PRINTER'S NO. 57
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. 19870H0054B0057 - 2 -
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. L30L35JLW/19870H0054B0057 - 3 -