ENGROSSED SENATE
BILL NO. 1855 	By:	Crain and Gumm of the Senate

			and

		Cox of the House

An Act relating to public health and safety; amending 63 O.S. 2001, Section 1-114.1, which relates to the Childhood Lead Poisoning Prevention Advisory Council; directing the State Board of Health to promulgate certain rules; modifying membership of certain advisory council; requiring county departments of health to perform certain audits; specifying content of certain audits; requiring certain report; providing for penalties for failure to make certain report; directing the State Department of Health to annually designate certain week; directing the development and implementation of certain campaign; directing the State Department of Health in conjunction with the State Board of Education to develop and implement certain learning unit and advertising campaign; specifying content of certain learning unit and public advertising campaign; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2001, Section 1-114.1, is amended to read as follows:
Section 1-114.1  A.  There is hereby established the Comprehensive Childhood Lead Poisoning Prevention Program to be administered by the State Department of Health.
B.  The State Board of Health shall promulgate rules for:
1.  Lead toxicity screening of children ages six (6) months to seventy-two (72) months;
2.  The performance of verbal risk assessments on children ages six (6) months to seventy-two (72) months;
3.  The performance of blood lead tests when screening eligible children for lead poisoning, provided that screening and testing for Medicaid-eligible children shall be conducted in accordance with existing federal law;
4.  Setting standards for any developmental assessments for a child identified as being lead poisoned;
5.  Identifying as statewide screening requirements the minimum laboratory tests or analysis for childhood lead poisoning to be performed by medical providers for particular age or population groups;
6.  The determination of risk for each child tested;
7.  Detailing the diagnosis, treatment and follow-up services needed pursuant to the provisions of this act;
8.  Providing for health education and counseling related to childhood lead poisoning to parents and children; and
9.  Assessments and lead hazard control as part of the treatment and follow-up for a child identified as being lead poisoned;
10.  Establish procedures for notification to current and future tenants of lead hazards in dwelling units where a child with an elevated blood lead level has been identified;
11.  Establish lead safe standards in dwelling units; and
12.  Establish a regulatory structure and enforcement process that assures electronic reporting of all blood lead levels.
C.  To assist the State Board of Health in establishing criteria, standards and rules necessary to effectuate the provisions of this section, there is hereby created the Childhood Lead Poisoning Prevention Advisory Council.  The Council shall consist of fifteen (15) seven (7) members to be appointed as follows:
1.  Eleven members shall be appointed by the State Commissioner of Health as follows:  a representative of a local housing authority, a representative of a housing industry organization, a local housing code official, a representative of a local housing project, an environmental professional, a public health nurse, a representative of the Oklahoma Chapter of the American Academy of Pediatrics, a representative of the State Medicaid Program, a clinical laboratory director, and two parents; and
2.  The following four ex officio members or their designees:  the State Commissioner of Health, the Executive Director of the Department of Environmental Quality, the Director of the Oklahoma Commission on Children and Youth, and the Director of the Oklahoma Housing Finance Authority.
The terms of office of the appointed members shall be three (3) years by the State Commissioner of Health.
D.	Members shall serve at the pleasure of the appointing authority.  The Council shall recommend to the Board rules for the Comprehensive Childhood Lead Poisoning Prevention Program.  The Council is authorized to utilize the conference rooms of the State Department of Health and to obtain administrative assistance from the Department.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-114.1a of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  Each county department of health shall perform an annual audit of lead toxicity screens of children ages six (6) months to seventy-two (72) months as provided for in Section 1-114.1 of Title 63 of the Oklahoma Statutes.  Each audit shall include information on the number of screened and unscreened children in the specified age group.
B.  Each county department of health shall report the results of the audit to the Legislature within thirty (30) days of completion.  An administrator of a county department of health who knowingly or recklessly fails to report the results of the audit within the specified amount of time shall be subject to disciplinary action, including, but not limited to, suspension or dismissal.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-114.1b of Title 63, unless there is created a duplication in numbering, reads as follows:
The State Department of Health shall annually designate one week of the year as “Heavy Metals Safety Week”.  As part of Heavy Metals Safety Week, the Department shall develop and implement a heavy metals safety campaign.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 114.1c of Title 63, unless there is created a duplication in numbering, reads as follows:
The State Department of Health, in conjunction with the State Board of Education, shall coordinate the development and implementation of an elementary education learning unit and a related public advertising campaign devoted to the effects of exposure to heavy metals.  The learning unit and public advertising campaign shall focus on the dangers facing children and others exposed to heavy metals, the possible sources of lead exposure, and the ways lead exposure may be prevented.
SECTION 5.  This act shall become effective November 1, 2010.
Passed the Senate the 24th day of February, 2010.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2010.

	
Presiding Officer	of the House
	of Representatives