Bill Text: NY S05024 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A 2021-2022 Regular Sessions IN SENATE February 22, 2021 ___________ Introduced by Sen. RIVERA -- 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 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] 13 (d) develop and implement public education and community outreach 14 programs on lead exposure, detection and risk reduction[.]; 15 (e) require primary health care providers to provide the parent or 16 guardian of each child under six years of age anticipatory guidance on 17 lead poisoning prevention as part of routine care, including but not 18 limited to their right to an inspection if the child is at risk of lead 19 exposure; and 20 (f) develop and update as necessary, in consultation with the New York 21 state advisory council on lead poisoning prevention, a standardized lead 22 exposure risk assessment questionnaire that shall be available on the 23 department's website for primary health care providers to utilize pursu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09876-03-1S. 5024--A 2 1 ant to subdivision two-a of section one thousand three hundred seventy-c 2 of this title. 3 § 3. Section 1370-c of the public health law is amended by adding a 4 new subdivision 2-a to read as follows: 5 2-a. Every primary health care provider shall conduct a lead exposure 6 risk assessment questionnaire provided by the department beginning at 7 least six months and continuing until the age of six at each routine 8 well-child visit, or at least annually if a child has not had routine 9 well-child visits. 10 § 4. Section 1370-d of the public health law, as added by chapter 485 11 of the laws of 1992, is amended to read as follows: 12 § 1370-d. Lead screening of child care [or], pre-school, pre-kinder- 13 garten or kindergarten enrollees. 1. Except as provided pursuant to 14 regulations of the department, each child care provider, public and 15 private nursery school [and], pre-school, and pre-kindergarten or 16 kindergarten licensed, certified or approved by any state or local agen- 17 cy shall, prior to or within three months after initial enrollment of a 18 child under six years of age, obtain from a parent or guardian of the 19 child evidence that said child has been screened for lead. 20 2. Whenever there exists no evidence of lead screening as provided for 21 in subdivision one of this section or other acceptable evidence of the 22 child's screening for lead, the child care provider, principal, teacher, 23 owner or person in charge of the nursery school [or], pre-school, or 24 pre-kindergarten or kindergarten shall provide the parent or guardian of 25 the child with information on lead poisoning in children and lead 26 poisoning prevention and refer the parent or guardian to a primary care 27 provider or the local health authority. 28 3. (a) If any parent or guardian to such child is unable to obtain 29 lead testing, such person may present such child to the health officer 30 of the county in which the child resides, who shall then perform or 31 arrange for the required screening. 32 (b) The local public health district shall develop and implement a fee 33 schedule for households with incomes in excess of two hundred percent of 34 the federal poverty level for lead screening pursuant to section six 35 hundred six of this chapter, which shall vary depending on patient 36 household income. 37 § 5. Paragraph (d) of subdivision 8 of section 2168 of the public 38 health law, as amended by chapter 154 of the laws of 2013, subparagraph 39 (i) as amended by section 7 of part MM of chapter 57 of the laws of 40 2018, is amended to read as follows: 41 (d) The following authorized users shall have access to the statewide 42 immunization information system and the blood lead information in such 43 system and the citywide immunization registry for the purposes stated in 44 this paragraph: (i) schools for the purpose of verifying immunization 45 status for eligibility for admission, for the purpose of confirming a 46 student has been screened for lead when enrolling in child care, pre- 47 school, pre-kindergarten or kindergarten, and for the provision of 48 appropriate educational materials developed by the department pursuant 49 to section thirteen hundred seventy-a of this chapter on the dangers of 50 lead exposure, and the health risks associated with elevated blood lead 51 levels to the parents or legal guardians of the student with an elevated 52 blood lead level, as such term is defined in subdivision six of section 53 thirteen hundred seventy of this chapter, as well as information on 54 programs that may be available to the student and the parents or legal 55 guardians of the student; (ii) colleges for verifying immunization 56 status for eligibility for admission; (iii) professional and technicalS. 5024--A 3 1 schools for verifying immunization status for eligibility for admission; 2 (iv) children's overnight camps and summer day camps for verifying 3 immunization status of children attending camp; (v) third party payer 4 for performing quality assurance, accountability and outreach, relating 5 to enrollees covered by the third party payer; (vi) commissioners of 6 local social services districts with regard to a child in his/her legal 7 custody; (vii) the commissioner of the office of children and family 8 services with regard to children in their legal custody, and for quality 9 assurance and accountability of commissioners of local social services 10 districts, care and treatment of children in the custody of commission- 11 ers of local social services districts; and (viii) WIC programs for the 12 purposes of verifying immunization and lead testing status for those 13 seeking or receiving services. 14 § 6. This act shall take effect immediately.
