PRINTER'S NO. 979
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
969
Session of
2021
INTRODUCED BY ISAACSON, BULLOCK, A. DAVIS, KINKEAD, HOHENSTEIN,
BURGOS, CIRESI, DALEY, DELLOSO, FREEMAN, HERRIN, HILL-EVANS,
HOWARD, KRAJEWSKI, O'MARA, ROZZI, SAMUELSON, SANCHEZ,
SCHLOSSBERG, SIMS, THOMAS, WARREN AND WEBSTER, MARCH 18, 2021
REFERRED TO COMMITTEE ON HEALTH, MARCH 18, 2021
AN ACT
Providing for blood lead testing of certain children by health
care practitioners; 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. 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.
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"Department." The Department of Health of the Commonwealth.
"Health care facility." A hospital or health care facility
that is licensed, certified or otherwise regulated to provide
health care services under the laws of this Commonwealth.
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
Section 3. Lead poisoning prevention.
(a) Notice.--A health care practitioner shall inform a
parent or guardian about the risk factors associated with lead
exposure in children, the importance of lead testing, insurance
coverage for lead testing, prevention of childhood lead
poisoning and lead poisoning treatment and remediation.
(b) Testing.--The following apply:
(1) If, after receiving the information provided under
subsection (a), a parent or guardian agrees to testing, a
child shall receive a blood lead test between nine and 12
months of age and again at approximately 24 months of age. A
health care practitioner providing health care services to
children under two years of age shall perform lead testing on
those children unless the parent or guardian declines the
lead testing or the health care practitioner, after querying
the Statewide registry provided for under section 4(c),
determines that the child has already undergone lead testing.
(2) A child who has not had his blood lead level tested
between approximately nine and 12 months of age and again at
approximately 24 months of age shall have his blood lead
level tested as soon as possible after 24 months of age but
before 72 months of age or upon entry into kindergarten,
whichever is sooner, if the child's parent or guardian agrees
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to the testing.
(b) Additional testing.--If the results of a capillary blood
lead test indicate a blood lead level at or above the reference
value for exposure identified by the Centers for Disease Control
and Prevention, the health care practitioner:
(1) Shall perform a confirmatory blood lead test by
venipuncture within the time frame recommended by the Centers
for Disease Control and Prevention.
(2) May refer a child for an early intervention
neurodevelopmental assessment.
(c) Nonapplicability.--Nothing in this section may prevent a
parent or guardian of a child from declining lead testing.
Section 4. Duties of department.
(a) Comprehensive educational program.--The department shall
conduct a public information campaign to inform parents of young
children, health care practitioners, health care facilities and
other health care providers of the lead testing requirements
under 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, insurance coverage for testing,
including information regarding the Medical Assistance (MA)
Early and Periodic Screening, Diagnostic and Treatment
(EPSDT) program, eligibility criteria and enrollment
procedures, prevention of childhood lead poisoning, treatment
of childhood lead poisoning, remediation and, when
appropriate, the requirements of this act.
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(2) Educational materials shall be available at no cost
and shall be developed for specific audiences, including
health care practitioners, health care facilities, schools,
homeowners, landlords and parents or caregivers.
(3) The educational materials shall be posted on the
department's publicly accessible Internet website in a
downloadable format.
(c) Statewide registry.--The department shall develop an
electronic system to provide for the confidential storage and
management of blood lead testing information that enables a
health care practitioner to review a patient's history to
determine the status of blood lead testing required under this
act.
Section 5. Liability.
A health care practitioner may not be held civilly or
criminally liable for a parent or guardian's refusal of lead
testing under this act.
Section 6. Regulations.
The department shall promulgate rules and regulations
necessary to administer and enforce this act.
Section 7. Effective date.
This act shall take effect in 60 days.
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