Connecticut 2022 Regular Session Status: In Committee 6 R cosponsors

HB 5191 — AN ACT CONCERNING EMERGENCY INTERVENTION BY A POLICE OFFICER WHEN A PERSON IS INCAPACITATED BY DRUGS OR DUE TO A MEDICAL EMERGENCY.

Last action — FILE NO. 289

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

184 added · 33 removed

184 line(s) added, 33 removed.

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General Assembly Raised Bill No.
House of Representatives General Assembly File No.
5191 February Session, 2022 LCO No.
289 February Session, 2022 Substitute House Bill No.
1437 Referred to Committee on PUBLIC SAFETY AND SECURITY Introduced by:
5191 House of Representatives, April 5, 2022 The Committee on Public Safety and Security reported through REP.
(PS) AN ACT CONCERNING EMERGENCY INTERVENTION BY A POLICE OFFICER WHEN A PERSON SUFFERS A NARCOTICS OVERDOSE.
HORN of the 64th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING EMERGENCY INTERVENTION BY A POLICE OFFICER WHEN A PERSON IS INCAPACITATED BY DRUGS OR DUE TO A MEDICAL EMERGENCY.
Subsection (a) of section 17a-503 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
Section 17a-683 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):
(a) Any police officer who has reasonable cause to believe that a person (1) has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled, and in need of immediate care and treatment, or (2) is suffering from an apparent narcotics overdose and is in need of immediate medical care and treatment, may take such person into protective custody and take or cause such person to be taken to a general hospital for emergency examination under this section.
(a) Any police officer finding a person who appears to be intoxicated in a public place and in need of help may, with such person's consent, assist such person to [his] such person's home, a treatment facility, or a hospital or other facility able to accept such person.
The officer shall execute a written request for emergency examination detailing the circumstances under which the person was taken into protective custody, and such request shall be left with the facility.
(b) Any police officer finding a person who appears to be incapacitated by alcohol, by drugs or due to a medical emergency shall take [him] such person into protective custody and have [him] such person brought forthwith (1) to a treatment facility which provides medical triage in accordance with regulations adopted pursuant to section 19a-495, or (2) to a hospital.
The person shall be examined within twenty-four hours and shall not be held for more than seventy-two hours unless committed under section LCO No.
The police, in detaining the person sHB5191 / File No.
1437 1 of 2 Raised Bill No.
289 1 sHB5191 File No.
5191 17a-502.
289 and in having [him] such person brought forthwith to such a treatment facility or a hospital, shall be taking [him] such person into protective custody and shall make every reasonable effort to protect [his] such person's health and safety.
In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself or herself.
A taking into protective custody under this section is not an arrest.
No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.
For purposes of this section "medical triage" means a service which provides immediate assessment of medical emergencies and symptoms of substance abuse, the immediate care and treatment of [these] medical emergencies and such symptoms as necessary, a determination of need for treatment [,] and assistance in attaining appropriate continued treatment.
(c) A person who is brought to a treatment facility which provides medical triage in accordance with regulations adopted pursuant to section 19a-495 or to a hospital shall be examined by a medical officer or [his] such medical officer's designee as soon as possible.
The medical officer shall determine whether the person requires inpatient treatment based upon the medical examination of the person and upon a finding that the person is incapacitated by alcohol, by drugs or due to a medical emergency.
(d)Ifthemedicalofficerdeterminesthatthepersonrequiresinpatient treatment, the person shall be (1) admitted to, referred to or detained at a treatment facility that provides medical treatment for detoxification or a hospital, or (2) committed to a treatment facility operated by the Department of Mental Health and Addiction Services for emergency treatment pursuant to the provisions of section 17a-684.
A person treated under subdivision (1) of this subsection shall be admitted as a voluntary patient, or, if necessary, detained for necessary treatment.
If such person is referred to another treatment facility or another hospital, the referring facility or hospital shall arrange for [his] such person's transportation.
(e) Any person admitted or detained as a patient under subdivision sHB5191 / File No.
289 2 sHB5191 File No.
289 (1) of subsection (d) of this section shall be released once [he] such person is no longer incapacitated [by alcohol] or within forty-eight hours, whichever is shorter, unless [he] such person consents to further medical evaluation or treatment.
(f) If a patient is admitted to a treatment facility or hospital, [his] such patient's family or next of kin shall, unless prohibited by federal law, be notified as promptly as possible.
If a patient who is not incapacitated [by alcohol] requests that there be no notification, [his] such request shall be respected.
(g) A person who is not admitted to a treatment facility or a hospital, is not referred to another treatment facility or hospital and has no funds may be taken to [his] such person's home, if any.
If [he] such person has no home, the facility shall assist [him] such person in obtaining shelter.
Section 1 October 1, 2022 17a-503(a) Statement of Purpose:
Section 1 October 1, 2022 17a-683 PS Joint Favorable Subst.
To allow a police officer to take a person into protective custody when the officer has reasonable cause to believe that such person is experiencing a narcotics overdose.
sHB5191 / File No.
[Proposed deletions are enclosed in brackets.
289 3 sHB5191 File No.
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.] LCO No.
289 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
1437 2 of 2
In general, fiscal impacts are based upon a variety of informational 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:
Agency Affected Fund-Effect FY 23 $ FY 24 $ Mental Health & Addiction GF - Cost Potential Potential Serv., Dept.
Note:
GF=General Fund Municipal Impact:
None Explanation The bill results in a cost to the Department of Mental Health and Addiction Services (DMHAS) to the extent an individual receives treatment at a DMHAS facility who otherwise would not have been admitted.
For context, the inpatient per capita rate at Connecticut Valley Hospital is $2,079 per day.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
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sHB5191 / File No.
289 4 sHB5191 File No.
289 OLR Bill Analysis sHB 5191 AN ACT CONCERNING EMERGENCY INTERVENTION BY A POLICE OFFICER WHEN A PERSON IS INCAPACITATED BY DRUGS OR DUE TO A MEDICAL EMERGENCY.
SUMMARY This bill expands a police officer’s duty to take certain incapacitated individuals into protective custody.
As under current law for those incapacitated by alcohol, the bill requires police officers, upon finding someone who appears to be incapacitated by drugs or due to a medical emergency, to take the person into protective custody and bring the person to a (1) treatment facility that provides medical triage or (2) hospital.
The bill similarly expands current requirements on treatment facilities, hospitals, and their medical officers regarding those brought to them who appear to be incapacitated by alcohol to also cover those who may be incapacitatedby drugsor due to amedical emergency.
This includes determining whether the person requires inpatient treatment.
The bill also makes technical changes.
EFFECTIVE DATE:
October 1, 2022 POLICE ACTIONS Under existing law for someone incapacitated by alcohol and the bill, for someone incapacitated by drugs or due to a medical emergency, taking someone into protective custody is not an arrest and no record may bemade to indicate that apersonhas beenarrestedor chargedwith a crime.
Police must make every reasonable effort to protect the health and safety of someone they take into this custody and may take reasonable steps to protect themselves.
sHB5191 / File No.
289 5 sHB5191 File No.
289 MEDICAL ACTIONS Similarly, under existing law and the bill, a medical officer must examine a person the police bring to his or her treatment facility or hospital as soon as possible and determine whether the person requires inpatient treatment.
If a medical officer determines that the person requires inpatient treatment, the person must be (1) admitted to, referred to, or detained at a treatment facility that provides medical treatment for detoxification or a hospital or (2) committed to a treatment facility operated by the Department of Mental Health and Addiction Services for emergency treatment.
If the person is referred to another treatment facility or hospital, the referring facility or hospital must arrange for the person’s transportation.
Anyone who is not committed for emergency treatment must be released once he or she is no longer incapacitated or within 48 hours, whichever is shorter, unless he or she consents to further evaluation or treatment.
If someone is admitted, his or her family or next of kin must be notified as promptly as possible unless (1) prohibited by federal law or (2) the person is not incapacitated and requests that there be no notification.
Existing law and the bill allows a person to be taken to his or her home, if any, if he or she is not admitted or referred to a treatment facility or hospital and has no money.
But if the person does not have a home, the facility must assist him or her in obtaining shelter.
DEFINITIONS By law, and under the bill, “drugs” are those containing any quantity of a substance designated:
1.
as subject to the federal Controlled Substances Act;
2.
as a depressant or stimulant drug under federal food and drug laws;
or 3.
by the consumer protection commissioner in regulations as having a stimulant, depressant, or hallucinogenic effect upon the sHB5191 / File No.
289 6 sHB5191 File No.
289 higher functions of the central nervous system and tending to promote abuse or psychological or physiological dependence, or both.
These drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type, and other stimulant and depressant drugs.
They specifically do not include alcohol, nicotine, and caffeine (CGS §§ 17a-680(6) & 21a-240(8)).
Under current law, “medical triage” is a service that provides (1) immediate assessment of substance abuse, (2) immediate care and treatment of those symptoms as necessary, (3) a determination of need for treatment, and (4) assistance in attaining appropriate continued treatment.
The bill expands this definition to include the immediate assessment, care, and treatment of medical emergencies.
Under existing law, “incapacitated by alcohol” is a condition in which a person’s judgment is so impaired because of alcohol that he or she is incapable of realizing and making a rational decision concerning his or her need for treatment (CGS § 17a-680(11)).
COMMITTEE ACTION Public Safety and Security Committee Joint Favorable Substitute Yea 20 Nay 3 (03/22/2022) sHB5191 / File No.
289 7
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Action History

  1. FILE NO. 289

  2. HOUSE CALENDAR NUMBER 219

  3. FAV. RPT., TABLED FOR HOUSE CALENDAR

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/04/22

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0303

  9. REF. TO JOINT COMM. ON Public Safety and Security

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 181 not signed on

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (181)

181 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors HB 5191?
HB 5191 is sponsored by Ben McGorty (Republican), Carol Hall (Republican), Craig C. Fishbein (Republican), Bill Buckbee (Republican), Greg S. Howard (Republican), and Mark W. Anderson (Republican).
What is the current status of HB 5191?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5191?
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