Bill Text: CT HB05150 | 2018 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Department Of Public Health's Recommendations Regarding Revisions To The General Statutes Concerning Municipal Health Authorities And District Departments Of Health.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-04-18 - Referred by House to Committee on Planning and Development [HB05150 Detail]
Download: Connecticut-2018-HB05150-Comm_Sub.html
General Assembly |
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February Session, 2018 |
*_____HB05150PH____032218____* |
AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING REVISIONS TO THE GENERAL STATUTES CONCERNING MUNICIPAL HEALTH AUTHORITIES AND DISTRICT DEPARTMENTS OF HEALTH.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 19a-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) The mayor of each city, [the warden of each borough, and] the chief executive officer of each town and the warden of each borough shall, unless the charter of such city, town or borough otherwise provides, nominate some person to be director of health for such city, town or borough, which nomination shall be confirmed or rejected by the Commissioner of Public Health and the board of selectmen, if there be such a board, otherwise by the legislative body of such city or town or by the burgesses of such borough within thirty days thereafter. Notwithstanding the charter provisions of any city, town or borough with respect to the qualifications of the director of health, on and after [October 1, 2010] July 1, 2018, any person nominated to be a director of health shall (1) [be a licensed physician and hold a degree in public health from an accredited school, college, university or institution, or (2)] (A) hold the degree of doctor of medicine or doctor of osteopathy from a medical school located in the United States or Canada accredited by the Liaison Committee on Medical Education or of a medical education program accredited by the American Osteopathic Association, or (B) be a graduate of a medical school located outside the United States or Canada and have received the degree of doctor of medicine, osteopathic medicine or its equivalent and satisfy the educational requirements specified in regulations adopted pursuant to chapter 370; (2) (A) (i) hold a graduate degree in nursing or in a related field recognized for certification as either a nurse practitioner, clinical nurse specialist or nurse anesthetist by a national certifying body identified in subdivision (2) of subsection (a) of section 20-94a, or (ii) on or before December 31, 2004, completed an advanced nurse practitioner program that a national certifying body identified in said subdivision recognized for certification of a nurse practitioner, clinical nurse specialist or nurse anesthetist, and (B) hold and maintain current certification as a nurse practitioner, clinical nurse specialist or nurse anesthetist from one of the national certifying bodies identified in said subsection; or (3) hold a graduate degree in public health from an accredited [school, college or] institution of higher education accredited to grant such degree by a regional accrediting agency recognized by the United States Department of Education. The educational requirements of this section shall not apply to any director of health nominated or otherwise appointed as director of health prior to [October 1, 2010] July 1, 2018. In cities, towns or boroughs with a population of forty thousand or more, [for five consecutive years, according to the estimated population figures authorized pursuant to subsection (b) of section 8-159a,] such director of health shall serve in a full-time capacity, except where a town has designated such director as the chief medical advisor for its public schools under section 10-205, and shall not, during such director's term of office, have any financial interest in or engage in any employment, transaction or professional activity that is in substantial conflict with the proper discharge of the duties required of directors of health by the general statutes or the [Public Health Code] regulations of Connecticut state agencies or specified by the appointing authority of the city, town or borough in its written agreement with such director. Such director of health shall have and exercise within the limits of the city, town or borough for which such director is appointed all powers necessary for enforcing the general statutes, provisions of the [Public Health Code] regulations of Connecticut state agencies relating to the preservation and improvement of the public health and preventing the spread of diseases therein. In case of the absence or inability to act of a city, town or borough director of health or if a vacancy exists in the office of such director, the appointing authority of such city, town or borough may, with the approval of the Commissioner of Public Health, designate in writing a [suitable] person who meets the qualifications of a director of health under this section, or such other qualifications as may be approved by the commissioner, to serve as acting director of health during the period of such absence or inability or vacancy, provided the commissioner may appoint such acting director if the city, town or borough fails to do so. The person so designated, when sworn, shall have all the powers and be subject to all the duties of such director. In case of vacancy in the office of such director, if such vacancy exists for thirty days, said commissioner may appoint a director of health for such city, town or borough. Said commissioner, may, for cause, remove an officer the commissioner or any predecessor in said office has appointed, and the common council of such city, town or the burgesses of such borough may, respectively, for cause, remove a director whose nomination has been confirmed by them, provided such removal shall be approved by said commissioner; and, within two days thereafter, notice in writing of such action shall be given by the clerk of such city, town or borough, as the case may be, to said commissioner, who shall, within ten days after receipt, file with the clerk from whom the notice was received, approval or disapproval. [Each such director of health shall hold office for the term of four years from the date of appointment and until a successor is nominated and confirmed in accordance with this section.] Each director of health shall, annually, at the end of the fiscal year of the city, town or borough, file with the Department of Public Health a report [of] on the [doings as such director] provision of a basic health program pursuant to section 19a-207a by the city, town or borough for the year preceding.
(b) On and after July 1, 1988, each [municipality] city, town and borough shall provide for the services of a sanitarian certified under chapter 395 to work under the direction of the local director of health. Where practical, the local director of health may act as the sanitarian.
(c) As used in this chapter, "authorized agent" means a sanitarian certified under chapter 395 and any individual certified for a specific program of environmental health by the Commissioner of Public Health in accordance with the Public Health Code.
Sec. 2. Section 19a-242 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) The board shall, after approval of the Commissioner of Public Health, appoint some discreet person, possessing the qualifications specified in section 19a-244, as amended by this act, to be director of health for such district, and if [he] the director of health is not selected within sixty days from the formation of any such district, or if a vacancy in said office continues to exist for sixty days, such director shall then be appointed by said commissioner. The board, with the approval of the Commissioner of Public Health, may appoint a person to serve as the acting director of health during such time as the director of health is absent or a vacancy exists, provided such acting director shall meet the qualifications for directors of health in section 19a-244, as amended by this act, or such other qualifications as may be approved by said commissioner. Upon the appointment of a director of health under the provisions of this section, the terms of office of the directors of health of the towns, cities or boroughs forming such district shall terminate.
(b) Such director of health may be removed whenever a majority of the [directors] board of such health district [find] finds that such director of health is guilty of misconduct, material neglect of duty or incompetence in the conduct of [his] such director's office.
(c) On and after July 1, 1988, each district health department shall provide for the services of a sanitarian [certified] licensed under chapter 395 to work under the direction of the district director of health. Where practical, the district director of health may act as the sanitarian.
(d) As used in this chapter, "authorized agent" means a sanitarian [certified] licensed under chapter 395 and any individual certified for a specific program of environmental health by the Commissioner of Public Health in accordance with the [Public Health Code] general statutes and regulations of Connecticut state agencies.
Sec. 3. Subsection (a) of section 19a-243 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Each board may make and adopt reasonable rules and regulations for the promotion of general health within the district not in conflict with law or with the [Public Health Code] general statutes or regulations of Connecticut state agencies. The powers of each district shall include but not be limited to the following enumerated powers: (1) To sue and be sued; (2) to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the health district; (3) to make and from time to time amend and repeal bylaws, rules and regulations; (4) to acquire real estate; (5) to provide for the financing of the programs, projects or other functions of the district in the manner described in subsection (b) of this section; [and] (6) to join an existing health district; and (7) to have such other powers as are necessary to properly carry out its powers as an independent entity of government.
Sec. 4. Section 19a-244 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
On and after [October 1, 2010] July 1, 2018, any person nominated to be the director of health shall (1) [be a licensed physician and hold a degree in public health from an accredited school, college, university or institution, or (2)] (A) hold the degree of doctor of medicine or doctor of osteopathy from a medical school located in the United States or Canada accredited by the Liaison Committee on Medical Education or of a medical education program accredited by the American Osteopathic Association, or (B) be a graduate of a medical school located outside the United States or Canada and have received the degree of doctor of medicine, osteopathic medicine or its equivalent and satisfy the educational requirements specified in regulations adopted pursuant to chapter 370; (2) (A) (i) hold a graduate degree in nursing or in a related field recognized for certification as either a nurse practitioner, clinical nurse specialist or nurse anesthetist by a national certifying body identified in subdivision (2) of subsection (a) of section 20-94a, or (ii) on or before December 31, 2004, completed an advanced nurse practitioner program that a national certifying body identified in said subdivision recognized for certification of a nurse practitioner, clinical nurse specialist or nurse anesthetist, and (B) hold and maintain current certification as a nurse practitioner, clinical nurse specialist or nurse anesthetist from one of the national certifying bodies identified in said subsection; or (3) hold a graduate degree in public health from an accredited [school, college or] institution of higher education accredited to grant such degree by a regional accrediting agency recognized by the United States Department of Education. The educational requirements of this section shall not apply to any director of health nominated or otherwise appointed as director of health prior to [October 1, 2010] July 1, 2018. The board may specify in a written agreement with such director the term of office, [which shall not exceed three years,] salary and duties required of and responsibilities assigned to such director in addition to those required by the general statutes or the [Public Health Code] regulations of Connecticut state agencies, if any. Such director shall be removed during the term of such written agreement only for cause after a public hearing by the board on charges preferred, of which reasonable notice shall have been given. No director shall, during such director's term of office, have any financial interest in or engage in any employment, transaction or professional activity that is in substantial conflict with the proper discharge of the duties required of directors of health by the general statutes or the [Public Health Code] regulations of Connecticut state agencies or specified by the board in its written agreement with such director. Such director shall serve in a full-time capacity and act as secretary and treasurer of the board, without the right to vote. Such director shall give to the district a bond with a surety company authorized to transact business in the state, for the faithful performance of such director's duties as treasurer, in such sum and upon such conditions as the board requires. Such director shall be the executive officer of the district department of health. Full-time employees of a city, town or borough health department at the time such city, town or borough votes to form or join a district department of health shall become employees of such district department of health. Such employees may retain their rights and benefits in the pension system of the town, city or borough by which they were employed and shall continue to retain their active participating membership therein until retired. Such employees shall pay into such pension system the contributions required of them for their class and membership. Any additional employees to be hired by the district or any vacancies to be filled shall be filled in accordance with the rules and regulations of the merit system of the state of Connecticut and the employees who are employees of cities, towns or boroughs which have adopted a local civil service or merit system shall be included in their comparable grade with fully attained seniority in the state merit system. Such employees shall perform such duties as are prescribed by the director of health. In the event of the withdrawal of a town, city or borough from the district department, or in the event of a dissolution of any district department, the employees thereof, originally employed therein, shall automatically become employees of the appropriate town, city or borough's board of health. Each director of health shall, annually, at the end of the fiscal year of the district department of health, file with the Department of Public Health a report on the provision of a basic health program pursuant to section 19a-207a by the district department of health.
Sec. 5. Subsection (a) of section 19a-246 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Any constituent town, city or borough may, by vote passed prior to January first in any year, withdraw from the district, such withdrawal to become effective on the first day of July following, provided such city, town or borough shall have been a member of the district for at least [twenty-four] thirty-six months prior to such vote of withdrawal. A city, town or borough on withdrawal shall [at once] (1) hire a full-time director of health, (2) provide a basic health program pursuant to section 19a-207a, and (3) immediately resume such status with respect to the appointment of its director of health, employees and board of health as it held prior to becoming a member of the district as provided in section 19a-244, as amended by this act. Employees shall not lose any benefits or civil services status as a result of the withdrawal from the district.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2018 |
19a-200 |
Sec. 2 |
July 1, 2018 |
19a-242 |
Sec. 3 |
July 1, 2018 |
19a-243(a) |
Sec. 4 |
July 1, 2018 |
19a-244 |
Sec. 5 |
July 1, 2018 |
19a-246(a) |
PH |
Joint Favorable Subst. |