PRINTER'S NO. 57

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 54 Session of 1987


        INTRODUCED BY PETRARCA, GEIST, ITKIN, J. L. WRIGHT, PISTELLA,
           BORTNER, RYBAK, STABACK, FOX, TIGUE, BALDWIN, VEON,
           CAPPABIANCA, KOSINSKI, KUKOVICH, DISTLER, FEE, VAN HORNE,
           JOHNSON, STEVENS, TRELLO, J. TAYLOR, CARN, PRESTON AND
           LaGROTTA, JANUARY 28, 1987

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JANUARY 28, 1987

                                     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.
    16     Every child determined to be at risk of undue lead absorption
    17  and of lead poisoning according to standards for the Statewide

     1  program adopted by the Department of Health shall be eligible
     2  for service under this act.
     3  Section 3.  Powers and duties of Department of Health.
     4     The Department of Health may provide financial support to
     5  State, district, county or local governmental or private
     6  agencies for the establishment of local lead poisoning
     7  detection, treatment or prevention projects which agree to
     8  provide screening, diagnostic, treatment, educational and
     9  followup services as required under the standards established
    10  for the Statewide program. The department shall designate high
    11  risk areas of the Commonwealth by priority order, which shall
    12  include, as a minimum, those communities with a population of
    13  25,000 or more which have expected percentages of children aged
    14  five or younger with elevated blood levels higher than the
    15  Commonwealth average and those communities designated as being
    16  required to inspect for and regulate automobile exhaust
    17  emissions in accordance with Federal or State law.
    18  Section 4.  Annual screening for certain children.
    19     Children aged five and younger who participate under the
    20  Early Periodic Screening, Diagnosis and Treatment Program
    21  (EPSDTP) shall receive a screening test for undue lead
    22  absorption and lead poisoning at least once during each year the
    23  child receives EPSDTP services under the Department of Public
    24  Welfare.
    25  Section 5.  Annual report.
    26     The Department of Health will publish an annual report which
    27  will include, as a minimum, the number of children aged five and
    28  younger screened within the year and the number found to have
    29  elevated blood lead levels.
    30  Section 6.  Immunity.
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     1     No physician, nurse, government employee, agency employee or
     2  other citizen shall be liable for civil damages as a result of
     3  an act, or the omission of an act, committed while rendering
     4  services in good faith and in accordance with the provisions of
     5  this act.
     6  Section 7.  Use of funds.
     7     Funds provided by this act may not be used to replace local
     8  or Federal funding provided for the same purposes as funds
     9  provided under this act for programs in existence on the
    10  effective date of this act. Commonwealth funds may, however, be
    11  used in addition to Federal or local funds for expansion of
    12  current programs or initiation of childhood lead poisoning
    13  detection, treatment or prevention programs in new geographic
    14  areas not yet served in the Commonwealth.
    15  Section 8.  Appropriation.
    16     The sum of $2,500,000 is hereby appropriated to the
    17  Department of Health for the fiscal year July 1, 1987, to June
    18  30, 1988, to carry out the provisions of this act.
    19  Section 9.  Effective date.
    20     This act shall take effect July 1, 1987, or immediately,
    21  whichever is later.






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