be tested for arsenic, radium, uranium, radon or gross alpha emitters, when there are reasonable grounds to suspect that such contaminants are present in the groundwater. For purposes of this subsection, “reasonable grounds” means (A) the existence of a geological area known to have naturally occurring arsenic, radium, uranium, radon or gross alpha emitter deposits in the bedrock; or (B) the well is located in an area in which it is known that arsenic, radium, uranium, radon or gross alpha emitters are present in the groundwater.

(2) The local director of health may require a private well or semipublic well to be tested for pesticides, herbicides or organic chemicals when there are reasonable grounds to suspect that any such contaminants might be present in the groundwater. For purposes of this subsection, “reasonable grounds” means (A) the presence of nitrate-nitrogen in the groundwater at a concentration greater than ten milligrams per liter, or (B) that the private well or semipublic well is located on land, or in proximity to land, associated with the past or present production, storage, use or disposal of organic chemicals as identified in any public record.

(g) Except as provided in subsection (h) of this section, the collection of samples for determining the water quality of private wells and semipublic wells may be made only by (1) employees of a laboratory or firm certified or approved by the Department of Public Health to test drinking water, if such employees have been trained in sample collection techniques, (2) certified water operators, (3) local health departments and state employees trained in sample collection techniques, or (4) individuals with training and experience that the Department of Public Health deems sufficient.

(h) Any owner of a residential construction, including, but not limited to, a homeowner, on which a private well is located or any general contractor of a new residential construction on which a private well is located may collect samples of well water for submission to a laboratory or firm for the purposes of testing water quality pursuant to this section, provided (1) such laboratory or firm has provided instructions to said owner or general contractor on how to collect such samples, and (2) such owner or general contractor is identified to the subsequent owner on a form to be prescribed by the Department of Public Health. No regulation may prohibit or impede such collection or analysis.

(i) Any water transported in bulk by any means to a premises currently supplied by a private well or semipublic well where the water is to be used for purposes of drinking or domestic use shall be provided by a bulk water hauler licensed pursuant to section 20-278h. No bulk water hauler shall deliver water without first notifying the owner of the premises of such delivery. Bulk water hauling to a premises currently supplied by a private well or semipublic well shall be permitted only as a temporary measure to alleviate a water supply shortage.

(1959, P.A. 30; P.A. 77-614, S. 475, 610; P.A. 89-305, S. 26, 32; P.A. 92-251; P.A. 93-381, S. 9, 39; P.A. 94-85, S. 3; P.A. 95-257, S. 12, 21, 58; P.A. 97-296, S. 1, 4; P.A. 02-102, S. 4; P.A. 07-244, S. 4; P.A. 08-184, S. 24; P.A. 11-242, S. 72; P.A. 12-197, S. 7; P.A. 16-66, S. 20; P.A. 17-146, S. 15; P.A. 19-118, S. 22; P.A. 21-121, S. 6; P.A. 22-58, S. 60; P.A. 24-68, S. 16; P.A. 25-97, S. 31.)

History: P.A. 77-614 replaced public health council with commissioner of health services, effective January 1, 1979; Sec. 19-13a transferred to Sec. 19a-37 in 1983; P.A. 89-305 added provision concerning inspection for compliance with municipal aquifer protection regulations; P.A. 92-251 added Subsec. (b) re testing of private residential wells; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-85 amended Subsec. (b) to provide that a laboratory or firm which conducts a water quality test of a private well shall report the results of such test to the local health authority if the test was conducted within six months, rather than three months, of a sale of the property served by such well and specified that results be reported within 30 days after test made; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-296 amended Subsec. (b) to prohibit regulations from requiring the testing of well water as a consequence or a condition of the sale, exchange, transfer, purchase or rental of real property, and added new Subsecs. (c) to (g) re regulations, effective July 8, 1997; P.A. 02-102 added new Subsec. (c) requiring the adoption of regulations to clarify the criteria under which a well permit exception may be granted and to describe the terms and conditions to be imposed when a well is allowed at a premises that is connected to a public water supply, and relettered existing Subsecs. (c) to (g) as Subsecs. (d) to (h); P.A. 07-244 amended Subsec. (c) by designating as Subdiv. (1) existing provision re wells at premises connected to a public water supply system, adding Subdiv. (2) re wells located within 200 feet of approved community water supply system and redesignating existing Subdivs. (1), (2) and (3) as Subparas. (A), (B) and (C); P.A. 08-184 made a technical change in Subsec. (c); P.A. 11-242 amended Subsec. (b) by designating existing requirement re water quality test report to public health authority as Subdiv. (1), by adding Subdiv. (2) re water quality test report to Department of Public Health and by defining “laboratory or firm”, added new Subsec. (c) re owner to provide buyer or tenant with notice re availability of educational material concerning private well testing, redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e), deleted former Subsec. (e) re regulations not requiring testing of private residential wells for herbicides or insecticides, added new Subsec. (f) re local director of health's authority to require private residential well to be tested for radionuclides, added new Subsec. (g) re persons authorized to collect water samples from private residential wells, redesignated former Subsec. (f) as Subsec. (h) and amended same to designate existing provision re laboratory or firm to provide instruction on collection of well water samples as Subdiv. (1) and add Subdiv. (2) re notice to subsequent owners that general contractor or former owner was responsible for collecting well water samples, deleted former Subsec. (g) re regulations not requiring testing of private residential wells for organic chemicals, deleted former Subsec. (h) re regulation waiver provision applicable to wells not tested between December 30, 1996, and July 8, 1997, added new Subsec (i) re local director of health's authority to require private residential well to be tested for pesticides, herbicides or organic chemicals, and made technical changes; P.A. 12-197 amended Subsec. (f) by replacing provisions re testing for radionuclides with provisions re testing for arsenic, radium, uranium, radon or gross alpha emitters; P.A. 16-66 amended Subsecs. (b), (f), (g) and (i) by adding references to wells for semipublic use; P.A. 17-146 added new Subsec. (a) re definitions, redesignated existing Subsec. (a) as Subsec. (b), redesignated existing Subsec. (b) as Subsec. (c) and amended same to replace provision re report shall not be required if party for whom laboratory or firm conducted test informs laboratory or firm that test was not conducted within 6 months of sale of property with provision re report shall only be required if party for whom laboratory or firm conducted test informs laboratory or firm identified on chain of custody documentation that test was conducted in connection with sale of property, and to delete provision defining laboratory or firm, redesignated existing Subsecs. (c) to (i) as Subsecs. (d) to (j), added Subsec. (k) re water transported in bulk, and made conforming changes; P.A. 19-118 amended Subsec. (a) by making technical change in Subdiv. (2), replacing “Well for semipublic use” with “Semipublic well” in Subdiv. (4) and redefining “Water supply well” in Subdiv. (5), amended Subsec. (b) by adding reference to nonresidential construction and amended Subsecs. (c), (g), (h), (j) and (k) by replacing references to well for semipublic use with references to semipublic well, effective July 1, 2019; P.A. 21-121 amended Subsec. (a)(2) by redefining “private well”, amended Subsecs. (b) and (f) by replacing “Public Health Code” with “regulations of Connecticut state agencies”, amended Subsecs. (c) and (f) to (j) by deleting “residential” and amended Subsec. (d) by replacing “residential” with “private or semipublic”; P.A. 22-58 substantially revised section including by adding Subsec. (b)(2) re adoption of regulations for the testing of water quality in private wells and semipublic wells, adding Subsec. (b)(3) re adoption of regulations for well permit exceptions, deleting provision re exception to reporting requirement and adding provision re test result confidentiality in Subsec. (c), adding Subsec. (c)(2) re testing of newly constructed private and semipublic wells, adding provisions re provision of educational materials to prospective buyers and tenants in Subsec. (d), deleting former Subsec. (e) re regulations for well-permit exceptions, redesignating existing Subsecs. (f) and (g) as Subsecs. (e) and (f), adding Subsec. (f)(2) re authority of local directors of health to require well testing, redesignated existing Subsecs. (h) and (i) as Subsecs. (g) and (h), deleting former Subsec. (j), redesignating existing Subsec. (k) as Subsec. (i) and making technical and conforming changes; P.A. 24-68 amended Subsec. (a) by adding new Subdivs. (2) and (3) defining “domestic purposes” and “first draw sample” and redesignating existing Subdivs. (2) to (5) as Subdivs. (4) to (7), amended Subsec. (c)(1) by adding “in the state”, replacing “the public health authority of the municipality” with “the local health authority of the municipality”, deleting Subpara. designators (A) and (B) and adding provision re exceptions to confidentiality requirement as specified in new Subparas. (A) and (B) and added (C) and (D), amended Subsec. (c)(2) by deleting requirement all tests include testing for lead, adding provision requiring testing for lead if well is constructed for existing structure, replacing Department of Public Health as recipient of test results with local health authority where well is located and adding provisions requiring local health authority to determine whether test results comply with maximum contaminant levels and prohibiting newly constructed wells from being used for domestic purposes prior to determination by local health authority that test results comply with such levels, amended Subsec. (e) by replacing provision prohibiting administrative agencies, health districts or municipal health officers from withholding certificates of occupancy with provision prohibiting municipalities, administrative agencies or local health authorities from establishing regulations or ordinances to revoke such certificates on basis of water quality tests and made technical and conforming changes, effective May 28, 2024; P.A. 25-97 amended Subsec. (d) by making a technical change.

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Sec. 19a-38. (Formerly Sec. 19-13b). Water company to add fluoride to water supply. A water company, as defined in section 25-32a, shall add a measured amount of fluoride to the water supply of any water system that it owns and operates and that serves twenty thousand or more persons so as to maintain an average monthly fluoride content that is not more or less than 0.7 of a milligram of fluoride per liter of water provided such average monthly fluoride content shall not deviate greater or less than 0.15 of a milligram per liter.

(February, 1965, P.A. 156; P.A. 16-4, S. 1; P.A. 25-168, S. 169.)

History: Sec. 19-13b transferred to Sec. 19a-38 in 1983; P.A. 16-4 substantially amended provisions, including adding provisions requiring water company to add fluoride to water supply to maintain average monthly fluoride content of not more than .15 milligram per liter different than U.S. Department of Health and Human Services' most recent recommended fluoride levels; P.A. 25-168 replaced milligram per liter requirement dependent upon recommendation of U.S. Department of Health and Human Services with a set numerical requirement of 0.7 of a milligram of fluoride per liter, effective June 30, 2025.

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Sec. 19a-59h. Maternal mortality review program. Confidentiality of information. (a) As used in this section and section 19a-59i, “maternal death” means the death of a woman while pregnant or not later than one year after the date on which the woman ceases to be pregnant, regardless of whether the woman's death is related to her pregnancy, and “department” means the Department of Public Health.

(b) There is established, within the department, a maternal mortality review program. The program shall be responsible for identifying maternal death cases in Connecticut and reviewing medical records and other relevant data related to each maternal death case, including, but not limited to, information collected from death and birth records, files from the Office of the Chief Medical Examiner, and physician office and hospital records.

(c) Licensed health care providers, health care facilities and pharmacies shall provide the maternal mortality review program, established under this section with reasonable access to all relevant medical records associated with a maternal death case under review by the program.

(d) A hospital shall provide the department with access, including remote access, to the entirety of a patient's medical record, as the department deems necessary, to review case information related to a maternal death case under review by the program. Such remote access shall be provided on or before October 1, 2022, if technically feasible. All personal information obtained from the medical record shall be held strictly confidential pursuant to section 19a-25 by the department.

(e) All information obtained by the department for the maternal mortality review program shall be confidential pursuant to section 19a-25. The department may use such information to improve the accuracy of vital statistics data.

(f) Notwithstanding subsection (e) of this section, the department may provide the maternal mortality review committee, established pursuant to section 19a-59i, with information as is necessary, in the department's discretion, for the committee to make recommendations regarding the prevention of maternal death.

(P.A. 18-150, S. 2; P.A. 21-121, S. 81; P.A. 25-96, S. 2.)

History: P.A. 21-121 added new Subsec. (d) re remote access to medical records, redesignated existing Subsecs. (d) and (e) as Subsecs. (e) and (f) and made a conforming change in Subsec. (f); P.A. 25-96 amended Subsec. (d) by deleting provision prohibiting personal information from being divulged to anyone and amended Subsec. (e) by adding provision authorizing department to use information to improve accuracy of vital statistics data, effective July 1, 2025.

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Sec. 19a-59i. Maternal mortality review committee. Development of educational materials by the Department of Public Health. (a) There is established a maternal mortality review committee within the department to conduct a comprehensive, multidisciplinary review of maternal deaths for purposes of identifying factors associated with maternal death and making recommendations to reduce maternal deaths.

(b) The cochairpersons of the maternal mortality review committee shall be the Commissioner of Public Health, or the commissioner's designee, and a representative designated by the Connecticut State Medical Society. The cochairpersons shall convene a meeting of the maternal mortality review committee upon the request of the Commissioner of Public Health.

(c) The maternal mortality review committee may include, but need not be limited to, any of the following members, as needed, depending on the maternal death case being reviewed:

(1) A physician licensed pursuant to chapter 370 who specializes in obstetrics and gynecology, appointed by the Connecticut State Medical Society;

(2) A physician licensed pursuant to chapter 370 who is a pediatrician, appointed by the Connecticut State Medical Society;

(3) A community health worker, appointed by the Commission on Women, Children, Seniors, Equity and Opportunity;

(4) A nurse-midwife licensed pursuant to chapter 377, appointed by the Connecticut Nurses Association;

(5) A clinical social worker licensed pursuant to chapter 383b, appointed by the Connecticut Chapter of the National Association of Social Workers;

(6) A psychiatrist licensed pursuant to chapter 370, appointed by the Connecticut Psychiatric Society;

(7) A psychologist licensed pursuant to chapter 20-136, appointed by the Connecticut Psychological Association;

(8) The Chief Medical Examiner, or the Chief Medical Examiner's designee;

(9) A member of the Connecticut Hospital Association;

(10) A representative of a community or regional program or facility providing services for persons with psychiatric disabilities or persons with substance use disorders, appointed by the Commissioner of Public Health;

(11) A representative of The University of Connecticut-sponsored health disparities institute; or

(12) Any additional member the cochairpersons determine would be beneficial to serve as a member of the committee.

(d) Whenever a meeting of the maternal mortality review committee takes place, the committee shall consult with relevant experts to evaluate the information and findings obtained from the department pursuant to section 19a-59h and make recommendations regarding the prevention of maternal deaths. Not later than ninety days after such meeting, the committee shall report, to the Commissioner of Public Health, any recommendations and findings of the committee in a manner that complies with section 19a-25. The department may use any finding of the committee to improve the accuracy of vital statistics data.

(e) Not later than January 1, 2022, and annually thereafter, the maternal mortality review committee shall submit a report of disaggregated data, in accordance with the provisions of section 19a-25, regarding the information and findings obtained through the committee's investigation process to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a. Such report may include recommendations to reduce or eliminate racial inequities and other public health concerns regarding maternal mortality and severe maternal morbidity in the state.

(f) All information provided by the department to the maternal mortality review committee shall be subject to the provisions of section 19a-25.

(g) The Department of Public Health shall develop educational materials regarding:

(1) The health and safety of expectant and postpartum mothers and persons with mental health disorders, including, but not limited to, perinatal mood and anxiety disorders, for distribution by the department to each birthing hospital in the state. As used in this subdivision, “birthing hospital” means a health care facility, as defined in section 19a-630, operated and maintained in whole or in part for the purpose of caring for patients during the delivery of a child and for a postpartum mother or person and such mother's or person's newborn following birth;

(2) Evidence-based screening tools for screening patients for intimate partner violence, peripartum mood disorders and substance use disorder for distribution by the department to obstetricians and other health care providers who practice obstetrics;

(3) Indicators of intimate partner violence for distribution by the department to (A) hospitals for use by health care providers in the emergency department and hospital social workers, and (B) obstetricians and other health care providers who practice obstetrics; and

(4) Not later than January 1, 2025, intimate partner violence toward expectant and postpartum mothers and persons for distribution by the department (A) in print to each birthing hospital and birth center in the state, and (B) electronically to obstetricians and other health care providers who practice obstetrics for provision to expectant and postpartum patients. The department shall consult with organizations that advocate on behalf of victims of domestic violence in the development of educational materials pursuant to this subdivision.

(P.A. 18-150, S. 3; P.A. 19-56, S. 5; 19-117, S. 140; P.A. 21-35, S. 12; P.A. 22-58, S. 75; P.A. 24-81, S. 45; 24-151, S. 141; P.A. 25-96, S. 3.)

History: P.A. 19-56 made a technical change in Subsec. (c), effective June 28, 2019; P.A. 19-117 amended Subsec. (c)(3) to replace “Commission on Equity and Opportunity” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019; P.A. 21-35 added new Subsec. (e) re report of disaggregated data and redesignated existing Subsec. (e) as Subsec. (f), effective June 14, 2021; P.A. 22-58 added Subsec. (g) re development of educational materials, effective May 23, 2022; P.A. 24-81 amended Subsec. (g) to replace “Not later than January 1, 2023, the maternal mortality review committee” with “The Department of Public Health”, add Subdiv. (4) re educational materials re intimate partner violence toward pregnant and postpartum persons, and make technical and conforming changes throughout, effective May 30, 2024; P.A. 24-151 amended Subsec. (g) to replace “pregnant” with “expectant” and add references to mothers, effective July 1, 2024; P.A. 25-96 amended Subsec. (d) by adding provision authorizing department to use information to improve accuracy of vital statistics data, effective July 1, 2025.

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Sec. 19a-59j. Infant mortality review program. Confidentiality of information. (a) As used in this section and section 19a-59k, “infant death” means the death of a child that occurs between birth and one year of age.

(b) There is established, within the Department of Public Health, an infant mortality review program. The purpose of the program shall be to review medical records and other relevant data related to infant deaths, including, but not limited to, information collected from death and birth records, and medical records from health care providers and health care facilities for the purposes of making recommendations to reduce health care disparities and identify gaps in or problems with the delivery of care or services to reduce infant deaths.

(c) All health care providers, health care facilities and pharmacies shall provide the Commissioner of Public Health, or the commissioner's designee, with access to all medical and other records associated with an infant death case under review by the program, including, but not limited to, prenatal care records, upon the request of the commissioner.

(d) A person who completes a death certificate pursuant to section 7-62b or 19a-409 for an infant death shall report such death to the department in a form and manner prescribed by the commissioner.

(e) Notwithstanding any provision of the general statutes, the commissioner shall notify the child fatality review panel, established pursuant to section 46a-13l, of an infant death if, pursuant to a review performed by the infant mortality review program, the commissioner determines that such infant death occurred in out-of-home care or was due to unexpected or unexplained causes.

(f) All information obtained by the commissioner, or the commissioner's designee, for the infant mortality review program shall be confidential pursuant to section 19a-25, except the commissioner may disclose any information or data obtained for the infant mortality review program to the Child Advocate, if the commissioner deems such disclosure necessary for the Child Advocate to perform the duties set forth in section 46a-13l. Any information or data disclosed to the Child Advocate shall be confidential in accordance with section 46a-13n.

(g) Notwithstanding any provision of the general statutes, the commissioner, or the commissioner's designee, may provide the infant mortality review committee, established pursuant to section 19a-59k, with information as is necessary, in the commissioner's discretion, for the committee to make recommendations regarding the prevention of infant deaths.

(h) The provisions of this section and section 19a-59k shall not be construed to limit or alter the authority of the Office of the Child Advocate or the child fatality review panel, established pursuant to section 46a-13l, to investigate or make recommendations regarding a child's death pursuant to the provisions of said section.

(P.A. 23-147, S. 10; P.A. 24-68, S. 55; P.A. 25-97, S. 43.)

History: P.A. 24-68 amended Subsec. (g) by making a technical change; P.A. 25-97 amended Subsec. (f) by adding exception for disclosure to Child Advocate and provision requiring confidentiality.

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Sec. 19a-59o. Annual Maternity Care Report Card. Advisory Committee re quantitative metrics, qualitative metrics and assessment methodology. (a) The Commissioner of Public Health shall convene an advisory committee to establish quantitative metrics, qualitative measures and an assessment methodology for an annual maternity care report card for birth centers, licensed pursuant to section 19a-566, and hospitals, licensed pursuant to chapter 368v, that provide obstetric care that will evaluate maternity care provided at such birth centers and hospitals. Such assessment methodology shall reflect disparities in obstetric care and outcomes across patient demographics using valid statistical principles and other widely accepted data science methodologies to ensure data sufficiency. The advisory committee shall include (1) at least one representative of (A) an association of hospitals in the state, (B) a medical society of physicians in the state, (C) a professional membership organization for obstetrician-gynecologists, (D) a hospital in the state that has a significant percentage of high-risk births, (E) an independent hospital in the state that is not part of a multihospital health care system, (F) birth centers, and (G) an organization in the state established to promote equity and address health disparities for vulnerable communities through research, advocacy and culturally resonant services, and (2) a person with expertise in the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. Not later than February 1, 2026, the commissioner shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to public health regarding the quantitative metrics, qualitative measures and an assessment methodology established by the advisory committee.

(b) On or after July 1, 2026, the commissioner shall establish an annual maternity care report card based on the quantitative metrics, qualitative measures and an assessment methodology established by the advisory committee. The commissioner shall identify and collect any available data necessary to complete such report card. Such report card shall include, but need not be limited to, quantitative metrics, qualitative measures based on patient-reported experiences and, to the extent recommended by the advisory committee, an equity assessment of care received by patients at each birth center and hospital disaggregated by race, ethnicity and income level. The commissioner shall adjust the report card based on factors identified by the advisory committee and the acuity level of obstetric patients served by each birth center and hospital to ensure fair comparisons between facilities. The commissioner shall post the report card not later than January 1, 2027, and annually thereafter, on the Department of Public Health's Internet web site. The commissioner shall, in consultation with the advisory committee, revise the report card criteria at least once every three years and may consult experts regarding the revision of any such criteria. The report card shall comply with the Health Insurance and Portability Act of 1996, P.L. 104-191, as amended from time to time, and the Centers for Medicare and Medicaid Services' cell suppression policy, or a stricter policy, with respect to any data made available to the public.

(P.A. 25-168, S. 124.)

History: P.A. 25-168 effective June 30, 2025.

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Sec. 19a-73c. Pancreatic screening and treatment referral program. (a) As used in this section:

(1) “Pancreatic cancer screening and referral services” means necessary pancreatic cancer screening services and referral services for a procedure intended to treat cancer of the human pancreas.

(2) “Unserved or underserved populations” means patients who are: (A) At or below two hundred fifty per cent of the federal poverty level for individuals; (B) without health coverage for pancreatic cancer screening services; and (C) of an age at which pancreatic cancer screening services are deemed appropriate by medical professionals.

(b) Not later than January 1, 2026, the Commissioner of Public Health shall establish, within available appropriations, a pancreatic cancer screening and treatment referral program within the Department of Public Health to (1) promote screening and detection of pancreatic cancer among persons who may be susceptible to the disease due to higher risk factors, (2) educate the public, including unserved and underserved populations, regarding pancreatic cancer and the benefits of early detection, and (3) provide referrals to appropriate pancreatic screening and counseling services and treatment referral services.

(1) The establishment of a public education and outreach initiative to publicize (A) pancreatic cancer screening services and the extent of health coverage that may be available for such services; (B) the benefits of early detection of pancreatic cancer and the recommended frequency of screening services, including clinical examinations; and (C) the medical assistance program and any other public or private program that patients may use to access such services;

(2) Linkage to and coordination with pancreatic screening and counseling services and treatment referral services offered by health systems, health care entities and providers of such services that are recognized by the Department of Public Health; and

(3) The use and dissemination of professional education programs concerning the benefits of early detection of pancreatic cancer and the recommended frequency of pancreatic cancer screenings.

(P.A. 25-168, S. 180.)

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Sec. 19a-75c. Health care provider loan reimbursement program. Regulations. (a) As used in this section:

(1) “Federally qualified health center” has the same meaning as provided in Section 1905(l)(2)(B) of the Social Security Act, 42 USC 1396d(l)(2)(B), as amended from time to time;

(2) “Health care provider” means a health care provider licensed by the Department of Public Health; and

(3) “Primary care” means the medical fields of family medicine, general pediatrics, primary care, internal medicine, primary care obstetrics or primary care gynecology, without regard to board certification.

(b) The Department of Public Health shall establish, within available appropriations, a health care provider loan reimbursement program. The health care provider loan reimbursement program shall provide loan reimbursement grants to health care providers who are employed on a full-time basis as health care providers in the state. As used in this subsection, “employed” does not include an individual who is self-employed as a health care provider or a sole proprietor of a professional health care practice.

(c) The Commissioner of Public Health shall (1) develop eligibility requirements for recipients of such loan reimbursement grants, which requirements may include, but need not be limited to, income guidelines, (2) award not less than twenty per cent of such loan reimbursement grants to persons employed full-time as primary care providers, and (3) award not less than twenty per cent of such loan reimbursement grants to persons employed full-time as health care providers (A) in a rural community in the state, or (B) by a federally qualified health center in the state. The commissioner shall consider health care workforce shortage areas when developing such eligibility requirements. A person who qualifies for a loan reimbursement grant shall be reimbursed on an annual basis for qualifying student loan payments in amounts determined by the commissioner. A health care provider shall only be reimbursed for loan payments made while such person is employed full-time in the state as a health care provider. Any person may apply for a loan reimbursement grant to the Department of Public Health at such time and in such manner as the commissioner prescribes.

(d) The Department of Public Health may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

(P.A. 25-162, S. 1.)

History: P.A. 25-162 effective July 1, 2025.

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Sec. 19a-75d. Virtual education pilot program for persons seeking certification as a nurse's aide or an emergency medical technician. (a) As used in this section:

(1) “Nurse's aide” means a nurse's aide registered pursuant to chapter 378a; and

(2) “Emergency medical technician” means a person who is certified to practice as an emergency medical technician under the provisions of section 20-206ll or 20-206mm.

(b) Not later than January 1, 2026, the Department of Public Health, in collaboration with a Connecticut-based educational provider or educational technology provider, shall establish, within available appropriations, a virtual education pilot program to provide home-based virtual education to persons seeking certification as a nurse's aide or emergency medical technician in the state. Such virtual education program shall offer courses that satisfy the training and competency evaluation requirements prescribed by the commissioner for (1) registration as a nurse's aide, and (2) certification as an emergency medical technician. The Commissioner of Public Health shall establish eligibility criteria for such program and may solicit and accept private funds to implement such pilot program.

(c) Not later than January 1, 2027, the Commissioner of Public Health shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to public health, regarding the outcome of such program.

(d) Nothing in this section shall be construed to eliminate the requirements for nurse's aides and emergency medical technicians to receive in-person, supervised practical training pursuant to 42 CFR 483.152, section 19-13-D8t(l)(1)(A) of the regulations of Connecticut state agencies and subsection (d) of section 20-206mm, respectively.

(P.A. 25-162, S. 2.)

History: P.A. 25-162 effective July 1, 2025.

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Sec. 19a-75e. Grant program to recruit athletic trainers to work in the state. Report. (a) Not later than January 1, 2026, the Commissioner of Public Health shall establish, within available appropriations, a grant program to recruit athletic trainers to work in the state. The grant program shall provide a grant, in an amount determined by the commissioner, to each athletic trainer who (1) relocates to the state, (2) obtains licensure as an athletic trainer from the Department of Public Health, and (3) practices as an athletic trainer in the state, for the costs associated with relocating to the state.

(b) The commissioner shall (1) prescribe forms and criteria for an athletic trainer to apply and qualify for grant funds under the grant program, and (2) require each athletic trainer who receives a grant to report to the commissioner on the use of the funds for the costs associated with relocating to the state.

(c) Not later than January 1, 2027, and annually thereafter, the commissioner shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to public health regarding the impact of the grant program on recruiting athletic trainers to work in the state.

(P.A. 25-162, S. 4.)

History: P.A. 25-162 effective July 1, 2025.

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Sec. 19a-79. (Formerly Sec. 19-43d). Regulations. Exemptions. Waivers. (a) The Commissioner of Early Childhood shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, and to assure that child care centers and group child care homes meet the health, educational and social needs of children utilizing such child care centers and group child care homes. Such regulations shall (1) specify that before being permitted to attend any child care center or group child care home, each child shall be protected as age-appropriate by adequate immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B and any other vaccine required by the schedule of active immunization adopted pursuant to section 19a-7f, (2) specify conditions under which child care center directors and teachers and group child care home providers may administer tests to monitor glucose levels in a child with diagnosed diabetes mellitus, and administer medicinal preparations, including controlled drugs specified in the regulations by the commissioner, to a child receiving child care services at such child care center or group child care home pursuant to the written order of a physician licensed to practice medicine or a dentist licensed to practice dental medicine in this or another state, or an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or a physician assistant licensed to prescribe in accordance with section 20-12d, and the written authorization of a parent or guardian of such child, (3) specify that an operator of a child care center or group child care home, licensed before January 1, 1986, or an operator who receives a license after January 1, 1986, for a facility licensed prior to January 1, 1986, shall provide a minimum of thirty square feet per child of total indoor usable space, free of furniture except that needed for the children's purposes, exclusive of toilet rooms, bathrooms, coatrooms, kitchens, halls, isolation room or other rooms used for purposes other than the activities of the children, (4) specify that a child care center or group child care home licensed after January 1, 1986, shall provide thirty-five square feet per child of total indoor usable space, (5) establish appropriate child care center staffing requirements for employees certified in cardiopulmonary resuscitation by the American Red Cross, the American Heart Association, the National Safety Council, American Safety and Health Institute, Medic First Aid International, Inc. or an organization using guidelines for cardiopulmonary resuscitation and emergency cardiovascular care published by the American Heart Association and International Liaison Committee on Resuscitation, (6) specify that a child care center or group child care home (A) shall not deny services to a child on the basis of a child's known or suspected allergy or because a child has a prescription for an automatic prefilled cartridge injector or similar automatic injectable equipment, nasal spray or any other medical equipment approved by the United States Food and Drug Administration that is used to treat an allergic reaction, or for injectable equipment, nasal spray or any other medical equipment approved by the United States Food and Drug Administration that is used to administer glucagon, (B) shall, not later than three weeks after such child's enrollment in such a center or home, have staff trained in the use of such equipment on-site during all hours when such a child is on-site, (C) shall require such child's parent or guardian to provide the equipment and a copy of the prescription for such medication upon enrollment of such child, and (D) shall require a parent or guardian enrolling such a child to replace such medication and equipment prior to its expiration date, (7) specify that a child care center or group child care home (A) shall not deny services to a child on the basis of a child's diagnosis of asthma or because a child has a prescription for an inhalant medication to treat asthma, and (B) shall, not later than three weeks after such child's enrollment in such a center or home, have staff trained in the administration of such medication on-site during all hours when such a child is on-site, (8) establish physical plant requirements for licensed child care centers and licensed group child care homes that exclusively serve school-age children, (9) specify that a child care center or group child care home shall immediately notify the parent or guardian of a child enrolled in such center or home if such child exhibits or develops an illness or is injured while in the care of such center or home, (10) specify that a child care center or group child care home shall create a written record of any such illness or injury, which shall, (A) include, but not be limited to, (i) a description of such illness or injury, (ii) the date, time of occurrence and location of such illness or injury, (iii) any responsive action taken by an employee of such center or home, and (iv) whether such child was transported to a hospital emergency room, doctor's office or other medical facility as a result of such illness or injury, (B) be provided to the parent or guardian of such child not later than the next business day, and (C) be maintained by such center or home for a period of not less than two years and be made immediately available upon the request of the Office of Early Childhood, and (11) specify that a child care center or group child care home shall maintain any video recordings created at such center or home for a period of not less than thirty days, and make such recordings immediately available upon the request of the Office of Early Childhood. When establishing such requirements, the Office of Early Childhood shall give consideration to child care centers and group child care homes that are located in private or public school buildings. With respect to subdivision (8) of this subsection, the commissioner shall implement policies and procedures necessary to implement the physical plant requirements established pursuant to this subdivision while in the process of adopting such policies and procedures in regulation form. Until replaced by policies and procedures implemented pursuant to this subdivision, any physical plant requirement specified in the office's regulations that is generally applicable to child care centers and group child care homes shall continue to be applicable to such centers and homes that exclusively serve school-age children. The commissioner shall post notice of the intent to adopt regulations pursuant to this subdivision on the eRegulations System not later than twenty days after the date of implementation of such policies and procedures. Policies and procedures implemented pursuant to this subdivision shall be valid until the time final regulations are adopted. For purposes of this subsection, “illness” means fever, vomiting, diarrhea, rash, headache, persistent coughing, persistent crying or any other condition deemed an illness by the Commissioner of Early Childhood.

(b) Any child who (1) presents a certificate, in a form prescribed by the Commissioner of Public Health pursuant to section 19a-7q, signed by a physician, a physician assistant or an advanced practice registered nurse stating that, in the opinion of such physician, physician assistant or advanced practice registered nurse, the immunizations required pursuant to regulations adopted pursuant to subdivision (1) of subsection (a) of this section are medically contraindicated, (2) in the case of a child who is enrolled in kindergarten through twelfth grade, presented a statement, prior to April 28, 2021, that such immunizations are contrary to the religious beliefs of such child or the parents or guardian of such child, or (3) in the case of a child who is enrolled in a preschool program or other prekindergarten program or below, (A) presented a statement, prior to April 28, 2021, that such immunizations are contrary to the religious beliefs of such child or the parents or guardian of such child, and (B) presents a written declaration, in a form prescribed by the Commissioner of Public Health, from a physician, a physician assistant or an advanced practice registered nurse stating that an immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B and any other vaccine required by the schedule of active immunization adopted pursuant to section 19a-7f has been given to such child and that any additional necessary immunizations of such student against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B and any other vaccine required by such schedule of active immunization are in process under guidelines specified by the Commissioner of Public Health or as recommended for the child by the physician, physician assistant or advanced practice registered nurse, shall be exempt from the immunization requirements set forth in such regulations. The statement described in subparagraph (A) of subdivision (3) of this subsection shall be acknowledged, in accordance with the provisions of sections 1-32, 1-34 and 1-35, by a judge of a court of record or a family support magistrate, a clerk or deputy clerk of a court having a seal, a town clerk, a notary public, a justice of the peace, or an attorney admitted to the bar of this state.

(c) Any child who is enrolled in a preschool program or other prekindergarten program or below on or before April 28, 2021, who presented, prior to April 28, 2021, the statement described in subparagraph (A) of subdivision (3) of subsection (b) of this section, but did not present the written declaration described in subparagraph (B) of subdivision (3) of subsection (b) of this section, shall comply, on or before September 1, 2022, or not later than fourteen days after applying to enroll in the child care center or group child care home, whichever is later, with the immunization requirements set forth in the regulations adopted pursuant to subdivision (1) of subsection (a) of this section.

(d) The commissioner may adopt regulations, pursuant to chapter 54, to establish civil penalties of not more than one hundred dollars per day for each day of violation and other disciplinary remedies that may be imposed, following a contested-case hearing, upon the holder of a license issued under section 19a-80 to operate a child care center or group child care home or upon the holder of a license issued under section 19a-87b to operate a family child care home.

(e) The commissioner shall exempt Montessori schools accredited by the American Montessori Society or the Association Montessori Internationale from any provision in regulations adopted pursuant to subsection (a) of this section which sets requirements on group size or child to staff ratios or the provision of cots.

(f) Upon the declaration by the Governor of a civil preparedness emergency pursuant to section 28-9 or a public health emergency pursuant to section 19a-131a, the commissioner may waive the provisions of any regulation adopted pursuant to this section if the commissioner determines that such waiver would not endanger the life, safety or health of any child. The commissioner shall prescribe the duration of such waiver, provided such waiver shall not extend beyond the duration of the declared emergency. The commissioner shall establish the criteria by which a waiver request shall be made and the conditions for which a waiver will be granted or denied. The provisions of section 19a-84 shall not apply to a denial of a waiver request under this subsection.

(g) Any child care center or group child care home may provide child care services to homeless children and youths, as defined in 42 USC 11434a, as amended from time to time, for a period not to exceed ninety days without complying with any provision in regulations adopted pursuant to this section relating to immunization and physical examination requirements. Any child care center or group child care home that provides child care services to homeless children and youths at such center or home under this subsection shall maintain a record on file of all homeless children and youths who have attended such center or home for a period of two years after such homeless children or youths are no longer receiving child care services at such center or home.

(h) Any child care center or group child care home may provide child care services to a foster child for a period not to exceed forty-five days without complying with any provision in regulations adopted pursuant to this section relating to immunization and physical examination requirements. Any child care center or group child care home that provides child care services to a foster child at such center or home under this subsection shall maintain a record on file of such foster child for a period of two years after such foster child is no longer receiving child care services at such center or home. For purposes of this subsection, “foster child” means a child who is in the care and custody of the Commissioner of Children and Families and placed in a foster home licensed pursuant to section 17a-114, foster home approved by a child-placing agency licensed pursuant to section 17a-149, facility licensed pursuant to section 17a-145 or with a relative or fictive kin caregiver pursuant to section 17a-114.

(1967, P.A. 696, S. 5; P.A. 75-527, S. 4, 5; P.A. 76-38, S. 2, 3; P.A. 77-157, S. 3, 11; P.A. 78-303, S. 60, 136; P.A. 85-59, S. 1, 2; 85-495, S. 2, 7; 85-613, S. 41, 154; P.A. 88-182, S. 2, 3; P.A. 90-97; P.A. 91-327, S. 4, 8; P.A. 93-381, S. 9, 39; P.A. 94-38; 94-213, S. 2; May 25 Sp. Sess. P.A. 94-1, S. 129, 130; P.A. 95-257, S. 12, 21, 58; 95-360, S. 16, 22, 32; P.A. 97-14, S. 1; June Sp. Sess. P.A. 01-4, S. 48, 58; P.A. 02-84, S. 1; P.A. 04-221, S. 24, 32; P.A. 07-252, S. 83; P.A. 10-90, S. 1; P.A. 14-39, S. 49; P.A. 15-174, S. 2; 15-227, S. 7; P.A. 18-172, S. 1; P.A. 19-31, S. 3; 19-105, S. 4; 19-121, S. 2; P.A. 21-6, S. 5; P.A. 22-81, S. 14; P.A. 25-143, S. 20.)

History: P.A. 75-527 required consultation with office of child day care; P.A. 76-38 changed placement of phrase re consultation with office of child day care; P.A. 77-157 included regulations re group day care homes; P.A. 78-303 replaced public health council with commissioner of health services; Sec. 19-43d transferred to Sec. 19a-79 in 1983; P.A. 85-59 made the existing section Subsec. (a) and added Subsec. (b) re exemptions for certain Montessori schools; P.A. 85-495 removed a reference to the office of child day care as consulting authority re regulatory power; P.A. 85-613 made technical changes; P.A. 88-182 amended Subsec. (a) to delete provisions requiring consultation with the child day care council; P.A. 90-97 added language in Subsec. (a) on the administration of medication; P.A. 91-327 directed the department to establish regulations to require immunization according to the schedule established by the department before attending a child day care center or group day care home; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-38 added Subsec. (a)(3) and (4) re minimum square footage requirements; P.A. 94-213 amended Subsec. (a) to add reference to prescriptions by advanced practice registered nurses and physicians assistants; May 25 Sp. Sess. 94-1 amended Subsec. (a) to add the word “total” before indoor usable space; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-360 substituted Sec. 19a-82 for Sec. 19a-81 in Subsec. (a) and inserted new Subsec. (b) re adoption of regulations on civil penalties and disciplinary remedies, relettering the former Subsec., effective July 13, 1995; P.A. 97-14 added provision re diabetes monitoring in Subsec. (a)(2); June Sp. Sess. P.A. 01-4 amended Subsec. (a) by making technical changes and adding Subdiv. (5) re staffing requirements for employees certified in cardiopulmonary resuscitation; P.A. 02-84 added Subsec. (a)(6) providing for regulations prohibiting a child day care center or group day care home from denying services to a child based on the child's known or suspected allergy or because the child has a prescription for certain automatic injectable medication equipment, requiring the training of staff in the use of such equipment, and requiring the child's parent or guardian to provide the equipment and a copy of the prescription and to replace the medication or equipment prior to its expiration date; P.A. 04-221 amended Subsec. (a)(5) by allowing certification by the National Safety Council, American Safety and Health Institute and Medic First Aid International, Inc., effective June 8, 2004, and amended Subsec. (a)(6) by adding provision re use of injectable equipment to administer glucagon in Subpara. (A) and making technical changes in Subpara. (B), and added Subsec. (a)(7) re services for children with asthma; P.A. 07-252 added Subsec. (d) establishing process for certain child day care centers and group day care homes to obtain a variance to physical plant requirements adopted as regulations pursuant to Subsec. (a), effective July 12, 2007; P.A. 10-90 added Subsec. (a)(8) re commissioner's responsibility to adopt regulations that establish physical plant requirements for certain child day care centers and group day care homes and deleted former Subsec. (d) re authorization provided to certain child day care centers and group day care homes to seek a variance from physical plant requirements, effective May 26, 2010; P.A. 14-39 replaced references to Commissioner and Department of Public Health with references to Commissioner and Office of Early Childhood, effective July 1, 2014; P.A. 15-174 amended Subsec. (a)(1) to add provision re objection on religious grounds to be accompanied by acknowledged statement that immunization would be contrary to religious beliefs, effective July 1, 2015; P.A. 15-227 replaced “child day care center” with “child care center”, “group day care home” with “group child care home” and “family day care home” with “family child care home” and added Subsec. (d) re waiver of regulations during civil preparedness or public health emergency, effective July 1, 2015; P.A. 18-172 made a technical change in Subsec. (a) and added Subsec. (e) re provision of child care services to homeless children and youths for period not to exceed 90 days without complying with immunization and physical examination requirements, effective July 1, 2018; P.A. 19-31 replaced reference to Connecticut Law Journal with reference to eRegulations System and made technical changes in Subsec. (a), effective June 26, 2019; P.A. 19-105 amended Subsec. (a)(5) by adding reference to organization using guidelines for cardiopulmonary resuscitation and emergency cardiovascular care published by the American Heart Association and International Liaison Committee on Resuscitation, effective July 1, 2019; P.A. 19-121 added Subsec. (f) re provision of child care services to foster child for period not to exceed 45 days without complying with immunization and physical examination requirements, effective July 1, 2019; P.A. 21-6 amended Subsec. (a) by deleting provisions re adoption of regulations re exemptions to immunization requirements in Subdiv. (1), deleting “on and after January 1, 2003,” in Subdiv. (6), deleting “on and after January 1, 2005,” in Subdiv. (7) and making technical changes, added new Subsec. (b) re exemptions from immunization requirements, added new Subsec. (c) re compliance with immunization requirements for certain children and redesignated existing Subsecs. (b) to (f) as Subsecs. (d) to (h), effective April 28, 2021; P.A. 22-81 amended Subsec. (a) by adding Subdiv. (9) re notification of illness or injury, Subdiv. (10) re written record of illness or injury, Subdiv. (11) re video recordings, making a conforming change, and defining “illness”, effective July 1, 2022; P.A. 25-143 added reference to nasal spray and other medical equipment in Subsec. (a)(6)(A) and deleted references to injectable equipment in Subsec. (a)(6)(C), effective July 1, 2025.

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Sec. 19a-87b. (Formerly Sec. 17-585(b)–(d)). License required for family child care homes. Approval required to act as assistant or substitute staff member; provision of child care services by substitute staff members. Comprehensive background checks. Fees. Regulations; waivers. License to operate family child care home in facility that is not private family home. Large family child care home endorsement. (a) No person, group of persons, association, organization, corporation, institution or agency, public or private, shall maintain a family child care home, as described in section 19a-77, without a license issued by the Commissioner of Early Childhood. Licensure forms shall be obtained from the Office of Early Childhood. Applications for licensure shall be made to the commissioner on forms provided by the office and shall contain the information required by regulations adopted under this section. The licensure and application forms shall contain a notice that false statements made therein are punishable in accordance with section 53a-157b. Applicants shall state, in writing, that they are in compliance with the regulations adopted by the commissioner pursuant to subsection (f) of this section. Before a family child care home license is granted, the office shall make an inquiry and investigation which shall include a visit and inspection of the premises for which the license is requested. Any inspection conducted by the office shall include an inspection for evident sources of lead poisoning. The office shall provide for a chemical analysis of any paint chips found on such premises. Neither the commissioner nor the commissioner's designee shall require an annual inspection for homes seeking license renewal or for licensed homes, except that the commissioner or the commissioner's designee shall make an unannounced visit, inspection or investigation of each licensed family child care home at least once every year. A licensed family child care home shall not be subject to any conditions on the operation of such home by local officials, other than those imposed by the office pursuant to this subsection, if the home complies with all codes and ordinances applicable to single and multifamily dwellings.

(b) (1) No person shall act as an assistant or substitute staff member to a person or entity maintaining a family child care home, as defined in section 19a-77, without an approval issued by the commissioner. Any person seeking to act as an assistant or substitute staff member in a family child care home shall submit an application for such approval to the office. Applications for approval shall: (A) Be made to the commissioner on forms provided by the office, (B) contain the information required by regulations adopted under this section, and (C) be accompanied by a fee of fifteen dollars. The approval application forms shall contain a notice that false statements made in such form are punishable in accordance with section 53a-157b.

(2) A licensee of a family child care home who is attending a medical appointment, receiving medical treatment or completing education or training may use a substitute staff member who has been approved pursuant to this subsection to provide child care services for a duration of time that is greater than one hour while such licensee is absent, provided such licensee provides advance notice to the parents or guardians of children enrolled in the family child care home of the dates and times such substitute staff member will be providing such child care services and such licensee continues to maintain control of the day-to-day operations of the family child care home. No such use of a substitute staff member under this subdivision shall constitute a transfer or franchise of the family child care home.

(c) The commissioner shall require each initial applicant or prospective employee of a family child care home in a position requiring the provision of care to a child, including an assistant or substitute staff member, and each household member who is eighteen years of age or older, to submit to comprehensive background checks, including state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. The commissioner shall notify each licensee of the provisions of this subsection. For purposes of this subsection, “household member” means any person, other than the person who is licensed to conduct, operate or maintain a family child care home, who resides in the family child care home, such as the licensee's spouse or children, tenants and any other occupant.

(d) An application for initial licensure pursuant to this section shall be accompanied by a fee of forty dollars and such license shall be issued for a term of four years. An application for renewal of a license issued pursuant to this section shall be accompanied by a fee of forty dollars and a certification from the licensee that any child enrolled in the family child care home has received age-appropriate immunizations in accordance with regulations adopted pursuant to subsection (f) of this section. A license issued pursuant to this section shall be renewed for a term of four years. In the case of an applicant submitting an application for renewal of a license that has expired, and who has ceased operations of a family child care home due to such expired license, the commissioner may renew such expired license within thirty days of the date of such expiration upon receipt of an application for renewal that is accompanied by such fee and such certification.

(e) An application for initial staff approval or renewal of staff approval shall be accompanied by a fee of fifteen dollars. Such approvals shall be issued or renewed for a term of two years.

(f) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to ensure that family child care homes, as described in section 19a-77, meet the health, educational and social needs of children utilizing such homes. Such regulations shall (1) ensure that the family child care home is treated as a residence, and not an institutional facility, (2) specify that each child be protected as age-appropriate by adequate immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B and any other vaccine required by the schedule of active immunization adopted pursuant to section 19a-7f, (3) specify conditions under which family child care home providers may administer tests to monitor glucose levels in a child with diagnosed diabetes mellitus, and administer medicinal preparations, including controlled drugs specified in the regulations by the commissioner, to a child receiving child care services at a family child care home pursuant to a written order of a physician licensed to practice medicine in this or another state, an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a or a physician assistant licensed to prescribe in accordance with section 20-12d, and the written authorization of a parent or guardian of such child, (4) specify appropriate standards for extended care and intermittent short-term overnight care, (5) specify that a family child care home shall immediately notify the parent or guardian of a child enrolled in such home if such child exhibits or develops an illness or is injured while in the care of such home, (6) specify that a family child care home shall create a written record of any such illness or injury, which shall, (A) include, but not be limited to, (i) a description of such illness or injury, (ii) the date, time of occurrence and location of such illness or injury, (iii) any responsive action taken by an employee of such home, and (iv) whether such child was transported to a hospital emergency room, doctor's office or other medical facility as a result of such illness or injury, (B) be provided to the parent or guardian of such child not later than the next business day, and (C) be maintained by such home for a period of not less than two years and be made immediately available upon the request of the Office of Early Childhood, and (7) specify that a family child care home shall maintain any video recordings created at such home for a period of not less than thirty days, and make such recordings immediately available upon the request of the Office of Early Childhood. The commissioner shall inform each licensee, by way of a plain language summary provided not later than sixty days after the regulation's effective date, of any new or changed regulations adopted under this subsection with which a licensee must comply. For purposes of this subsection, “illness” means fever, vomiting, diarrhea, rash, headache, persistent coughing, persistent crying or any other condition deemed an illness by the Commissioner of Early Childhood.

(g) Any child who (1) presents a certificate, in a form prescribed by the Commissioner of Public Health pursuant to section 19a-7q, signed by a physician, a physician assistant or an advanced practice registered nurse stating that, in the opinion of such physician, physician assistant or advanced practice registered nurse, the immunizations required pursuant to regulations adopted pursuant to subsection (f) of this section are medically contraindicated, (2) in the case of a child who is enrolled in kindergarten through twelfth grade, presented a statement, prior to April 28, 2021, that such immunizations are contrary to the religious beliefs of such child or the parents or guardian of such child, or (3) in the case of a child who is enrolled in a preschool program or other prekindergarten program or below, (A) presented a statement, prior to April 28, 2021, that such immunizations are contrary to the religious beliefs of such child or the parents or guardian of such child, and (B) presents a written declaration, in a form prescribed by the Commissioner of Public Health, from a physician, physician assistant or advanced practice registered nurse stating that an immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B and any other vaccine required by the schedule of active immunization adopted pursuant to section 19a-7f has been given to such child and that any additional necessary immunizations of such student against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B and any other vaccine required by such schedule of active immunization are in process under guidelines specified by the Commissioner of Public Health or as recommended for the child by the physician, physician assistant or advanced practice registered nurse, shall be exempt from the immunization requirements set forth in such regulations. The statement described in subparagraph (A) of subdivision (3) of this subsection shall be acknowledged, in accordance with the provisions of sections 1-32, 1-34 and 1-35, by (i) a judge of a court of record or a family support magistrate, (ii) a clerk or deputy clerk of a court having a seal, (iii) a town clerk, (iv) a notary public, (v) a justice of the peace, or (vi) an attorney admitted to the bar of this state.

(h) Any child who is enrolled in a preschool program or other prekindergarten program or below on or before April 28, 2021, who presented, prior to April 28, 2021, the statement described in subparagraph (A) of subdivision (3) of subsection (g) of this section, but did not present the written declaration described in subparagraph (B) of subdivision (3) of subsection (g) of this section shall comply, on or before September 1, 2022, or not later than fourteen days after applying to enroll in the family child care home, whichever is later, with the immunization requirements set forth in the regulations adopted pursuant to subsection (f) of this section.

(i) Upon the declaration by the Governor of a civil preparedness emergency pursuant to section 28-9 or a public health emergency pursuant to section 19a-131a, the commissioner may waive the provisions of any regulation adopted pursuant to this section if the commissioner determines that such waiver would not endanger the life, safety or health of any child. The commissioner shall prescribe the duration of such waiver, provided such waiver shall not extend beyond the duration of the declared emergency. The commissioner shall establish the criteria by which a waiver request shall be made and the conditions for which a waiver will be granted or denied. The provisions of section 19a-84 shall not apply to a denial of a waiver request under this subsection.

(j) Any family child care home may provide child care services to homeless children and youths, as defined in 42 USC 11434a, as amended from time to time, for a period not to exceed ninety days without complying with any provision in regulations adopted pursuant to this section relating to immunization and physical examination requirements. Any family child care home that provides child care services to homeless children and youths at such home under this subsection shall maintain a record on file of all homeless children and youths who have attended such home for a period of two years after such homeless children or youths are no longer receiving child care services at such home.

(k) Any family child care home may provide child care services to a foster child for a period not to exceed forty-five days without complying with any provision in regulations adopted pursuant to this section relating to immunization and physical examination requirements. Any family child care home that provides child care services to a foster child at such home under this subsection shall maintain a record on file of such foster child for a period of two years after such foster child is no longer receiving child care services at such home. For purposes of this subsection, “foster child” means a child who is in the care and custody of the Commissioner of Children and Families and placed in a foster home licensed pursuant to section 17a-114, foster home approved by a child-placing agency licensed pursuant to section 17a-149, facility licensed pursuant to section 17a-145 or with a relative or fictive kin caregiver pursuant to section 17a-114.

(l) For the fiscal year ending June 30, 2022, and each fiscal year thereafter, the Commissioner of Early Childhood may issue a license to maintain a family child care home anywhere in the state in accordance with the provisions of this chapter to a person or group of persons who have partnered with an association, organization, corporation, institution or agency, public or private, to provide child care services in a space provided by such association, organization, corporation, institution or agency, provided such space has been approved by the commissioner and is not in a private family home. The commissioner shall not approve more than twenty facilities throughout the state to be used for licenses issued under this subsection. The commissioner may approve more than one facility in each city or town to be used for licenses issued under this subsection. An application for a license under this subsection shall include a copy of the current fire marshal certificate of compliance with the Fire Safety Code, and written verification of compliance with the State Building Code, local zoning and building requirements and local health ordinances. The commissioner may require an applicant for a license under this subsection to comply with additional conditions relating to the health and safety of the children who will be served in such facility. The commissioner may waive any requirement that does not apply to such facility. Any license issued under this subsection shall be for a term of four years, except that the commissioner may suspend or revoke any such license at any time in accordance with the provisions of section 19a-87e.

(m) For the fiscal years ending June 30, 2026, to June 30, 2029, inclusive, the Commissioner of Early Childhood may issue, upon receipt of a proper application and following an inspection and approval by the office, a large family child care home endorsement to any family child care home licensee in the state who was issued such license prior to June 30, 2025. Such endorsement shall permit such licensee to maintain a family child care home, in accordance with the provisions of this chapter, that provides care for up to twelve children, including the licensee's own children, provided such family child care home is operated and staffed in accordance with regulations adopted by the office and, in the case when such licensee is providing care for over nine children, with the presence and assistance of an additional assistant or substitute staff member approved by the commissioner. The commissioner shall not issue more than thirty such endorsements in any year under this subsection. The family child care home for which such endorsement has been issued shall have a minimum of thirty-five square feet of useable indoor space and seventy-five square feet per child of outdoor space. An application for an endorsement under this subsection shall include a copy of the current fire marshal certificate of compliance with the Fire Safety Code, and written verification of compliance with local zoning and building requirements and local health ordinances. The commissioner may require an applicant for an endorsement under this subsection to comply with additional conditions relating to the health and safety of the children who will be served in such facility. Any endorsement issued under this subsection shall expire on June 30, 2029, except the commissioner may suspend or revoke any such endorsement at any time in accordance with the provisions of section 19a-87e.

(P.A. 94-181, S. 1, 7; P.A. 95-257, S. 12, 21, 58; 95-360, S. 13, 32; P.A. 96-19, S. 1; 96-180, S. 55, 166; P.A. 97-14, S. 2; 97-259, S. 36, 41; P.A. 98-250, S. 15, 39; June Sp. Sess. P.A. 98-1, S. 79, 121; June Sp. Sess. P.A. 99-2, S. 70; P.A. 00-27, S. 11, 12, 24; P.A. 01-175, S. 16, 32; P.A. 03-243, S. 12; P.A. 05-207, S. 10; P.A. 07-129, S. 4; June Sp. Sess. P.A. 09-3, S. 169; P.A. 11-242, S. 17; P.A. 13-208, S. 6; P.A. 14-39, S. 56; P.A. 15-174, S. 3; 15-227, S. 8, 25; P.A. 16-131, S. 1; June Sp. Sess. P.A. 17-2, S. 175; P.A. 18-172, S. 2; P.A. 19-121, S. 3; P.A. 21-6, S. 6; 21-171, S. 1; 21-172, S. 8; P.A. 22-81, S. 15; P.A. 23-142, S. 3; P.A. 24-78, S. 39; P.A. 25-82, S. 7.)

History: P.A. 94-181 transferred responsibility for licensing family day care homes from social services department to public health and addiction services department, as a result of which Subsecs. (b) to (d), inclusive, were transferred editorially by the Revisors to Sec. 19a-87a in 1995; P.A. 94-181 also added provision in Subsec. (c) requiring regulations to ensure family day care homes are treated as residences rather than as institutional facilities, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-360 deleted department's authority to purchase services in Subsec. (a) and amended Subsec. (c) to establish increase in fees after 1995, effective July 13, 1995; P.A. 96-19 expanded written orders by physicians in Subsec. (b) to include advanced practice registered nurses and physician assistants; P.A. 96-180 made a technical change in Subsec. (a), substituting reference to Sec. 53a-157b for Sec. 53a-157, effective June 3, 1996; P.A. 97-14 added provision re diabetes monitoring in former Subsec. (b); P.A. 97-259 added new Subsec. (b) re criminal records checks and child abuse registry checks and redesignated for Subsecs. (b) and (c) as Subsecs. (c) and (d), effective July 1, 1997; P.A. 98-250 amended Subsec. (c) to require plain language summary of regulations, effective July 1, 1998; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (b), effective June 24, 1998; June Sp. Sess. P.A. 99-2 amended Subsec. (b) by changing “criminal records check” and “criminal history records checks” to “fingerprint criminal records check” and “fingerprint criminal history records checks”; P.A. 00-27 made technical changes in Subsecs. (a) and (d), effective May 1, 2000; P.A. 01-175 amended Subsec. (b) by replacing language re fingerprint criminal records checks as a permissive request with language re mandatory state and national criminal history records checks pursuant to Sec. 29-17a, deleted language re fee and made technical changes, effective July 1, 2001; P.A. 03-243 added “for perpetrator information” in Subsec. (b); P.A. 05-207 amended Subsec. (b) to delete requirement that commissioner request check of state child abuse registry for perpetrator information; P.A. 07-129 amended Subsec. (a) to prohibit commissioner's designee from requiring annual inspection and to allow commissioner's designee to make unannounced visits during customary business hours, amended Subsec. (d) to limit $20 fee for initial licensure and license renewals to applications submitted prior to October 1, 2008, and added Subsec. (e) to extend the license term from 2 to 4 years and increase license fee from $20 to $40 for licenses issued on and after October 1, 2008; June Sp. Sess. P.A. 09-3 amended Subsec. (e) to increase license fee from $40 to $80; P.A. 11-242 added new Subsec. (b) re approval to act as assistant or substitute staff member in a family day care home, redesignated existing Subsec. (b) as Subsec. (c) and amended same to add provision re assistant or substitute staff member, added new Subsec. (d) re $40 license fee, 4-year license term and child immunization requirements, added new Subsec. (e) re initial and renewal applications for staff approval, redesignated existing Subsec. (c) as Subsec. (f) and deleted former Subsecs. (d) and (e) re license applications submitted prior to October 1, 2008, and licenses issued on and after October 1, 2008; P.A. 13-208 amended Subsec. (b)(3) to increase fee from $15 to $20; P.A. 14-39 replaced references to Commissioner and Department of Public Health with references to Commissioner and Office of Early Childhood and amended Subsec. (a) by replacing provision re unannounced visits to at least 33 1/3 per cent of licensed family day care homes each year with provision re unannounced visit, inspection or investigation of each licensed family day care home at least once every year, effective July 1, 2014; P.A. 15-174 amended Subsec. (f) to add provision re objection on religious grounds to be accompanied by acknowledged statement that immunization would be contrary to religious beliefs, effective July 1, 2015; P.A. 15-227 replaced “family day care home” and “family day care homes” with “family child care home” and “family child care homes”, respectively, amended Subsec. (d) by adding provisions re renewal of expired license, amended Subsec. (f) by replacing “day care services” with “child care services”, and added Subsec. (g) re waiver of regulations during civil preparedness or public health emergency, effective July 1, 2015; P.A. 16-131 amended Subsec. (c) by adding provision re household member who is age 16 or older and adding definition of “household member”, effective June 7, 2016; June Sp. Sess. P.A. 17-2 amended Subsec. (c) by adding “comprehensive background checks, including”, effective October 31, 2017; P.A. 18-172 made a technical change in Subsec. (f) and added Subsec. (h) re provision of child care services to homeless children and youths for period not to exceed 90 days without complying with immunization and physical examination requirements, effective July 1, 2018; P.A. 19-121 added Subsec. (i) re provision of child care services to foster child for period not to exceed 45 days without complying with immunization and physical examination requirements, effective July 1, 2019; P.A. 21-6 amended Subsec. (f) by making a technical change and deleting provisions re adoption of regulations re exemptions from immunization requirements, added new Subsec. (g) re exemptions from immunization requirements, add new Subsec. (h) re compliance with Subsec. (g)(3) for certain children and redesignated existing Subsecs. (g) to (i) as Subsecs. (i) to (k), effective April 28, 2021; P.A. 21-171 amended Subsec. (a) by replacing “defined” with “described”, amended Subsec. (b) by designating existing provisions as new Subdiv. (1) and redesignating existing Subdivs. (1) to (3) as Subparas. (A) to (C) and adding new Subdiv. (2) re provision of child care services by substitute staff members while licensee is absent, amended Subsec. (f) to replace “assure” with “ensure” and “defined” with “described”, and added Subsec. (j), codified by the Revisors as Subsec. (l) re license to maintain a family child care home in facility that is not a private family home in New Britain, New Haven, Bridgeport, Stamford, Hartford, Danbury or Waterbury, effective July 1, 2021; P.A. 21-172 amended Subsec. (c) by deleting “, within available appropriations,”, replacing “sixteen” with “eighteen”, and making a technical change; P.A. 22-81 amended Subsec. (f) by designating existing provision re ensuring family child care home is treated as residence as Subdiv. (1), designating existing provision re immunization as Subdiv. (2), designating existing provision re administration of glucose monitoring tests and medicinal preparations as Subdiv. (3), designating existing provision re standards for extended and intermittent short-term overnight care as Subdiv. (4), adding Subdiv. (5) re notification of illness or injury, adding Subdiv. (6) re written record of illness or injury, adding Subdiv. (7) re video recordings, defining “illness”, and making technical changes, effective July 1, 2022; P.A. 23-142 amended Subsec. (a) to specify that any licensed family child care home is subject to all applicable codes or ordinances; P.A. 24-78 amended Subsec. (l) by replacing “fiscal years ending June 30, 2022, to June 30, 2026, inclusive” with “fiscal year ending June 30, 2022, and each fiscal year thereafter”, “in New Britain, New Haven, Bridgeport, Stamford, Hartford, Danbury or Waterbury” with “anywhere in the state”, “The commissioner shall not approve more than one facility in each such city” with “The commissioner shall not approve more than twenty facilities throughout the state to be used for licenses issued under this subsection. The commissioner may approve more than one facility in each city or town” and “expire on June 30, 2026” with “be for a term of four years”, effective July 1, 2024; P.A. 25-82 added Subsec. (m) re large family child care home endorsements, effective July 1, 2025.

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Sec. 19a-88. (Formerly Sec. 19-45). *(See end of section for amended version of subdivision (2) of subsection (e) and effective date.) License renewal by certain health care providers and other licensees of the department. On-line license renewal system. (a) Each person holding a license to practice dentistry, optometry, midwifery or dental hygiene shall, annually, during the month of such person's birth, register with the Department of Public Health, upon payment of: (1) The professional services fee for class I, as defined in section 33-182l, plus ten dollars, in the case of a dentist, except as provided in sections 19a-88b and 20-113b; (2) the professional services fee for class H, as defined in section 33-182l, plus five dollars, in the case of an optometrist; (3) twenty dollars in the case of a midwife; and (4) one hundred five dollars in the case of a dental hygienist. Such registration shall be on blanks to be furnished by the department for such purpose, giving such person's name in full, such person's residence and business address and such other information as the department requests. Each person holding a license to practice dentistry who has retired from the profession may renew such license, but the fee shall be ten per cent of the professional services fee for class I, as defined in section 33-182l, or ninety-five dollars, whichever is greater. Any license provided by the department at a reduced fee pursuant to this subsection shall indicate that the dentist is retired.

(b) Each person holding a license to practice medicine, surgery, podiatry, chiropractic or naturopathy shall, annually, during the month of such person's birth, register with the Department of Public Health, upon payment of the professional services fee for class I, as defined in section 33-182l, plus five dollars. Each person holding a license to practice medicine or surgery shall pay five dollars in addition to such professional services fee. Such registration shall be on blanks to be furnished by the department for such purpose, giving such person's name in full, such person's residence and business address and such other information as the department requests. On and after January 1, 2026, each person holding a license to practice medicine who has retired from the profession may renew such license. The fee for such license renewal shall be ten per cent of the professional services fee for class I, as determined in accordance with section 33-182l, or ninety-five dollars, whichever is greater. Any such license provided by the department at a reduced fee pursuant to this subsection shall indicate that the practitioner is retired.

(c) (1) Each person holding a license to practice as a registered nurse, shall, annually, during the month of such person's birth, register with the Department of Public Health, upon payment of one hundred ten dollars, on blanks to be furnished by the department for such purpose, giving such person's name in full, such person's residence and business address and such other information as the department requests. Each person holding a license to practice as a registered nurse who has retired from the profession may renew such license, but the fee shall be ten per cent of the professional services fee for class B, as defined in section 33-182l, plus five dollars. Any license provided by the department at a reduced fee shall indicate that the registered nurse is retired.

(2) Each person holding a license as an advanced practice registered nurse shall, annually, during the month of such person's birth, register with the Department of Public Health, upon payment of one hundred thirty dollars, on blanks to be furnished by the department for such purpose, giving such person's name in full, such person's residence and business address and such other information as the department requests. No such license shall be renewed unless the department is satisfied that the person maintains current certification as either a nurse practitioner, a clinical nurse specialist or a nurse anesthetist from one of the following national certifying bodies which certify nurses in advanced practice: The American Nurses' Association, the Nurses' Association of the American College of Obstetricians and Gynecologists Certification Corporation, the National Board of Pediatric Nurse Practitioners and Associates or the American Association of Nurse Anesthetists. Each person holding a license to practice as an advanced practice registered nurse who has retired from the profession may renew such license, but the fee shall be ten per cent of the professional services fee for class C, as defined in section 33-182l, plus five dollars. Any license provided by the department at a reduced fee shall indicate that the advanced practice registered nurse is retired.

(3) Each person holding a license as a licensed practical nurse shall, annually, during the month of such person's birth, register with the Department of Public Health, upon payment of seventy dollars, on blanks to be furnished by the department for such purpose, giving such person's name in full, such person's residence and business address and such other information as the department requests. Each person holding a license to practice as a licensed practical nurse who has retired from the profession may renew such license, but the fee shall be ten per cent of the professional services fee for class A, as defined in section 33-182l, plus five dollars. Any license provided by the department at a reduced fee shall indicate that the licensed practical nurse is retired.

(4) Each person holding a license as a nurse-midwife shall, annually, during the month of such person's birth, register with the Department of Public Health, upon payment of one hundred thirty dollars, on blanks to be furnished by the department for such purpose, giving such person's name in full, such person's residence and business address and such other information as the department requests. No such license shall be renewed unless the department is satisfied that the person maintains current certification from the Accreditation Midwifery Certification Board.

(5) (A) Each person holding a license to practice physical therapy shall, annually, during the month of such person's birth, register with the Department of Public Health, upon payment of the professional services fee for class B, as defined in section 33-182l, plus five dollars, on blanks to be furnished by the department for such purpose, giving such person's name in full, such person's residence and business address and such other information as the department requests.

(B) Each person holding a physical therapist assistant license shall, annually, during the month of such person's birth, register with the Department of Public Health, upon payment of the professional services fee for class A, as defined in section 33-182l, plus five dollars, on blanks to be furnished by the department for such purpose, giving such person's name in full, such person's residence and business address and such other information as the department requests.

(d) No provision of this section shall be construed to apply to any person practicing Christian Science.

(e) (1) Each person holding a license or certificate issued under section 19a-514, 20-65k, 20-74s, 20-185k, 20-185l, 20-195cc or 20-206ll and chapters 370 to 373, inclusive, 375, 378 to 381a, inclusive, 383 to 383c, inclusive, 383g, 384, 384a, 384b, 385, 393a, 395, 399 or 400a and section 20-206n or 20-206o shall, annually, or, in the case of a person holding a license as a marital and family therapist associate under section 20-195c on or before twenty-four months after the date of initial licensure, during the month of such person's birth, apply for renewal of such license or certificate to the Department of Public Health, giving such person's name in full, such person's residence and business address and such other information as the department requests.

*(2) Each person holding a license or certificate issued under section 19a-514, and chapters 384a, 384c, 384d, 386, 387, 388 and 398 shall apply for renewal of such license or certificate once every two years, during the month of such person's birth, giving such person's name in full, such person's residence and business address and such other information as the department requests.

(3) Each person holding a certificate issued under section 20-195ttt shall apply for renewal of such certificate once every three years, during the month of such person's birth, giving such person's name in full, such person's residence and business address and such other information as the department requests.

(4) Each person holding a license or certificate issued pursuant to chapter 400c shall, annually, during the month of such person's birth, apply for renewal of such license or certificate to the department. Each lead training provider certified pursuant to chapter 400c and each asbestos training provider certified pursuant to chapter 400a shall, annually, during the anniversary month of such training provider's initial certification, apply for renewal of such certificate to the department.

(5) Each entity holding a license issued pursuant to section 20-475 shall, annually, during the anniversary month of initial licensure, apply for renewal of such license or certificate to the department.

(6) Each person holding a license issued pursuant to section 20-162bb shall, annually, during the month of such person's birth, apply for renewal of such license to the Department of Public Health, upon payment of a fee of three hundred twenty dollars, giving such person's name in full, such person's residence and business address and such other information as the department requests.

(7) Each person holding a license issued pursuant to section 20-278h shall, once every two years, during the anniversary month of initial licensure, apply for renewal of such license to the department.

(f) Any person or entity which fails to comply with the provisions of this section shall be notified by the department that such person's or entity's license or certificate shall become void ninety days after the time for its renewal under this section unless it is so renewed. Any such license shall become void upon the expiration of such ninety-day period.

(g) (1) The Department of Public Health shall administer a secure on-line license renewal system for persons holding a license under chapters 370 to 373, inclusive, 375 to 378, inclusive, 379 to 381b, inclusive, 382a, 383 to 383d, inclusive, 383f to 388, inclusive, 393a, 395, 397a to 399, inclusive, 400a and 400c. The department shall require such persons to renew their licenses using the on-line renewal system and to pay professional services fees on-line by means of a credit card or electronic transfer of funds from a bank or credit union account, except in extenuating circumstances, including, but not limited to, circumstances in which a licensee does not have access to a credit card and submits a notarized affidavit affirming that fact, the department may allow the licensee to renew his or her license using a paper form prescribed by the department and pay professional service fees by check or money order.

(2) The department shall charge a service fee for each payment made by means of a credit card. The Commissioner of Public Health shall determine the rate or amount of the service fee for any such credit card in accordance with subsection (c) of section 1-1j. Such service fee may be waived by the commissioner for a category of fee if such waiver has been approved by the Secretary of the Office of Policy and Management pursuant to subsection (b) of section 1-1j.

(1949 Rev., S. 3821; 1953, S. 2041d; 1959, P.A. 616, S. 1; 1961, P.A. 501; 1963, P.A. 143; 1969, P.A. 410, S. 1; June, 1971, P.A. 8, S. 38, 39; 1972, P.A. 223, S. 1, 2; P.A. 76-276, S. 12, 22; P.A. 77-467; 77-614, S. 323, 610; P.A. 80-484, S. 3, 176; P.A. 81-471, S. 3, 71; 81-472, S. 44, 159; 81-473, S. 13, 43; P.A. 88-357, S. 2; P.A. 89-251, S. 69, 203; 89-389, S. 17, 22; P.A. 90-40, S. 3, 4; 90-211, S. 17, 23; P.A. 92-89, S. 19, 20; May Sp. Sess. P.A. 92-16, S. 46, 89; P.A. 93-381, S. 9, 39; P.A. 94-210, S. 2, 30; 94-220, S. 2, 12; P.A. 95-196, S. 14; 95-257, S. 12, 21, 58; P.A. 97-186, S. 10; 97-311, S. 8, 16; P.A. 98-247, S. 11; June Sp. Sess. P.A. 98-1, S. 17, 121; P.A. 99-102, S. 17; 99-249, S. 4, 10; June Sp. Sess. P.A. 99-2, S. 61; P.A. 00-27, S. 14, 24; 00-226, S. 9, 18, 20; June Sp. Sess. P.A. 01-4, S. 4, 5, 58; P.A. 03-124, S. 2; June 30 Sp. Sess. P.A. 03-3, S. 18, 19; P.A. 05-213, S. 12; 05-280, S. 74, 75; P.A. 07-82, S. 1; 07-185, S. 11; June Sp. Sess. P.A. 07-1, S. 139; P.A. 08-184, S. 50; June Sp. Sess. P.A. 09-3, S. 170; Sept. Sp. Sess. P.A. 09-8, S. 20; P.A. 13-234, S. 139; P.A. 15-198, S. 4; 15-244, S. 112; June Sp. Sess. P.A. 15-5, S. 474, 475; P.A. 16-66, S. 14; P.A. 17-66, S. 8; June Sp. Sess. P.A. 17-2, S. 192; P.A. 18-168, S. 19; P.A. 19-117, S. 161, 171, 182, 202; 19-118, S. 61; P.A. 21-121, S. 94; June Sp. Sess. P.A. 21-2, S. 441; P.A. 24-68, S. 6; P.A. 25-96, S. 11, 16.)

*Note: On and after July 1, 2026, subdivision (2) of subsection (e) of this section, as amended by section 197 of public act 25-168, is to read as follows:

“(2) Each person holding a license or certificate issued under section 19a-514, and chapters 382e, 384a, 384c, 384d, 386, 387, 388 and 398 shall apply for renewal of such license or certificate once every two years, during the month of such person's birth, giving such person's name in full, such person's residence and business address and such other information as the department requests.”

History: 1959 act required that persons holding license to practice dentistry or optometry be registered, raised fee to $5, provided for $4 fee for certain persons and that no fee be charged for initial registration within one year from license date; 1961 act rearranged times for payment and amounts of fees, adding Subsecs. (b) and (c), deleted exception from payment for initial registration and provision for reporting unregistered practitioners to department and raised ceiling on fine from $5 to $100; 1963 act added provision re obtaining copy of list by other interested persons in Subsec. (d); 1969 act established different registration procedures for registered nurses, licensed practical nurses and physical therapists in Subsec. (c), previously procedure was same for all, i.e. biennial registration in January of even-numbered years; 1971 act increased fees: For dentists from $5 to $150, for optometrists from $5 to $100, for dental hygienists from $4 to $25, for practitioners of medicine, surgery, osteopathy, chiropractic or naturopathy from $10 to $150, for podiatrists from $10 to $100 and for licensed practical or registered nurses and physical therapists from $8 to $10 and deleted provisions in Subsec. (c) re transition period for changed registration dates; 1972 act reduced registration fee for dental hygienists to $5, required annual, rather than biennial, registration in Subsec. (b) reducing fees of podiatrists to $50 and of osteopaths, chiropractors and naturopaths to $75, required annual, rather than biennial, registration of nurses and physical therapists and reduced fees from $10 to $5 for licensed practical nurses and physical therapists; P.A. 76-276 established registration fee for physicians licensed under chapter 370, except homeopathic physicians, at $160; P.A. 77-467 changed registration month in Subsec. (a) from January to April and in Subsec. (c) for physical therapists from January to September, deleted reference to licensed person living outside state in Subsec. (c), imposed $20 fee for registration of nonresidents in Subsec. (b) and in (a) with respect to dentists and optometrists only (previously registration of nonresidents in Subsecs. (a) to (c) had been free), removed specific date for mailing list in Subsec. (d), i.e. June first, requiring that list be mailed annually and replaced $100 maximum fine in Subsec. (f) with late registration fee of $50; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 80-484 required registration in month of birth in Subsecs. (a), (b) and (c)(2) as of January 1, 1981, deleted proviso re registration of those retired from active practice in Subsecs. (a), (b) and (c)(1) and (2), deleted provision re fee for nonresidents in Subsecs. (a) and (b), deleted Subsec. (d) re mailing of lists of registered persons in its entirety, relettered Subsec. (e) as Subsec. (d), deleted Subsec. (f) re late registration fee and added new Subsecs. (e) and (f); P.A. 81-471 and 81-473 provided for renewal of licenses and certificates for physical therapists, sanitarians and subsurface sewage system installers and cleaners during the month of the holder's birth; P.A. 81-472 made technical changes; Sec. 19-45 transferred to Sec. 19a-88 in 1983; P.A. 88-357 removed obsolete provisions in Subsec. (c) and (e); P.A. 89-251 increased the fee for dentists from $150 to $450, increased the fee for optometrists from $100 to $300, increased the fee for midwives from $5 to $6, increased the fee for dental hygienists from $5 to $15, increased the fee for surgeons from $150 to $450, increased the fee for podiatrists from $50 to $150, increased the fee for osteopaths, chiropractors and naturopaths from $75 to $225, increased the fee for physicians licensed under chapter 370, except homeopathic physicians from $160 to $450, increased the fee for registered nurses from $10 to $30, increased the fee for licensed practical nurses from $5 to $15, and increased the fee for physical therapists from $5 to $50; P.A. 89-389 inserted language on advanced practice registered nurses and nurse-midwives, deleting prior provision re midwives, and made technical changes, relettering Subsecs as necessary; P.A. 90-40 added midwifery in Subsec. (a) and imposed $5 registration fee; P.A. 90-211 added Subsec. (c)(6) pertaining to physician assistants; P.A. 92-89 amended Subsec. (a) to require an optometrist license fee of $375 for the fiscal year ending June 30, 1993; May Sp. Sess. P.A. 92-16 amended Subsec. (a) to increase the annual license renewal fee for dental hygienists to $50, and amended Subsecs. (a) to (c) to replace specified dollar amounts of license fees with references to professional service fee classes established under Sec. 33-182l; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-210 amended Subsec. (e) to add name, residence and business address and other requested information to renewal application, effective July 1, 1994; P.A. 94-220 amended Subsec. (e) by adding provisions re renewal of licenses and certificates issued under Secs. 20-475 and 20-476 and amended Subsec. (f) to apply to entities, effective July 1, 1994; P.A. 95-196 added reference to licenses or certificates issued under Ch. 400a; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-186 added reference to licensure or certification under Sec. 20-74s in Subsec. (e); P.A. 97-311 added reference to licensure or certification under Secs. 20-195cc and 20-206ll in Subsec. (e); P.A. 98-247 made a technical change re reference to other statutes; June Sp. Sess. P.A. 98-1 amended Subsec. (c)(6) to add department-approved successor certification organizations, effective June 24, 1998; P.A. 99-102 amended Subsec. (b) by deleting obsolete reference to osteopathy and making a technical change; P.A. 99-249 amended Subsec. (c) by adding reduced fee for retired nurses in Subdivs. (1), (2) and (3) and making technical changes, effective January 1, 2000; June Sp. Sess. P.A. 99-2 amended Subsec. (e) by adding reference to Sec. 20-266c and making technical changes; P.A. 00-27 made technical changes, effective May 1, 2000; P.A. 00-226 amended Subsec. (c)(5) by designating existing provisions as Subpara. (A), making a technical change therein, and adding new Subpara. (B) re physical therapist assistant licenses and amended Subsec. (e) by making technical changes and adding reference to Sec. 20-65k, effective the later of October 1, 2000, or the date notice is published by the Commissioner of Public Health in the Connecticut Law Journal indicating that the licensing of athletic trainers and physical therapist assistants is being implemented by the commissioner, i.e. April 11, 2006; June Sp. Sess. P.A. 01-4 amended Subsec. (e) by deleting reference to Sec. 20-266c, effective July 1, 2001; P.A. 03-124 amended Subsec. (a) by adding exception to renewal fee for certain dentists as provided in Sec. 20-113b; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (e) by adding new Subdiv. (2) providing for biennial licensure for certain persons, and dividing existing provisions into Subdivs. (1), (3) and (4), effective January 1, 2004; P.A. 05-213 amended Subsec. (a) by adding reference to Sec. 19a-88b; P.A. 05-280 added Subsec. (e)(5) providing for annual licensure of perfusionists; P.A. 07-82 amended Subsec. (a) to allow retired dentists to renew their licenses at a reduced fee; P.A. 07-185 added Subsec. (g) to require department to establish and implement by July 1, 2008, a secure on-line license renewal system for physicians, surgeons, dentists and nurses, effective July 10, 2007; June Sp. Sess. P.A. 07-1 amended Subsec. (c) to increase annual license renewal fees for registered nurses to $100, for advanced practice registered nurses and nurse-midwives to $120 and for licensed practical nurses to class C professional services fee, effective July 1, 2007; P.A. 08-184 amended Subsec. (g) by providing that on or before January 1, 2009, department shall submit report to public health committee on feasibility and implications of implementation of biennial license renewal system for nursing licenses, effective July 1, 2008; June Sp. Sess. P.A. 09-3 amended Subsecs. (a), (c)(6) and (e)(5) to increase fees; Sept. Sp. Sess. P.A. 09-8 amended Subsec. (c)(3) by changing fee for licensed practical nurse from professional services fee for class C to $60, effective October 5, 2009; P.A. 13-234 amended Subsecs. (a) and (b) by increasing registration fee for class I by $5 and making technical changes, amended Subsec. (c) by increasing registration fees by $5 in Subdivs. (1) to (4), amended Subsec. (e) by adding reference to Ch. 384a in Subdiv. (1) and reference to Sec. 20-266o in Subdiv. (2), and amended Subsec. (g) by deleting obsolete date, substituting “administer” for “establish and implement” re on-line license renewal system, applying on-line license renewal system to nurse-midwifery licensees, replacing provision allowing use of on-line license renewal system for license renewals and payment of professional service fees with provision requiring use of same, deleting provision allowing imposition of service fee for on-line payments made by credit card or electronic funds transfer, deleting provision re report, and adding exception to using on-line renewal system, effective June 19, 2013, and applicable to registration periods beginning on and after October 1, 2013; P.A. 15-198 amended Subsec. (c)(6) to designate existing provisions re renewal criteria as Subparas. (A) and (B) and add Subpara. (C) re training or education in prescribing controlled substances and pain management; P.A. 15-244 amended Subsecs. (a), (b), (c) and (e) to increase renewal fees by $5, amended Subsec. (a) to designate existing provisions as Subdivs. (1) to (4), and made technical changes, effective July 1, 2015; June Sp. Sess. P.A. 15-5 changed effective date of P.A. 15-244, S. 112, from July 1, 2015, to October 1, 2015, and applicable to the renewal of a license or certificate that expires on or after that date, effective June 30, 2015, and amended Subsec. (b) to reduce additional fee for person holding license to practice medicine or surgery from $10 to $5, and added $5 to professional service fee for class I for renewal of licenses, effective October 1, 2015, and applicable to the renewal of a license that expires on or after that date; P.A. 16-66 amended Subsec. (c)(4) by replacing “American College of Nurse-Midwives” with “Accreditation Midwifery Certification Board”; P.A. 17-66 amended Subsec. (e)(3) by replacing “section 20-475 or 20-476” with “chapter 400c”, effective July 1, 2017; June Sp. Sess. P.A. 17-2 amended Subsec. (e)(1) to add reference to Sec. 20-185k or 20-185l, effective July 1, 2018; P.A. 18-168 amended Subsec. (e)(3) by adding provision re lead training providers and asbestos training providers to apply for renewal of certificate; P.A. 19-117 amended Subsec. (e) by adding reference to Ch. 383g and adding provision re person holding license as marital and family therapist associate in Subdiv. (1), effective October 1, 2019, deleting reference to Sec. 20-266o and adding reference to Secs. 20-265b to 20-265d and 20-265f in Subdiv. (2), adding new Subdiv. (3) re renewal of certificate issued under Sec. 20-195ttt and redesignating existing Subdivs. (3) to (5) as Subdivs. (4) to (6), effective January 1, 2020 (Revisor's note: References to Secs. 20-265b to 20-265d and 20-265f in Subsec. (e)(2) were deleted for clarity because these sections are all in Ch. 387); P.A. 19-118 amended Subsec. (e) by deleting reference to Ch. 384d in Subdiv. (1) and adding reference to Ch. 384d in Subdiv. (2), effective July 1, 2019; P.A. 21-121 amended Subsec. (c) by deleting former Subdiv. (6) re physician assistant, effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (g) by redesignating existing provision as Subdiv. (1) and adding Subdiv. (2) re requirement to charge a service fee, rate or amount of service fee and waiver approval, effective July 1, 2022; P.A. 24-68 added references to Chs. 371 to 373, inclusive, 375, 375a, 380 to 381b, inclusive, 382a, 383 to 383d, inclusive, 383f to 388, inclusive, 393a, 395, 397a to 399, inclusive, 400a and 400c re on-line license renewal system, effective July 1, 2024; P.A. 25-96 amended Subsec. (e) by adding Subdiv. (7) re biennial license renewal during anniversary month of initial licensure for persons licensed under Sec. 20-278h, effective June 24, 2025, and amended Subsec. (b) by adding provisions re renewal of licenses of persons retired from the profession, effective October 1, 2025; P.A. 25-168 amended Subsec. (e)(2) by adding reference to Ch. 382e, effective July 1, 2026.

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Sec. 19a-88d. Regulations re retired physicians. For the purposes of subsection (b) of section 19a-88, the Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54. Such regulations shall include, but need not be limited to, (1) a definition of “retired from the profession” as that term applies to physicians, (2) procedures for licensed physicians, who have retired from the profession, to return to active employment, and (3) appropriate restrictions upon the scope of practice for such physicians who are retired from the profession, including restricting the license of such physicians to the provision of volunteer services without monetary compensation.

(P.A. 25-96, S. 12.)

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Sec. 19a-88e. License reinstatement for physicians retired from the profession whose license has become void. Any person licensed pursuant to section 20-13 who is retired from the profession and whose license has become void pursuant to section 19a-88 may apply for reinstatement of such license pursuant to the provisions of section 19a-14. The licensing fee for a reinstated retiree shall be ten per cent of the professional services fee for class I, as determined in accordance with section 33-182l, or ninety-five dollars, whichever is greater. The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section. Such regulations shall include, but need not be limited to, (1) a definition of “retired from the profession” as that term applies to physicians, and (2) (A) eligibility requirements consistent with the provisions of subdivision (6) of subsection (a) of section 19a-14, and (B) application procedures relating to license reinstatement. The commissioner may impose any conditions or restrictions upon the scope of practice of a physician whose license is reinstated pursuant to the provisions of this subdivision, including, but not limited to, conditions or restrictions relating to the provision of volunteer services without monetary compensation.

(P.A. 25-96, S. 13.)

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Sec. 19a-89e. Development of prospective nurse staffing plan by hospitals. Report. (a) For purposes of this section:

(1) “Department” means the Department of Public Health;

(2) “Hospital” means an establishment for the lodging, care and treatment of persons suffering from disease or other abnormal physical or mental conditions and includes inpatient psychiatric services in general hospitals;

(3) “Assistive personnel” means personnel who are not licensed by the Department of Public Health and who engage in specifically delegated patient care activities; and

(4) “Direct care registered nurse” means a registered nurse licensed pursuant to chapter 378 whose primary responsibility is to provide direct patient care.

(b) Each hospital licensed by the department pursuant to chapter 368v shall report, not later than January first and July first annually, to the department on a prospective nurse staffing plan with a written certification that the nurse staffing plan developed pursuant to subsections (d) and (e) of this section is sufficient to provide adequate and appropriate delivery of health care services to patients in the ensuing period of licensure. Such plan shall promote a collaborative practice in the hospital that enhances patient care and the level of services provided by nurses and other members of the hospital's patient care team.

(c) (1) Each hospital shall establish a dedicated hospital staffing committee to assist in the preparation of the nurse staffing plan required pursuant to subsection (b) of this section. Direct care registered nurses employed by the hospital shall account for not less than fifty per cent and an odd number of members of the membership of each hospital's staffing committee. The total number of direct care registered nurses shall be one more than the total number of nondirect care registered nurses of such committee. Each hospital's staffing committee shall include broad-based representation across hospital services. When registered nurses employed by the hospital are members of a collective bargaining unit, (A) the collective bargaining unit shall select the direct care registered nurse members that comprise not less than fifty per cent of the total number of members of such committee, provided such selection is not prohibited conduct under the National Labor Relations Act, 29 USC 151, et seq., as amended from time to time, 5 USC 71, as amended from time to time, or the State Employee Relations Act, section 5-270, et seq., as amended from time to time, and (B) a representative of the collective bargaining unit shall provide the hospital with a list of multiple names of direct care registered nurses from which hospital management shall select the one additional direct care registered nurse member beyond the fifty per cent of the direct care registered nurse members. Direct care registered nurses who are not members of a collective bargaining unit shall be selected for the committee through a process determined by the direct care registered nurses of the hospital. The hospital staffing committee that was in existence prior to October 1, 2023, shall solicit feedback from all direct care registered nurses employed by the hospital regarding what such process should entail. The direct care registered nurses who are members of such existing hospital staffing committee shall decide, by majority vote, the parameters of such process. Hospital management shall select the remaining members of such committee.

(2) Each hospital shall pay each employee who serves on the hospital staffing committee such employee's regular rate of pay, including differentials, for participation on the committee and consider, to the extent possible by the hospital, the time such employee serves on the committee as part of such employee's regularly scheduled work week. Each hospital shall ensure that direct care registered nurses have coverage to attend hospital staffing committee meetings.

(3) Each hospital staffing committee shall include two cochairpersons who have direct patient care experience, one of whom is a direct care registered nurse at the hospital who shall be elected by members of the committee who are direct care registered nurses, and one of whom shall be elected by members of the committee who are not direct care registered nurses. The committee shall take minutes of every meeting, make such minutes available to any member of the hospital staff upon request and submit such minutes to the Department of Public Health when requested by the department. A majority of the members of the staffing committee shall constitute a quorum for the transaction of staffing committee business. A decision made by the hospital staffing committee shall be made by a vote of a majority of the members present at the meeting. If a quorum of members present at a meeting comprises an equal number of members who are direct care registered nurses and members who are not direct care registered nurses, a sufficient number of members who are not direct care registered nurses shall abstain from voting to allow a majority of the voting members to consist of direct care registered nurses.

(4) Each hospital shall notify each nurse on the nurse's date of hire, and annually thereafter, about the hospital staffing committee, including, but not limited to, the purpose of the committee, the criteria and process for becoming a member of the committee, the hospital's process for internal review of the nurse staffing plan and the hospital's mechanism for obtaining input from direct care staff, including direct care registered nurses and other members of the hospital's patient care team, in the development of the nurse staffing plan.

(d) Each hospital staffing committee shall develop the nurse staffing plan for the hospital. In developing such plan, the committee shall evaluate the most recent research regarding patient outcomes, share with hospital staff the procedures for communicating concerns to the committee regarding such plan and staffing assignments and review all reports regarding any such concerns and any objections or refusals by a registered nurse to participate in a staffing assignment made pursuant to subsection (h) of this section that were communicated to the committee. Each hospital shall implement such plan. Such plan shall: (1) Include the minimum professional skill mix for each patient care unit in the hospital, including, but not limited to, inpatient services, critical care and the emergency department; (2) identify the hospital's employment practices concerning the use of temporary and traveling nurses; (3) set forth the level of administrative staffing in each patient care unit of the hospital that ensures direct care staff are not utilized for administrative functions; (4) set forth the hospital's process for internal review of the nurse staffing plan; and (5) include the hospital's mechanism of obtaining input from direct care staff, including nurses and other members of the hospital's patient care team, in the development of the nurse staffing plan. In addition to the information described in subdivisions (1) to (5), inclusive, of this subsection, nurse staffing plans developed and implemented after January 1, 2016, shall include: (A) The number of registered nurses providing direct patient care and the ratio of patients to such registered nurses by patient care unit; (B) the number of licensed practical nurses providing direct patient care and the ratio of patients to such licensed practical nurses, by patient care unit; (C) the number of assistive personnel providing direct patient care and the ratio of patients to such assistive personnel, by patient care unit; (D) the method used by the hospital to determine and adjust direct patient care staffing levels; and (E) a description of assistive personnel on each patient care unit. In addition to the information described in subdivisions (1) to (5), inclusive, of this subsection and subparagraphs (A) to (E), inclusive, of this subdivision, nurse staffing plans developed and implemented after January 1, 2017, shall include: (i) A description of any differences between the staffing levels described in the staffing plan and actual staffing levels for each patient care unit; and (ii) any actions the hospital intends to take to address such differences or adjust staffing levels in future staffing plans.

(e) On and after January 1, 2024, in addition to the information required pursuant to subsection (d) of this section, each nurse staffing plan shall include:

(1) Information about any objections to or refusals to comply with the nurse staffing plan by hospital staff that were communicated to the hospital staffing committee;

(2) Measurements of and evidence to support successful implementation of the nurse staffing plan;

(3) Retention, turnover and recruitment metrics for direct care registered nursing staff, including, but not limited to, the turnover rate per hospital unit during the preceding twelve months and the average years of experience of permanent direct care registered nursing staff per unit;

(4) The number of instances since the last nurse staffing plan was submitted when the hospital was not in compliance with such plan, including, but not limited to, the nurse staffing ratios set forth in such plan, and a description of how and why such plan was not complied with and plans to avoid future noncompliance with such plan; and

(5) Certification that the hospital and its hospital staffing committee are meeting the requirements set forth in this section and a description of how each requirement is being met.

(f) Each hospital shall post the nurse staffing plan developed and adopted pursuant to subsections (d) and (e), inclusive, of this section on each patient care unit in a conspicuous location visible and accessible to staff, patients and members of the public. Each hospital shall maintain accurate records, for not less than the preceding three years, of the ratios of patients to direct care registered nurses and patients to assistive personnel providing patient care in each direct care unit for each shift. Such records shall include the number of (1) patients in each unit on each shift, (2) direct care registered nurses assigned to each patient in each unit on each shift, and (3) assistive personnel providing patient care assigned to each patient in each unit on each shift. Each hospital shall make such records available, upon request, to the Department of Public Health, the staff of the hospital, any collective bargaining unit representing such staff, the patients of the hospital and members of the general public.

(g) No hospital shall require a registered nurse to undertake any patient care task that is beyond the scope of the nurse's license.

(h) A registered nurse may object to or refuse to participate in any activity, policy, practice or task assigned by a hospital if the registered nurse is not competently able based on education, training or experience to participate in the activity, policy, practice or task without compromising the safety of a specific patient. If a registered nurse objects or refuses to participate, the nurse shall immediately contact a supervisor for assistance or to allow the hospital to find a suitable replacement. Not later than twelve hours after objecting or refusing to participate, the registered nurse shall submit a form, developed by the hospital and approved by the Department of Public Health, that includes the following: (1) A detailed statement of the reasons that the nurse objects or refuses to participate in the activity, policy, practice or task; (2) a description of how performing the activity, policy, practice or task would have compromised patient safety; and (3) the ways in which the activity, policy, practice or task was not consistent with the nurse's education, training, experience or job description. A hospital shall review and analyze each form submitted pursuant to this subsection through one or more of the hospital's committees or functions, including, but not limited to, the quality assessment and performance improvement program, risk management or patient safety, and make adjustments to nurse staffing assignments if necessary to improve patient safety. Each hospital shall provide the Department of Public Health with confidential access to the forms submitted to the hospital pursuant to this subsection upon request.

(i) If a registered nurse reasonably believes his or her participation in an activity, policy, practice or task would violate a provision of a nurse staffing plan or policy approved by the hospital's nurse staffing committee, the nurse may file a complaint with the nurse staffing committee on a form developed by the hospital and approved by the Department of Public Health. The hospital and its nurse staffing committee shall analyze the complaint and provide the Department of Public Health with an analysis of actions taken in response to such complaint. The department shall submit all complaint forms provided to it pursuant to this subsection with its biannual report required pursuant to subsection (n) of this section.

(j) No hospital shall discharge, retaliate against, discriminate against or take any other adverse action against a registered nurse or any aspect of the registered nurse's employment, including, but not limited to, discharge, promotion, reduction in compensation or changes to terms, conditions or privileges of employment, as a result of such nurse taking any of the actions described in this section, participation by the registered nurse in a hospital staffing committee or raising of concerns by the registered nurse regarding unsafe staffing or workplace violence, racism or bullying.

(k) Nothing in this section shall be construed to allow a nurse to abandon a patient or refuse to perform patient care activities (1) during an ongoing surgical procedure until such procedure is completed; (2) in a critical care unit, labor and delivery or emergency department until such nurse is relieved by another nurse; (3) in the case of a public health emergency; (4) in the case of an institutional emergency; or (5) in any instance where inaction or abandonment by the nurse would jeopardize patient safety.

(l) Nothing in this section shall prohibit a hospital, the Department of Public Health or the State Board of Examiners for Nursing from requiring a nurse to obtain additional training or continuing education consistent with the nurse's assigned roles and job description.

(m) Not later than January 1, 2016, and annually thereafter, the Commissioner of Public Health shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to public health concerning hospital compliance with reporting requirements under this section and recommendations concerning any additional reporting requirements.

(n) Each hospital shall report biannually to the Department of Public Health, in a form and manner prescribed by the Commissioner of Public Health, whether it has been in compliance, for the previous six months, with at least eighty per cent of the nurse staffing assignments as required by any component outlined in the nurse staffing plan developed pursuant to subsections (d) and (e) of this section. Each hospital shall submit such reports not later than January fifteenth for the most recent six-month period ending on January first, and not later than July fifteenth for the most recent six-month period ending on July first.

(o) For a failure by a hospital to (1) establish or maintain a hospital staffing committee pursuant to subsection (c) of this section, (2) submit the report required by subsection (n) of this section to the Department of Public Health, (3) post the staffing plan pursuant to subsection (f) of this section, or (4) comply with at least eighty per cent of the nurse staffing assignments set forth in the nurse staffing plan, the Commissioner of Public Health shall issue an order that: (A) Requires the hospital to submit a corrective action plan to correct such noncompliance and implement such plan unless disapproved by the department not later than twenty business days after its submission; and (B) (i) imposes a civil penalty of three thousand five hundred dollars for the first violation, or (ii) imposes a civil penalty of five thousand dollars for each subsequent violation.

(p) (1) A hospital shall, not later than five business days after receipt of an order pursuant to subsection (o) of this section, submit a request in writing to the Department of Public Health for a hearing to contest the order. If the hospital fails to submit such a request not later than five business days after such receipt, the order shall be deemed a final order of the department, effective upon the expiration of such five business days. After receipt of a timely request for a hearing, the department shall set the matter down for a hearing as a contested case in accordance with the provisions of chapter 54.

(2) Each hospital shall pay any civil penalties imposed pursuant to subsection (o) of this section not later than fifteen days after the final date by which an appeal may be taken as provided in section 4-183 or, if an appeal is taken, not later than fifteen days after the final judgment on such appeal. If such penalties or the expenses of an audit ordered under subsection (q) of this section are not paid by the hospital, the Commissioner of Public Health shall notify the Commissioner of Social Services who shall be authorized to immediately withhold from the hospital's next medical assistance payment, an amount equal to the amount of the civil penalty and audit expenses.

(q) The Commissioner of Public Health may order an audit of the nurse staffing assignments of each hospital to determine compliance with the nurse staffing assignments for each hospital unit set forth in the nurse staffing plan developed pursuant to subsections (d) and (e) of this section. Such audit may include an assessment of the hospital's compliance with the requirements of this section for the content of such plan, accuracy of reports submitted to the department and the membership of the hospital staffing committee. In determining whether to order an audit, the commissioner shall consider whether there has been consistent noncompliance by the hospital with the nurse staffing plan, fear of false reporting by the hospital or any other health care quality safety concerns. The hospital that is subject to the audit shall pay the cost of the audit. The audit shall not affect the conduct by the hospital of peer review as defined in section 19a-17b.

(P.A. 08-79, S. 1; P.A. 15-91, S. 1; P.A. 23-204, S. 54; P.A. 24-68, S. 46; P.A. 25-97, S. 21.)

History: P.A. 15-91 amended Subsec. (b) to replace provision re plan made available upon request with provision re annual report on plan, amended Subsec. (c) to add provisions re information to be included in nurse staffing plans developed and implemented after January 1, 2016, and after January 1, 2017, and added Subsec. (d) re report concerning compliance and recommendations, effective July 1, 2015; P.A. 23-204 amended Subsec. (a) by adding Subdiv. (3) defining “assistive personnel” and Subdiv. (4) defining “direct care registered nurse”, Subsec. (b) by adding January and July first deadlines and reference to Subsecs. (d) and (e), Subsec. (c) by designating existing provisions re establishing a hospital staffing committee as Subdiv. (1) and amending same by inserting “dedicated”, replacing reference to “registered” with “direct care registered”, making technical changes, adding provision requiring direct care registered nurses to account for an odd number of members of the hospital staffing committee, replacing existing provisions re utilization of existing committees to assist in preparation of plan with provisions re membership of the committee, adding Subdiv. (2) re payment for services, adding Subdiv. (3) re chairpersons, taking minutes, quorum requirements and voting and adding Subdiv. (4) re notification re the hospital staffing committee, added new Subsec. (d) designator before existing provisions re implementation of the nurse staffing plan, made technical changes thereto and added new provisions re development of the plan by the hospital staffing committee, added Subsec. (e) re requirements for nurse staffing plan on and after January 1, 2024, added Subsec. (f) re posting of the nurse staffing plan and maintaining records of ratios of patients to direct care registered nurses and assistive personnel, added Subsec. (g) prohibiting hospital from requiring registered nurses to undertake any task beyond their scope, added Subsec. (h) re registered nurse's authority to object to or refuse to participate in certain activities, policies, practices or tasks, added Subsec. (i) re registered nurse's authority to file a complaint with the nurse staffing committee, added Subsec. (j) re prohibition on hospital's ability to discharge, retaliate against, discriminate against or take any other adverse action against a registered nurse, added Subsec. (k) prohibiting a nurse from abandoning a patient or refusing to perform certain patient care activities, added Subsec. (l) re authority of the department to require additional training or continuing education, redesignated existing Subsec. (d) as Subsec. (m) and made a technical change thereto, added Subsec. (n) re reporting to the department re compliance with the nurse staffing assignments, added Subsec. (o) re penalties for failure to establish or maintain a hospital staffing committee, submit the required report, post staffing plan or comply with at least 80 per cent of the staffing assignments, added Subsec. (p) re hearing to contest an order and payment of civil penalties, and added Subsec. (q) re ordering an audit of nurse staffing assignments; P.A. 24-68 amended Subsec. (q) by making a technical change, effective May 28, 2024; P.A. 25-97 amended Subsec. (n) by deleting reference to October 1, 2024, and adding provisions re January 15 and July 15 deadlines.

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Sec. 19a-112a. Commission on the Standardization of the Collection of Evidence in Sexual Assault Investigations. Protocol. Sexual assault evidence collection kit. Electronic tracking, transfer, analysis and preservation of evidence. Costs. Training and sexual assault examiner programs. Victim access to information re evidence. (a) There is created a Commission on the Standardization of the Collection of Evidence in Sexual Assault Investigations composed of fifteen members as follows: (1) The Chief State's Attorney or a designee; (2) the executive director of the Commission on Women, Children, Seniors, Equity and Opportunity or a designee; (3) the Commissioner of Children and Families or a designee; (4) one member from the Division of State Police and one member from the Division of Scientific Services appointed by the Commissioner of Emergency Services and Public Protection; (5) one member from Connecticut Alliance to End Sexual Violence appointed by its board of directors; (6) one member from the Connecticut Hospital Association appointed by the president of the association; (7) one emergency physician appointed by the president of the Connecticut College of Emergency Physicians; (8) one obstetrician-gynecologist and one pediatrician appointed by the president of the Connecticut State Medical Society; (9) one nurse appointed by the president of the Connecticut Nurses' Association; (10) one emergency nurse appointed by the president of the Emergency Nurses' Association of Connecticut; (11) one police chief appointed by the president of the Connecticut Police Chiefs Association; (12) one member of the Office of Victim Services within the Judicial Department; and (13) one member of Disability Rights Connecticut, Inc. appointed by its board of directors. The Chief State's Attorney or a designee shall be chairman of the commission. The commission shall be within the Division of Criminal Justice for administrative purposes only.

(b) (1) For the purposes of this section, (A) “protocol” means the state of Connecticut Technical Guidelines for Health Care Response to Victims of Sexual Assault, including the Interim Sexual Assault Toxicology Screen Protocol, as revised from time to time and as incorporated in regulations adopted in accordance with subdivision (2) of this subsection, pertaining to the collection of evidence in any sexual assault investigation, and (B) “law enforcement agency” means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department.

(2) The commission shall recommend the protocol to the Chief State's Attorney for adoption as regulations in accordance with the provisions of chapter 54. Such protocol shall include nonoccupational post-exposure prophylaxis for human immunodeficiency virus (nPEP), as recommended by the National Centers for Disease Control. The commission shall annually review the protocol and may annually recommend changes to the protocol for adoption as regulations.

(c) (1) The commission shall design a sexual assault evidence collection kit and may annually recommend changes in the kit to the Chief State's Attorney. Each kit shall include instructions on the proper use of the kit, standardized reporting forms, standardized tests which shall be performed if the victim so consents and standardized receptacles for the collection and preservation of evidence. The commission shall provide the kits to all health care facilities in the state at which evidence collection examinations are performed at no cost to such health care facilities.

(2) Not later than October 1, 2018, the Division of Scientific Services within the Department of Emergency Services and Public Protection shall (A) implement an electronic tracking system for sexual assault evidence collection kits, and (B) notify health care facilities at which evidence collection examinations are performed of such kit-tracking system.

(3) Not later than October 1, 2018, the commission shall develop guidelines for (A) the use by such health care facilities of kit-tracking software to record (i) when a sexual assault evidence collection kit is used, and (ii) when and to which law enforcement agency the kit is transferred, (B) the use by the Division of Scientific Services within the Department of Emergency Services and Public Protection of such software to record the receipt of each kit submitted by a law enforcement agency to the division, and (C) training employees of such health care facilities and the division who are subject to the guidelines, including instruction on the use of such kit-tracking software.

(d) Each health care facility in the state that provides for the collection of sexual assault evidence shall follow the protocol adopted under subsection (b) of this section, contact a sexual assault counselor, as defined in section 52-146k, when a person who identifies himself or herself as a victim of sexual assault arrives at such health care facility and, with the consent of the victim, shall collect sexual assault evidence. After collecting the evidence, the health care facility shall obtain the consent of the victim to establish a designation label for the sexual assault evidence collection kit, for which the victim may choose the designation of (1) “anonymous” by not including the victim's name on the sexual assault evidence collection kit and not reporting to a law enforcement agency at the time of evidence collection; (2) “identified” by including the victim's name on the sexual assault evidence collection kit, but not reporting to a law enforcement agency at the time of evidence collection; or (3) “reported” by including the victim's name on the sexual assault evidence collection kit and reporting to a law enforcement agency at the time of evidence collection. After the collection and designation of any evidence, the health care facility shall contact a law enforcement agency to receive the evidence. Not later than ten days after the collection of the evidence, the law enforcement agency shall transfer the evidence, in a manner that maintains the integrity of the evidence, to the Division of Scientific Services within the Department of Emergency Services and Public Protection. If the evidence is transferred to the division and the sexual assault evidence collection kit is designated “identified” or “reported”, the division shall analyze the evidence not later than sixty days after the collection of the evidence or, if the sexual assault evidence collection kit is designated “anonymous”, shall hold the evidence for at least five years after the collection of the evidence. If a victim reports the sexual assault to the law enforcement agency after the collection of the evidence, such law enforcement agency shall notify the division that a report has been filed not later than five days after filing such report and the division shall analyze the evidence not later than sixty days after receiving such notification. Following the analysis of any evidence received, the division may, at the division's discretion, return the evidence submitted, or any portion of such evidence, to the submitting law enforcement agency in a manner that maintains the integrity of the evidence. The division or law enforcement agency, as applicable, shall hold any evidence received and analyzed pursuant to this subsection until the conclusion of any criminal proceedings. The failure of a law enforcement agency to transfer the evidence not later than ten days after the collection of the evidence, or the division to analyze the evidence not later than sixty days after the collection of the evidence or after receiving a notification from a law enforcement agency, shall not affect the admissibility of the evidence in any suit, action or proceeding if the evidence is otherwise admissible. The failure of any person to comply with this section or the protocol shall not affect the admissibility of the evidence in any suit, action or proceeding if the evidence is otherwise admissible.

(e) (1) No costs incurred by a health care facility for the examination of a victim of sexual assault, when such examination is performed for the purpose of gathering evidence as prescribed in the protocol, including the costs of testing for pregnancy and sexually transmitted diseases and the costs of prophylactic treatment as provided in the protocol, and no costs incurred for a medical forensic assessment interview conducted by a health care facility or provider or by an examiner working in conjunction with a multidisciplinary team established pursuant to section 17a-106a or with a child advocacy center, shall be charged directly or indirectly to such victim. Any such costs shall be charged to the Forensic Sex Evidence Exams account in the Judicial Department.

(2) No costs incurred by a health care facility for any toxicology screening of a victim of sexual assault, when such screening is performed as prescribed in the protocol, shall be charged directly or indirectly to such victim. Any such costs shall be charged to the Division of Scientific Services within the Department of Emergency Services and Public Protection.

(f) The commission shall advise the Chief State's Attorney on the establishment of a mandatory training program for health care facility staff regarding the implementation of the regulations, the use of the sexual assault evidence collection kit and kit-tracking software and procedures for handling evidence.

(g) The commission shall advise the Chief State's Attorney not later than July 1, 1997, on the development of a sexual assault examiner program and annually thereafter on the implementation and effectiveness of such program.

(h) Not later than October 1, 2018, the commission shall develop policies and procedures to ensure each victim has access to information regarding the victim's sexual assault evidence collection kit, including, but not limited to, information regarding when the kit was tested, whether DNA (deoxyribonucleic acid) obtained from the testing of the kit was entered into the DNA data bank established under section 54-102j, a national DNA data bank or any other data bank of another state, and if so, whether the sample derived from the kit satisfactorily matches a profile in any such DNA data bank.

(P.A. 88-210, S. 1, 3; P.A. 92-151, S. 1, 2; P.A. 93-91, S. 1, 2; 93-340, S. 6, 19; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 97-257, S. 2, 13; P.A. 98-5; 98-24; P.A. 99-218, S. 7, 16; June 30 Sp. Sess. P.A. 03-6, S. 162, 163; P.A. 05-272, S. 16; P.A. 10-102, S. 1; P.A. 11-51, S. 134; June Sp. Sess. P.A. 12-1, S. 141; P.A. 15-207, S. 1; May Sp. Sess. P.A. 16-3, S. 159; P.A. 18-83, S. 1; P.A. 19-117, S. 130; P.A. 25-29, S. 2.)

History: P.A. 92-151 added new Subsecs. (d) and (e) concerning the holding of evidence and costs associated with gathering evidence; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-340 amended Subsec. (a) to increase the membership of the commission from 11 to 13 members, add the commissioner of children and youth services or his designee as a member, specify that one member shall be from the division of state police rather than from the state police major crimes division, specify that the member from the state police forensic science laboratory be appointed by the commissioner of public safety rather than the director of said laboratory, replace “emergency room physician” with “emergency physician” and specify that said physician be appointed by the president of the Connecticut College of Emergency Physicians rather than the president of the Connecticut State Medical Society, specify that the president of the Connecticut Nurses' Association appoint one nurse rather than one emergency room nurse, add one emergency nurse appointed by the president of the Emergency Nurses' Association as a member, designate the chief state's attorney or his designee as chairman and specify that the commission be within the division of criminal justice, rather than the department of administrative services, for administrative purposes, amended Subsec. (b) to replace “hospital protocol” with “health care facility protocol”, require the commission to recommend the protocol to the chief state's attorney rather than to the commissioner of health services, require the regulations to be adopted by January 1, 1994, rather than by May 26, 1989, require the commission to review the protocol annually and authorize the commission to recommend changes to the protocol annually rather than every two years, amended Subsec. (c) to require the commission to design a sexual assault evidence kit “not later than January 1, 1994”, authorize the commission to annually recommend changes in the kit to the chief state's attorney and replace “institutions in the state with emergency rooms or trauma center facilities” with “health care facilities in the state at which evidence collection examinations are performed”, amended Subsec. (d) to replace “institution in the state with an emergency room or trauma center facility” with “health care facility in the state”, amended Subsec. (e) to replace “hospital or other medical facility” with “health care facility” and added Subsecs. (f) and (g) requiring the commission to advise the chief state's attorney on the establishment of a training program for health care facility staff and on the development, implementation and effectiveness of a sexual assault examiner program, respectively, effective July 1, 1993; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-257 amended Subsecs. (b) and (g) by changing “January 1, 1994” to “July 1, 1997”, amended Subsec. (c) by deleting reference to January 1, 1994, and amended Subsec. (d) by changing “request” to “consent” and amending procedure for the analysis of evidence by the state police forensic science laboratory or the Department of Health toxicology laboratory, effective July 1, 1997; P.A. 98-5 amended Subsec. (a) to increase the membership of the commission from 13 to 14 members by adding one police chief appointed by the president of the Connecticut Police Chiefs Association; P.A. 98-24 amended Subsec. (d) to authorize the transfer of evidence to the Federal Bureau of Investigation laboratory; P.A. 99-218 deleted the Commissioner of Public Health from membership on the commission, replaced state police forensic science laboratory with Division of Scientific Services, deleted reference to the Department of Public Health toxicological laboratory and made technical changes, effective July 1, 1999; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b) to insert Subdiv. designators, redefine “protocol” as “the state of Connecticut Technical Guidelines for Health Care Response to Victims of Sexual Assault, including the Interim Sexual Assault Toxicology Screen Protocol, as revised from time to time and as incorporated in regulations adopted in accordance with subdivision (2) of this subsection, pertaining to the collection of evidence in any sexual assault investigation” rather than “the state of Connecticut health care facility protocol for victims of sexual assault which shall consist of regulations adopted in accordance with this subsection pertaining to the collection of evidence in any sex offense crime” and delete obsolete provision requiring the regulations to be adopted not later than July 31, 1997, and amended Subsec. (e) to designate existing provisions as Subdiv. (1) and amend said Subdiv. to include “the costs of testing for pregnancy and sexually transmitted diseases and the costs of prophylactic treatment as provided in the protocol” in the costs incurred by a health care facility that shall not be charged to the victim and make technical changes and to add new Subdiv. (2) prohibiting the charging to the victim of costs incurred for any toxicology screening performed as prescribed in the protocol and requiring the costs be charged to the Division of Scientific Services within the Department of Public Safety, effective August 20, 2003; P.A. 05-272 amended Subsec. (b)(2) by requiring protocol for health care response to victims of sexual assault to include nonoccupational post-exposure prophylaxis for HIV (nPEP), as recommended by the National Centers for Disease Control, effective July 1, 2005; P.A. 10-102 amended Subsec. (e)(1) to require costs to be charged to Office of Victim Services within Judicial Department rather than Division of Criminal Justice, effective June 2, 2010; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) to add 1 member of the Office of Victim Services to the commission, and amended Subsec. (e)(1) to prohibit charging the victim costs incurred for a medical forensic assessment interview conducted by a health care facility or a provider or examiner working with a multidisciplinary team or child advocacy center, and require that costs be charged to the Forensic Sex Evidence Exams account in the Judicial Department, rather than to the Office of Victim Services; P.A. 15-207 amended Subsec. (d) by adding provisions re police department to transfer sexual assault evidence not later than 10 days after collection and re Division of Scientific Services to analyze sexual assault evidence not later than 60 days after collection or after receiving notification from a police department, and to hold sexual assault evidence for at least 5 years, rather than 60 days, when collected from a victim who chose to remain anonymous, and adding provision re failure to transfer or analyze sexual assault evidence not to affect admissibility of the evidence; May Sp. Sess. P.A. 16-3 amended Subsec. (a) by replacing “Permanent Commission on the Status of Women” with “Commission on Women, Children and Seniors”, effective July 1, 2016; P.A. 18-83 amended Subsec. (a) to increase membership of commission from 14 to 15 members by adding one member of Disability Rights Connecticut, Inc., and to replace Connecticut Sexual Assault Crisis Services, Inc. with Connecticut Alliance to End Sexual Violence, amended Subsec. (b)(1) to designate existing provision defining “protocol” as Subpara. (A) and add Subpara. (B) re definition of “law enforcement agency”, amended Subsec. (c) to designate existing provision re design of sexual assault evidence collection kit as Subdiv. (1), add Subdiv. (2) re implementation of electronic tracking system by Division of Scientific Services, and add Subdiv. (3) re guidelines for use of kit-tracking software, amended Subsec. (d) to add provision re sexual assault counselor, add provision re failure to comply with section or protocol not to affect admissibility of evidence, and make technical and conforming changes, amended Subsec. (f) to add reference to kit-tracking software and make a technical change, and added Subsec. (h) re policies and procedures for access to information from sexual assault evidence collection kit, effective July 1, 2018; P.A. 19-117 amended Subsec. (a) by adding Subdiv. designators (1) to (13) and replacing “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019; P.A. 25-29 amended Subsec. (d) by adding Subdivs. (1), (2) and (3) re “anonymous”, “identified” and “reported” designations and provisions concerning such designations throughout, deleting reference to Federal Bureau of Investigation laboratory, adding provision re return of evidence after analysis to submitting law enforcement agency and making technical changes.

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Sec. 19a-112d. Sexual assault victims account. There is established a sexual assault victims account, which shall be a separate, nonlapsing account. The account shall contain the moneys authorized pursuant to section 54-143c, and any other moneys required by law to be deposited in the account, and shall be held in trust separate and apart from all other moneys, funds and accounts. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. Investment earnings credited to the account shall become part of the account. Amounts in the account shall be expended only pursuant to appropriations by the General Assembly, for the fiscal year ending June 30, 2006, and each fiscal year thereafter, for the purpose of providing funds to the Department of Public Health for sexual assault crisis services furnished to victims of sexual assault in this state, provided such amounts so expended shall not supplant any state or federal funds otherwise available for such services.

(P.A. 04-121, S. 1; P.A. 25-110, S. 72.)

History: P.A. 04-121 effective July 1, 2004; P.A. 25-110 deleted reference to General Fund and made a technical change, effective July 1, 2025.

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Sec. 19a-131n. Advisory committee on matters relating to recommendations by Centers for Disease Control and Prevention and federal Food and Drug Administration. (a) The Commissioner of Public Health may establish an advisory committee to advise the commissioner on matters relating to recommendations by the Centers for Disease Control and Prevention and the federal Food and Drug Administration using evidence-based data from peer-reviewed literature and studies.

(b) The advisory committee may include, but need not be limited to, the following members:

(1) The dean of a school of public health at an independent institution of higher education in the state;

(2) The dean of a school of public health at a public institution of higher education in the state;

(3) A physician specializing in primary care who (A) has not less than ten years of clinical practice experience, and (B) is a professor at a medical school in the state;

(4) An infectious disease specialist who (A) has not less than ten years of clinical practice experience, and (B) is a professor at an institution of higher education in the state;

(5) A pediatrician who (A) has not less than ten years of clinical practice experience and expertise in children's health and vaccinations, and (B) is a professor at an institution of higher education in the state; and

(6) Any other individuals determined to be a beneficial member of the advisory committee by the Commissioner of Public Health.

(c) The advisory committee shall serve in a nonbinding advisory capacity, providing guidance solely at the discretion of the Commissioner of Public Health.

(P.A. 25-168, S. 170.)

History: P.A. 25-168 effective June 30, 2025.

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Sec. 19a-131o. Adoption of regulations to implement provisions of federal Emergency Medical Treatment and Labor Act if revoked, not adequately enforced or otherwise inapplicable. Review of regulations. (a) If the federal Emergency Medical Treatment and Labor Act, 42 USC 1395dd, as it existed as of June 30, 2025, in whole or in part, (1) is revoked, (2) fails to be adequately enforced, or (3) otherwise becomes inapplicable in this state, the Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of said act concerning operational requirements for hospitals that are set forth in Appendix V to the State Operations Manual for hospitals published by the Centers for Medicare and Medicaid Services, as said manual existed on December 31, 2024. Nothing in this subsection shall be construed to require the commissioner to request or otherwise involve the participation by any federal government entity in the oversight or enforcement of any regulations adopted pursuant to this subsection. If the commissioner finds, pursuant to subsection (g) of section 4-168, that adoption of such regulations upon fewer than thirty days' notice is required due to an imminent peril to the public health, safety or welfare, the commissioner shall adopt such regulations without prior notice, public comment period or hearing, or upon any abbreviated notice, public comment period and hearing, pursuant to said subsection, if feasible.

(b) The Commissioner of Public Health shall have the sole discretion to determine whether an event described in subdivisions (1) to (3), inclusive, of subsection (a) of this section has occurred. The commissioner may consult with the office of the Attorney General in making such determination.

(c) Nothing in this section shall be construed to authorize the commissioner to adopt the regulations described in subsection (a) of this section based on routine changes to the federal Emergency Medical Treatment and Labor Act, 42 USC 1395dd, as described in subsection (a) of this section, that do not result in a material loss of patient rights.

(d) If the commissioner adopts regulations pursuant to this section, the joint standing committee of the General Assembly having cognizance of matters relating to public health shall annually (1) review such regulations, and (2) make a recommendation to the commissioner as to whether the commissioner should maintain or repeal such regulations.

(P.A. 25-168, S. 172.)

History: P.A. 25-168 effective June 30, 2025.

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Sec. 19a-131p. Public health urgent communication account. There is established an account to be known as the “public health urgent communication account”, which shall be a separate, nonlapsing account. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Department of Public Health for the purposes of providing timely, effective communication to members of the general public, health care providers and other relevant stakeholders during a public health emergency, as described in section 19a-131a.

(P.A. 25-168, S. 176.)

History: P.A. 25-168 effective June 30, 2025.

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Sec. 19a-131q. Emergency public health financial safeguard account. There is established an account to be known as the “emergency public health financial safeguard account”, which shall be a separate, nonlapsing account. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Department of Public Health for the purposes of addressing unexpected shortfalls in public health funding and ensuring the Department of Public Health's ability to respond to the health care needs of state residents and provide a continuity of essential public health services. Said department shall not expend any moneys in the account for any of the purposes described in subsection (b) of section 3-22v.

(P.A. 25-168, S. 177.)

History: P.A. 25-168 effective June 30, 2025.

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Sec. 19a-133f. Declaration of opioid use disorder as a public health crisis. It is hereby declared that opioid use disorder constitutes a public health crisis in this state and will continue to constitute a public health crisis until each goal reported by the Connecticut Alcohol and Drug Policy Council pursuant to subsection (f) of section 17a-667a is attained.

(P.A. 25-168, S. 174.)

History: P.A. 25-168 effective June 30, 2025.

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Sec. 19a-133g. Installation of bleeding control kits in public buildings and places of public accommodation, resort or amusement. (a) As used in this section, “bleeding control kit” means a set of materials used to provide first aid to a person suffering from serious bleeding or a bleeding emergency, which includes, but need not be limited to, tourniquets, compression bandages, bleeding control bandages, emergency blankets, latex-free gloves, markers, scissors and instructional documents developed by a nonprofit organization that specializes in bleeding control, the United States Department of Defense or a similar agency that details methods to prevent blood loss following a traumatic event.

(b) The Commissioner of Public Health may work with district departments of health formed pursuant to section 19a-241 to install bleeding control kits in public buildings, as defined in section 1-1, and places of public accommodation, resort or amusement, as defined in section 46a-63. Any such bleeding control kit that is installed pursuant to this subsection shall be centrally located, clearly visible and easily accessible, and may be placed in a cabinet or case that stores an automatic external defibrillator. Any cabinet or case in which a bleeding control kit is placed pursuant to this subsection shall be clearly marked as containing such kit.

(c) The commissioner may accept donations of bleeding control kits and may utilize such kits to carry out the provisions of subsection (b) of this section.

(P.A. 25-160, S. 3.)

History: P.A. 25-160 effective July 1, 2025.

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