Bill Text: NY S05024 | 2021-2022 | General Assembly | Amended
Bill Title: Provides for prevention and screening for elevated lead levels in children.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2022-08-17 - SIGNED CHAP.532 [S05024 Detail]
Download: New_York-2021-S05024-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5024--D Cal. No. 275 2021-2022 Regular Sessions IN SENATE February 22, 2021 ___________ Introduced by Sens. RIVERA, KENNEDY, BIAGGI, BROUK, GAUGHRAN, GOUNARDES, HOYLMAN, JACKSON, MAY, RAMOS, SANDERS, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said commit- tee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law, in relation to prevention and screening for elevated lead levels in children The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Dakota's Law". 2 § 2. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the 3 public health law, paragraph (c) as amended by section 4 of part A of 4 chapter 58 of the laws of 2009, and paragraph (d) as added by chapter 5 485 of the laws of 1992, are amended and two new paragraphs (e) and (f) 6 are added to read as follows: 7 (c) establish a statewide registry of lead levels of children provided 8 such information is maintained as confidential except for (i) disclosure 9 for medical treatment purposes; (ii) disclosure of non-identifying 10 epidemiological data; and (iii) disclosure of information from such 11 registry to the statewide immunization information system established by 12 section twenty-one hundred sixty-eight of this chapter; [and] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09876-11-2S. 5024--D 2 1 (d) develop and implement public education and community outreach 2 programs on lead exposure, detection and risk reduction[.]; 3 (e) require primary health care providers to provide the parent or 4 guardian of each child under six years of age anticipatory guidance on 5 lead poisoning prevention as part of routine care, including but not 6 limited to contact information for the state-designated childhood lead 7 poisoning primary prevention program serving their county; and 8 (f) develop and update as necessary, in consultation with the New York 9 state advisory council on lead poisoning prevention, a standardized lead 10 exposure risk assessment questionnaire that shall be available on the 11 department's website for primary health care providers to utilize pursu- 12 ant to subdivision two-a of section thirteen hundred seventy-c of this 13 title. 14 § 3. Section 1370-c of the public health law is amended by adding a 15 new subdivision 2-a to read as follows: 16 2-a. Every primary health care provider shall conduct a lead exposure 17 risk assessment questionnaire provided by the department for each child 18 who is at least six months of age and continuing until six years of age 19 at each routine well-child visit, or at least annually if a child has 20 not had routine well-child visits. 21 § 4. Section 1370-d of the public health law, as added by chapter 485 22 of the laws of 1992, is amended to read as follows: 23 § 1370-d. Lead screening of child care [or], pre-school, pre-kinder- 24 garten or kindergarten enrollees. 1. Except as provided pursuant to 25 regulations of the department, each child care provider, public and 26 private nursery school [and], pre-school, and pre-kindergarten or 27 kindergarten licensed, certified or approved by any state or local agen- 28 cy shall, prior to or within three months after initial enrollment of a 29 child under six years of age, obtain from a parent or guardian of the 30 child evidence that said child has been screened for lead. 31 2. Whenever there exists no evidence of lead screening as provided for 32 in subdivision one of this section or other acceptable evidence of the 33 child's screening for lead, the child care provider, principal, teacher, 34 owner or person in charge of the nursery school [or], pre-school, or 35 pre-kindergarten or kindergarten shall provide the parent or guardian of 36 the child with information on lead poisoning in children and lead 37 poisoning prevention and refer the parent or guardian to a primary care 38 provider or the local health authority. 39 3. (a) If any parent or guardian to such child is unable to obtain 40 lead testing, such person may present such child to the health officer 41 of the county in which the child resides, who shall then perform or 42 arrange for the required screening. 43 (b) The local public health district shall develop and implement a fee 44 schedule for households with incomes in excess of two hundred percent of 45 the federal poverty level for lead screening pursuant to section six 46 hundred six of this chapter, which shall vary depending on patient 47 household income. 48 § 5. Paragraph (d) of subdivision 8 of section 2168 of the public 49 health law, as amended by chapter 154 of the laws of 2013, subparagraph 50 (i) as amended by chapter 733 of the laws of 2021, is amended to read as 51 follows: 52 (d) The following authorized users shall have access to the statewide 53 immunization information system and the blood lead information in such 54 system and the citywide immunization registry for the purposes stated in 55 this paragraph: (i) schools for the purpose of verifying immunization 56 status for eligibility for admission, for the purpose of confirming aS. 5024--D 3 1 student has been screened for lead when enrolling in child care, pre- 2 school, pre-kindergarten or kindergarten, and for the provision of 3 appropriate educational materials developed by the department pursuant 4 to section thirteen hundred seventy-a of this chapter on the dangers of 5 lead exposure, and the health risks associated with elevated blood lead 6 levels to the parents or legal guardians of the student with an elevated 7 blood lead level, as such term is defined in subdivision six of section 8 thirteen hundred seventy of this chapter, as well as information on 9 programs that may be available to the student and the parents or legal 10 guardians of the student, provided that, for every school that has 11 applied for and been granted access to identifiable registrant informa- 12 tion pursuant to this subdivision, the department shall make available 13 the capability to batch download sets of immunization records of only 14 those children under their administrative responsibility; (ii) colleges 15 for verifying immunization status for eligibility for admission; (iii) 16 professional and technical schools for verifying immunization status for 17 eligibility for admission; (iv) children's overnight camps and summer 18 day camps for verifying immunization status of children attending camp; 19 (v) third party payer for performing quality assurance, accountability 20 and outreach, relating to enrollees covered by the third party payer; 21 (vi) commissioners of local social services districts with regard to a 22 child in his/her legal custody; (vii) the commissioner of the office of 23 children and family services with regard to children in their legal 24 custody, and for quality assurance and accountability of commissioners 25 of local social services districts, care and treatment of children in 26 the custody of commissioners of local social services districts; and 27 (viii) WIC programs for the purposes of verifying immunization and lead 28 testing status for those seeking or receiving services. 29 § 6. This act shall take effect immediately.
