AN ACT CONCERNING THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES' RECOMMENDATIONS REGARDING ACCESS TO OPIOID OVERDOSE REVERSAL MEDICATION AND VARIOUS REVISIONS TO MENTAL HEALTH AND ADDICTION STATUTES.

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Public Act No. 26-38

AN ACT CONCERNING THE DEPARTMENT OF MENTAL HEALTH
AND ADDICTION SERVICES' RECOMMENDATIONS REGARDING
ACCESS TO OPIOID OVERDOSE REVERSAL MEDICATION AND
VARIOUS REVISIONS TO MENTAL HEALTH AND ADDICTION
STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subsections (c) to (g), inclusive, of section 10 -212a of the
2026 supplement to the general statutes are repealed and the following
is substituted in lieu thereof (Effective July 1, 2026):
(c) The State Board of Education, in consultation with the
Commissioner of Public Health, shall adopt regulations, in accordance
with the provisions of chapter 54, determined to be necessary by the
board to carry out the provisions of this section, including, but not
limited to, regulations that (1) specify conditions under which a coach
of intramural and interscholastic athletics may administer medicinal
preparations, including controlled drugs specified in the regulations
adopted by the commissioner, to a child participating in such intramural
and interscholastic athletics, (2) specify conditions and procedures for
the administration of medication by school personnel to students,
including, but not limited to, (A) the conditions and procedures for the
storage and administration of epinephrine by school personnel to
students for the purpose of emergency first aid to students who
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experience allergic reactions and who do not have a prior written
authorization for the administration of epinephrine, in accordance with
the provisions of subdivision (2) of subsection (d) of this section, and (B)
the conditions and procedures for the sto rage and administration of
opioid antagonists by school personnel to students who experience an
opioid-related drug overdose , [and who do not have a prior written
authorization for the administration of an opioid antagonist, ] in
accordance with the provisi ons of subdivision (1) of subsection (g) of
this section, and (3) specify conditions for the possession, self -
administration or possession and self -administration of medication by
students, including permitting a child diagnosed with: (A) Asthma to
retain possession of an asthmatic inhaler at all times while attending
school for prompt treatment of the child's asthma and to protect the
child against serious harm or death provided a written authorization for
self-administration of medication signed by the ch ild's parent or
guardian and an authorized prescriber is submitted to the school nurse;
and (B) an allergic condition to retain possession of an automatic
prefilled cartridge injector or similar automatic injectable equipment at
all times, including while attending school or receiving school
transportation services, for prompt treatment of the child's allergic
condition and to protect the child against serious harm or death
provided a written authorization for self -administration of medication
signed by the child's parent or guardian and an authorized prescriber is
submitted to the school nurse. The regulations shall require
authorization pursuant to: (i) The written order of a physician licensed
to practice medicine in this or another state, a dentist licensed to practice
dental medicine in this or another state, an advanced practice registered
nurse licensed under chapter 378, a physician assistant licensed under
chapter 370, a podiatrist licensed under chapter 375, or an optometrist
licensed under chapter 380; and (ii) the written authorization of a parent
or guardian of such child.
(d) (1) (A) With the written authorization of a student's parent or
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guardian, and (B) pursuant to the written order of a qualified medical
professional, a school nurse and a school medical advisor, if any, may
jointly approve and provide general supervision to an identified
paraeducator to administer medication, including, but not limited to,
medication administered with a cartridge injector, to a specific student
with a medically diagnosed allergic condition that may require prompt
treatment in order to protect the student against serious harm or death.
Each such paraeducator and any qualified school employee authorized
to administer epinephrine in the absence of a school nurse pursuant to
policies and procedures adopted by a board of education in accordance
with subdivision (2) of subsection (a) of this section shall annua lly
complete the training program described in section 10-212g.
(2) A school nurse or, in the absence of a school nurse, a qualified
school employee shall maintain epinephrine for the purpose of
emergency first aid to students who experience allergic reactions and do
not have a prior written authorization of a parent or guardian or a prior
written order of a qualified medical professional for the administration
of epinephrine. A school nurse or a school principal shall select qualified
school employees to administer such epinephrine under this
subdivision, and there sha ll be at least one such qualified school
employee on the grounds of the school during regular school hours in
the absence of a school nurse. A school nurse or, in the absence of such
school nurse, such qualified school employee may administer such
epinephrine under this subdivision, provided such administration of
epinephrine is in accordance with policies and procedures adopted
pursuant to subsection (a) of this section. Such administration of
epinephrine by a qualified school employee shall be limited to situations
when the school nurse is absent or unavailable. No qualified school
employee shall administer such epinephrine under this subdivision
unless such qualified school employee annually completes the training
program described in section 10 -212g. The parent or guardian of a
student may submit, in writing, to the school nurse and school medical
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advisor, if any, that epinephrine shall not be administered to such
student under this subdivision.
(3) In the case of a student with a medically diagnosed life -
threatening allergic condition, (A) with the written authorization of
such student's parent or guardian, and (B) pursuant to the written order
of a qualified medical professional, such student may po ssess, self -
administer or possess and self -administer medication, including, but
not limited to, medication administered with a cartridge injector, to
protect such student against serious harm or death.
(4) For purposes of this subsection, (A) "epinephrine" means an
automatic prefilled cartridge injector or similar automatic injectable
equipment, a nasal spray or any other medical equipment approved by
the United States Food and Drug Administration that is used to deliver
epinephrine in a standard dose for emergency first aid response to
allergic reactions, (B) "qualified school employee" means a principal,
teacher, licensed athletic trainer, licensed physical or o ccupational
therapist employed by a school district, coach or paraeducator, and (C)
"qualified medical professional" means (i) a physician licensed under
chapter 370, (ii) an optometrist licensed to practice optometry under
chapter 380, (iii) an advanced p ractice registered nurse licensed to
prescribe in accordance with section 20-94a, or (iv) a physician assistant
licensed to prescribe in accordance with section 20-12d.
(e) (1) With the written authorization of a student's parent or
guardian, and (2) pursuant to a written order of the student's physician
licensed under chapter 370 or the student's advanced practice registered
nurse licensed under chapter 378, a school nurse or a school principal
shall select, and a school nurse shall provide general supervision to, a
qualified school employee to administer medication with equipment
used to administer glucagon to a student with diabetes that may require
prompt treatment in order to protect the student against serious harm
or death. Such authorization shall be limited to situations when the
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school nurse is absent or unavailable. No qualified school employee
shall administer medication under this subsection unless (A) such
qualified school employee annually completes any training required by
the school nurse and school medical advisor, if any, in the
administration of medication with equipment used to administer
glucagon, (B) the school nurse and school medical advisor, if any, have
attested, in writing, that such qualified school employee has completed
such training, and (C) such qualified sch ool employee voluntarily
agrees to serve as a qualified school employee. For purposes of this
subsection, "equipment used to administer glucagon" means an injector
or injectable equipment, nasal spray or any other medical equipment
approved by the United S tates Food and Drug Administration that is
used to deliver glucagon in an appropriate dose for emergency first aid
response to diabetes. For purposes of this subsection, "qualified school
employee" means a principal, teacher, licensed athletic trainer, licensed
physical or occupational therapist employed by a school district, coach
or paraeducator.
(f) (1) (A) With the written authorization of a student's parent or
guardian, and (B) pursuant to the written order of a physician licensed
under chapter 370 or an advanced practice registered nurse licensed
under chapter 378, a school nurse and a school medical advis or, if any,
shall select, and a school nurse shall provide general supervision to, a
qualified school employee to administer antiepileptic medication,
including by rectal syringe, to a specific student with a medically
diagnosed epileptic condition that re quires prompt treatment in
accordance with the student's individual seizure action plan. Such
authorization shall be limited to situations when the school nurse is
absent or unavailable. No qualified school employee shall administer
medication under this s ubsection unless (i) such qualified school
employee annually completes the training program described in
subdivision (2) of this subsection, (ii) the school nurse and school
medical advisor, if any, have attested, in writing, that such qualified
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school employee has completed such training, (iii) such qualified school
employee receives monthly reviews by the school nurse to confirm such
qualified school employee's competency to administer antiepileptic
medication under this subsection, and (iv) suc h qualified school
employee voluntarily agrees to serve as a qualified school employee. For
purposes of this subsection, "qualified school employee" means a
principal, teacher, licensed athletic trainer, licensed physical or
occupational therapist employed by a school district, coach or
paraeducator.
(2) The Department of Education, in consultation with the School
Nurse Advisory Council, established pursuant to section 10 -212f, and
the Association of School Nurses of Connecticut, shall develop an
antiepileptic medication administrating training program. Such training
program shall include instruction in (A) an overview of childhood
epilepsy and types of seizure disorders, (B) interpretation of individual
student's emergency seizure action plan and recognition of individual
student's seizure activity, (C ) emergency management procedures for
seizure activity, including administration techniques for emergency
seizure medication, (D) when to activate emergency medical services
and postseizure procedures and follow -up, (E) reporting procedures
after a student has required such delegated emergency seizure
medication, and (F) any other relevant issues or topics related to
emergency interventions for students who experience seizures.
(g) (1) A school nurse or [, in the absence of a school nurse,] a qualified
school employee may maintain opioid antagonists for the purpose of
[emergency first aid] administering an opioid antagonist to [students] a
student who [experience] experiences an opioid-related drug overdose.
[and do not have a prior written authorization of a parent or guardian
or a prior written order of a qualified medical professional for the
administration of such opioid antagonist. ] A school nurse or a school
principal shall select qualified school employees to administer such
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opioid antagonist under this subdivision, and there shall be at least one
such qualified school employee on the grounds of the school during
regular school hours in the absence of a school nurse. A school nurse or
[, in the absence of such school nurse, such ] qualified school employee
may administer [such] a legend opioid antagonist under this
subdivision, provided such administration of the legend opioid
antagonist is in accordance with policies and procedures adopted
pursuant to subsection (a) of this sec tion. [Such administration of an
opioid antagonist by a qualified school employee shall be limited to
situations when the school nurse is absent or unavailable. ] No school
nurse or qualified school employee shall administer [such] a legend
opioid antagonist under this subdivision unless such school nurse or
qualified school employee completes a training program in the
distribution and administration of [an] a legend opioid antagonist
developed or approved by the [Department of Education, Department
of Publi c Health and the Department of Consumer Protection ]
Departments of Education, Public Health, Consumer Protection and
Mental Health and Addiction Services , or under an agreement entered
into pursuant to section 21a -286. [The parent or guardian of a student
may submit a request, in writing, to the school nurse and school medical
advisor, if any, that an opioid antagonist shall not be administered to
such student under this subdivision ] The provisions of this subsection
shall not be construed to prevent a school nurse, qualified school
employee or any other person in a school setting from administering a
nonlegend opioid antagonist to any person at a school who experiences
an opioid -related drug overdose. Any person who administers a
nonlegend opioid antagonist to any person at a school shall not be liable
to such person or such person's parents, guardians or family members
for civil damages for any personal injuries that result from acts or
omissions arising from the administration of a no nlegend opioid
antagonist pursuant to the provisions of this subsection that may
constitute ordinary negligence. This immunity shall not apply to acts or
omissions constituting gross, wilful or wanton negligence.
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(2) [Not later than October 1, 2022, the] The Department of Education,
in consultation with the Departments of Consumer Protection , Mental
Health and Addiction Services and Public Health, shall develop
guidelines for use by local and regional boards of education on the
storage and administration of nonlegend opioid antagonists in schools
in accordance with the provisions of this subsection.
(3) For purposes of this subsection, (A) "legend opioid antagonist"
means an opioid antagonist that is required by any applicable federal or
state law to be dispensed pursuant only to a prescription or is restricted
to use by prescribing practitioners only, or means an opioid antagonist
that, und er federal law, is required to bear either of the following
legends: (i) "RX ONLY IN ACCORDANCE WITH GUIDELINES
ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC
ACT"; or (ii) "CAUTION: FEDERAL LAW RESTRICTS THIS D RUG
FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN",
(B) "opioid antagonist" means naloxone hydrochloride or any other
similarly acting and equally safe drug approved by the federal Food and
Drug Administration for the treatment of a drug overdose, [(B)] and (C)
"qualified school employee" means a principal, teacher, licensed athletic
trainer, licensed physical or occupational therapist employed by a
school district, coach or paraeducator . [, and (C) "qualified medical
professional" means (i) a physi cian licensed under chapter 370, (ii) an
optometrist licensed to practice optometry under chapter 380, (iii) an
advanced practice registered nurse licensed to prescribe in accordance
with section 20-94a, or (iv) a physician assistant licensed to prescribe in
accordance with section 20-12d.]
Sec. 2. Section 17a -714a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) For purposes of this section, (1) "opioid antagonist" means
naloxone hydrochloride or any other similarly acting and equally safe
drug approved by the federal Food and Drug Administration for the
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treatment of drug overdose , and (2) "person" has the same meaning as
provided in section 21a-240.
(b) A licensed health care professional who is permitted by law to
prescribe an opioid antagonist may prescribe or dispense an opioid
antagonist to any individual to treat or prevent a drug overdose without
being liable for damages in a civil action or subject to criminal
prosecution for prescribing or dispensing such opioid antagonist or for
any subsequent use of such opioid antagonist. A licensed health care
professional who prescribes or dispenses an opioid antagonist in
accordance with the provisions of this subsection shall be deemed not
to have violated the standard of care for such licensed health care
professional.
(c) A licensed health care professional may administer an opioid
antagonist to any person to treat or prevent an opioid -related drug
overdose. Such licensed health care professional who administers an
opioid antagonist in accordance with the provisions of this subsection
shall not be liable for damages in a civil action or subject to criminal
prosecution for administration of such opioid antagonist and shall not
be deemed to have violated the standard of care for such licensed health
care professional.
(d) (1) Any person may provide a nonlegend opioid antagonist to any
person for the purposes of treating or preventing an opioid-related drug
overdose. Any person that distributes such a nonlegend opioid
antagonist in accordance with the provisions of this subsection shall not
be liable for payments or damages in a claim or civil action or subject to
criminal prosecution for such distribution or use of such nonlegend
opioid antagonist.
(2) Any person who solely distributes a nonlegend opioid antagonist
to the public, without compensation or consideration, shall not be
required to obtain a permit pursuant to the provisions of section 20-624.
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[(d)] (e) Any person who in good faith believes that another person is
experiencing an opioid -related drug overdose may, if acting with
reasonable care, administer an opioid antagonist to such other person.
Any person, other than a licensed health care professional acting in the
ordinary course of such person's employment, who administers an
opioid antagonist in accordance with this subsection shall not be liable
for damages in a civil action or subje ct to criminal prosecution with
respect to the administration of such opioid antagonist.
[(e)] (f) Not later than October 1, 2017, each municipality shall amend
its local emergency medical services plan, as described in section 19a -
181b, to ensure that at least one emergency medical services provider,
as defined in the regulations of Connecticut state agencies pertaining to
emergency medical services, who is likely to be the first person to arrive
on the scene of a medical emergency in the municipality, including, but
not limited to, emergency medical services personnel, as defined in
section 20-206jj, or a resident state trooper, is equipped with an opioid
antagonist and such person has received training, approved by the
Commissioner of Public Health, in the administration of an opioid
antagonist.
Sec. 3. Subsection (c) of section 28 -5a of the general statutes is
repealed and the following is substituted in lieu thereof ( Effective from
passage):
(c) The Commissioner of Emergency Services and Public Protection
shall coordinate with the [Commissioner] Commissioners of Public
Health and Mental Health and Addiction Services for the deployment
of grief counselors and mental health professionals to provide mental
health services to the family members or other individuals with a close
association with any victim of a mass shooting. Such deployments shall
be made to local commun ity outreach groups in and around the
impacted geographical location and to any school or institution of
higher education where any victim or perpetrator of a mass shooting
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event was enrolled.
Sec. 4. Section 17a -470 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Each state -operated facility for the treatment of persons with
psychiatric disabilities or persons with substance use disorders, or both,
shall have an advisory board appointed by the superintendent or
director of the facility for terms to be decided by such superintendent or
director. The superintendent or director shall appoint at least two
persons with lived experience with a behavioral health disorder to the
advisory board. [In any case where the present number of members of
an advisory board is less th an the number of members designated by
the superintendent or director of the facility, the superintendent or
director shall appoint additional members to such board in accordance
with this section in such manner that the terms of an approximately
equal number of members shall expire in each odd-numbered year. The
superintendent or director shall fill any vacancy that may occur for the
unexpired portion of any term. No member shall serve more than two
successive terms plus the balance of any unexpired term t o which the
member had been appointed. ] The superintendent or director of the
facility shall be an ex -officio member of the advisory board. Each
member of an advisory board of a state -operated facility within the
Department of Mental Health and Addiction Services assigned a
geographical territory shall be a resident of the assigned geographical
territory. Members of said advisory boards shall receive no
compensation for their services but shall be reimbursed for necessary
expenses involved in the performance of their duties. [At least one-third
of such members shall be from regional behavioral health action
organizations, established pursuant to section 17a-484f, and at least one-
third shall be members of the catchment area councils, as provided in
section 17a-483, for the catchment areas served by such facility, except
that members serving as of October 1, 1977, shall serve out their terms ]
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The provisions of this section shall not apply to the Connecticut Valley
Hospital Advisory Council established pursuant to section 17a -471a or
the oversight board for Whiting Forensic Hospital established pursuant
to section 17a-565.
Sec. 5. Section 17a -471 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Any advisory board established pursuant to section 17a -470, as
amended by this act, shall: Meet with the superintendent or director of
the facility periodically to advise him on the programs and policies of
the facility; act as a liaison between its facility and the residents of the
facility's assigned geographic territory and the state of Connecticut to
inform them of the programs and policies of the facility; and issue
reports, in a form and manner prescribed by such advisory board, to the
Governor and Commissioner of Mental Health and Addiction Services
on condition s at the facility and recommendations for changes or
improvements in the facility.
Sec. 6. Subsection (a) of section 17a -476 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(a) Any general hospital, municipality or nonprofit organization in
Connecticut may apply to the Department of Mental Health and
Addiction Services for funds to establish, expand or maintain
psychiatric or mental health services. The application for funds shall be
submitted on forms provided by the Department of Mental Health and
Addiction Services, and shall be accompanied by (1) a definition of the
towns and areas to be served; (2) a plan by means of which the applicant
proposes to coordinate its activiti es with those of other local agencies
presently supplying mental health services or contributing in any way
to the mental health of the area; (3) a description of the services to be
provided, and the methods through which these services will be
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provided; and (4) indication of the methods that will be employed to
effect a balance in the use of state and local resources so as to foster local
initiative, responsibility and participation. In accordance with
subdivision (4) of section 17a-480, the regional behavioral health action
organization, established pursuant to section 17a -484f, serving the
mental health region in which the applicant is located shall review each
such application with the Department of Mental Health and Addiction
Services and make recommendations to the department with respect to
each such application.
Sec. 7. Section 17a -482 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
As used in this section, subsection (a) of section 17a-476, as amended
by this act, and sections 17a-478 to 17a -480, inclusive, as amended by
this act , [and section 17a-483,] unless the context otherwise requires:
"Catchment area" means any geographical area within the state
established as such by the Commissioner of Mental Health and
Addiction Services, the boundaries of which may be redesignated by
said commissioner when deemed necessary to equalize the population
of each area and in such manner as is consistent with the boundaries of
the municipalities therein, provided such boundaries of any catchment
area shall be entirely within the boundaries of a mental health region
established under section 17a -478, as amended by this act ; ["council"
means the catchment area council established under section 17a -483;]
"regional behavioral health action organization" means the organization
established pursuant to section 17a -484f; and "provider" means any
person who receives income from private practice or any public or
private agency which delivers mental health services.
Sec. 8. Subsection (a) of section 17a -450a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
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(a) The Department of Mental Health and Addiction Services shall
constitute a successor department to the Department of Mental Health.
Whenever the words "Commissioner of Mental Health" are used or
referred to in the following general statutes, the words "Comm issioner
of Mental Health and Addiction Services" shall be substituted in lieu
thereof and whenever the words "Department of Mental Health" are
used or referred to in the following general statutes, the words
"Department of Mental Health and Addiction Services" shall be
substituted in lieu thereof: 4 -5, 4-38c, 4-77a, 4a-12, 4a-16, 5-142, 8-206d,
10-19, 10-71, 10-76d, 17a-14, 17a-26, 17a-31, 17a-33, 17a-218, 17a-246, 17a-
450, 17a-451, 17a-453, 17a-454, 17a-455, 17a-456, 17a-457, 17a-458, 17a-
459, 17a-464, 17a-465, 17a-466, 17a-467, 17a-468, 17a-470, as amended by
this act, 17a-471, as amended by this act, 17a-472, 17a-473, 17a-474, 17a-
476, as amended by this act , 17a-478, as amended by this act , 17a-479,
17a-480, 17a-481, 17a-482, as amended by this act, [17a-483,] 17a-498, as
amended by this act, 17a-499, as amended by this act , 17a-502, 17a-506,
17a-510, 17a-511, 17a-512, 17a-513, 17a-519, as amended by this act, 17a-
528, as amended by this act, 17a-560, 17a-561, 17a-562, 17a-565, 17a-581,
17a-582, 17a -675, 17 -836a, 17b -28, 17b -59a, 17b -222, 17b -223, 17b -225,
17b-359, 17b -694, 19a -82, 19a -495, 19a -498, 19a -507a, 19a -576, 19a -583,
20-14i, 20-14j, 21a-240, 21a-301, 27-122a, 31-222, 38a-514, 51-51o, 52-146h
and 54-56d.
Sec. 9. Section 17a -478 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
The Commissioner of Mental Health and Addiction Services shall
designate mental health regions within the state. Such regions and
boundaries thereof may be redesignated by said commissioner as he
deems necessary. For the purposes of sections 17a -476, as amended by
this act, and 17a -478 to 17a -480, inclusive , as amended by this act ,
"community mental health services" means comprehensive services,
both medical and nonmedical, designed to (1) decrease the prevalence
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and incidence of psychiatric disabilities, emotional disturbance and
social disfunctioning, and (2) promote mental health in individuals,
groups and institutions and includes, but is not limited to, the following:
Outreach and case finding, inpatient treat ment, outpatient treatment,
partial hospitalization, diagnosis and screening, aftercare and
rehabilitation, education, consultation, emergency services, research,
evaluation, training and services to the courts. The Commissioner of
Mental Health and Addiction Services may enter into such contracts for
services as may be required to carry out the provisions of subsection (a)
of section 17a-476, as amended by this act , sections 17a-478 to 17a-480,
inclusive, as amended by this act , and [sections] section 17a-482, as
amended by this act. [and 17a-483.]
Sec. 10. Subsections (b) to (d), inclusive, of section 17a -495 of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective October 1, 2026):
(b) For the purposes of this section, sections 17a-450 to [17a-483] 17a-
482, inclusive, as amended by this act , 17a-496 to 17a-528, inclusive, as
amended by this act , 17a-540 to 17a -550, inclusive, and 17a -560 to 17a-
575, inclusive, the following terms shall have the following meanings:
"Business day" means Monday to Friday, inclusive, except when a legal
holiday falls on any such day; "hospital for persons with psychiatric
disabilities" means any public or private hospit al, retreat, institution,
house or place in which any person with psychiatric disabilities is
received or detained as a patient, but shall not include any correctional
institution of this state; "patient" means any person detained and taken
care of as a person with psychiatric disabilities; "keeper of a hospital for
persons with psychiatric disabilities" means any person, body of
persons or corporation which has the immediate superintendence,
management and control of a hospital for persons with psychiatric
disabilities and the patients therein; "support" includes all necessary
food, clothing and medicine and all general expenses of maintaining
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state hospitals for persons with psychiatric disabilities; "indigent
person" means any person who has an estate insufficient, in the
judgment of the Court of Probate, to provide for his or her support and
has no person or persons legally liable who are abl e to support him or
her; "dangerous to himself or herself or others" means there is a
substantial risk that physical harm will be inflicted by an individual
upon his or her own person or upon another person; "gravely disabled"
means that a person, as a res ult of mental or emotional impairment, is
in danger of serious harm as a result of an inability or failure to provide
for his or her own basic human needs such as essential food, clothing,
shelter or safety and that hospital treatment is necessary and avai lable
and that such person is mentally incapable of determining whether or
not to accept such treatment because his judgment is impaired by his
psychiatric disabilities; "respondent" means a person who is alleged to
have psychiatric disabilities and for wh om an application for
commitment to a hospital for persons with psychiatric disabilities has
been filed; "voluntary patient" means any patient sixteen years of age or
older who applies in writing to and is admitted to a hospital for persons
with psychiatric disabilities as a person with psychiatric disabilities or
any patient under sixteen years of age whose parent or legal guardian
applies in writing to such hospital for admission of such patient; and
"involuntary patient" means any patient hospitalized pu rsuant to an
order of a judge of the Probate Court after an appropriate hearing or a
patient hospitalized for emergency diagnosis, observation or treatment
upon certification of a qualified physician.
(c) For the purposes of this section and sections 17a-496 to 17a-528,
inclusive, as amended by this act , "person with psychiatric disabilities"
means any person who has a mental or emotional condition which has
substantial adverse effects on his or her ability to function and who
requires care and treatment, and specifically excludes a person who is
an alcohol-dependent person or a drug-dependent person, as defined in
section 17a-680.
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(d) For the purposes of sections 17a-453, 17a-454, 17a-456, 17a-458 to
17a-464, inclusive, 17a-466 to 17a-469, inclusive, 17a-471, as amended by
this act, 17a-474, 17a-476 to [17a-483] 17a-482, inclusive, as amended by
this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and
17a-615 to 17a -618, inclusive, "person with psychiatric disabilities"
means any person who has a mental or emotional condition which has
substantial adverse effects on his or her ability to function and who
requires care and treatment, and specifically includes a person who is
an alcohol-dependent person or a drug-dependent person, as defined in
section 17a-680.
Sec. 11. Section 17a -496 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
Any keeper of a hospital for psychiatric disabilities who wilfully
violates any of the provisions of this section, sections 17a -75 to 17a -83,
inclusive, 17a-450 to [17a-483] 17a-482, inclusive, as amended by this act,
17a-497 to 17a-528, inclusive, as amended by this act, 17a-540 to 17a-550,
inclusive, 17a -560 to 17a-575, inclusive, and 17a -615 to 17a -618,
inclusive, shall be fined not more than two hundred dollars or
imprisoned not more than one year or both.
Sec. 12. Subsection (b) of section 17a -497 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(b) Upon the motion of any respondent or his or her counsel, or the
probate judge having jurisdiction over such application, filed not later
than three days prior to any hearing scheduled on such application, the
Probate Court Administrator shall appoint a thr ee-judge court from
among the probate judges to hear such application. The judge of the
Probate Court having jurisdiction over such application under the
provisions of this section shall be a member, provided such judge may
disqualify himself in which case all three members of such court shall
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be appointed by the Probate Court Administrator. Such three -judge
court when convened shall have all the powers and duties set forth
under sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-483] 17a-482,
inclusive, as amended by this act , 17a -495 to 17a -528, inclusive , as
amended by this act , 17a-540 to 17a -550, inclusive, 17a -560 to 17a-575,
inclusive, and 17a-615 to 17a-618, inclusive, and shall be subject to all of
the provisions of law as if it were a single -judge court. No such
respondent shall be i nvoluntarily confined without the vote of at least
two of the three judges convened hereunder. The judges of such court
shall designate a chief judge from among their members. All records for
any case before the three-judge court shall be maintained in the Probate
Court having jurisdiction over the matter as if the three-judge court had
not been appointed.
Sec. 13. Subsection (g) of section 17a -498 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(g) The hospital shall notify each patient at least annually that such
patient has a right to a further hearing pursuant to this section. If the
patient requests such hearing, it shall be held by the Probate Court for
the district in which the hospital is located . Any such request shall be
immediately filed with the appropriate court by the hospital. After such
request is filed with the Probate Court, it shall proceed in the manner
provided in subsections (a), (b), (c) and (f) of this section. In addition,
the hospital shall furnish the Probate Court for the district in which the
hospital is located on a monthly basis with a list of all patients confined
in the hospital involuntarily without release for one year since the last
annual review under this section of the patient's commitment or since
the original commitment. The hospital shall include in such notification
the type of review the patient last received. If the p atient's last annual
review had a hearing, the Probate Court shall, within fifteen busines s
days thereafter, appoint an impartial physician who is a psychiatrist
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from the list provided by the Commissioner of Mental Health and
Addiction Services as set forth in subsection (c) of this section and not
connected with the hospital in which the patient is confined or related
by blood or marriage to the original applicant or to the respondent,
which physician shall see and examine each such patient within fifteen
business days after such physician's appointment and make a report
forthwith to such court of the condition of the patient on forms provided
by the Probate Court Administrator. If the Probate Court concludes that
the confinement of any such patient should be reviewed by such court
for possible release of the patient, the court, on its own motion, shall
proceed in the manner provided in subsections (a), (b), (c) and (f) of this
section, except that the examining physician shall be considered one of
the physicians required by subsection (c) of this section. If the patient's
last annual review did not result in a hearing, and in any event at least
every two years, the Probate Court shall, within fifteen business days,
proceed with a hearing in the manner provided in subsections (a), (b),
(c) and (f) of this section. All costs and expenses, including Probate
Court entry fees provided by statute, in conjunction with the annual
psychiatric review and the judicial review under this subsection, except
costs for physicians appointed pursuant to this subsection, shall be
established by, and paid from funds appropriated to, the Judicial
Department, except that if funds have not been included in the budget
of the Judicial Department for such costs and expenses, such payment
shall be made from the Probate Court Administration Fund.
Compensation of any physician appointed to conduct the annual
psychiatric review, to examine a patient for any hearing held as a result
of such annual review or for any other biennial hearing required
pursuant to sections 17a-75 to 17a-83, inclusive, 17a-450 to [17a-483] 17a-
482, inclusive, as amended by this act , 17a-495 to 17a-528, inclusive, as
amended by this act , 17a-540 to 17a -550, inclusive, 17a -560 to 17a-575,
inclusive, and 17a -615 to 17a -618, inclusive, shall be paid by the state
from funds appropriated to the Department of Mental Health and
Addiction Services in accordance with rates established by the
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Department of Mental Health and Addiction Services.
Sec. 14. Section 17a -499 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
All proceedings of the Probate Court, upon application made under
the provisions of sections 17a -75 to 17a -83, inclusive, 17a -450 to [17a-
483] 17a-482, inclusive , as amended by this act , 17a-495 to 17a -528,
inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560
to 17a-575, inclusive, and 17a -615 to 17a -618, inclusive, shall be in
writing and filed in such court, and, whenever a court passes an order
for the admission of any person to any state hospital for psychiatric
disabilities, the court shall record the order and give a certified copy of
such order and of the reports of the physicians to the person by whom
such person is to be taken to the hospital, as the warrant for such taking
and commitment, and shall also forthwith transmit a like copy to the
Commissioner of Mental Health and Addiction Services, and, in the case
of a person in the custody of the Commissioner of Correction, to the
Commissioner of Correction. Whenever a court passes an order for the
commitment of any person to any hospital for psychiatric disabilities, it
shall, within three business days, provide the Commissioner of Mental
Health and Addiction Services with access to identifying information
including, but not limited to, name, address, sex, date of birth and date
of commitment on all commitments ordered on and after June 1, 1998.
All commitment applications, orders of commitment and commitment
papers issued by any court in committing persons with ps ychiatric
disabilities to public or private hospitals for psychiatric disabilities shall
be in accordance with a form prescribed by the Probate Court
Administrator, which form shall be uniform throughout the state. State
hospitals and other hospitals for p ersons with psychiatric disabilities
shall, so far as they are able, upon reasonable request of any officer of a
court having the power of commitment, send one or more trained
attendants or nurses to attend any hearing concerning the commitment
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of any person with psychiatric disabilities and any such attendant or
nurse, when present, shall be designated by the court as the authority to
serve commitment process issued under the provisions of sections 17a -
75 to 17a -83, inclusive, 17a -450 to [17a-483] 17a-482, inclusive , as
amended by this act , 17a-495 to 17a-528, inclusive, as amended by this
act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-
615 to 17a-618, inclusive.
Sec. 15. Subsection (a) of section 17a -500 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(a) Each court of probate shall keep a record of the cases relating to
persons with psychiatric disabilities coming before it under sections
17a-75 to 17a -83, inclusive, 17a -450 to [17a-483] 17a-482, inclusive , as
amended by this act , 17a-495 to 17a-528, inclusive, as amended by this
act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-
615 to 17a-618, inclusive, and the disposition of them. It shall also keep
on file the original application and certificate of physicians required by
said s ections, or a microfilm duplicate of such records in accordance
with regulations issued by the Probate Court Administrator. All records
maintained in the courts of probate under the provisions of said sections
shall be sealed and available only to the respondent or his or her counsel
unless the Court of Probate, after hearing held with notice to the
respondent, determines such records should be disclosed for cause
shown.
Sec. 16. Section 17a -501 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
Any person with psychiatric disabilities, the expense of whose
support is paid by himself or by another person, may be committed to
any institution for the care of persons with psychiatric disabilities
designated by the person paying for such support; and any indigent
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person with psychiatric disabilities, not a pauper, committed under the
provisions of sections 17a -75 to 17a -83, inclusive, 17a -450 to [17a-483]
17a-482, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive,
as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575,
inclusive, and 17a -615 to 17a -618, inclusive, shall be committed to any
state hospital for psychiatric disabilities which is equipped to receive
him, at the discretion of the Court of Probate, upon consideration of a
request made by the person applying for such commitment.
Sec. 17. Section 17a -504 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
Any person who wilfully and maliciously causes, or attempts to
cause, or who conspires with any other person to cause, any person who
does not have psychiatric disabilities to be committed to any hospital
for psychiatric disabilities, and any person who wilfully certifies falsely
to the psychiatric disabilities of any person in any certificate provided
for in sections 17a -75 to 17a-83, inclusive, 17a-450 to [17a-483] 17a-482,
inclusive, as amended by this act , 17a -495 to 17a -528, inclusive , as
amended by th is act, 17a-540 to 17a -550, inclusive, 17a -560 to 17a-575,
inclusive, and 17a-615 to 17a-618, inclusive, and any person who, under
the provisions of said sections relating to persons with psychiatric
disabilities, wilfully reports falsely to any court or judge that any person
has psychiatric disabilities, shall be guilty of a class D felony.
Sec. 18. Section 17a -505 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
When any female with psychiatric disabilities is escorted to a state
hospital for persons with psychiatric disabilities by a male guard,
attendant or other employee of a correctional or reformatory institution,
or by a male law enforcement officer, under t he provisions of sections
17a-75 to 17a -83, inclusive, 17a -450 to [17a-483] 17a-482, inclusive , as
amended by this act , 17a-495 to 17a-528, inclusive, as amended by this
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act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-
615 to 17a -618, inclusive, the person so escorting her shall be
accompanied by an adult member of her family or at least one woman.
Sec. 19. Section 17a -519 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
Each officer or indifferent person making legal service of any order,
notice, warrant or other paper under the provisions of sections 17a-75 to
17a-83, inclusive, 17a-450 to [17a-483] 17a-482, inclusive, as amended by
this act, 17a-495 to 17a-528, inclusive, as amended by this act, 17a-540 to
17a-550, inclusive, 17a-560 to 17a-575, inclusive, and 17a-615 to 17a-618,
inclusive, shall be entitled to the same compensation as is by law
provided for like services in civil causes. Physicians, for examining a
person alleged to have psychiatric disabilities and making a certificate
as prov ided by said sections, shall be entitled to a reasonable
compensation established by the Commissioner of Mental Health and
Addiction Services. The fees of the courts of probate shall be such as are
provided by law for similar services. The Superior Court, on an appeal,
may tax costs at its discretion.
Sec. 20. Section 17a -525 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
Any person aggrieved by an order, denial or decree of a Probate
Court under sections 17a -75 to 17a -83, inclusive, 17a -450 to [17a-483]
17a-482, inclusive, as amended by this act, 17a-495 to 17a-528, inclusive,
as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575,
inclusive, and 17a -615 to 17a -618, inclusive, including any relative or
friend, on behalf of any person found to have psychiatric disabilities,
shall have the right of appeal in accordance with sections 45a-186 to 45a-
193, inclusive. On the trial of an appeal, the Superior Court may require
the state's attorney or, in the state's attorney's absence, some other
practicing attorney of the court to be present for the protection of the
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interests of the state and of the public.
Sec. 21. Subsection (a) of section 17a -528 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(a) When any person is found to have psychiatric disabilities, and is
committed to a state hospital for psychiatric disabilities, upon
proceedings had under sections 17a -75 to 17a -83, inclusive, 17a -450 to
[17a-483] 17a-482, inclusive, as amended by this act, 17a-495 to 17a-528,
inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560
to 17a-575, inclusive, and 17a -615 to 17a -618, inclusive, all fees and
expenses incurred upon the probate commitment proceedings, payment
of which is not otherwise provided for under said sections, shall be paid
by the state within available appropriations from funds appropriated to
the Department of Mental Health and Addiction Services in accordance
with rates established by said department; and, if such perso n is found
not to have psychiatric disabilities, such fees and expenses shall be paid
by the applicant.
Sec. 22. Subsection (d) of section 45a -656 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(d) The conservator of the person shall not have the power or
authority to cause the respondent to be committed to any institution for
the treatment of the mentally ill except under the provisions of sections
17a-75 to 17a -83, inclusive, 17a -456 to [17a-483] 17a-482, inclusive , as
amended by this act , 17a-495 to 17a-528, inclusive, as amended by this
act, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, 17a-615
to 17a-618, inclusive, and 17a-621 to 17a-664, inclusive, and chapter 359.
Sec. 23. Subsection (e) of section 45a -677 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
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1, 2026):
(e) A plenary guardian or limited guardian shall not have the power
or authority: (1) To cause the protected person to be admitted to any
institution for treatment of the mentally ill, except in accordance with
the provisions of sections 17a -75 to 17a -83, inclusive, 17a -456 to [17a-
483] 17a-482, inclusive , as amended by this act , 17a -495 to 17a -528,
inclusive, as amended by this act, 17a-540 to 17a-550, inclusive, 17a-560
to 17a-575, inclusive, 17a-615 to 17a -618, inclusive, and 17a -621 to 17a -
664, inclusive, and chapter 420b; (2) to cause the protected person to be
admitted to any training school or other facility provided for the care
and training of persons with intellectual disability if there is a conflict
concerning such admission between the guardian and the protected
person or next of kin, except in accordance with the provisions of
sections 17a-274 and 17a -275; (3) to consent on behalf of the protected
person to a sterilization, except in accordance with the provisions of
sections 45a -690 to 45a -700, inclusive; (4) to consent on behalf of the
protected person to psychosurgery, except in accordance with the
provisions of section 17a -543; (5) to consent on behalf of the protected
person to the termination of the protected person's parental rights,
except in accordance with the provisions of sections 45a-706 to 45a-709,
inclusive, 45a -715 to 45a -718, inclusive, 45a -724 to 45a -737, inclusive,
and 45a -743 to 45a -757, inclusive; (6) to consent on behalf of the
protected person to the performance of any experimental biomedical or
behavioral medical procedure or participation in any biomedical or
behavioral experiment, unless it (A) is intended to preserve the life or
prevent serious impairment of the physical health of the protected
person, (B) is intended to assist the protected person to regain the
protected person's abilities and has been approved for the protected
person by the court, or (C) has been (i) approved by a recognized
institutional review board, as defined by 45 CFR 46, 21 CFR 50 and 21
CFR 56, a s amended from time to time, which is not a part of the
Department of Developmental Services, (ii) endorsed or supported by
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the Department of Developmental Services, and (iii) approved for the
protected person by such protected person's primary care physician; (7)
to admit the protected person to any residential facility operated by an
organization by whom such guardian is employed, except in accordance
with the provisions of section 17a -274; (8) to prohibit the marriage or
divorce of the protected person ; and (9) to consent on behalf of the
protected person to an abortion or removal of a body organ, except in
accordance with ap plicable statutory procedures when necessary to
preserve the life or prevent serious impairment of the physical or mental
health of the protected person.
Sec. 24. Section 17a-483 of the general statutes is repealed. ( Effective
October 1, 2026)