PRINTER'S NO. 2857
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1994
Session of
2018
INTRODUCED BY O'BRIEN, READSHAW, SCHLOSSBERG, RABB, BARBIN,
BRIGGS, V. BROWN, DRISCOLL, KINSEY, THOMAS AND YOUNGBLOOD,
JANUARY 3, 2018
REFERRED TO COMMITTEE ON HEALTH, JANUARY 3, 2018
AN ACT
Providing for blood lead testing of certain children by health
care providers; and imposing duties on the Department of
Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Childhood
Blood Lead Test Act.
Section 2. Legislative findings.
The General Assembly finds that:
(1) Lead is a naturally occurring element that is toxic
to humans when ingested or inhaled.
(2) Severe lead poisoning causes convulsions,
intellectual disabilities, seizures and sometimes death; low-
level exposure to lead reduces intelligence, delays cognitive
growth and impairs physical development.
(3) Children who are in utero or less than seven years
of age are most sensitive to lead poisoning because their
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brains and nervous systems are still developing.
(4) The only way to diagnose a child with an elevated
blood lead level is through a blood test.
(5) The health and development of children is endangered
by chipping or peeling lead-based paint or lead-contaminated
dust or soil in homes and neighborhoods throughout this
Commonwealth.
(6) Other sources of lead exposure can be through lead
service lines for drinking water and lead solder used in
drinking water lines, and lead in consumer products such as
toys, foods, cosmetics and ceramics are also of concern.
Section 3. Legislative purpose.
The purposes of this act are:
(1) To promote the elimination of childhood lead
poisoning in this Commonwealth with the purpose of
establishing a system predicated on cost-effective, health-
protective measures to evaluate and control lead-based paint
hazards in housing built prior to 1978.
(2) To substantially reduce, and eventually eliminate,
the incidence of childhood lead poisoning in this
Commonwealth.
(3) To increase the supply of lead-safe housing in this
Commonwealth which measures have been taken to reduce
substantially the risk of childhood lead poisoning.
(4) To improve public awareness of lead safety issues
and educate both property owners and tenants about practices
that can reduce the incidence of lead poisoning.
(5) To require the testing of all children in this
Commonwealth at one and two years of age so that prompt
diagnosis and treatment, as well as the prevention of harm,
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are possible.
Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Blood lead test." A blood lead draw whether by capillary,
venous or unknown sample type on a child that produces a
quantifiable result and is analyzed by a Clinical Laboratory
Improvement Amendments-certified facility or an approved
portable device.
"Department." the Department of Health of the Commonwealth.
"Elevated Blood Lead Level." A single blood lead test
whether capillary or venous, at or above the Centers for Disease
Control reference range value, currently established at 5
micrograms per deciliter.
Section 5. Lead poisoning prevention.
(a) Lead testing requirements.--
(1) A health care provider shall make reasonable efforts
to ensure that patients under the heal care provider's care
receive a blood lead test between nine and twelve months of
age and again at approximately 24 months of age.
(2) If the results of the blood lead test indicate an
elevated blood lead level, the heal care provider shall
perform a confirmatory blood lead test by venipuncture within
12 weeks of the first blood lead test.
(3) Health care providers and laboratories shall comply
with reporting regulations as specified in 28 Pa. Code ยง
27.34 (relating to reporting cases of lead poisoning).
(b) Nonapplicability.--The testing requirements in this
section shall not apply if a child's parent or legal guardian
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objects in writing to the blood lead test on religious grounds
or on the basis of a strong moral or ethical conviction similar
to a religious belief.
Section 6. Duties of department.
(a) Comprehensive educational program.--The department shall
conduct a public information campaign to inform parents of young
children, physicians, nurses and other health care providers of
the lead testing requirements of this act.
(b) Distribution of literature about childhood lead
poisoning.--
(1) The department shall provide culturally and
linguistically appropriate educational materials regarding
childhood lead poisoning, the importance of testing for
elevated lead levels, prevention of childhood lead poisoning,
treatment of childhood lead poisoning, remediation and, when
appropriate, the requirements of this act.
(2) Educational materials shall be available at no cost
and will be developed for specific audiences, including
health care providers, homeowners, landlords and parents or
caregivers.
Section 7. Effective date.
This act shall take effect in 60 days.
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