SB 445 — AN ACT CONCERNING THE PROVISION OF EMERGENCY MEDICAL SERVICES TO AN INDIVIDUAL WHO IS IN THE CUSTODY OR CONTROL OF A PEACE OFFICER.

Senate General Assembly RaisedFile Bill No.

445520 February Session, 2022 LCOSubstitute Senate Bill No.

3325445 ReferredSenate, toApril 19, 2022 The Committee on JUDICIARYJudiciary Introducedreportedthrough by:SEN.

(JUD)WINFIELD ANof ACTthe CONCERNING10th THEDist., PROVISIONChairperson OFof EMERGENCYthe MEDICALCommittee SERVICESon TOthe ANpart INDIVIDUALof WHOthe ISSenate, INthat THEthe CUSTODYsubstitute ORbill CONTROLought OFto Apass. PEACE OFFICER.

AN ACT CONCERNING THE PROVISION OF EMERGENCY MEDICAL SERVICES TO AN INDIVIDUAL WHO IS IN THE CUSTODY OR CONTROL OF A PEACE OFFICER.

(1) "Emergency medical condition" means a medical condition, whether physical, behavioral, or related to a substance use disorder or mental,mental health disorder, that manifests itself by symptoms of sufficient severity, including severe pain, that in the absence of prompt medical attention could reasonably be expected by a prudent layperson who possesses an average knowledge of health and medicine to result in placing the health of the person in serious jeopardy, serious impairment to body function or serious dysfunction of any body organ or part;

(2) "Medically unstable" means any condition, whether physical, behavioral, or related to a substance use disorder or mental health disorder, that manifests in an unstable medical or mental health status, whichsSB445 could/ reasonablyFile be understood by a prudent layperson who possesses an average knowledge of health and medicine to lead to an emergency LCO No.

3325520 1 ofsSB445 2File Raised Bill No.

445520 which could reasonably be understood by a prudent layperson who possesses an average knowledge of health and medicine to lead to an emergency medical condition;

Section 1 October 1, 2022 New section StatementJUD ofJoint Purpose:Favorable Subst.

TosSB445 require/ theFile provisionNo. of emergency medical services to an individual who experiences an emergency medical condition or is medically unstable while in the custody or control of a peace officer.

[Proposed520 deletions2 aresSB445 enclosedFile inNo. brackets.

Proposed520 additionsThe following Fiscal Impact Statement and Bill Analysis are indicatedprepared byfor underline,the exceptbenefit thatof whenthe members of the entireGeneral textAssembly, solely for purposes of ainformation, billsummarization orand resolutionexplanation orand ado sectionnot ofrepresent athe billintent orof resolutionthe isGeneral new,Assembly itor iseither notchamber underlined.]thereof LCOfor No.any purpose.

3325In 2general, fiscal impacts are based upon a variety of 2informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill requires a peace officer to request emergency medical services for a person in their custody in certain circumstances resulting in no fiscal impact to the state or municipalities.

The Out Years State Impact:

None Municipal Impact:

None sSB445 / File No.

520 3 sSB445 File No.

520 OLR Bill Analysis sSB 445 AN ACT CONCERNING THE PROVISION OF EMERGENCY MEDICAL SERVICES TO AN INDIVIDUAL WHO IS IN THE CUSTODY OR CONTROL OF A PEACE OFFICER.

SUMMARY This bill gives anyone who experiences an emergency medical condition or is medically unstable while under a peace officer’s custody or control the right to be provided emergency medical services.

It correspondingly requires a peace officer to immediately request emergency medical services for any such person in their custody or control.

This applies whether the (1) person communicated to the officer that he or she was medically unstable or experiencing an emergency medical condition or (2) officer observed the person to be in this situation.

Under the bill, an “emergency medical condition” or being “medically unstable” can arise from a condition that is physical, behavioral, or related to a substance use or mental health disorder.

An emergency medical condition causes symptoms severe enough that a prudent layperson with an average knowledge of health and medicine reasonably determines prompt medical attention is warranted to avoid serious jeopardy or impairment.

A person is medically unstable if their condition could reasonably be understood to lead to an emergency.

EFFECTIVE DATE:

October 1, 2022 BACKGROUND Peace Officers By law, the following individuals are designated peace officers:

state and local police, Division of Criminal Justice inspectors, state marshals sSB445 / File No.

520 4 sSB445 File No.

520 exercising statutory powers, judicial marshals performing their duties, conservation or special conservation officers, constables who perform criminal law enforcement duties, appointed special policemen, adult probation officers, Department of Correction officials authorized to make arrests in a correctional institution or facility, investigators in the Office of the State Treasurer, Police Officer Standards and Training Council (POST)-certified motor vehicle inspectors, U.S.

marshals and deputy marshals, U.S.

special agents authorized to enforce federal food and drug laws, and POST-certified police officers of a law enforcement unit created and governed under a state-tribal memorandum (CGS § 53a-3(9)).

COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 39 Nay 0 (03/31/2022) sSB445 / File No.

520 5