Bill Text: NH HB1642 | 2022 | Regular Session | Amended


Bill Title: Relative to lead testing in children.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2022-03-31 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/31/2022 House Journal 9 [HB1642 Detail]

Download: New_Hampshire-2022-HB1642-Amended.html

HB 1642-FN - AS AMENDED BY THE HOUSE

 

17Feb2022... 0443h

2022 SESSION

22-2592

07/10

 

HOUSE BILL 1642-FN

 

AN ACT relative to lead testing in children.

 

SPONSORS: Rep. Grassie, Straf. 11; Rep. Knirk, Carr. 3; Rep. Langley, Hills. 8; Rep. Woods, Merr. 23; Sen. Watters, Dist 4; Rep. Chretien, Hills. 42; Rep. Meuse, Rock. 29

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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AMENDED ANALYSIS

 

This bill establishes a blood lead level testing requirement for children entering day care and public schools.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17Feb2022... 0443h 22-2592

07/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to lead testing in children.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Health and Sanitation; Physical Examination of Pupils; Lead Testing Requirement.  Amend RSA 200:32 to read as follows:

200:32  Physical Examination of Pupils.  There shall be a complete physical examination by a licensed physician, physician assistant, or advanced practice registered nurse of each child prior to or upon first entry into the public school system and thereafter as often as deemed necessary by the local school authority.  The result of the child's physical examination shall be presented to the local school officials on a form provided by the local school authorities.  The form shall include at least one result of blood lead level testing required under RSA 130-A:5-a, RSA 130-A:5-b, or RSA 130-A:5-c, unless the child is exempted under RSA 130-A:5-c.  If the child has not had a blood lead level test at the time of first entry to school, they shall be grated 6 months to remedy the deficiency.  No physical examination shall be required of a child whose parent or guardian objects thereto in writing on the grounds that such physical examination is contrary to the child's religious tenets and teachings.

2  Child Day Care, Residential Care, and Child-Placing Agencies; Records; Lead Testing Required.  Amend RSA 170-E:19 to read as follows:

170-E:19  Records.  Every child day care agency shall keep and maintain such records as the department shall prescribe by rule pertaining to the admission, progress, health and discharge of children under the care of the child day care agency and shall report relative to such matters to the department whenever called for, upon forms prescribed by rule.  Health forms shall include at least one result of blood lead level testing required under RSA 130-A:5-a, RSA 130-A:5-b, or RSA 130-A:5-c.  At least one blood lead level test result shall be a requirement for entry in child day care facilities for children over age 9 months, unless the child is exempted under RSA 130-A:5-c.  If the child has not had a blood level test at the time of admission, they shall be granted 6  months to remedy the deficiency. All records regarding children and all facts learned about children and their relatives shall be kept confidential both by the child day care agency and by the department.

3  Effective Date.  This act shall take effect January 1, 2023.

 

LBA

22-2592

12/22/21

 

HB 1642-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to lead testing in children.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$1,200,600

$156,700

$161,000

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill:

  1. Requires that the form provided by the Department of Health and Human Services to local public school officials for reporting the results of a child's physical examination include one result of blood lead level testing, and requires schools to provide the results to the Department.  The Department is then required to report the results in publicly-shared community health profiles.
  2. Requires that the form pertaining to admission, progress, health, and discharge provided by a child day care agency include one result of blood lead level testing.  Further requires that at least one test be a requirement for entry into day care facilities, that such facilities report the results to the Department, and that the Department report the results in publicly-shared community health profiles.
  3. Requires health care providers to report, on a form developed by the Department, an accounting of all children referred for blood lead level testing and the results of such tests at least annually.

 

The Department states that in order to fully implement the requirements of the bill, the following will be necessary:

 

  • The Department will need to establish a data-sharing process with each individual school (or school district), as well as each individual licensed childcare facility in the state.  The Department notes that there are approximately 102 school administrative units (SAU) and more than 700 licensed childcare facilities in the state.
  • The Department will need to de-identify and aggregate the data collected in order to share it publicly while complying with data privacy and data reliability standards.
  • The Department will need to monitor compliance with blood lead testing requirements on the part of the 700 licensed childcare facilities.
  • A new data system will need to be developed to store the additional data elements required by the bill, requiring the Department to do the following:
    • Establish a contract with a software vendor to develop and purchase a data system to transfer and store required data elements;
    • Secure necessary software licenses;
    • Establish a secure file transfer protocol site or a secure file data portal that would allow schools and childcare facilities to report information to the Department; and
    • Establish a reporting mechanism for the health care systems, schools, and childcare facilities to report the names and number of children that they serve.

 

The Department anticipates a cost of $850,000 to purchase a new database system meeting the bill's requirements.  Additional costs are estimated at $250,000 for the development of a vendor contract, data system development, and Department of Information Technology (DOIT) resources. Ongoing maintenance for the data system is estimated at $50,000 per year.

 

In addition to the costs noted above, the Department states it will need to hire one full-time Senior Management Analyst (labor grade 26, starting at step 5).  The costs for that position are as follows:

 

 

FY 2023

FY 2024

FY 2025

     Salary

 $        59,800

 $        64,700

 $        67,300

     Benefits

 $        31,300

 $        35,000

 $        36,700

     Other

 $         9,500

 $         7,000

 $         7,000

          Position Total

 $     100,600

 $     106,700

 $     111,000

 

 

It is assumed that the fiscal impact will begin in FY23.

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

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