Conn. Gen. Stat. § 18-81pp: Plan for the provision of health care services to persons who are incarcerated. Report.

(a) As used in this section:

(1) “Advanced practice registered nurse” means an advanced practice registered nurse licensed under chapter 373;

(2) “Alcohol and drug counselor” means an alcohol and drug counselor licensed or certified under chapter 376b;

(3) “Commissioner” means the Commissioner of Correction;

(4) “Correctional institution” means a prison or jail under the jurisdiction of the commissioner;

(5) “Dental professional” means a (A) dentist, (B) dental hygienist licensed under chapter 379a, or (C) dental assistant, as defined in section 20-112a;

(6) “Dentist” means a dentist licensed under chapter 379;

(7) “Department” means the Department of Correction;

(8) “Discharge planner” means a (A) registered nurse licensed under chapter 378, (B) practical nurse licensed under chapter 378, (C) clinical social worker or master social worker licensed under chapter 383b, or (D) professional counselor licensed under chapter 383c;

(9) “HIV test” means a test to determine human immunodeficiency virus infection or antibodies to human immunodeficiency virus;

(10) “Medical professional” means (A) a physician, (B) an advanced practice registered nurse, (C) a physician assistant, (D) a registered nurse licensed under chapter 378, or (E) a practical nurse licensed under chapter 378;

(11) “Mental health care provider” means (A) a physician who specializes in psychiatry, or (B) an advanced practice registered nurse who specializes in mental health;

(12) “Mental health therapist” means (A) a physician who specializes in psychiatry, (B) a psychologist licensed under chapter 383, (C) an advanced practice registered nurse who specializes in mental health, (D) a clinical social worker or master social worker licensed under chapter 383b, or (E) a professional counselor licensed under chapter 383c;

(13) “Physician” means a physician licensed under chapter 370;

(14) “Physician assistant” means a physician assistant licensed under chapter 370; and

(15) “Psychotropic medication” means a medication that is used to treat a mental health disorder that affects behavior, mood, thoughts or perception.

(b) Not later than October 1, 2025, the commissioner shall develop a plan for the provision of health care services, including, but not limited to, mental health care, substance use disorder and dental care services, to persons who are incarcerated under the jurisdiction of the department. Such plan shall ensure, at a minimum, that:

(1) (A) There is a sufficient number of mental health therapists, as determined by the commissioner, at each correctional institution to provide mental health care services to persons who are incarcerated;

(B) There is a mental health therapist placed at a correctional institution to provide mental health care services to any person who is incarcerated who requests such services or has been referred for such services by correctional staff only after the therapist makes an assessment of the person's need for such services and determines that the person requires such services;

(C) Each mental health therapist shall deliver such services in concert with the security needs of all persons who are incarcerated and correctional staff and the overall operation of the correctional institution, as determined by the warden of the correctional institution; and

(D) No mental health therapist who is providing mental health care services pursuant to this subdivision and licensed to prescribe medication shall prescribe a psychotropic medication to a person who is incarcerated unless (i) the mental health therapist has reviewed the mental health history and medical history of the person, including, but not limited to, the list of all medications the person is taking, (ii) the mental health therapist determines, based on a review of such history, that the benefits of prescribing such medication outweigh the risk of prescribing such medication, (iii) the mental health therapist diagnoses the person with a mental health disorder, the person has received a previous diagnosis of a mental health disorder by a licensed mental health care provider and such medication is used to treat such mental health disorder, or, in an emergency situation, the mental health therapist makes an assessment that the inmate's mental health is substantially impaired and requires psychotropic medication to treat, (iv) the mental health therapist approves the use of such medication by the person as part of the person's mental health treatment plan, and (v) the mental health therapist keeps a record of each psychotropic medication such provider prescribes to the person and all other medications the person is taking.

(2) Each person who is incarcerated shall receive an annual physical examination by a physician, physician assistant or advanced practice registered nurse when such examination is clinically indicated. Such examination may include, but not be limited to, a breast and gynecological examination or prostate examination, where appropriate, and the administration of any test the physician, physician assistant or advanced practice registered nurse deems appropriate.

(3) Each person who is incarcerated shall receive an initial health assessment from a medical professional not later than fourteen days after the person's initial intake into a correctional institution.

(4) If a physician, physician assistant or advanced practice registered nurse recommends, based on the initial health assessment of a person who is incarcerated or other person, that such person who is incarcerated or other person be placed in a medical or mental health housing unit, the department shall ensure that such person who is incarcerated or other person is placed in an appropriate medical or mental health housing unit unless there are significant safety or security reasons for not making such placement.

(5) A medical professional shall perform health assessments of persons who are incarcerated in a location at the correctional institution that the warden of the correctional institution designates as appropriate for performing such an examination, provided the analysis of any sample collected from the person who is incarcerated during a health assessment may be performed at a laboratory that is located outside of the correctional institution.

(6) A discharge planner shall conduct an exit interview of each person who is incarcerated who is being scheduled for discharge from a correctional institution prior to the date of discharge if such exit interview is clinically indicated, provided the lack of such exit interview shall not delay the scheduled discharge of a person who is incarcerated. Such exit interview shall include a discussion with the person regarding a medical discharge plan for any continued medical care or treatment that is recommended by the physician, physician assistant or advanced practice registered nurse for the person when the person reenters the community.

(7) A physician shall be on call on weekends, holidays and outside regular work hours to provide medical care to persons who are incarcerated as necessary.

(8) The commissioner shall ensure that each person who is incarcerated has access to all vaccines licensed or authorized under an emergency use authorization by the federal Food and Drug Administration that are recommended by the National Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, subject to availability of such vaccines, unless there are substantial security concerns with providing access to such vaccines. Subject to availability, a physician, physician assistant or advanced practice registered nurse shall prescribe to a person who is incarcerated any such vaccine that (A) the person requests, and (B) is recommended for such person by said committee, as determined by the physician, physician assistant or advanced practice registered nurse, provided the prescribing of such vaccine does not impose significant safety concerns.

(9) Except in exigent circumstances, a dental professional shall perform a dental screening of each person who is incarcerated not later than one year after the person initially enters a correctional institution and at least once annually thereafter. At the time the dental professional performs the dental screening of a person who is incarcerated, the dental professional shall develop a dental care plan for the person. A dental professional shall provide dental care in accordance with the person's dental care plan throughout the person's time at the correctional institution. The commissioner shall ensure, in consultation with a dentist, that each correctional institution has a dental examination room that is fully equipped with all of the dental equipment necessary to perform a dental examination.

(10) A medical professional shall administer an HIV test to each person who is incarcerated who requests an HIV test, subject to the availability of such test. Except in exigent circumstances and subject to availability, a medical professional shall offer an HIV test to each person who is incarcerated where it is clinically indicated (A) at the time such person enters a correctional institution, or (B) during an annual physical assessment.

(11) A medical professional shall interview each person who is incarcerated regarding such person's drug and alcohol use and mental health history at the time the person initially enters a correctional institution. If the person is exhibiting symptoms of withdrawal from a drug or alcohol or mental distress at such time, a medical professional shall perform a physical and mental health assessment of the person and communicate the results of such assessment to a physician, physician assistant or advanced practice registered nurse, and a mental health care provider or mental health therapist, if applicable. Except in exigent circumstances, a drug and alcohol counselor shall perform an evaluation of the person not later than five days after the person initially enters the correctional institution. (A) The correctional institution shall immediately transfer each such person who is determined by a physician, physician assistant or advanced practice registered nurse to be experiencing withdrawal from a drug or alcohol to an appropriate area at such correctional institution for medical treatment of such withdrawal. A physician, a physician assistant or an advanced practice registered nurse shall periodically evaluate each person who is incarcerated and exhibits signs of or discloses an addiction to a drug or alcohol or who experiences withdrawal from a drug or alcohol, at a frequency deemed appropriate by the physician, physician assistant or advanced practice registered nurse. (B) In the case of a person who is determined at the time of such person's intake into a correctional institution to be in need of mental health services, such person shall be provided evidence-based mental health interventions delivered by a mental health care provider or mental health therapist, as needed, within a reasonable amount of time after such determination of need, but in no case later than two business days following such determination. Such person shall be periodically evaluated by a mental health care provider or mental health therapist and provided such services, as needed.

(12) A physician, a physician assistant or an advanced practice registered nurse with experience in substance use disorder diagnosis and treatment shall oversee the medical treatment of a person who is incarcerated experiencing withdrawal from a drug or alcohol at each correctional institution. A medical professional shall be present in the medical unit at each correctional facility at all times during the provision of medical treatment to such person.

(13) A drug and alcohol counselor shall offer appropriate substance use disorder counseling services, including, but not limited to, individual counseling sessions and group counseling sessions, to a person who is incarcerated and exhibits signs of or discloses an addiction to a drug or alcohol and encourage such person to participate in at least one counselling session. At the time of discharge of a person who is incarcerated from the correctional institution, a discharge planner may refer any such person who has exhibited signs of or disclosed an addiction to a drug or alcohol while incarcerated at such correctional institution to a substance use disorder treatment program in the community that is deemed appropriate for the person by such discharge planner.

(14) The York Correctional Institution shall provide each pregnant woman who is incarcerated and drug or alcohol-dependent, with information regarding the dangers of undergoing withdrawal from the drug or alcohol without medical treatment, the importance of receiving medical treatment during the second trimester of pregnancy for withdrawal from the drug or alcohol and the effects of neonatal abstinence syndrome on a newborn.

(15) The York Correctional Institution shall provide each pregnant woman who is incarcerated prenatal visits at a frequency determined by an obstetrician to be consistent with community standards for prenatal visits.

(16) The department shall issue a request for information to which a school of medicine may apply for purposes of providing practical training at correctional institutions as part of a medical residency program, through which residents participating in such program may provide health care services to persons who are incarcerated.

(c) Not later than October 1, 2025, the commissioner shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to public health and the judiciary regarding the plan developed pursuant to subsection (b) of this section, recommendations for any legislation necessary to implement such plan and the department's timeline for implementation of such plan.