General Assembly |
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January Session, 2015 |
LCO No. 5789 | ||
*05789HB05528PH_* | |||
Referred to Committee on PUBLIC HEALTH |
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Introduced by: |
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(PH) |
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AN ACT CONCERNING THE PROVISION OF BEHAVIORAL HEALTH SERVICES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2015) (a) There is established a behavioral health professional incentive program to be administered by the Department of Public Health.
(b) Such program shall provide a grant to any person (1) who is a (A) psychiatrist licensed under chapter 370 of the general statutes, (B) psychologist licensed under chapter 383 of the general statutes, who holds a doctorate degree, (C) licensed clinical social worker or licensed master social worker licensed under chapter 383b of the general statutes, (D) advanced practice registered nurse licensed under chapter 378 of the general statutes, who provides psychiatric services, (E) marital and family therapist licensed under chapter 383a of the general statutes, or (F) professional counselor licensed under chapter 383c of the general statutes; (2) whose patients consist of not less than (A) fifty per cent children, adolescents or families, (B) twenty-five per cent Medicaid recipients, and (C) twenty-five per cent who use health insurance to pay for services; (3) who is not participating in the United States Department of Health and Human Services' National Health Service Corps program; and (4) who practices in any of the counties or municipalities in Connecticut designated as health professional shortage areas by the United States Department of Health and Human Services' Health Resources and Services Administration.
(c) A person who is a psychiatrist and receives a grant under this section shall be eligible for reimbursement of educational loans up to a maximum of seventy-five thousand dollars. Any person other than a psychiatrist who receives a grant under this section shall be eligible for reimbursement of educational loans up to a maximum of fifty thousand dollars. The department shall distribute such grants over a five-year period and the amount shall increase each year during the five-year period.
Sec. 2. (Effective July 1, 2015) (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate two million dollars.
(b) The proceeds of the sale of such bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Public Health for the purpose of the behavioral health professional incentive program established pursuant to section 1 of this act.
(c) All provisions of section 3-20 of the general statutes, or the exercise of any right or power granted thereby, that are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section. Temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with section 3-20 of the general statutes and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of such bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization that is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Such bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on such bonds as the same become due, and accordingly and as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.
Sec. 3. (NEW) (Effective July 1, 2015) (a) The Department of Public Health shall establish a behavioral health grant program for the purpose of assisting local and regional boards of education with employing or contracting for the services of a licensed clinical social worker or a licensed master social worker, licensed under chapter 383b of the general statutes, or a psychologist, licensed under chapter 383 of the general statutes. To be eligible for a grant under the program, the local or regional board of education shall be located in a Connecticut health professional shortage area designated by the United States Department of Health and Human Services' Health Resources and Services Administration and shall partner with one or more other such boards in applying for such grant. The commissioner shall award grants to fund up to five full-time social worker or psychologist positions for a two-year period.
(b) The Commissioner of Public Health shall solicit grant applications from local and regional boards of education located in the health professional shortage areas, which shall be submitted annually to the commissioner at such time and on such forms as the commissioner prescribes. Applications shall be submitted jointly by two or more boards of education. In determining whether the boards of education submitting applications shall be granted funds pursuant to this section, the commissioner shall consider the following factors: (1) The local or regional boards of education's ratio of school psychologists or social workers to students; and (2) evidence of the need for behavioral health services by children and adolescents in the local communities served by the boards of education.
(c) If the commissioner finds that any board of education uses a grant received under this section for purposes other than those which are in conformity with the purposes of this section, the commissioner may require repayment of such grant to the state.
Sec. 4. Section 17a-20a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) Not later than January 1, 2014, the Commissioner of Children and Families shall establish and implement, in consultation with the Commissioner of Mental Health and Addiction Services, a regional behavioral health consultation and care coordination program for primary care providers who serve children and young adults up to age twenty-five. Such program shall provide to such primary care providers: (1) Timely access to a consultation team that includes a child psychiatrist, social worker and a care coordinator; (2) patient care coordination and transitional services for behavioral health care; and (3) training and education concerning patient access to behavioral health services. [Said commissioner] The Commissioner of Children and Families may enter into a contract for services to administer such program.
(b) Not later than October 1, 2013, [said commissioner] the Commissioner of Children and Families shall submit a plan, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to public health, children, human services and appropriations concerning the program to be established pursuant to subsection (a) of this section.
(c) The Commissioner of Children and Families may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
Sec. 5. (NEW) (Effective July 1, 2015) The Commissioner of Public Health shall, in consultation with the Commissioners of Children and Families and Mental Health and Addiction Services, annually publish an informational notice for providers of behavioral health services concerning the communication of health care information to other providers of behavioral health and other health care services to ensure a continuity of health care services and compliance with state and federal laws to protect patient privacy. Such informational notice shall be posted on the Internet web sites of the Department of Mental Health and Addiction Services, the Department of Children and Families and the Department of Public Health. The Commissioner of Mental Health and Addiction Services shall also distribute such informational notices to providers of mental health services by facsimile or electronic mail.
Sec. 6. (Effective from passage) (a) The Commissioner of Public Health, in consultation with the Commissioner of Education, shall study the potential advantages of licensing board certified behavior analysts, as defined in section 20-185i of the general statutes, and assistant behavior analysts, who are credentialed by the Behavior Analyst Certification Board. Said commissioners shall also study the inclusion of board certified behavior analysts and assistant behavior analysts in school special education planning and placement teams, as described in section 10-76d of the general statutes.
(b) Not later than October 1, 2015, the Commissioner of Public Health shall report, in accordance with the provisions of section 11-4a of the general statutes, concerning the results of such study to the joint standing committees of the General Assembly having cognizance of matters relating to public health and education. Such report shall include, but need not be limited to, recommendations concerning: (1) Any new licensure or certification categories relating to behavioral analysis; (2) inclusion of board certified behavior analysts or assistant behavior analysts on special education planning placement teams; and (3) incentives for persons to enter the field of behavior analysis.
Sec. 7. (NEW) (Effective July 1, 2015) (a) There is established within the Department of Public Health a grant program to provide funds to local and regional boards of education and school-based health centers for the purchase of telemedicine equipment and software. A board of education or school-based health center eligible for a grant under the program shall (1) enter into an agreement with one or more: (A) Psychiatrists, licensed under chapter 370 of the general statutes; (B) licensed clinical social workers or licensed master social workers, licensed under chapter 383b of the general statutes; (C) psychologists, licensed under chapter 383 of the general statutes; or (D) another person licensed to provide behavioral health services approved by the Commissioner of Public Health, who are trained and experienced in the use of telemedicine, to provide behavioral health services through the use of telemedicine equipment to students in the school district, and (2) meet any data reporting requirements established by the Commissioner of Public Health.
(b) The Commissioner of Public Health, in consultation with the Commissioners of Education and Children and Families, shall establish a streamlined application process for the grant program. Any board of education or school-based health center meeting the eligibility criteria in subsection (a) of this section may apply to said program. The Commissioner of Public Health may establish reporting requirements for boards of education and school-based health centers receiving grants under the program.
Sec. 8. (NEW) (Effective July 1, 2015) (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate two hundred fifty thousand dollars.
(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Public Health for the purpose of providing grants under the program established in section 7 of this act.
(c) All provisions of section 3-20 of the general statutes, or the exercise of any right or power granted thereby that are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 of the general statutes and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due.
Sec. 9. (NEW) (Effective July 1, 2015) Not later than January 1, 2016, and annually thereafter, the Commissioner of Public Health shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, appropriations, public health and education. Such report shall include, but need not be limited to, (1) the number of local and regional boards of education that applied for a grant under the program described in section 7 of this act, (2) the number of boards of education that received a grant under such program, and (3) the amount of each such grant.
Sec. 10. (NEW) (Effective January 1, 2016) As used in this section and sections 11 to 16, inclusive, of this act:
(1) "Behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavior stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between the environment and behavior, to produce socially significant improvement in human behavior but does not include: (A) Psychological testing, (B) neuropsychology, (C) cognitive therapy, (D) sex therapy, (E) psychoanalysis, (F) hypnotherapy, (G) cognitive behavioral therapy, (H) psychotherapy, or (I) long-term counseling as treatment modalities;
(2) "Behavior analyst" means a person who is licensed to practice behavior analysis under the provisions of sections 11 to 15, inclusive, of this act;
(3) "Assistant behavior analyst" means a person who is licensed to assist in the practice of behavior analysis under the supervision of, or in consultation with, a behavior analyst; and
(4) "Behavior Analyst Certification Board" has the same meaning as defined in section 20-185i of the general statutes, or a successor of said board.
Sec. 11. (NEW) (Effective January 1, 2016) (a) No person may practice behavior analysis or assist in the practice of behavior analysis unless licensed pursuant to sections 12 and 13 of this act.
(b) No person may use the title "behavior analyst", "assistant behavior analyst" or make use of any title, words, letters or abbreviations that may reasonably be confused with licensure as a behavior analyst or assistant behavior analyst unless such person is licensed pursuant to sections 12 or 13 of this act.
(c) The provisions of this section shall not apply to a person who (1) provides behavior analysis or assists in the practice of behavior analysis while acting within the scope of practice of the person's license and training, provided the person does not hold himself or herself out to the public as a behavior analyst or assistant behavior analyst, (2) is a student enrolled in a behavior analysis educational program accredited by the Behavior Analyst Certification Board, or a graduate education program in which behavior analysis is an integral part of the student's course of study and such student is performing such behavior analysis or assisting in behavior analysis under the direct supervision of a licensed behavior analyst, or (3) is an instructor in a course approved by the Behavior Analyst Certification Board.
Sec. 12. (NEW) (Effective January 1, 2016) (a) The Commissioner of Public Health shall grant a license as a behavior analyst to any applicant who furnishes evidence satisfactory to the commissioner that such applicant is certified as a behavior analyst by the Behavior Analyst Certification Board. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifty dollars.
(b) Licenses issued under this section may be renewed biannually. The fee for such renewal shall be one hundred seventy-five dollars. Each behavior analyst applying for license renewal shall furnish evidence satisfactory to the commissioner of having current certification with the Behavior Analyst Certification Board.
Sec. 13. (NEW) (Effective January 1, 2016) (a) The Commissioner of Public Health shall grant a license as an assistant behavior analyst to any applicant who furnishes evidence satisfactory to the commissioner that such applicant is certified as an assistant behavior analyst by the Behavior Analyst Certification Board. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifty dollars.
(b) Licenses issued under this section may be renewed biannually. The fee for such renewal shall be one hundred seventy-five dollars. Each assistant behavior analyst applying for license renewal shall furnish evidence satisfactory to the commissioner of having current certification with the Behavior Analyst Certification Board.
Sec. 14. (NEW) (Effective January 1, 2016) (a) Except as provided in subsection (b) of this section, an applicant for a license as a behavior analyst or assistant behavior analyst shall submit evidence satisfactory to the Commissioner of Public Health of having earned a certification as a behavior analyst or assistant behavior analyst from the Behavior Analyst Certification Board.
(b) An applicant for licensure by endorsement shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as a behavior analyst or assistant behavior analyst, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction that has requirements for practicing in such capacity that are substantially similar to, or higher than, those of this state and that there are no disciplinary actions or unresolved complaints pending.
Sec. 15. (NEW) (Effective January 1, 2016) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against a behavior analyst or assistant behavior analyst for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice behavior analysis; (4) fraud or deceit in the practice of behavior analysis; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) wilful falsification of entries in any hospital, patient or other record pertaining to behavior analysis. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.
Sec. 16. Subsection (c) of section 19a-14 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(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) Sanitarian;
(5) Subsurface sewage system installer or cleaner;
(6) Marital and family therapist;
(7) Nurse-midwife;
(8) Licensed clinical social worker;
(9) Respiratory care practitioner;
(10) Asbestos contractor and asbestos consultant;
(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;
(20) Acupuncturist;
(21) Occupational therapist and occupational therapist assistant;
(22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and 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; [and]
(31) Tattoo technician;
(32) Behavior analyst; and
(33) Assistant behavior analyst.
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.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2015 |
New section |
Sec. 2 |
July 1, 2015 |
New section |
Sec. 3 |
July 1, 2015 |
New section |
Sec. 4 |
July 1, 2015 |
17a-20a |
Sec. 5 |
July 1, 2015 |
New section |
Sec. 6 |
from passage |
New section |
Sec. 7 |
July 1, 2015 |
New section |
Sec. 8 |
July 1, 2015 |
New section |
Sec. 9 |
July 1, 2015 |
New section |
Sec. 10 |
January 1, 2016 |
New section |
Sec. 11 |
January 1, 2016 |
New section |
Sec. 12 |
January 1, 2016 |
New section |
Sec. 13 |
January 1, 2016 |
New section |
Sec. 14 |
January 1, 2016 |
New section |
Sec. 15 |
January 1, 2016 |
New section |
Sec. 16 |
January 1, 2016 |
19a-14(c) |
Statement of Purpose:
To make changes to the general statutes regarding the provision of behavioral health services.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
REP. CONROY, 105th Dist.; REP. SAYERS, 60th Dist. REP. COOK, 65th Dist.; REP. JOHNSON, 49th Dist. REP. STANSKY, 119th Dist. |