SB 479 — AN ACT CONCERNING IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR PERSONS PROVIDING MEDICAL ASSISTANCE OR INTERVENTION IN A CHILD ABUSE OR NEGLECT CASE.

General Assembly   RaisedSubstitute Bill No.

479 February Session, 2018   LCO*_____SB00479JUD___040418____* No.AN ACT CONCERNING IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR PERSONS PROVIDING MEDICAL ASSISTANCE OR INTERVENTION IN A CHILD ABUSE OR NEGLECT CASE.

2318   *02318_______JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT CONCERNING IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR PERSONS PROVIDING MEDICAL ASSISTANCE OR INTERVENTION IN A CHILD ABUSE OR NEGLECT CASE.

Section 17a-101e of the general statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJuly 1, 2018):2018, and applicable to any civil action pending on or filed on or after said date):

(b) Any person, institution or agency which, in good faith, (1) makes,makes [, or in good faith does not make, thethe] a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, or (2) provides professional medical intervention or assistance in any proceeding involving child abuse and neglect, including, but not limited to, (A) causing a photograph, x-ray or a physical custody examination to be made, (B) causing a child to be taken into emergency protective custody, (C) disclosing a medical record or other information pertinent to the proceeding, or (D) performing a medically relevant test, shall be immune from any liability, civil or criminal, which might otherwise be[be incurred or imposedimposed] arise from or be related to the actions taken pursuant to this subsection and shall have the same immunity with respect to any judicial proceeding which results from such report or actions, provided such person did not perpetrate or cause such abuse or neglect.

The immunity from civil or criminal liability extends only to actions done pursuant to this subsection and does not extend to the malpractice of a medical professional that results in personal injury or death.

Section 1 OctoberJuly 1, 20182018, and applicable to any civil action pending on or filed on or after said date 17a-101e StatementJUD ofJoint Purpose:Favorable Subst.

To extend the immunity provided to those who in good faith report suspected child abuse or neglect to medical professionals involved in the evaluation of the suspected abuse or neglect.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]