Bill Text: IL SB2996 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Lead Poisoning Prevention Act. Makes a technical change in a Section concerning the short title.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Passed) 2018-08-03 - Public Act . . . . . . . . . 100-0723 [SB2996 Detail]

Download: Illinois-2017-SB2996-Chaptered.html



Public Act 100-0723
SB2996 EnrolledLRB100 19847 MJP 35123 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Lead Poisoning Prevention Act is amended by
changing Sections 2, 7, and 14 as follows:
(410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
Sec. 2. Definitions. As used in this Act:
"Child care facility" means any structure used by a child
care provider licensed by the Department of Children and Family
Services or public or private school structure frequented by
children 6 years of age or younger.
"Childhood Lead Risk Questionnaire" means the
questionnaire developed by the Department for use by physicians
and other health care providers to determine risk factors for
children 6 years of age or younger residing in areas designated
as low risk for lead exposure.
"Delegate agency" means a unit of local government or
health department approved by the Department to carry out the
provisions of this Act.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Dwelling unit" means an individual unit within a
residential building used as living quarters for one household.
"Elevated blood lead level" means a blood lead level in
excess of the those considered within the permissible limits as
established under State and federal rules.
"Exposed surface" means any interior or exterior surface of
a regulated facility.
"High risk area" means an area in the State determined by
the Department to be high risk for lead exposure for children 6
years of age or younger. The Department may consider, but is
not limited to, the following factors to determine a high risk
area: age and condition (using Department of Housing and Urban
Development definitions of "slum" and "blighted") of housing,
proximity to highway traffic or heavy local traffic or both,
percentage of housing determined as rental or vacant, proximity
to industry using lead, established incidence of elevated blood
lead levels in children, percentage of population living below
200% of federal poverty guidelines, and number of children
residing in the area who are 6 years of age or younger.
"Lead abatement" means any approved work practices that
will permanently eliminate lead exposure or remove the
lead-bearing substances in a regulated facility. The
Department shall establish by rule which work practices are
approved or prohibited for lead abatement.
"Lead abatement contractor" means any person or entity
licensed by the Department to perform lead abatement and
mitigation.
"Lead abatement supervisor" means any person employed by a
lead abatement contractor and licensed by the Department to
perform lead abatement and lead mitigation and to supervise
lead workers who perform lead abatement and lead mitigation.
"Lead abatement worker" means any person employed by a lead
abatement contractor and licensed by the Department to perform
lead abatement and mitigation.
"Lead activities" means the conduct of any lead services,
including, lead inspection, lead risk assessment, lead
mitigation, or lead abatement work or supervision in a
regulated facility.
"Lead-bearing substance" means any item containing or
coated with lead such that the lead content is more than
six-hundredths of one percent (0.06%) lead by total weight; or
any dust on surfaces or in furniture or other nonpermanent
elements of the regulated facility; or any paint or other
surface coating material containing more than five-tenths of
one percent (0.5%) lead by total weight (calculated as lead
metal) in the total non-volatile content of liquid paint; or
lead-bearing substances containing greater than one milligram
per square centimeter or any lower standard for lead content in
residential paint as may be established by federal law or rule;
or more than 1 milligram per square centimeter in the dried
film of paint or previously applied substance; or item or dust
on item containing lead in excess of the amount specified in
the rules authorized by this Act or a lower standard for lead
content as may be established by federal law or rule.
"Lead-bearing substance" does not include firearm ammunition
or components as defined by the Firearm Owners Identification
Card Act.
"Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans.
"Lead hazard screen" means a lead risk assessment that
involves limited dust and paint sampling for lead-bearing
substances and lead hazards. This service is used as a
screening tool designed to determine if further lead
investigative services are required for the regulated
facility.
"Lead inspection" means a surface-by-surface investigation
to determine the presence of lead-based paint.
"Lead inspector" means an individual who has been trained
by a Department-approved training program and is licensed by
the Department to conduct lead inspections; to sample for the
presence of lead in paint, dust, soil, and water; and to
conduct compliance investigations.
"Lead mitigation" means the remediation, in a manner
described in Section 9, of a lead hazard so that the
lead-bearing substance does not pose an immediate health hazard
to humans.
"Lead poisoning" means the condition of having an elevated
blood lead level. blood lead levels in excess of those
considered safe under State and federal rules.
"Lead risk assessment" means an on-site investigation to
determine the existence, nature, severity, and location of lead
hazards. "Lead risk assessment" includes any lead sampling and
visual assessment associated with conducting a lead risk
assessment and lead hazard screen and all lead sampling
associated with compliance investigations.
"Lead risk assessor" means an individual who has been
trained by a Department-approved training program and is
licensed by the Department to conduct lead risk assessments,
lead inspections, and lead hazard screens; to sample for the
presence of lead in paint, dust, soil, water, and sources for
lead-bearing substances; and to conduct compliance
investigations.
"Lead training program provider" means any person
providing Department-approved lead training in Illinois to
individuals seeking licensure in accordance with the Act.
"Low risk area" means an area in the State determined by
the Department to be low risk for lead exposure for children 6
years of age or younger. The Department may consider the
factors named in "high risk area" to determine low risk areas.
"Owner" means any person, who alone, jointly, or severally
with others:
(a) Has legal title to any regulated facility, with or
without actual possession of the regulated facility, or
(b) Has charge, care, or control of the regulated
facility as owner or agent of the owner, or as executor,
administrator, trustee, or guardian of the estate of the
owner.
"Person" means any individual, partnership, firm, company,
limited liability company, corporation, association, joint
stock company, trust, estate, political subdivision, State
agency, or any other legal entity, or their legal
representative, agent, or assign.
"Regulated facility" means a residential building or child
care facility.
"Residential building" means any room, group of rooms, or
other interior areas of a structure designed or used for human
habitation; common areas accessible by inhabitants; and the
surrounding property or structures.
(Source: P.A. 98-690, eff. 1-1-15.)
(410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
Sec. 7. Reports of lead poisoning required; lead
information to remain confidential; disclosure prohibited.
Every physician who diagnoses, or a health care provider,
nurse, hospital administrator, or public health officer who has
verified information of the existence of a blood lead test
result for any child or pregnant person shall report the result
to the Department. Results identifying an elevated blood lead
level in excess of the permissible limits set forth in rules
adopted by the Department shall be reported to the Department
within 48 hours of receipt of verification. Reports shall
include the name, address, laboratory results, date of birth,
and any other information about the child or pregnant person
deemed essential by the Department. Directors of clinical
laboratories must report to the Department, within 48 hours of
receipt of verification, all blood lead analyses equal to or
above an elevated blood lead level above permissible limits set
forth in rule performed in their facility. The information
included in the clinical laboratories report shall include, but
not be limited to, the child's name, address, date of birth,
name of physician ordering analysis, and specimen type. All
blood lead levels less than an elevated blood lead level the
permissible limits set forth in rule must be reported to the
Department in accordance with rules adopted by the Department.
These rules shall not require reporting in less than 30 days
after the end of the month in which the results are obtained.
All information obtained by the Department from any source and
all information, data, reports, e-mails, letters, and other
documents generated by the Department or any of its delegate
agencies concerning any person subject to this Act receiving a
blood lead test shall be treated in the same manner as
information subject to the provisions of Part 21 of Article
VIII of the Code of Civil Procedure and shall not be disclosed.
This prohibition on disclosure extends to all information and
reports obtained or created by the Department or any of its
delegate agencies concerning any regulated facility that has
been identified as a potential lead hazard or a source of lead
poisoning. This prohibition on disclosure does not prevent the
Department or its delegates from using any information it
obtains civilly, criminally, or administratively to prosecute
any person who violates this Act, nor does it prevent the
Department or its delegates from disclosing any certificate of
compliance, notice, or mitigation order issued pursuant to this
Act. Any physician, nurse, hospital administrator, director of
a clinical laboratory, public health officer, or allied health
professional making a report in good faith shall be immune from
any civil or criminal liability that otherwise might be
incurred from the making of a report.
(Source: P.A. 98-690, eff. 1-1-15.)
(410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
Sec. 14. Departmental rules and activities. The Department
shall establish and publish rules governing permissible limits
of lead in and about regulated facilities.
No later than 180 days after the effective date of this
amendatory Act of the 100th General Assembly, the Department
shall submit proposed amended rules to the Joint Committee on
Administrative Rules to update: the definition of elevated
blood lead level to be in accordance with the most recent
childhood blood lead level reference value from the federal
Centers for Disease Control and Prevention; the current
requirements for the inspection of regulated facilities
occupied by children based on the updated definition of
elevated blood lead level or the history of lead hazards; and
any other existing rules that will assist the Department in its
efforts to prevent, reduce, or mitigate the negative impact of
instances of lead poisoning among children. The changes made to
this Section by this amendatory Act of the 100th General
Assembly do not preclude subsequent rulemaking by the
Department.
The Department shall also initiate activities that:
(a) Either provide for or support the monitoring and
validation of all medical laboratories and private and
public hospitals that perform lead determination tests on
human blood or other tissues.
(b) Subject to Section 7.2 of this Act, provide
laboratory testing of blood specimens for lead content to
any physician, hospital, clinic, free clinic,
municipality, or private organization that cannot secure
or provide the services through other sources. The
Department shall not assume responsibility for blood lead
analysis required in programs currently in operation.
(c) Develop or encourage the development of
appropriate programs and studies to identify sources of
lead intoxication and assist other entities in the
identification of lead in children's blood and the sources
of that intoxication.
(d) Provide technical assistance and consultation to
local, county, or regional governmental or private
agencies for the promotion and development of lead
poisoning prevention programs.
(e) Provide recommendations by the Department on the
subject of identification, case management, and treatment
of lead poisoning.
(f) Maintain a clearinghouse of information, and will
develop additional educational materials, on (i) lead
hazards to children, (ii) lead poisoning prevention, (iii)
blood lead testing, (iv) lead mitigation, lead abatement,
and disposal, and (v) health hazards during lead abatement.
The Department shall make this information available to the
general public.
(Source: P.A. 98-690, eff. 1-1-15.)
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