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CHAPTER 368a*
DEPARTMENT OF PUBLIC HEALTH

*Sec. 19a-1 et seq. and department of health services cited. 207 C. 346, 347. Sec. 19a-1 et seq. cited. 228 C. 651, 653.

Table of Contents

Sec. 19a-1. (Formerly Sec. 19-1a). Terms "Commissioner of Health", "Health Commissioner", "Department of Health", or "state Department of Health", deemed to mean Commissioner or Department of Health Services.
Sec. 19a-1a. Department of Public Health. Successor department to Department of Public Health and Addiction Services.
Sec. 19a-1b. Department of Public Health and Addiction Services: Administration, operations and programs units. Agency goals.
Sec. 19a-1c. Department of Public Health: Successor department to Department of Public Health and Addiction Services. Terms Commissioner or Department of Public Health and Addiction Services deemed to mean Commissioner or Department of Public Health.
Sec. 19a-1d. (Formerly Sec. 19a-3). Commissioner of Public Health: Appointment and qualifications.
Sec. 19a-2. (Formerly Sec. 19-1b). Department of Health Services. Commissioner. Successor department to Department of Health.
Sec. 19a-2a. Powers and duties.
Sec. 19a-2b. Commissioner may appear as intervenor for purpose of determining compliance with state health plan.
Sec. 19a-2c. Appointment of superintendents of alcohol and drug treatment facilities by the commissioner.
Secs. 19a-2d to 19a-2f.
Sec. 19a-2g.
Sec. 19a-3.
Sec. 19a-4. (Formerly Sec. 19-2a). Commissioner to organize department and adopt regulations.
Secs. 19a-4a to 19a-4c.
Sec. 19a-4d.
Sec. 19a-4e.
Secs. 19a-4f and 19a-4g.
Sec. 19a-4h.
Sec. 19a-4i. Office of Injury Prevention.
Sec. 19a-4j. Office of Multicultural Health.
Sec. 19a-4k. Advisory Commission on Multicultural Health.
Sec. 19a-5. (Formerly Sec. 19-4). Powers and duties of commissioner.
Secs. 19a-5a and 19a-5b.
Sec. 19a-5c.
Sec. 19a-6. (Formerly Sec. 19-4a). Commissioner to plan and administer programs for control and treatment of lung disease and chronic illness and for medical rehabilitation.
Sec. 19a-6a. Commissioner to implement outreach programs on chronic fatigue and immune dysfunction syndrome.
Sec. 19a-6b. Commissioner to allow assisted living services in congregate housing pilot program.
Sec. 19a-6c. Assisted living services in state-funded congregate housing facilities. Regulations.
Sec. 19a-6d. Tobacco Abuse Reduction and Health Plan.
Sec. 19a-6e. Traumatic brain injury patient registry.
Sec. 19a-7. (Formerly Sec. 19-3a). Public health planning. State health plan. Access to certain health care data. Regulations.
Sec. 19a-7a. State goal to assure the availability of appropriate health care to all state residents.
Sec. 19a-7b. Health Care Access Commission.
Sec. 19a-7c. Subsidized nongroup health insurance product for pregnant women.
Sec. 19a-7d. Primary care direct services program.
Sec. 19a-7e. Health care for uninsured pregnant women demonstration project.
Sec. 19a-7f. Childhood immunization schedule.
Sec. 19a-7g. Childhood Immunization Advisory Council.
Sec. 19a-7h. Childhood immunization registry. Regulations.
Sec. 19a-7i. Extension of coverage under the maternal and child health block grant.
Sec. 19a-7j.
Sec. 19a-7k. Preventive dental care pilot program.
Sec. 19a-8. (Formerly Sec. 19-4i). Boards and commissions within the department: Public members.
Sec. 19a-9. (Formerly Sec. 19-4j). Boards and commissions within the department: Regulations re hearings, proceedings and subjects within the jurisdiction of such boards and commissioners.
Sec. 19a-10. (Formerly Sec. 19-4k). Boards and commissions within the department: Hearings. Oaths and subpoenas.
Sec. 19a-11. (Formerly Sec. 19-4l). Boards and commissions: Orders for discontinuance; injunctive or other relief.
Sec. 19a-12. (Formerly Sec. 19-4m). Boards and commissions: Appeals from orders and decisions by aggrieved persons.
Sec. 19a-13. (Formerly Sec. 19-4n). Regulated professions; definitions.
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.
Sec. 19a-14a. Professional licenses. Investigations and disciplinary action.
Sec. 19a-14b. Radon mitigators, diagnosticians and testing companies. Regulations.
Sec. 19a-14c. Provision of outpatient mental health treatment to minors without parental consent.
Sec. 19a-15. (Formerly Sec. 19-4p). Review of certain statutes and regulations; report to General Assembly.
Sec. 19a-16. (Formerly Sec. 19-4q). Emerging occupations or professions; requests for regulation.
Sec. 19a-16a. Athletic training.
Sec. 19a-16b. Certification of athletic trainers by the National Athletic Trainers' Association. Restrictions. Exemptions.
Sec. 19a-16c. Referrals by athletic trainers.
Sec. 19a-17. (Formerly Sec. 19-4s). Disciplinary action by department, boards and commissions.
Sec. 19a-17a. Review of medical malpractice awards and certain settlements.
Sec. 19a-17b. (Formerly Sec. 38-19a). Peer review: Definitions; immunity; discovery permissible re proceedings.
Secs. 19a-17c to 19a-17l.
Sec. 19a-17m. Malpractice insurance purchase program.
Sec. 19a-17n. Malpractice insurance purchase program. Regulations. Limitations.
Sec. 19a-18. (Formerly Sec. 19-4t). Meaning of term "licensed" for insurance purposes.
Sec. 19a-19. (Formerly Sec. 19-4u). Regulation of business practices.
Sec. 19a-20. (Formerly Sec. 19-4v). Nonliability of complainants and board and commission members. Indemnification and defense.
Sec. 19a-21. (Formerly Sec. 19-4w). Disposition of licensing fees.
Sec. 19a-22. (Formerly Sec. 19-4x). Actions by department, boards and commissions; appeals.
Sec. 19a-23. (Formerly Sec. 19-4y). Boards and commissions; records.
Sec. 19a-24. (Formerly Sec. 19-5a). Claims for damages against Commissioners of Public Health and Mental Retardation and certain officials, employees, council members and trustees. Immunity. Indemnification.
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.
Sec. 19a-25a. Regulations re electronic signatures for medical records.
Sec. 19a-26. (Formerly Sec. 19-7). State laboratories. Services provided to whom. Regulations. Schedule of fees.
Sec. 19a-27. (Formerly Sec. 19-7a). Test for rubella immunity. Regulations.
Sec. 19a-28. (Formerly Sec. 19-8). Toxicology laboratory.
Sec. 19a-29. (Formerly Sec. 19-9). Special laboratories.
Sec. 19a-29a. Environmental laboratories.
Sec. 19a-30. (Formerly Sec. 19-9a). Clinical laboratories. Regulation and licensure. Proficiency standards for tests not performed in laboratories.
Sec. 19a-30a. Reporting of clinical laboratory errors.
Sec. 19a-31. (Formerly Sec. 19-9b). Clinical laboratories to analyze chiropractic specimens.
Sec. 19a-31a. Biolevel-three laboratories.
Sec. 19a-32. (Formerly Sec. 19-10). Department authorized to receive gifts.
Sec. 19a-32a. AIDS research education account. Regulations.
Sec. 19a-32b. Breast cancer research and education account. Regulations.
Sec. 19a-32c. Biomedical Research Trust Fund. Transfers from Tobacco Settlement Fund. Grants-in-aid.
Sec. 19a-33. (Formerly Sec. 19-10a). Regulation of traffic at department facilities.
Sec. 19a-34. (Formerly Sec. 19-11). Administration of federal funds for hospital survey and construction.
Sec. 19a-35. (Formerly Sec. 19-12). Federal funds for health services to children. Advisory board.
Sec. 19a-36. (Formerly Sec. 19-13). Public Health Code. Fees. Fencing of naturally formed swimming pools. Use of private wells or installation of replacement wells.
Sec. 19a-36a. Regulations concerning food operators.
Sec. 19a-36b. Persons exempt from examination requirement for qualified food operators. Regulations.
Sec. 19a-37. (Formerly Sec. 19-13a). Regulation of water supply wells and springs.
Sec. 19a-37a. Regulations establishing standards to prevent contamination of water supplies resulting from installation of fire extinguishing systems. Civil penalties.
Sec. 19a-37b. Regulations establishing acceptable levels of radon in schools.
Sec. 19a-37c. Effective date of regulations re installation of backflow preventer or air gap on a line to existing fire sprinkler system.
Sec. 19a-38. (Formerly Sec. 19-13b). Fluoridation of public water supplies.
Sec. 19a-39. (Formerly Sec. 19-13c). Protection of wells.
Sec. 19a-40. (Formerly Sec. 19-14). Supervision of vital statistics.
Sec. 19a-41. (Formerly Sec. 19-15). Compilation of vital records and statistics. Regulations.
Sec. 19a-42. (Formerly Sec. 19-15a). Amendment of vital records.
Sec. 19a-42a. Record of acknowledgment, rescission or adjudication of paternity to be maintained by department.
Sec. 19a-43. (Formerly Sec. 19-15b). Reproduction of vital records.
Sec. 19a-44. (Formerly Sec. 19-15c). Matching of birth and death certificates.
Sec. 19a-45. (Formerly Sec. 19-15d). Transmittal of vital records to other states and the United States Department of Health and Human Services.
Sec. 19a-45a. Memorandum of understanding between the Commissioners of Public Health and Social Services for improving public health services.
Sec. 19a-46. (Formerly Sec. 19-17). Expert examinations and inspections.
Sec. 19a-47. (Formerly Sec. 19-18). Information to local authorities. Reports to department. Notification of spills.
Sec. 19a-48. (Formerly Sec. 19-19). Care for children with cerebral palsy.
Sec. 19a-49. (Formerly Sec. 19-19a). Services for persons with cystic fibrosis.
Sec. 19a-50. (Formerly Sec. 19-20). Children crippled or with cardiac defects. Payment of "clean claims".
Sec. 19a-51. (Formerly Sec. 19-20a). Pediatric Cardiac Patient Care Fund.
Sec. 19a-52. (Formerly Sec. 19-20b). Purchase of equipment for handicapped children.
Sec. 19a-53. (Formerly Sec. 19-21). Reports of physical defects of children.
Sec. 19a-54. (Formerly Sec. 19-21a). Registration of physically handicapped children.
Sec. 19a-54a. Registry of data on infants exposed to AIDS medication.
Sec. 19a-55. (Formerly Sec. 19a-21b). Newborn infant health screening. Tests required. Fees. Regulations. Exemptions.
Sec. 19a-56. (Formerly Sec. 19-21c). Program for prevention of erythroblastosis.
Sec. 19a-56a. (Formerly Sec. 10a-132b). Birth defects surveillance program. Collection of birth defects data. Advisory committee.
Sec. 19a-56b. (Formerly Sec. 10a-132d). Confidentiality of birth defects information. Access.
Sec. 19a-57. (Formerly Sec. 19-21d). Loans for purchase of hemodialysis treatment machines.
Sec. 19a-58. (Formerly Sec. 19-21e). Pamphlet concerning hearing impairments in infants.
Sec. 19a-59. Program to identify newborn infants at high risk for hearing impairments.
Sec. 19a-59a. Low protein modified food products and amino acid modified preparations for inherited metabolic disease. Prescription required. Purchase by department.
Sec. 19a-59b. Maternal and child health protection program.
Sec. 19a-59c. Administration of federal Special Supplemental Food Program for Women, Infants and Children in the state.
Sec. 19a-59d. Penalties for violations of regulations for the Special Supplemental Food Program for Women, Infants and Children.
Sec. 19a-59e. Media campaign for the reduction of adolescent pregnancies.
Sec. 19a-60. (Formerly Sec. 19-22). Dental services for children.
Sec. 19a-60a. Dental services for children of low-income families.
Sec. 19a-61. (Formerly Sec. 19-22b). Services for children suffering from diabetes.
Sec. 19a-62. (Formerly Sec. 19-22c). Services for children suffering from cancer.
Sec. 19a-62a. Pediatric asthma pilot program. Asthma monitoring system. State-wide asthma plan. Model case definition of asthma. Report.
Secs. 19a-63 to 19a-67. (Formerly Secs. 19-23a to 19-23e). Diagnostic x-ray systems; regulatory authority; definition. Prevention of excess x-ray exposure; regulations. Compliance with regulations. Advisory board. Exemption from regulation.
Sec. 19a-68. (Formerly Sec. 19-26). Detention of persons affected with communicable disease or radioactive material.
Sec. 19a-69. (Formerly Sec. 19-27). Distribution of biologic products.
Sec. 19a-70. (Formerly Sec. 19-28). Priority of distribution in emergency.
Sec. 19a-71. (Formerly Sec. 19-29). Observation and treatment of certain typhoid germ carriers.
Sec. 19a-72. (Formerly Sec. 19-29a). Occupational history of cancer patients required of tumor registry.
Sec. 19a-73. (Formerly Sec. 19-29b). Occupational history of cancer patients in hospital medical records. Regulations.
Sec. 19a-74. (Formerly Sec. 19-30). Cancer.
Sec. 19a-74a. Regulations re information on nicotine yield ratings for brands of tobacco products.
Sec. 19a-75. (Formerly Sec. 19-30b). State aid for health career educational programs.
Sec. 19a-76. (Formerly Sec. 19-30d). State aid to municipal and district departments of health. Regulations.
Sec. 19a-77. (Formerly Sec. 19-43b). "Child day care services" defined. Additional license.
Sec. 19a-77a. Child day care services in retail stores.
Sec. 19a-78.
Sec. 19a-79. (Formerly Sec. 19-43d). Regulations. Exemptions.
Sec. 19a-79a. Pesticide applications at day care facilities.
Sec. 19a-80. (Formerly Sec. 19-43e). License required for child day care centers and group day care homes. Fees. Criminal history records checks. Notification of changes in regulations.
Secs. 19a-80a to 19a-80d.
Sec. 19a-80e. Parental participation in state-funded child day care centers and group day care homes.
Sec. 19a-80f. Substantiated complaints of abuse or neglect at licensed facilities. Listing; disclosure.
Sec. 19a-80g. Child day care center waiting list fees and deposits.
Sec. 19a-81. (Formerly Sec. 19-43f). Hearing on denial of license.
Sec. 19a-82. (Formerly Sec. 19-43g). Consultative services of state and municipal departments. Inspections. Assistance to licensees.
Sec. 19a-83. (Formerly Sec. 19-43h). Reports of licensees.
Sec. 19a-84. (Formerly Sec. 19-43i). Suspension or revocation of license. Denial of initial license application.
Sec. 19a-85. (Formerly Sec. 19-43j). Appeal.
Sec. 19a-86. (Formerly Sec. 19-43k). Injunction against illegal operation.
Sec. 19a-87. (Formerly Sec. 19-43l). Penalty for operation without a license. Notice and hearing.
Sec. 19a-87a. Discretion in the issuance of licenses. Suspension. Revocation. Notification of criminal conviction. False statements: Class A misdemeanor. Reporting of violations.
Sec. 19a-87b. (Formerly Sec. 17-585(b)—(d)). License required for family day care homes. Criminal history records checks. Regulations. Fees. Notification of changes in regulations.
Sec. 19a-87c. (Formerly Sec. 17-586). Family day care home: Penalty for operation without a license. Notice and hearing.
Sec. 19a-87d. (Formerly Sec. 17-587). Family day care homes: Injunction against illegal operation.
Sec. 19a-87e. (Formerly Sec. 17-588). Family day care homes: Discretion in the issuance of licenses. Suspension. Revocation. Denial of initial license application. Notification of criminal conviction. False statements. Reporting of violations.
Sec. 19a-88. (Formerly Sec. 19-45). *(See end of section for amended version of subdivision (5) of subsection (c) and amended version of subsection (e) and their effective date.) License renewal by certain healthcare providers.
Sec. 19a-88a. Regulations concerning retired nurses.
Sec. 19a-88b. Renewal of license, certificate, permit or registration which becomes void while holder on active duty in the armed forces of the United States. Exceptions.
Sec. 19a-89. (Formerly Sec. 19-46). Change of office or residence address.
Sec. 19a-89a. Database on nursing personnel.
Sec. 19a-89b. Fees for pool design guidelines and food compliance guide.
Sec. 19a-89c. Auricular acupuncture pilot program.
Sec. 19a-89d. Nurse staffing and patient care data.
Sec. 19a-90. (Formerly Sec. 19-47). Blood testing of pregnant women for syphilis and AIDS.
Sec. 19a-91. (Formerly Sec. 19-49). Transportation of bodies of deceased persons.
Sec. 19a-92. (Formerly Sec. 19-49b). Regulations concerning the licensing of massage parlors, masseurs and masseuses.
Sec. 19a-92a. Regulation of persons engaged in tattooing. Penalty.
Secs. 19a-92b to 19a-92f.
Sec. 19a-92g. Body piercing.
Secs. 19a-93 to 19a-94a.
Sec. 19a-95.
Secs. 19a-96 to 19a-101.
Sec. 19a-102. (Formerly Sec. 19-59a). Regulation of sale of turtles.
Sec. 19a-102a. Regulation of sale of turtles.
Sec. 19a-102b. Importation of turtles.
Sec. 19a-103. (Formerly Sec. 19-60). Control of communicable diseases in institutions.
Sec. 19a-104. (Formerly Sec. 19-61). Sale of rags to be used as wiping cloths; cleaning.
Sec. 19a-105. (Formerly Sec. 19-62). Public toilets.
Sec. 19a-106. (Formerly Sec. 19-62a). "Restroom" defined.
Sec. 19a-107. (Formerly Sec. 19-63). Towels in hotels and public lavatories.
Sec. 19a-108. (Formerly Sec. 19-64). Common drinking cups.
Sec. 19a-109. (Formerly Sec. 19-65). Heating and provision of utilities for buildings. Hot water. Termination of services.
Sec. 19a-110. (Formerly Sec. 19-65e). Report of lead poisoning. Availability of information regarding lead poisoning.
Sec. 19a-110a. Regional lead poisoning treatment centers.
Sec. 19a-111. (Formerly Sec. 19-65f). Investigation. Preventive measures. Relocation of families. Reports. Regulations.
Sec. 19a-111a. Lead poisoning prevention program.
Sec. 19a-111b. Educational and publicity program. Early diagnosis program. Program for detection of sources of lead poisoning.
Sec. 19a-111c. Abatement of lead in dwellings. List of encapsulant products. Regulations.
Sec. 19a-111d. Regulations.
Sec. 19a-111e. Federal funds for lead poisoning prevention programs.
Sec. 19a-111f. Environmentally safe housing for children and families program.
Sec. 19a-112. (Formerly Sec. 19-66b). Sterilization procedures to be performed only by doctors of medicine. Consent required.
Sec. 19a-112a. Commission on the Standardization of the Collection of Evidence in Sexual Assault Investigations. Regulations. Sexual assault evidence collection kit. Preservation of evidence. Costs. Training and sexual assault examiner programs.
Sec. 19a-112b. Services to victims of sexual acts.
Sec. 19a-112c. Educational materials for sexual assault victims.
Sec. 19a-113. (Formerly Sec. 19-66c). Regulations re compressed air for underwater breathing apparatus.
Sec. 19a-113a. Lifeguards. Certification.
Sec. 19a-114. (Formerly Sec. 19-66d). Transfer of the staff of the Commission on Hospitals and Health Care to the Department of Public Health and Addiction Services.
Sec. 19a-115. (Formerly Sec. 19-66f). Regulation of medical test units.
Sec. 19a-116. (Formerly Sec. 19-66g). Regulation of facilities which offer abortion services.
Secs. 19a-117 and 19a-117a. Respite care: Definitions; program; report. Regulation of respite care programs.
Secs. 19a-118 and 19a-119.
Secs. 19a-120 to 19a-120b. Elderly services program; objectives. Selection of hospitals for participation in program; criteria. Evaluation of program; criteria.
Sec. 19a-121. AIDS: Grant program.
Sec. 19a-121a. AIDS: Funding to local health departments.
Sec. 19a-121b. Regulations.
Sec. 19a-121c. AIDS: Public information program.
Sec. 19a-121d. Grants for mass mailing of report on AIDS.
Sec. 19a-121e. AIDS: Task force.
Sec. 19a-121f. Grants for programs established for the study or treatment of AIDS.
Sec. 19a-121g. Program of services for AIDS-affected children and youth.
Sec. 19a-122. Hospice care for the homeless.
Sec. 19a-122a. Hospice care for the homeless. Termination of pilot program.
Sec. 19a-122b. Hospice care pilot program.
Sec. 19a-123. Nursing pool: Definition.
Sec. 19a-123a. Nursing pool: Registration with Department of Public Health and Addiction Services.
Sec. 19a-123b. Nursing pool: Written agreement with health care institution.
Sec. 19a-123c. Regulation of rates charged by nursing pools.
Sec. 19a-123d. Aggrievement. Penalties.
Sec. 19a-124. Needle and syringe exchange programs.
Sec. 19a-125. Adolescent Health Council.
Secs. 19a-126 to 19a-127j.
Sec. 19a-127k. Community benefit programs.
Sec. 19a-127l. Quality of care program.
Sec. 19a-127m. Implementation of performance improvement plans by hospitals. Submission of plans to department as condition of licensure.
Sec. 19a-127n. Adverse events: Definitions; reporting requirements; regulations; confidentiality of information.
Secs. 19a-128 to 19a-134.

Sec. 19a-1. (Formerly Sec. 19-1a). Terms "Commissioner of Health", "Health Commissioner", "Department of Health", or "state Department of Health", deemed to mean Commissioner or Department of Health Services. Section 19a-1 is repealed, effective July 1, 1993.
(P.A. 77-614, S. 323, 610; P.A. 93-381, S. 38, 39.)
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(a) There is established a Department of Public Health. The department head shall be the Commissioner of Public Health, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties prescribed therein.
(b) The Department of Public Health shall constitute a successor department to the Department of Public Health and Addiction Services for the purposes of the chapters and sections listed in section 19a-1c, in accordance with sections 4-38d and 4-39.
(c) Any order or regulation of the Department of Public Health and Addiction Services which is in force on July 1, 1995, shall continue in force and effect as an order or regulation of the Department of Public Health until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments conflict, the Commissioner of Public Health may implement policies and procedures consistent with the provisions of public act 95-257* while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt the regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.
(P.A. 93-381, S. 1, 39; P.A. 95-257, S. 12, 58.)
*Public act 95-257 is entitled "An Act Concerning the Consolidation of State-Operated Programs at Fairfield Hills, Norwich and Connecticut Valley Hospitals, Transfer of Addiction Services to the Former Department of Mental Health, Medicaid Waiver and the Office of Health Care Access". (See Reference Table captioned "Public Acts of 1995 in Volume 16 which lists the sections amended, created or repealed by the act.)
History: P.A. 93-381 effective July 1, 1993; P.A. 95-257 replaced Department of Public Health and Addiction Services with Department of Public Health, deleted reference to the department as successor to the Connecticut Alcohol and Drug Abuse Commission and transferred addiction services responsibilities to the Department of Mental Health and Addiction Services, effective July 1, 1995.
See Sec. 1-101aa re provider participation in informal committees, task forces and work groups of department not deemed to be lobbying.
Cited. 242 C. 152. P.A. 95-257, Sec. 12 cited. Id.
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Section 19a-1b is repealed, effective July 1, 1995.
(S.A. 92-20, S. 3 (b), (d); P.A. 93-262, S. 7, 87; P.A. 95-257, S. 57, 58.)
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Sec. 19a-1c. Department of Public Health: Successor department to Department of Public Health and Addiction Services. Terms Commissioner or Department of Public Health and Addiction Services deemed to mean Commissioner or Department of Public Health. Section 19a-1c is repealed, effective October 1, 2002.
(P.A. 93-381, S. 9, 39, 58; P.A. 95-257, S. 21, 58; 95-264, S. 68; 95-360, S. 20, 32; P.A. 96-88, S. 6, 9; 96-185, S. 14, 16; P.A. 97-295, S. 9, 25; P.A. 98-262, S. 14, 22; P.A. 99-102, S. 51; 99-218, S. 15, 16; 99-284, S. 57, 60; P.A. 01-163, S. 29; P.A. 02-89, S. 90; 02-101, S. 14; 02-123, S. 9.)
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(a) In accordance with the provisions of sections 4-5 to 4-8, inclusive, the Governor shall appoint a Commissioner of Public Health, who shall be the administrative head of the department. Said commissioner shall either (1) be a physician, graduated by an acceptable medical college, recognized by one of the medical examining boards of this state, experienced in actual practice of his profession, skilled in sanitary science and experienced in public health administration and shall have had a minimum of one year of university graduate instruction in public health administration as evidenced by a certificate of graduation or a degree in public health or (2) hold a graduate degree in public health. He shall not engage in any other occupation.
(b) Notwithstanding the educational requirements of subsection (a) of this section, a commissioner who has been appointed prior to July 1, 1998, may continue to serve as commissioner and may continue to be reappointed and confirmed for consecutive terms after July 1, 1998.
(1949 Rev., S. 3798; 1959, P.A. 148, S. 2; 1972, P.A. 113, S. 2; P.A. 77-614, S. 341, 610; P.A. 85-337; P.A. 93-381, S. 28, 39; P.A. 95-257, S. 12, 21, 22, 58; P.A. 98-250, S. 38, 39.)
History: 1959 act deleted requirement that commissioner have had at least five years' experience in practice and added provisions for deputy commissioners; 1972 act reduced number of deputy commissioners from three to two; P.A. 77-614 replaced commissioner and department of health with commissioner and department of health services, removed reference to appointment of chairman of public health council, made appointment of deputy commissioners optional rather than mandatory, deleted limit of two deputies, referred to "divisions" rather than "offices" of department and deleted provision whereby deputy commissioner for public health is acting commissioner during absence or disability of commissioner, effective January 1, 1979; Sec. 19-2 transferred to Sec. 19a-3 in 1983; P.A. 85-337 permitted the commissioner of health services to hold a graduate degree in public health as alternative qualification for the position; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; Sec. 19a-3 transferred to Sec. 19a-1d in 1995; P.A. 95-257 replaced Commissioner of Public Health and Addiction Services with Commissioner of Public Health and added Subdiv. (3) re degree and experience, effective July 1, 1995; P.A. 98-250 made existing language Subsec. (a), deleted former Subdiv. (3) re requalification option requiring master's degree in public administration, public policy or public health and at least ten years' management experience in public health and added Subsec. (b) re exception for existing and reappointed commissioners, effective July 1, 1998.
See Sec. 19a-6 re commissioner's duties with respect to control and treatment of lung disease, chronic illness and medical rehabilitation.
Annotations to former section 19-2:
Cited. 140 C. 478. Cited. 165 C. 516, 517.
Cited. 15 CS 468.
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Section 19a-2 is repealed, effective July 1, 1993.
(P.A. 77-614, S. 322, 610; P.A. 93-381, S. 38, 39.)
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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. He 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) contract 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 and reportable laboratory findings and amend such list as he deems necessary and distribute such list as well as any necessary forms to each licensed physician and clinical laboratory in this state. He 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; (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; (11) make an inspection, at least once each year, of all public hospitals, asylums, prisons, schools and other institutions, within available appropriations. The commissioner may designate any person to perform any of the duties listed in subdivision (7) of this section. He 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. He shall assist and advise local directors of health in the performance of their duties, and may require the enforcement of any law, regulation or ordinance relating to public health. When requested by local directors of health, he shall consult with them and investigate and advise concerning any condition affecting public health within their jurisdiction. He shall investigate nuisances and conditions affecting, or that he has reason to suspect may affect, the security of life and health in any locality and, for that purpose, he, or any person authorized by him so to do, may enter and examine any ground, vehicle, apartment, building or place, and any person designated by him shall have the authority conferred by law upon constables. Whenever he 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, he shall forthwith take such measures, including the performance of any act required of the local health department, to ensure enforcement of such statute or regulation and shall inform the local health department of such measures. In September of each year he 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 or any political subdivision thereof 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 establish state-wide and regional advisory councils.
(P.A. 93-381, S. 2, 39; P.A. 94-174, S. 10, 12; P.A. 95-257, S. 12, 21, 24, 58.)
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.
See Sec. 4b-31a re commissioner's role in development of plan for colocation of family resource centers and school- based health clinics.
See Sec. 22a-1i re environmental risk assessment duties.
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The Commissioner of Public Health may appear and participate as an intervenor at any hearing or proceeding conducted by the Office of Health Care Access or any other state agency concerning certificate of need or rate or budget review of any health care facility or institution for the purpose of determining compliance with the state health plan.
(P.A. 93-381, S. 4, 39; P.A. 95-257, S. 12, 21, 39, 58.)
History: P.A. 93-381 effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Mental Health and Addiction Services and replaced Commission on Hospitals and Health Care with Office of Health Care Access, effective July 1, 1995.
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Sec. 19a-2c. Appointment of superintendents of alcohol and drug treatment facilities by the commissioner. Section 19a-2c is repealed, effective July 1, 1995.
(P.A. 93-381, S. 5, 39; P.A. 95-257, S. 57, 58.)
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Transferred to Chapter 319j, Secs. 17a-670 to 17a-672, inclusive.
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Transferred to Chapter 319j, Sec. 17a-679.
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Transferred to Sec. 19a-1d.
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Sec. 19a-4. (Formerly Sec. 19-2a). Commissioner to organize department and adopt regulations. Section 19a-4 is repealed, effective July 1, 1993.
(P.A. 77-614, S. 324, 325, 610; P.A. 93-381, S. 38, 39.)
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Transferred to Chapter 319j, Secs. 17a-674 to 17a-676, inclusive.
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Transferred to Chapter 319j, Sec. 17a-712.
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Transferred to Chapter 319j, Sec. 17a-673.
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Transferred to Chapter 319j, Secs. 17a-710 and 17a-711.
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Transferred to Chapter 319j, Sec. 17a-713.
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There shall be, within the Department of Public Health, an Office of Injury Prevention, whose purpose shall be to coordinate and expand prevention and control activities related to intentional and unintentional injuries. The duties of said office shall include, but are not limited to, the following: (1) To serve as a data coordinator and analysis source of mortality and injury statistics for other state agencies; (2) to integrate an injury and violence prevention focus within the Department of Public Health; (3) to develop collaborative relationships with other state agencies and private and community organizations to establish programs promoting injury prevention, awareness and education to reduce automobile, motorcycle and bicycle injuries and interpersonal violence, including homicide, child abuse, youth violence, domestic violence, sexual assault and elderly abuse; (4) to support the development of comprehensive community-based injury and violence prevention initiatives within cities and towns of the state; and (5) to develop sources of funding to establish and continue programs to promote prevention of intentional and unintentional injuries.
(P.A. 93-269, S. 1, 4; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-269 effective July 1, 1993 (Revisor's note: Pursuant to P.A. 93-381 and P.A. 93-435 department of health services was changed editorially by the Revisors to department of public health and addiction services); 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.
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(a) There is established, within the Department of Public Health, an Office of Multicultural Health. The responsibility of the office is to improve the health of all Connecticut residents by eliminating differences in disease, disability and death rates among ethnic, racial and cultural populations.
(b) The department may apply for, accept and expend such funds as may be available from federal, state or other sources and may enter into contracts to carry out the responsibilities of the office.
(c) The office shall:
(1) With regard to health status: (A) Monitor the health status of African Americans; Latinos/Hispanics; Native Americans/Alaskan Natives; and Asians, Native Hawaiians and other Pacific Islanders; (B) compare the results of the health status monitoring with the health status of non-Hispanic Caucasians/whites; and (C) assess the effectiveness of state programs in eliminating differences in health status;
(2) Assess the health education and health resource needs of ethnic, racial and cultural populations listed in subdivision (1) of this subsection; and
(3) Maintain a directory of, and assist in development and promotion of, multicultural and multiethnic health resources in Connecticut.
(d) The office may:
(1) Provide grants for culturally appropriate health education demonstration projects and may apply for, accept and expend public and private funding for such projects; and
(2) Recommend policies, procedures, activities and resource allocations to improve health among racial, ethnic and cultural populations in Connecticut.
(e) The Commissioner of Public Health shall submit an annual report concerning the activities of the office to the Governor, the General Assembly, the Permanent Commission on the Status of Women established under section 46a-1, the Latino and Puerto Rican Affairs Commission established under section 2-120, the Indian Affairs Council established under section 47-59b and the Connecticut African-American Affairs Commission. The office shall also hold community workshops and use other means to disseminate its findings state-wide.
(P.A. 98-250, S. 8, 39.)
History: P.A. 98-250 effective July 1, 1998.
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(a) There is established an Advisory Commission on Multicultural Health. The mission of the advisory commission shall be the elimination of disparities in health status among the state's cultural and ethnic communities and the overall improvement of the health of state residents. The advisory commission shall consist of:
(1) One member appointed by the president pro tempore of the Senate, who shall be a member of an affiliate of the National Urban League, Inc.;
(2) One member appointed by the speaker of the House of Representatives, who shall be a representative of the National Association for the Advancement of Colored People;
(3) One member appointed by the majority leader of the House of Representatives, who shall be a member of the Black and Puerto Rican Caucus of the General Assembly;
(4) One member appointed by the minority leader of the Senate, who shall be a representative of an advocacy group for Native Americans;
(5) One member appointed by the minority leader of the House of Representatives, who shall be a representative of an advocacy group for Asian-Americans;
(6) One member appointed by the majority leader of the Senate, who shall be a representative of an advocacy group for Hispanics;
(7) The chairperson of the Connecticut African-American Affairs Commission;
(8) The chairperson of the Latino and Puerto Rican Affairs Commission;
(9) The chairperson of the Statewide Multicultural Health Steering Committee;
(10) The chairperson of the Permanent Commission on the Status of Women, or the chairperson's designee; and
(11) Eight members of the public, representing diverse multicultural and multiethnic backgrounds, two of whom shall be appointed by the president pro tempore of the Senate, two of whom shall be appointed by the speaker of the House of Representatives, two of whom shall be appointed by the minority leader of the Senate, and two of whom shall be appointed by the minority leader of the House of Representatives.
(b) All initial appointments to the advisory commission shall be made not later than November 1, 2000. The term of each appointed member of the advisory commission shall be coterminous with the term of the appointing authority or until a successor is chosen, whichever is later. During the period commencing on the date that all initial appointments to the advisory commission are made and ending on October 31, 2001, the chairperson of the Statewide Multicultural Health Steering Committee shall serve as chairperson of the advisory commission. On and after November 1, 2001, the Commissioner of Public Health shall appoint a chairperson of the advisory commission.
(c) The advisory commission shall meet quarterly and shall: (1) Advise the Commissioner of Public Health and the director of the Office of Multicultural Health within the Department of Public Health concerning the preparation and implementation of reports and strategic plans and the coordination of issues and policies related to the functions of the Office of Multicultural Health under section 19a-4j; (2) advise the Commissioner of Public Health on the development of a multicultural health promotion plan and monitor the implementation of such plan; and (3) make recommendations to the commissioner and the joint standing committee of the General Assembly having cognizance of matters relating to public health concerning multicultural health issues, policies and programs.
(d) The Office of Multicultural Health within the Department of Public Health shall provide support to the advisory commission within available appropriations.
(P.A. 00-216, S. 11, 28; June Sp. Sess. P.A. 00-1, S. 14, 46.)
History: P.A. 00-216 effective July 1, 2000; June Sp. Sess. P.A. 00-1 amended Subsec. (a) to delete member of the Black and Puerto Rican Caucus of the General Assembly and substitute member of an affiliate of the National Urban League in Subdiv. (1), to insert new Subdiv. (3) re appointment of member of the Black and Puerto Rican Caucus of the General Assembly, renumbering former Subdivs. (3) to (10), inclusive, as Subdivs. (4) to (11), and to delete Governor and substitute majority leader of the Senate in renumbered Subdiv. (6), effective July 1, 2000.
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Section 19a-5 is repealed, effective July 1, 1993.
(1949, Rev., S. 3801; 1959, P.A. 148, S. 4; 1971, P.A. 282; 1972, P.A. 108, S. 4; P.A. 73-616, S. 14; P.A. 76-436, S. 374, 681; P.A. 77-614, S. 323, 342, 610; P.A. 85-149; 85-155; P.A. 88-362, S. 16; June Sp. Sess. P.A. 91-11, S. 12, 25; P.A. 93-49, S. 1, 3; 93-381, S. 38, 39.)
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Transferred to Chapter 319j, Secs. 17a-677 and 17a-678.
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Transferred to Chapter 319i, Sec. 17a-465a.
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Sec. 19a-6. (Formerly Sec. 19-4a). Commissioner to plan and administer programs for control and treatment of lung disease and chronic illness and for medical rehabilitation. (a) The commissioner shall be responsible for planning state-wide programs for the control and treatment of lung diseases; the treatment of persons affected with other chronic illness, and the medical rehabilitation of chronically ill, physically disabled and handicapped persons. The commissioner shall provide and maintain facilities and personnel for the diagnosis or detection and treatment of such diseases or enter into contracts for the provision of diagnostic and treatment programs for such diseases with persons or organizations capable in his judgment of providing such services.
(b) The commissioner shall be responsible for the administration of the department's programs as they relate to lung disease, other chronic illness and medical rehabilitation. He shall be responsible for the administration and operation of the chronic disease hospitals of the Department of Public Health. As used in this chapter, "chronic illness" means conditions which require prolonged definitive hospital or restorative care as distinguished from diseases or conditions which may be properly cared for in convalescent, custodial or domiciliary facilities; "chronic disease hospital" means a hospital operated by the Department of Public Health; and "medical rehabilitation" means specific medical therapies directed toward the reduction of the effect of disability resulting from a chronic disease.
(1959, P.A. 148, S. 11, 12; 1972, P.A. 113, S. 3; P.A. 76-139, S. 2; P.A. 77-614, S. 323, 343, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1972 act replaced office of tuberculosis control, hospital care and rehabilitation with office of public health and replaced provisions re appointment and qualifications of deputy commissioner of the former office with statement of duties of deputy commissioner for public health; P.A. 76-139 replaced references to tuberculosis with more general phrase "lung disease", deleted provision specifically applicable to tuberculosis program with general statement of duty to maintain programs for lung diseases and removed provision excluding hospitals for the mentally retarded from consideration as "chronic disease hospitals"; P.A. 77-614 transferred responsibilities of office and deputy commissioner of public health and of council on tuberculosis control, hospital care and rehabilitation to commissioner and replaced commissioner and department of health with commissioner and department of health services, effective January 1, 1979; Sec. 19-4a transferred to Sec. 19a-6 in 1983; P.A. 93-381 replaced department of health services with department 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.
See chapter 368g re lung disease, tuberculosis and other chronic illness.
Annotation to former section 19-4a:
Former statute cited. 138 C. 139.
Annotations to present section:
Cited. 33 CA 673, 692.
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The Commissioner of Public Health shall implement using existing structures, state-wide informational outreach programs on chronic fatigue and immune dysfunction syndrome. The programs shall include medical and patient education programs and public awareness campaigns.
(P.A. 93-211, S. 1; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 12, 21, 58.)
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. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
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Sec. 19a-6b. Commissioner to allow assisted living services in congregate housing pilot program. The Commissioner of Public Health shall allow state-funded congregate facilities to provide assisted living services pursuant to section 8-119n.
(June 18 Sp. Sess. P.A. 97-2, S. 153, 165.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997.
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(a) The Commissioner of Public Health shall allow state-funded congregate housing facilities to provide assisted living services through licensed assisted living services agencies, as defined in section 19a-490.
(b) In order to facilitate the development of assisted living services in state-funded congregate housing facilities, the Commissioner of Public Health may waive any provision of the regulations for assisted living services agencies, as defined in section 19a- 490, which provide services in state-funded congregate housing facilities. No waiver of such regulations shall be made if the commissioner determines that the waiver would: (1) Endanger the life, safety or health of any resident receiving assisted living services in a state-funded congregate housing facility; (2) impact the quality or provision of services provided to a resident in a state-funded congregate housing facility; (3) revise or eliminate the requirements for an assisted living services agency's quality assurance program; (4) revise or eliminate the requirements for an assisted living services agency's grievance and appeals process; or (5) revise or eliminate the assisted living services agency's requirements relative to a client's bill of rights and responsibilities. The commissioner, upon the granting of a waiver of any provision of such regulations, may impose conditions which assure the health, safety and welfare of residents receiving assisted living services in a state-funded congregate housing facility. The commissioner may revoke such a waiver upon a finding (A) that the health, safety or welfare of any such resident is jeopardized, or (B) that such facility has failed to comply with such conditions as the commissioner may impose pursuant to this subsection.
(c) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section. Said commissioner may implement the waiver of provisions as specified in subsection (b) of this section until January 1, 2002, while in the process of adopting criteria for the waiver process in regulation form, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days after implementation.
(June Sp. Sess. P.A. 00-2, S. 8.)
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The Commissioner of Public Health and the Commissioner of Mental Health and Addiction Services shall, within available appropriations, develop a Tobacco Abuse Reduction and Health Plan and shall submit such plan to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies, not later than April 1, 2001. The plan shall consider and recommend actions to (1) reduce tobacco and substance abuse, and (2) address the unmet physical and mental health needs of the state, taking into account the most recent version of the state health plan prepared by the Department of Public Health pursuant to section 19a-7.
(P.A. 00-216, S. 16, 28.)
History: P.A. 00-216 effective June 1, 2000.
See Sec. 4-28f re Tobacco and Health Trust Fund.
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The Department of Public Health shall establish a registry of data on traumatic brain injury patients. Each hospital, as defined in section 19a-490, shall make available to the registry such data concerning each traumatic brain injury patient admitted to such hospital as the Commissioner of Public Health shall require by regulations adopted in accordance with chapter 54. The data contained in such registry may be used by the department and authorized researchers as specified in such regulations, provided no personally identifiable information concerning any such traumatic brain injury patient may be disclosed by the registry without the written consent of such patient or a person authorized by law to consent on behalf of such patient. The data contained in the registry shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200. The commissioner may enter into a contract with a nonprofit association in this state concerned with the prevention and treatment of brain injuries to provide for the implementation and administration of the registry established pursuant to this section.
(P.A. 01-90, S. 2.)
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Sec. 19a-7. (Formerly Sec. 19-3a). Public health planning. State health plan. Access to certain health care data. Regulations. (a) The Department of Public Health shall be the lead agency for public health planning and shall assist communities in the development of collaborative health planning activities which address public health issues on a regional basis or which respond to public health needs having state-wide significance. The department shall prepare a multiyear state health plan which will provide an assessment of the health of Connecticut's population and the availability of health facilities. The plan shall include: (1) Policy recommendations regarding allocation of resources; (2) public health priorities; (3) quantitative goals and objectives with respect to the appropriate supply, distribution and organization of public health resources; and (4) evaluation of the implications of new technology for the organization, delivery and equitable distribution of services. In the development of the plan the department shall consider the recommendations of any advisory bodies which may be established by the commissioner.
(b) For the purposes of establishing a state health plan as required by subsection (a) of this section and consistent with state and federal law on patient records, the department is entitled to access hospital discharge data, emergency room and ambulatory surgery encounter data, data on home health care agency client encounters and services, data from community health centers on client encounters and services and all data collected or compiled by the Office of Health Care Access pursuant to section 19a-613.
(c) The Commissioner of Public Health shall adopt regulations in accordance with the provisions of chapter 54 to assure the confidentiality of personal data and patient- identifiable data collected or compiled pursuant to this section.
(P.A. 75-562, S. 7, 8; P.A. 77-614, S. 323, 610; P.A. 78-109, S. 4—6; P.A. 80-66; P.A. 84-163; P.A. 87-420, S. 1, 14; P.A. 93-381, S. 3, 39; P.A. 95-257, S. 12, 21, 25, 58; P.A. 98-87, S. 1; June Sp. Sess. P.A. 98-1, S. 86, 121; June Sp. Sess. P.A. 99-2, S. 33.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 78-109 restated Subsec. (d) and added Subsec. (g) re regulations; P.A. 80-66 removed limit on nominations submitted by health systems agencies but provided that the number be at least twice the number of representatives allotted to the agency in Subsec. (a), changed proportion of direct providers of health care from one-third to one- half and added provision re representatives of consumers of health care in Subsec. (c), specified that veterans' representative be nonvoting member in Subsec. (d), transferred primary responsibility for chairman selection from council to governor in Subsec. (e), added provision re assistance provided council by department in Subsec. (f) and changed reference to federal act; Sec. 19-3a transferred to Sec. 19a-7 in 1983; P.A. 84-163 added Subsec. (h) concerning the council's duty to annually submit a health status update, submit recommendations for legislation and review the governor's recommended block grant allocations; P.A. 87-420 deleted Subsecs. (b) through (h), deleted references to the state-wide health coordinating council and restated Subsec. (a) re the designation of the department of health services as the lead agency for public health planning; P.A. 93- 381 replaced commissioner and department of health services with commissioner and department of public health and addiction services, amended Subsec. (a) to add provisions re multiyear state health plan and added Subsec. (b) re developing and implementing comprehensive plan for prevention and treatment of alcohol and drug abuse problems, effective July 1, 1993; P.A. 95-257 replaced Department of Public Health and Addiction Services with Department of Public Health and deleted former Subsec. (b) re developing and implementing comprehensive plan for prevention and treatment of alcohol and drug problems, effective July 1, 1995; P.A. 98-87 made existing language Subsec. (a) and added Subsec. (b) granting department access to Office of Health Care Access data and Subsec. (c) requiring regulations on confidentiality; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (b) re the correct name of the Office of Health Care Access; June Sp. Sess. P.A. 99-2 amended Subsec. (b) by deleting reference to Office of Health Care Access regulations.
See Sec. 19a-630 for applicable definitions.
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Sec. 19a-7a. State goal to assure the availability of appropriate health care to all state residents. The General Assembly declares that it shall be the goal of the state to assure the availability of appropriate health care to all Connecticut residents, regardless of their ability to pay. In achieving this goal, the state shall work to create the means to assure access to a single standard of care for all residents of Connecticut, on an equitable financing basis and with effective cost controls. In meeting the objective of such access, the state shall ensure that mechanisms are adopted to assure that care is provided in a cost effective and efficient manner.
(P.A. 90-134, S. 1, 28.)
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(a) There is established a Health Care Access Commission, within the legislative department, which shall be comprised of: (1) The Commissioner of Public Health; (2) the Commissioner of Social Services; (3) the Insurance Commissioner; (4) the Commissioner of Health Care Access; (5) three members appointed by the president pro tempore of the Senate, one of whom shall be a member of the joint standing committee of the General Assembly having cognizance of matters relating to public health, one of whom shall represent community health centers and one of whom shall represent mental health services; (6) two members appointed by the majority leader of the Senate, one of whom shall represent commercial insurance companies and one of whom shall represent the disabled; (7) three members appointed by the minority leader of the Senate, one of whom shall be a member of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, one of whom shall represent Blue Cross and Blue Shield of Connecticut, Inc. and one of whom shall represent small business; (8) three members appointed by the speaker of the House of Representatives, one of whom shall be a member of the joint standing committee of the General Assembly having cognizance of matters relating to human services, one of whom shall represent consumers and one of whom shall represent labor; (9) two members appointed by the majority leader of the House of Representatives, one of whom shall represent large business and one of whom shall represent children; and (10) three members appointed by the minority leader of the House of Representatives, one of whom shall be a member of the joint standing committee of the General Assembly having cognizance of matters relating to insurance, one of whom shall represent hospitals and one of whom shall be a pediatric primary care physician. All members of the commission may be represented by designees.
(b) The commission shall develop the design, administrative, actuarial and financing details of program initiatives necessary to attain the goal described in section 19a- 7a. The commission shall study the experience of the state under the programs and policies developed pursuant to sections 12-201, 12-211, 12-212a, 17b-277, 17b-282 to 17b-284, inclusive, 17b-611, 19a-7a to 19a-7d, inclusive, subsection (a) of 19a-59b, subsection (b) of section 38a-552, subsection (d) of section 38a-556 and sections 38a- 564 to 38a-573, inclusive, and shall make interim reports to the General Assembly on its findings by January 15, 1991, and by February 1, 1992, and a final report on such findings by February 1, 1993. The commission shall make recommendations to the General Assembly on any legislation necessary to further the attainment of the goal described in section 19a-7a.
(c) The commission may request from all state agencies such information and assistance as it may require.
(d) The commission may accept any gifts, donations or bequests for any of the purposes of this section and for the achievement of the goal described in section 19a-7a.
(P.A. 90-134, S. 2, 28; June Sp. Sess. P.A. 91-11, S. 16, 25; P.A. 93-262, S. 55, 87; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 39, 58; P.A. 96-227, S. 16; June Sp. Sess. P.A. 98-1, S. 16, 121; P.A. 01-195, S. 137, 181.)
History: June Sp. Sess. P.A. 91-11 added an interim report due February 1, 1992, and extended the due date of the final report to February 1, 1993; P.A. 93-262 amended Subsec. (a) to replace reference to commissioners of income maintenance and human resources with commissioner of social services, effective July 1, 1993; P.A. 93-381 replaced commissioner of health services with 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 and replaced Commission on Hospitals and Health Care with Office of Health Care Access, effective July 1, 1995 (Revisor's note: A reference to "Commissioner of Insurance" was changed editorially by the Revisors to "Insurance Commissioner" for consistency with customary statutory usage); P.A. 96-227 amended Subsec. (b) to correct the citation to Sec. 38a-556; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (a), effective June 24, 1998; P.A. 01-195 amended Subsec. (a) to insert Subdiv. designators, make technical changes and substitute "the Commissioner of Health Care Access" for "the chairman of the Office of Health Care Access", effective July 11, 2001.
See Sec. 19a-490a for definition of "community health center".
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Sec. 19a-7c. Subsidized nongroup health insurance product for pregnant women. (a) The Commissioner of Public Health, in consultation with the Department of Social Services, may contract, within available appropriations, to provide a subsidized nongroup health insurance product for pregnant women who are not eligible for Medicaid and have incomes under two hundred fifty per cent of the federal poverty level. The product shall be available to such pregnant women (1) for whom employer-based insurance is not available or (2) who have employer-based insurance (A) to cover the cost of the premiums, copayments and deductibles of the employer-based plan provided the cost of the employer-based plan is less than the nongroup product and (B) to provide coverage for benefits not covered by the employer-based plan which are covered under the subsidized nongroup product. The Department of Public Health may make such product available to limited populations, as pilot programs, initially to test the impact of program design and administration. The Department of Social Services shall assist in the administration of the programs. The contract may include, but not be limited to, provisions for coinsurance and copayment and a sliding scale based on income for premiums and shall provide for the use of mechanisms to control costs.
(b) The contract for pregnant women shall include coverage for: (1) Physician visits for diagnosis and treatment; (2) prenatal and postnatal care; and (3) outpatient hospital care; and may include coverage for: (A) Labor and delivery; (B) laboratory and diagnostic tests; (C) prescription drugs; (D) physical therapy; (E) mental health and substance abuse visits; and (F) inpatient care, including mental health and substance abuse treatment, subject to eighty per cent coinsurance on the first two thousand five hundred dollars of expenses.
(c) The commissioner shall establish an outreach program to ensure that eligible persons are aware of the health insurance available pursuant to this section.
(d) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, for purposes of this section.
(P.A. 90-134, S. 7, 28; June Sp. Sess. 91-11, S. 17, 25; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-205, S. 1, 2; 95-257, S. 12, 21, 58; P.A. 96-187, S. 1, 2; June 18 Sp. Sess. P.A. 97-2, S. 90, 165; P.A. 98-8, S. 4, 5.)
History: June Sp. Sess. P.A. 91-11 amended Subsec. (a) to require consultation with the department of income maintenance to contract for health insurance and to permit the department to offer products as pilot programs, amended Subsec. (b) and added Subsec. (c) to list separate specifications for a children's insurance product and a pregnant woman's product, and made technical changes; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, 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. 95-205 amended Subsec. (a) to require extension of the program to currently enrolled children up to age seventeen, effective July 1, 1995; 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. 96-187 amended Subsec. (a) to specify that eligibility applied to children enrolled as of December 31, 1994, effective May 31, 1996; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) to make a technical change, effective July 1, 1997; P.A. 98-8 eliminated all references throughout the section to the provision of a subsidized nongroup health insurance product for children under eighteen years of age who are not eligible for medical assistance and whose families have incomes under two hundred per cent of the federal poverty level and relettered the remaining Subsecs. accordingly, effective April 7, 1998.
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(a) The Commissioner of Public Health may establish, within available appropriations, a program to provide three- year grants to community-based providers of primary care services in order to expand access to health care for the uninsured. The grants may be awarded to community-based providers of primary care for (1) funding for direct services, (2) recruitment and retention of primary care clinicians and registered nurses through subsidizing of salaries or through a loan repayment program, and (3) capital expenditures. The community-based providers of primary care under the direct service program shall provide, or arrange access to, primary and preventive services, referrals to specialty services, including rehabilitative and mental health services, inpatient care, prescription drugs, basic diagnostic laboratory services, health education and outreach to alert people to the availability of services. Primary care clinicians and registered nurses participating in the state loan repayment program or receiving subsidies shall provide services to the uninsured based on a sliding fee schedule, provide free care if necessary, accept Medicare assignment and participate as a Medicaid provider. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish eligibility criteria, services to be provided by participants, the sliding fee schedule, reporting requirements and the loan repayment program. For the purposes of this section, "primary care clinicians" includes family practice physicians, general practice osteopaths, obstetricians and gynecologists, internal medicine physicians, pediatricians, dentists, certified nurse midwives, advanced practice registered nurses, physician assistants and dental hygienists.
(b) Funds appropriated for the state loan repayment program shall not lapse until fifteen months following the end of the fiscal year for which such funds were appropriated.
(P.A. 90-134, S. 10, 28; P.A. 91-274; P.A. 93-381, S. 9, 39; P.A. 95-203, S. 1, 2; 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 01-4, S. 46.)
History: P.A. 91-274 clarified that grants may be used for direct services, recruitment and retention of primary care clinicians and capital expenditures, defined "primary care clinician" and imposed specific requirements on participants to provide free care if necessary, accept Medicare assignment and participate as a Medicaid provider; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-203 added Subsec. (b) re nonlapse of funds, effective July 1, 1995; 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; June Sp. Sess. P.A. 01-4 amended Subsec. (a) by adding provisions re registered nurses and dental hygienists and changing "nurse practitioners" to "advanced practice registered nurses".
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The Department of Public Health and the Office of Health Care Access, in consultation with the Department of Social Services, shall establish a three-year demonstration program to improve access to health care for uninsured pregnant women under two hundred fifty per cent of the poverty level. Services to be covered by the program shall include, but not be limited to, the professional services of obstetricians, dental care providers, physician assistants or midwives on the staff of the sponsoring hospital and community-based providers; services of pediatricians for purposes of assistance in delivery and postnatal care; dietary counseling; dental care; substance abuse counseling, and other ancillary services which may include substance abuse treatment and mental health services, as required by the patient's condition, history or circumstances; necessary pharmaceutical and other durable medical equipment during the prenatal period; postnatal care, as well as preventative and primary care for children up to age six in families in the eligible income level. The program shall encourage the acquisition, sponsorship and extension of existing outreach activities and the activities of mobile, satellite and other outreach units. The Commissioner of Public Health, in consultation with the chairman of the Office of Health Care Access or his designee, shall issue a request for proposals to Connecticut hospitals. Such request shall require: (1) An interactive relationship between the hospital, community health centers, community-based providers and the healthy start program; (2) provisions for case management; (3) provisions for financial eligibility screening, referrals and enrollment assistance where appropriate to the medical assistance program, the healthy start program or private insurance; and (4) provisions for a formal liaison function between hospitals, community health centers and other health care providers. The Office of Health Care Access is authorized, through the hospital rate setting process, to fund specific additions to fiscal years 1992 to 1994, inclusive, budgets for hospitals chosen for participation in the program. In requesting additions to their budgets, each hospital shall address specific program elements including adjustments to the hospital's expense base, as well as adjustments to its revenues, in a manner which will produce income sufficient to offset the adjustment in expenses. The office shall insure that the network of hospital providers will serve the greatest number of people, while not exceeding a state-wide cost increase of three million dollars per year. Hospitals participating in the program shall report monthly to the Departments of Public Health and Social Services or their designees and annually to the joint standing committees of the General Assembly having cognizance of matters relating to public health and human services such information as the departments and the committees deem necessary.
(June Sp. Sess. P.A. 91-11, S. 18, 25; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 39, 58.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, 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 and replaced Commission on Hospitals and Health Care with Office of Health Care Access, effective July 1, 1995.
See Sec. 19a-490a for definition of "community health center".
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The standard of care for immunization for the children of this state shall be the recommended schedule for active immunization for normal infants and children published by the committee on infectious diseases of the American Academy of Pediatrics or the schedule published by the National Immunization Practices Advisory Committee, as determined by the Commissioner of Public Health. The commissioner shall establish, within available appropriations, an immunization program which shall: (1) Provide vaccine at no cost to health care providers in Connecticut to administer to children so that cost of vaccine will not be a barrier to age-appropriate vaccination in this state; (2) with the assistance of hospital maternity programs, provide all parents in this state with the recommended immunization schedule for normal infants and children, a booklet to record immunizations at the time of the infant's discharge from the hospital nursery and a list of sites where immunization may be provided; (3) inform in a timely manner all health care providers of changes in the recommended immunization schedule; (4) assist hospitals, local health providers and local health departments to develop and implement record-keeping and outreach programs to identify and immunize those children who have fallen behind the recommended immunization schedule or who lack access to regular preventative health care and have the authority to gather such data as may be needed to evaluate such efforts; (5) assist in the development of a program to assess the vaccination status of children who are clients of state and federal programs serving the health and welfare of children and make provision for vaccination of those who are behind the recommended immunization schedule; (6) access available state and federal funds including, but not limited to, any funds available through the federal Childhood Immunization Reauthorization or any funds available through the Medicaid program; (7) solicit, receive and expend funds from any public or private source; and (8) develop and make available to parents and health care providers public health educational materials about the benefits of timely immunization.
(P.A. 91-327, S. 1, 8; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 18 Sp. Sess. P.A. 97-8, S. 23, 88.)
History: P.A. 93-381 replaced commissioner of health services with 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; June 18 Sp. Sess. P.A. 97-8 added reference to state funds in Subdiv. (6), added new Subdiv. (7) re soliciting funds and redesignated existing Subdiv. (7) as Subdiv. (8), effective July 1, 1997.
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There is established a Childhood Immunization Advisory Council consisting of the Commissioners of Public Health, Education and Social Services or their designees; a representative of the Commission on Children; a representative of the American Academy of Pediatrics, to be appointed by the president pro tempore of the Senate; a representative of the Association of Primary Health Care Providers, to be appointed by the minority leader of the Senate; a representative of the Legal Aid Society, to be appointed by the speaker of the House of Representatives; and a public member who is a parent of a child who is eligible for Medicaid or uninsured, to be appointed by the minority leader of the House of Representatives. The chairperson and the vice-chairperson of the council shall be elected by the full membership of the council and shall serve for a term of one year. The council shall meet at least twice a year. Council members shall serve without compensation. The council shall advise the Department of Public Health on the development, implementation, monitoring and evaluation of the universal childhood immunization program established pursuant to section 19a-7f.
(P.A. 91-327, S. 2, 8; P.A. 93-262, S. 56, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-262 replaced commissioners of income maintenance and human resources with commissioner of social services, 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.
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(a) The Commissioner of Public Health or his designee may, within the limitations of available resources, establish and maintain for the purpose of assuring timely childhood immunization an ongoing registry of all children who have not begun the first grade of school including all newborns. The registry shall include such information as is necessary to accurately identify a child and to assess current immunization status.
(b) For purposes of this section, "health care provider" means a person who has direct or supervisory responsibility for the delivery of immunization including licensed physicians, nurse practitioners, nurse midwives, physician assistants and nurses. Each health care provider who has provided health care to a child listed in the registry shall report to the commissioner or his designee sufficient information to identify the child and the name and date of each vaccine dose given to that child or when appropriate, contraindications or exemptions to administration of each vaccine dose. Reports shall be made by such means determined by the commissioner to result in timely reporting. Each health care provider intending to administer vaccines to any child listed on the registry and each parent or guardian of such child shall be provided current information as contained in the registry on the immunization status of the child for the purposes of determining whether additional doses of recommended routine childhood immunizations are needed, or to officially document immunization status to meet state day care or school immunization entry requirements pursuant to sections 10-204a, 19a-79 and 19a-87b and regulations adopted thereunder. Each director of health of any town, city or health district shall be provided with sufficient information on the children who live in his jurisdiction and who are listed on the registry to enable determination of which children are overdue for scheduled immunizations and to enable provision of outreach to assist in getting each such child vaccinated.
(c) Except as specified in subsections (a) and (b) of this section, all personal information including vaccination status and dates of vaccination of individuals shall be confidential pursuant to section 19a-25 and shall not be further disclosed without the authorization of the child or the child's legal guardian. After consultation with the state Childhood Immunization Advisory Council established under section 19a-7g, the commissioner shall adopt regulations, pursuant to chapter 54, to specify how information on vaccinations or exemptions from vaccination will be reported in a timely manner to the registry, how information on the registry will be made available to health care providers, parents or guardians, and directors of health, how parents or guardians may decline their child's enrollment in the registry, and to otherwise implement the provisions of this section.
(P.A. 94-90, S. 1; P.A. 95-257, S. 12, 21, 58; P.A. 98-252, S. 35, 80.)
History: 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. 98-252 made a technical change in Subsec. (b), effective July 1, 1998.
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Sec. 19a-7i. Extension of coverage under the maternal and child health block grant. Within available appropriations, the Commissioner of Public Health shall extend coverage under Title V of the Social Security Act for families up to three hundred per cent of the federal poverty level to cover underinsured children with family incomes between two hundred per cent and three hundred per cent of the federal poverty level. If allowed by federal regulations, such expansion may be included for reimbursement under Title XXI of the Social Security Act.
(October 29 Sp. Sess. P.A. 97-1, S. 21, 23.)
History: Oct. 29 Sp. Sess. P.A. 97-1 effective October 30, 1997.
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Reserved for future use.
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Section 19a-7k is repealed, effective October 1, 1999.
(P.A. 97-239; P.A. 99-197, S. 3.)
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Not less than one-third of the members of each board and commission identified in subsection (b) of section 19a-14 shall be public members. As used in this section and in the sections listed in said subsection, "public member" means an elector of the state who has no substantial financial interest in, is not employed in or by, and is not professionally affiliated with, any industry, profession, occupation, trade or institution regulated or licensed by the board or commission to which he or she is appointed, and who has had no professional affiliation with any such industry, profession, occupation, trade or institution for three years preceding his appointment to the board or commission.
(P.A. 77-614, S. 346, 610; P.A. 82-472, S. 58, 183.)
History: P.A. 82-472 substituted reference to Sec. 19-4o (19a-14) for obsolete reference to Sec. 19-4b; Sec. 19-4i transferred to Sec. 19a-8 in 1983.
Cited. 211 C. 508, 509, 527, 539.
Cited. 22 CA 181, 185, 187.
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Sec. 19a-9. (Formerly Sec. 19-4j). Boards and commissions within the department: Regulations re hearings, proceedings and subjects within the jurisdiction of such boards and commissioners. (a) The Commissioner of Public Health shall adopt uniform rules of procedure, consistent with chapter 54, for hearings and other proceedings to be conducted by the boards and commissions identified in subsection (b) of section 19a-14, and for the giving of notice to persons affected by such proceedings.
(b) The Commissioner of Public Health may, where authorized by statute, adopt rules and regulations regarding any subject within the jurisdiction of a board or commission.
(c) Any rules and regulations adopted pursuant to this section shall be adopted as provided in chapter 54. No regulation shall be adopted pursuant to this section until the appropriate board has had reasonable opportunity to review the proposed regulation and to offer comments thereon.
(P.A. 77-614, S. 331, 610; P.A. 81-472, S. 128, 159; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 81-472 substituted reference to Sec. 19-4o for reference to Sec. 19-4b in Subsec. (a); Sec. 19-4j transferred to Sec. 19a-9 in 1983; P.A. 93-381 replaced commissioner of health services with 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.
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The boards and commissions listed in subsection (b) of section 19a-14 may conduct hearings on any matter within their statutory jurisdiction. Such hearings shall be conducted in accordance with chapter 54 and the regulations established by the Commissioner of Public Health. In connection with any such hearing, any member of a board or commission, upon being designated by the board or commission, 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.
(P.A. 77-614, S. 328, 610; P.A. 81-472, S. 129, 159; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 81-472 substituted reference to Sec. 19-4o for reference to Sec. 19-4b; Sec. 19-4k transferred to Sec. 19a- 10 in 1983; P.A. 93-381 replaced commissioner of health services with 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.
Cited. 207 C. 346, 358. Cited. Id., 674, 679. Cited. 208 C. 492, 498. Cited. 223 C. 618, 631. Cited. 231 C. 391, 406.
Cited. 4 CA 307, 309.
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Any board or commission listed in subsection (b) of section 19a-14 may, in its discretion, issue an appropriate order to any person found to be violating an applicable statute or regulation, providing for the immediate discontinuance of the violation. The board or commission may, through the Attorney General, petition the superior court for the judicial district wherein the violation occurred, or wherein the person committing the violation resides or transacts business, for the enforcement of any order issued by it and for appropriate temporary relief or a restraining order. Such board or commission shall certify and file in such court a trans