NY State Senate Bill 2017-S9078

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	referred to health delivered to assembly passed senate ordered to third reading cal.1994
Jun 15, 2018	referred to rules

Votes

- Jun 19, 2018 - Floor Vote
  S9078
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Jun 19, 2018 - Rules Committee Vote
  S9078
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Gianaris
      
      Griffo

2017-S9078 (ACTIVE) - Details

See Assembly Version of this Bill:: A11267
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1370 & 1370-a, Pub Health L

2017-S9078 (ACTIVE) - Summary

Provides for the conduct of lead case management by the department of health and local departments of health based on the blood level of a child; establishes protocol for blood levels based on various micrograms.

2017-S9078 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9078

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the definition of elevated blood lead levels

 
PURPOSE:

This bill will protect the health of children in New York State by
lowering the statutory standard for elevated blood lead levels to
reflect current scientific guidance.

 
SUMMARY OF PROVISIONS:

Section 1: amends the definition of "elevated lead levels" set forth in
subdivision 6 of § 1370 of the Public Health Law to lower the level of
lead in whole blood requiring action under the Childhood Lead Poisoning
Prevention Program from the current level of 10 micrograms of lead per
deciliter of whole blood (pg/dL) to 5 pg/dL.  The section also clarifies
that the statutory authorization for the Department of Health to estab-
lish a different blood lead level (BLL) by regulation only permits it to

establish a level lower than 5 pg/dL.

Section 2: amends section 1370-a the Lead Poisoning Prevention Program,
to include CDC guidance

Section 3: sets an effective date for this act.

 
JUSTIFICATION:

When the Legislature enacted the "Lead Poisoning Prevention Act" in
1992, it incorporated a recommendation issued by the U.S. Centers for
Disease Control (CDC). In 1991 the CDC had recommended a BLL of 10 pg/dL
or greater as an action level for children and an advisory level for
environmental and educational intervention. In 2012, the CDC lowered the
recommended BLL to 5 pg/dL. Although the Department of Health is author-
ized under the statute to prescribe a different level by regulation, to
date it has taken no action.

To set its recommendation, the CDC uses a reference value based on the
97.5th percentile of the BLL distribution among children 1 -5 years old
in the United States. As public health efforts continue, this value is
expected to decrease. The CDC reconsiders its recommendation every four
years, and is currently considering lowering its recommended BLL to 3.5
pg/dL.

Lead is toxic and can cause neurological damage to children at any
level. The CDC has stated that no safe blood level in children has been
identified. Nevertheless, it still expects that children whose blood
tests higher than the reference level - that is, whose blood level is
higher than 97.5% of children in the U.S - should benefit from a public
health response. Blood test data from 2014 reported by the CDC indicates
that over 6000 children in New York City and almost 2000 children in
other parts of the state had BLLs between 5 and 9 pg/dL. This bill will
improve the State's efforts to protect children's health and will ensure
that any future changes in the CDC's recommendations receive prompt
consideration.

 
LEGISLATIVE HISTORY:
New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one-hundred and twenty days after enactment.

2017-S9078 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9078
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to the definition  of
   elevated blood lead levels
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 6 of section 1370 of the public health law,  as
 amended  by  chapter  485  of  the  laws  of 1992, is amended to read as
 follows:
   6. "Elevated lead levels" means a blood lead  level  greater  than  or
 equal  to  [ten] FIVE micrograms of lead per deciliter of whole blood or
 such LOWER blood lead level as may  be  established  by  the  department
 pursuant to rule or regulation.
   §  2. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the
 public health law, paragraph (c) as amended by section 4 of  part  A  of
 chapter 58 of the laws of 2009, paragraph (d) as added by chapter 485 of
 the  laws  of 1992, are amended and a new paragraph (e) is added to read
 as follows:
   (c) establish a statewide registry of lead levels of children provided
 such information is maintained as confidential except for (i) disclosure
 for medical  treatment  purposes;  (ii)  disclosure  of  non-identifying
 epidemiological  data;  and  (iii)  disclosure  of information from such
 registry to the statewide immunization information system established by
 section twenty-one hundred sixty-eight of this chapter; [and]
   (d) develop and implement  public  education  and  community  outreach
 programs on lead exposure, detection and risk reduction; AND
   (E)  PROVIDE  FOR  THE  CONDUCT  OF  LEAD  CASE MANAGEMENT BY BOTH THE
 DEPARTMENT AND LOCAL DEPARTMENTS OF HEALTH BASED ON THE BLOOD LEAD LEVEL
 OF A CHILD AS FOLLOWS:
   (I) A BLOOD LEAD LEVEL GREATER THAN OR EQUAL  TO  FIVE  MICROGRAMS  OF
 LEAD  PER DECILITER OF WHOLE BLOOD SHALL REQUIRE A ROUTINE ASSESSMENT OF
 NUTRITIONAL AND DEVELOPMENTAL MILESTONES, ALONG  WITH  AN  ENVIRONMENTAL
 ASSESSMENT  BASED ON A DETAILED HISTORY TO IDENTIFY POTENTIAL SOURCES OF
 LEAD EXPOSURE, INCLUDE NUTRITIONAL COUNSELING  RELATED  TO  CALCIUM  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16266-01-8

 S. 9078                             2
 
 IRON  INTAKE  AND  FOLLOW-UP  BLOOD LEAD LEVEL MONITORING AT RECOMMENDED
 INTERVALS BASED ON THE CHILD'S AGE;
   (II)  A  BLOOD  LEAD  LEVEL GREATER THAN OR EQUAL TO TEN MICROGRAMS OF
 LEAD PER DECILITER OF WHOLE BLOOD SHALL REQUIRE A ROUTINE ASSESSMENT  OF
 NUTRITIONAL  AND  DEVELOPMENTAL  MILESTONES, ALONG WITH AN ENVIRONMENTAL
 ASSESSMENT BASED ON A DETAILED HISTORY  AND  AN  ENVIRONMENTAL  INVESTI-
 GATION WITH A HOME VISIT TO IDENTIFY POTENTIAL SOURCES OF LEAD EXPOSURE,
 INCLUDE  NUTRITIONAL  COUNSELING  RELATED  TO  CALCIUM  AND IRON INTAKE,
 CONSIDER LAB WORK TO ASSESS IRON STATUS AND FOLLOW-UP BLOOD  LEAD  LEVEL
 MONITORING AT RECOMMENDED INTERVALS;
   (III) A BLOOD LEVEL GREATER THAN OR EQUAL TO TWENTY MICROGRAMS OF LEAD
 PER  DECILITER OF WHOLE BLOOD SHALL REQUIRE A COMPLETE HISTORY AND PHYS-
 ICAL EXAMINATION, A NEURODEVELOPMENTAL ASSESSMENT, ALONG WITH  AN  ENVI-
 RONMENTAL  INVESTIGATION OF THE HOME AND LEAD HAZARD REDUCTION, LAB WORK
 ON IRON STATUS, HEMOGLOBIN OR HEMATOCRIT, ALSO AN ABDOMINAL  X-RAY  WITH
 BOWEL DECONTAMINATION IF INDICATED, AND FOLLOW-UP BLOOD LEAD LEVEL MONI-
 TORING AT RECOMMENDED INTERVALS;
   (IV) A BLOOD LEAD LEVEL GREATER THAN OR EQUAL TO FORTY-FIVE MICROGRAMS
 OF  LEAD  PER  DECILITER OF WHOLE BLOOD SHALL REQUIRE A COMPLETE HISTORY
 AND PHYSICAL EXAMINATION, A COMPLETE NEUROLOGICAL EXAM INCLUDING  NEURO-
 DEVELOPMENT  ASSESSMENT,  AN ENVIRONMENTAL INVESTIGATION OF THE HOME AND
 LEAD HAZARD REDUCTION, LAB WORK ON IRON STATUS,  HEMOGLOBIN  OR  HEMATO-
 CRIT,  AN  ABDOMINAL X-RAY WITH BOWEL DECONTAMINATION IF INDICATED, ALSO
 ORAL CHELATION THERAPY WITH CONSIDERATION OF HOSPITALIZATION IF  A  LEAD
 SAFE ENVIRONMENT CANNOT BE ASSURED, AND FOLLOW-UP BLOOD LEAD LEVEL MONI-
 TORING AT RECOMMENDED INTERVALS; AND
   (V)  A BLOOD LEAD LEVEL GREATER THAN OR EQUAL TO SEVENTY MICROGRAMS OF
 LEAD PER DECILITER OF WHOLE BLOOD  SHALL  REQUIRE  HOSPITALIZATION  WITH
 CHELATION  THERAPY IN CONJUNCTION WITH CONSULTATION WITH A MEDICAL TOXI-
 COLOGIST OR A PEDIATRIC ENVIRONMENTAL HEALTH SPECIALTY UNIT AND  FOLLOW-
 ING  ADDITIONAL  ACTIONS ACCORDING TO INTERVENTIONS FOR BLOOD LEAD LEVEL
 GREATER THAN OR EQUAL TO FORTY-FIVE MICROGRAMS OF LEAD PER DECILITER  AS
 SET FORTH IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S9078

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 19, 2018 - Floor Vote

Floor Vote: Jun 19, 2018

Jun 19, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 19, 2018

2017-S9078 (ACTIVE) - Details

2017-S9078 (ACTIVE) - Summary

2017-S9078 (ACTIVE) - Sponsor Memo

2017-S9078 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9078

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Assembly Committee

2017-S9078 (ACTIVE) - Details

2017-S9078 (ACTIVE) - Summary

2017-S9078 (ACTIVE) - Sponsor Memo

2017-S9078 (ACTIVE) - Bill Text download pdf

Comments