Substitute Senate Bill No. 1015

Public Act No. 99-125

An Act Concerning the Department of Public Health's Authority Over Certain Laboratory Fees, Full-Time Health Directors, the Submission of Part-Time Public Health Budgets, Operating Youth Camps Without a License and Regulations Monitoring Diabetes and Medications at Youth Camps.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 19a-26 of the general statutes is repealed and the following is substituted in lieu thereof:

The Department of Public Health may establish, maintain and control state laboratories to perform examinations of supposed morbid tissues, other laboratory tests for the diagnosis and control of preventable diseases, and laboratory work in the field of sanitation, environmental and occupational testing and research studies for the protection and preservation of the public health. Such laboratory services shall be performed upon the application of licensed physicians, other laboratories, licensed dentists, licensed podiatrists, local directors of health, public utilities or state departments or institutions, subject to regulations prescribed by the Commissioner of Public Health, and upon payment of any applicable fee as hereinafter provided. For such purposes the department may provide necessary buildings and apparatus, employ, subject to the provisions of chapter 67, administrative and scientific personnel and assistants and do all things necessary for the conduct of such laboratories. The Commissioner of Public Health shall establish a schedule of fees [directly related to operating costs or fair market value] based upon nationally recognized standards and performance measures for analytic work effort for such laboratory services, provided [such laboratory services shall be performed without charge] the commissioner (1) shall waive the fees for local directors of health and local law enforcement agencies and (2) may [be performed without charge] waive the fees, in full or in part, for others if [, in the determination of said] the commissioner [,] determines that the public health requires [that such services be furnished without charge] a waiver. The commissioner may waive fees for chlamydia and gonorrhea testing for nonprofit organizations if the organization provides combination chlamydia and gonorrhea test kits. The commissioner shall also establish a fair handling fee which a client of a state laboratory may charge a person or third party payer for arranging for the services of the laboratory. Such client shall not charge an amount in excess of such handling fee.

Sec. 2. Subsection (a) of section 19a-200 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The mayor of each city, the warden of each borough, and the chief executive officer of each town 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 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, such director of health shall either be a licensed physician or shall hold a graduate degree in public health as a result of at least one year's training, including at least sixty hours in local public health administration, in a recognized school of public health or shall have such combination of training and experience as meets the approval of the Commissioner of Public Health. 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 [devote his entire time to the duties of his office] 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 engage in private practice. Such director of health shall have and exercise within the limits of the city, town or borough for which [he] such director is appointed all powers necessary for enforcing the general statutes, provisions of the Public Health Code 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 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 [appointed by him or by] 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 [he has received such notice] receipt, file with the clerk from whom [he] the notice was received, [the same his] approval or disapproval. Each such director of health shall hold office for the term of four years from the date of [his] appointment and until [his] 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 [his] the doings as such director for the year preceding.

Sec. 3. Section 19a-202a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Upon application to the Department of Public Health, each part-time health department shall annually receive from the state an amount equal to fifty-three cents per capita.

(b) Any municipality may designate itself as having a part-time health department if: (1) The municipality has not [been] had a full-time health department or been in a full-time health district prior to January 1, 1998; (2) the municipality has the equivalent of at least one full-time employee, as determined by the Commissioner of Public Health; (3) the municipality [develops a plan and timetable for the provision of health services] annually submits a public health program plan and budget to the commissioner; and (4) the commissioner approves the program plan and [timetable] budget.

(c) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, for the development and approval of the program plan and [timetable] budget required by subdivision (3) of subsection [(a)] (b) of this section.

Sec. 4. Section 19a-425 of the general statutes is repealed and the following is substituted in lieu thereof:

Any person who establishes, conducts or maintains a youth camp without [having been issued a license as herein described] a license as required by this chapter for a first offense shall be [fined] subject to a civil penalty of not more than five hundred dollars, and for a second or subsequent offense shall be [fined] subject to a civil penalty of not more than seven hundred fifty dollars, and each day during which a youth camp is conducted or maintained without a license, after notification to such person by the commissioner, [in violation of any provision of this chapter] shall constitute a separate offense. The Commissioner of Public Health may apply to the superior court for the judicial district of Hartford, or for the judicial district where the defendant named in such application resides, for an injunction to restrain the operation or maintenance of a youth camp [, as defined in section 19a-420,] by any person other than a licensed operator. The application for such injunction or the issuance of the same shall be in addition to and shall not relieve any such person from [criminal prosecution] the imposition of a civil penalty under this section. In connection with any such application for an injunction, it shall not be necessary to prove that an adequate remedy at law does not exist.

Sec. 5. Section 19a-428 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Public Health shall [promulgate such] adopt regulations, in accordance with the provisions of chapter 54, relating to the safe operation of youth camps, including, but not limited to, personnel qualifications for director and staff; ratio of staff to campers; sanitation and public health; personal health, first aid and medical services; food handling, mass feeding and cleanliness; water supply and waste disposal; water safety, including use of lakes and rivers, swimming and boating equipment and practices, vehicle condition and operation; building and site design; equipment; and condition and density of use, as [he] the commissioner may deem necessary or desirable. Such regulations shall be construed to be minimum standards subject to the imposition and enforcement of higher standards by any town, city or borough.

(b) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, allowing physical examinations or health status certifications required by youth camps prior to the date of arrival at youth camps to be made by a physician, an advanced practice registered nurse or registered nurse licensed pursuant to chapter 378 or a physician assistant licensed pursuant to chapter 370.

(c) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, that specify conditions under which youth camp directors and staff may administer tests to monitor glucose levels in a child with diagnosed diabetes mellitus, and administer medicinal preparations, including controlled drugs specified in the regulations adopted by the commissioner, to a child enrolled in a youth camp at such camp. The regulations shall require authorization pursuant to: (1) The written order of a physician licensed to practice medicine or 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 (2) the written authorization of a parent or guardian of such child.

Sec. 6. This act shall take effect July 1, 1999, except that sections 2 to 5, inclusive, shall take effect October 1, 1999.

Approved June 8, 1999

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