PRINTER'S NO. 3254
No. 2327 Session of 1984
INTRODUCED BY PETRARCA, RIEGER, ARTY, McCALL, KASUNIC,
VAN HORNE, KUKOVICH, PETRONE, RYBAK, FEE, B. SMITH, RUDY,
REBER, PRESTON, HERMAN, BELARDI, GEIST, PISTELLA, PRATT,
CIMINI, LINTON, COLAFELLA, BELFANTI, COY, DeLUCA, SALOOM,
HARPER, STEWART, DOMBROWSKI, GALLAGHER, TELEK, BLAUM,
CAPPABIANCA, WARGO, GRUITZA, McMONAGLE, CLARK, LEVIN, COHEN,
FATTAH, COLE, CARN, EVANS, MARKOSEK, LLOYD, DUFFY, JAROLIN,
FREEMAN, OLASZ, LIVENGOOD, LETTERMAN, ALDERETTE AND GAMBLE,
JUNE 19, 1984
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 19, 1984
AN ACT
1 To provide for the prevention, detection, treatment and followup
2 of cases of undue lead absorption and lead poisoning among
3 certain children; and making an appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Statewide program.
7 In accordance with adopted standards consistent with accepted
8 public health practice and the recommendations of the Centers
9 for Disease Control, the Department of Health shall establish a
10 Statewide program for the prevention, screening, diagnosis,
11 treatment, and medical and environmental followup of cases of
12 undue lead absorption and lead poisoning among children aged
13 five years and younger. A summary of the Statewide program shall
14 be made public.
15 Section 2. Eligible persons.
1 Every child determined to be at risk of undue lead absorption
2 and of lead poisoning according to standards for the Statewide
3 program adopted by the Department of Health shall be eligible
4 for service under this act.
5 Section 3. Powers and duties of Department of Health.
6 The Department of Health may provide financial support to
7 State, district, county or local governmental or private
8 agencies for the establishment of local lead poisoning
9 detection, treatment or prevention projects which agree to
10 provide screening, diagnostic, treatment, educational and
11 followup services as required under the standards established
12 for the Statewide program. The department shall designate high
13 risk areas of the Commonwealth by priority order, which shall
14 include, as a minimum, those communities with a population of
15 25,000 or more which have expected percentages of children aged
16 five or younger with elevated blood levels higher than the
17 Commonwealth average and those communities designated as being
18 required to inspect for and regulate automobile exhaust
19 emissions in accordance with Federal or State law.
20 Section 4. Annual screening for certain children.
21 Children aged five and younger who participate under the
22 Early Periodic Screening, Diagnosis and Treatment (EPSDT)
23 program shall receive a screening test for undue lead absorption
24 and lead poisoning at least once during each year the child
25 receives EPSDT services under the Department of Public Welfare
26 Program.
27 Section 5. Annual report.
28 The Department of Health will publish an annual report which
29 will include, as a minimum, the number of children aged five and
30 younger screened within the year and the number found to have
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1 elevated blood lead levels.
2 Section 6. Immunity.
3 No physician, nurse, government employee, agency employee or
4 other citizen shall be liable for civil damages as a result of
5 an act, or the omission of an act, committed while rendering
6 services in good faith and in accordance with the provisions of
7 this act.
8 Section 7. Use of funds.
9 Funds provided by this act may not be used to replace local
10 or Federal funding provided for the same purposes as funds
11 provided under this act for programs in existence on the
12 effective date of this act. Commonwealth funds may, however, be
13 used in addition to Federal or local funds for expansion of
14 current programs or initiation of childhood lead poisoning
15 detection, treatment or prevention programs in new geographic
16 areas not yet served in the Commonwealth.
17 Section 8. Appropriation.
18 The sum of $2,500,000, is hereby appropriated to the
19 Department of Health for the fiscal year July 1, 1984, to June
20 30, 1985, to carry out the purposes of this act.
21 Section 9. Effective date.
22 This act shall take effect July 1, 1984 or, if enacted
23 subsequent to that date, then immediately.
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