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--B Cal. No. 1226 2021-2022 Regular Sessions IN SENATE February 22, 2021 ___________ Introduced by Sens. RIVERA, KENNEDY, BROUK, GOUNARDES, HOYLMAN, RAMOS, SANDERS -- 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 commit- tee -- 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 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 in an area of 19 high risk; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09876-06-1S. 5024--B 2 1 (f) develop and update as necessary, in consultation with the New York 2 state advisory council on lead poisoning prevention, a standardized lead 3 exposure risk assessment questionnaire that shall be available on the 4 department's website for primary health care providers to utilize pursu- 5 ant to subdivision two-a of section one thousand three hundred seventy-c 6 of this title. 7 § 3. Section 1370-c of the public health law is amended by adding a 8 new subdivision 2-a to read as follows: 9 2-a. Every primary health care provider shall conduct a lead exposure 10 risk assessment questionnaire provided by the department beginning at 11 least six months and continuing until the age of six at each routine 12 well-child visit, or at least annually if a child has not had routine 13 well-child visits. 14 § 4. Section 1370-d of the public health law, as added by chapter 485 15 of the laws of 1992, is amended to read as follows: 16 § 1370-d. Lead screening of child care [or], pre-school, pre-kinder- 17 garten or kindergarten enrollees. 1. Except as provided pursuant to 18 regulations of the department, each child care provider, public and 19 private nursery school [and], pre-school, and pre-kindergarten or 20 kindergarten licensed, certified or approved by any state or local agen- 21 cy shall, prior to or within three months after initial enrollment of a 22 child under six years of age, obtain from a parent or guardian of the 23 child evidence that said child has been screened for lead. 24 2. Whenever there exists no evidence of lead screening as provided for 25 in subdivision one of this section or other acceptable evidence of the 26 child's screening for lead, the child care provider, principal, teacher, 27 owner or person in charge of the nursery school [or], pre-school, or 28 pre-kindergarten or kindergarten shall provide the parent or guardian of 29 the child with information on lead poisoning in children and lead 30 poisoning prevention and refer the parent or guardian to a primary care 31 provider or the local health authority. 32 3. (a) If any parent or guardian to such child is unable to obtain 33 lead testing, such person may present such child to the health officer 34 of the county in which the child resides, who shall then perform or 35 arrange for the required screening. 36 (b) The local public health district shall develop and implement a fee 37 schedule for households with incomes in excess of two hundred percent of 38 the federal poverty level for lead screening pursuant to section six 39 hundred six of this chapter, which shall vary depending on patient 40 household income. 41 § 5. Paragraph (d) of subdivision 8 of section 2168 of the public 42 health law, as amended by chapter 154 of the laws of 2013, subparagraph 43 (i) as amended by section 7 of part MM of chapter 57 of the laws of 44 2018, is amended to read as follows: 45 (d) The following authorized users shall have access to the statewide 46 immunization information system and the blood lead information in such 47 system and the citywide immunization registry for the purposes stated in 48 this paragraph: (i) schools for the purpose of verifying immunization 49 status for eligibility for admission, for the purpose of confirming a 50 student has been screened for lead when enrolling in child care, pre- 51 school, pre-kindergarten or kindergarten, and for the provision of 52 appropriate educational materials developed by the department pursuant 53 to section thirteen hundred seventy-a of this chapter on the dangers of 54 lead exposure, and the health risks associated with elevated blood lead 55 levels to the parents or legal guardians of the student with an elevated 56 blood lead level, as such term is defined in subdivision six of sectionS. 5024--B 3 1 thirteen hundred seventy of this chapter, as well as information on 2 programs that may be available to the student and the parents or legal 3 guardians of the student; (ii) colleges for verifying immunization 4 status for eligibility for admission; (iii) professional and technical 5 schools for verifying immunization status for eligibility for admission; 6 (iv) children's overnight camps and summer day camps for verifying 7 immunization status of children attending camp; (v) third party payer 8 for performing quality assurance, accountability and outreach, relating 9 to enrollees covered by the third party payer; (vi) commissioners of 10 local social services districts with regard to a child in his/her legal 11 custody; (vii) the commissioner of the office of children and family 12 services with regard to children in their legal custody, and for quality 13 assurance and accountability of commissioners of local social services 14 districts, care and treatment of children in the custody of commission- 15 ers of local social services districts; and (viii) WIC programs for the 16 purposes of verifying immunization and lead testing status for those 17 seeking or receiving services. 18 § 6. This act shall take effect immediately.
