Bill Text: CT HB06549 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Department Of Public Health's Oversight Responsibilities Relating To Scope Of Practice Determinations For Health Care Professions.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2011-07-13 - Signed by the Governor [HB06549 Detail]
Download: Connecticut-2011-HB06549-Comm_Sub.html
General Assembly |
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January Session, 2011 |
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AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S OVERSIGHT RESPONSIBILITIES RELATING TO SCOPE OF PRACTICE DETERMINATIONS FOR HEALTH CARE PROFESSIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2011) (a) Except as provided in subsection (f) of this section, any person or entity, acting on behalf of a health care profession that seeks to advance legislation that would result in a statutory change to such profession's scope of practice or the enactment of new statutory provisions setting forth the scope of practice, shall submit a written scope of practice request to the Department of Public Health not later than August fifteenth of the year preceding the commencement of the next regular session of the General Assembly.
(b) Any written scope of practice request submitted to the Department of Public Health shall include the following information:
(1) A plain language description of the request;
(2) Public health and safety benefits that the requestor believes will be achieved should the request be implemented and, if applicable, a description of any harms to public health and safety should the request not be implemented;
(3) The impact that the request will have on public access to health care;
(4) A summary of state or federal laws that govern the health care profession making the request;
(5) The state's current regulatory oversight of the health care profession making the request;
(6) All current education and training requirements applicable to the health care profession making the request;
(7) All scope of practice changes either requested or enacted concerning the health care profession in the five-year period preceding the date of the request;
(8) The number and types of substantiated professional disciplinary actions brought against the health care profession in the five-year period preceding the date of the request;
(9) The anticipated economic impact to the health care professions affected by the request and the economic impact to the general public;
(10) Regional and national trends concerning licensure of the health care profession making the request and a summary of relevant scope of practice provisions enacted in other states; and
(11) Identification of any health care professions that can reasonably be anticipated to oppose the request, the possible nature of opposition to the request and efforts made by the requestor to secure support for the request from other health care professions, including identification of areas of agreement between any affected health care professions.
(c) In any year in which a request is received pursuant to this section, not later than September fifteenth of the year preceding the commencement of the next regular session of the General Assembly, the Department of Public Health shall: (1) Provide written notification to the joint standing committee of the General Assembly having cognizance of matters relating to public health of any health care profession that has submitted a scope of practice request to the department pursuant to this section; and (2) post any such request on the department's web site and such posting shall include the name and address of the requestor.
(d) Any person or entity, acting on behalf of a health care profession that opposes a scope of practice request submitted pursuant to this section may submit to the department a written statement in opposition to the scope of practice request not later than October first of the year preceding the next regular session of the General Assembly. Any such person or entity opposing a scope of practice request shall indicate the reasons for opposing the request taking into consideration the criteria set forth in subsection (b) of this section and shall provide a copy of the written statement in opposition to the scope of practice request to the requestor. Not later than October fifteenth of such year, the requestor shall submit a written response to the department and any person or entity that has provided a written statement of opposition to the scope of practice request. The requestor's written response shall include a description of areas of agreement and disagreement between the respective health care professions.
(e) Except as provided in subsection (f) of this section, any health care profession that fails to comply with the provisions of this section in making a scope of practice request shall be prohibited from seeking legislative action on the scope of practice request until such time as the health care profession is in full compliance with the provisions of this section.
(f) Notwithstanding the provisions of this section, the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to public health may consider and act upon a legislative proposal involving a health care profession's scope of practice, without recourse to the processes described in this section, when such chairpersons determine: (1) Exigent circumstances necessitate an immediate legislative response to the scope of practice request, (2) there is no dispute among health care professions concerning the scope of practice request, or (3) any outstanding issues concerning the scope of practice request can be resolved through the legislative process.
Sec. 2. (NEW) (Effective July 1, 2011) (a) On or before November first of the year preceding the commencement of the next regular session of the General Assembly, the Commissioner of Public Health shall establish and appoint members to a scope of practice review committee for each timely scope of practice request submitted to the department pursuant to section 1 of this act. Committees established pursuant to this section shall consist of the following members: (1) One member representing the health care profession making the scope of practice request, provided if a state professional board or commission exists under subsection (b) of section 19a-14 of the general statutes for the health care profession making the request, the member shall be selected from such board or commission. If no such board or commission exists, the commissioner, when selecting a committee member, may consult with any professional association representing the health care profession making the request; (2) in the event that one or more persons or entities, acting on behalf of health care professions, have submitted a written statement pursuant to subsection (d) of section 1 of this act opposing the scope of practice request, the commissioner shall appoint not more than three members to represent such health care professions, provided (A) if a state professional board or commission exists under subsection (b) of section 19a-14 of the general statutes for any of the professions opposing the request, the members shall be selected from such board or commission; (B) if no such board or commission exists, the commissioner, when selecting a committee member, may consult with any professional association representing a health care profession opposing the request; and (C) no health care profession opposing a scope of practice request may have more than one person appointed to represent such profession on the committee; (3) two health care professionals licensed in this state who have no personal or professional interest in the scope of practice request; (4) a member of the general public who has no personal or professional interest in the scope of practice request; and (5) the Commissioner of Public Health or the commissioner's designee, who shall serve as an ex-officio, nonvoting member of the committee. Prior to appointing any member of the committee pursuant to subdivision (3) or (4) of this subsection, the Commissioner of Public Health shall consult with the proponent of the scope of practice request and the opponent or opponents of such request. The committee shall select its chairperson from among the members appointed pursuant to subdivision (3) or (4) of this subsection. Any person appointed to serve on a committee pursuant to subdivision (3) or (4) of this subsection shall only serve on one committee during any three-year period. Any physician appointed to the committee pursuant to this subsection shall be licensed in accordance with the provisions of chapter 370 of the general statutes and in active practice. Members of such committee shall serve without compensation.
(b) Any committee established pursuant to this section shall review and evaluate the scope of practice request, subsequent written responses to the request and any other information the committee deems relevant to the scope of practice request. The committee, when carrying out the duties prescribed in this section, may seek input on the scope of practice request from the Department of Public Health and such other entities as the committee determines necessary in order to complete its written assessment and recommendations as described in subsection (c) of this section.
(c) The committee, upon concluding its review and evaluation of the scope of practice request, shall provide a written assessment of the scope of practice request and, if applicable, suggested legislative recommendations concerning the request to the joint standing committee of the General Assembly having cognizance of matters relating to public health. The committee shall provide the written assessment and any legislative recommendations to said joint standing committee not later than the February first following the date of the committee's establishment. The committee shall terminate on the date that it submits its written assessment and any legislative recommendations to said joint standing committee.
Sec. 3. (NEW) (Effective July 1, 2011) On or before September 1, 2014, the Commissioner of Public Health shall evaluate the processes implemented pursuant to sections 1 and 2 of this act and thereafter report to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a of the general statutes, on the effectiveness of such processes in addressing scope of practice requests.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2011 |
New section |
Sec. 2 |
July 1, 2011 |
New section |
Sec. 3 |
July 1, 2011 |
New section |
PH |
Joint Favorable Subst. |
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APP |
Joint Favorable |