NY State Senate Bill 2017-S6971A

Archive: Last Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2018	print number 6971a
Apr 25, 2018	amend (t) and recommit to health
Jan 03, 2018	referred to health
Dec 15, 2017	referred to rules

Bill Amendments

Original

A (Active)

2017-S6971 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1370, 2168, 1370-b & 1370-d, Pub Health L

2017-S6971 - Summary

Relates to lead screening and lead poisoning prevention; includes kindergarten students.

2017-S6971 - Sponsor Memo

                                
 
BILL NUMBER: S6971

SPONSOR: HAMILTON
 
TITLE OF BILL:

An act to amend the public health law, in relation to lead screening of
a child entering kindergarten, second or fourth grade

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that children who enter schools be tested for lead poisoning,
this will provide parents the ability to know that their child may be at
risk of elevated lead levels.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 1376b to the public health law. Prior to
the start of a school year, parents or guardians would be required to
provide to the school evidence that that the child has been screened for
lead. Schools shall provide to parents information on lead poisoning and
lead poisoning prevention as well as referral information. The local

department of health would be required to screen the children.

 
JUSTIFICATION:

According the Center for Disease Control, today, at least 4 million
households have children living in them that are exposed to high levels
of lead. There are approximately half a million U.S. children ages 1-5
with blood lead levels above 5 micrograms per deciliter (mg/dL), the
reference level at which CDC recommends public health actions be initi-
ated. New York State Only requires testing of children at age one or
two, it is very possible that children are exposed afterwards but are
never screened because it is not required.

As a result of recent investigation city officials said the city would
offer testing to children six and under living in more than 2,000 NYCHA
apartments that may have lead paint because the city falsely certified
that the apartments were lead free. Parents had the false belief that
children were protected from the dangers of lead because their landlord
was the city of New York.

Even slightly elevated lead levels can cause problems including harming
a childs ability to learn and read, hyperactivity and other behavioral
problems. If not addressed quickly, the problems can be permanent.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal to state to cover expenses depending on the number of children
who are without insurance coverage who see testing.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S6971 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6971
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             December 15, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- 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 lead screening  of
   a child entering kindergarten, second or fourth grade
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 1376-b to read as follows:
   §  1376-B.  LEAD SCREENING OF A CHILD ENTERING KINDERGARTEN, SECOND OR
 FOURTH GRADE. 1. EXCEPT AS  PROVIDED  PURSUANT  TO  REGULATIONS  OF  THE
 DEPARTMENT,  EVERY ELEMENTARY SCHOOL LOCATED IN A CITY WITH A POPULATION
 OF ONE MILLION OR MORE SHALL, PRIOR TO THE BEGINNING OF THE SCHOOL YEAR,
 OBTAIN FROM A PARENT OR GUARDIAN OF THE CHILD EVIDENCE THAT  SAID  CHILD
 HAS BEEN SCREENED FOR LEAD.
   2. WHENEVER THERE EXISTS NO EVIDENCE OF LEAD SCREENING AS PROVIDED FOR
 IN  SUBDIVISION  ONE OF THIS SECTION OR OTHER ACCEPTABLE EVIDENCE OF THE
 CHILD'S SCREENING FOR LEAD, THE  ELEMENTARY  SCHOOL  SHALL  PROVIDE  THE
 PARENT  OR  GUARDIAN  OF THE CHILD WITH INFORMATION ON LEAD POISONING IN
 CHILDREN AND LEAD POISONING PREVENTION AND REFER THE PARENT OR  GUARDIAN
 TO A PRIMARY CARE PROVIDER OR THE LOCAL HEALTH AUTHORITY.
   3.  (A)  IF  ANY  PARENT OR GUARDIAN TO SUCH CHILD IS UNABLE TO OBTAIN
 LEAD TESTING, SUCH PERSON MAY PRESENT SUCH CHILD TO THE  HEALTH  OFFICER
 OF  THE  COUNTY  IN  WHICH  THE CHILD RESIDES, WHO SHALL THEN PERFORM OR
 ARRANGE FOR THE REQUIRED SCREENING.
   (B) THE LOCAL PUBLIC HEALTH DISTRICT SHALL DEVELOP AND IMPLEMENT A FEE
 SCHEDULE FOR HOUSEHOLDS WITH INCOMES IN EXCESS OF TWO HUNDRED PERCENT OF
 THE FEDERAL POVERTY LEVEL FOR LEAD SCREENING  PURSUANT  TO  SECTION  SIX
 HUNDRED  SIX  OF  THIS  CHAPTER,  WHICH  SHALL VARY DEPENDING ON PATIENT
 HOUSEHOLD INCOME.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 S                                                          LBD13857-01-7

co-Sponsors

2017-S6971A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1370, 2168, 1370-b & 1370-d, Pub Health L

2017-S6971A (ACTIVE) - Summary

Relates to lead screening and lead poisoning prevention; includes kindergarten students.

2017-S6971A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6971A

SPONSOR: HAMILTON
 
TITLE OF BILL:  An act to amend the public health law, in relation to
granting schools access to a student's blood lead test results in the
statewide immunization information system; lead screening of child care
or pre-school enrollees and kindergarten students; the definition of
elevated blood levels; and appointments to the advisory council on lead
poisoning prevention

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to verify and confirmed that students have
been screened for an elevated blood level prior to entering child care,
pre-school or kindergarten, The schools will be able to create appropri-
ate educational trainings on lead, and the dangers of lead as well as
programs available for both students and parents/legal guardians.

 
SUMMARY OF PROVISIONS:

Section one amends the public health law to define elevated blood lead

levels shall be the greater than or equal to 5 micrograms per deciliter
of whole blood.

Section two, requires that within ninety days, the department of health
shall adopt all necessary rules to define elevated lead levels.

Section three, amends section 2168 of the public health law to allow
schools to verify immunization status and confirm that a child has in
fact been screened for elevated lead levels.

Section four, this changes the composition of the new York state advi-
sory committee on lead poisoning prevention to require that the of the
public members a minimum of the three shall be appointed by the Speaker
of the Assembly, Temporary President of the Senate and the Governor.

Section five; this adds kindergarten to the list of entities including
childcare and preschool, which require proof of lead testing for admis-
sion.

The local public health district shall develop a program with a fee
schedule for those up to two hundred percent of the federal poverty
level.

 
JUSTIFICATION:

Children are at the highest risk when exposed to lead paint. Once
exposed to dangerous levels, there is no remediation available. Lead
paint exposure can cause gastrointestinal disturbances, hepatic and
renal damage, hypertension, and neurological effects that may be fatal.
If children are over exposed to lead and suffer from lead poisoning,
they can be left with lifelong health issues. According to the World
Health Organization (WHO), "young children absorb 4-5 times as much lead
as adults..."

The reasons children are more vulnerable to the adverse effects of lead
exposure include: 1) the intake of lead per unit body weight is higher,
2) more dust may be ingested, 3) lead absorption in the gastrointestinal

tract is higher, 4) the blood-brain barrier is not yet fully developed,
and 5) neurological effects occur at lower levels than in adults.

By requiring the testing when entering Kindergarten we can be sure
everyone has been screened. Schools shall provide information on the
dangers of lead to students and their parents.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S6971A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6971--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             December 15, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to amend the public health law, in relation to granting schools
   access to a student's blood lead test results in the statewide immuni-
   zation information system; lead screening of child care or  pre-school
   enrollees  and kindergarten students; the definition of elevated blood
   levels; and appointments to the advisory  council  on  lead  poisoning
   prevention
 
   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. (a) Within 90 days after the date on which this act takes effect,
 the department of health shall adopt all necessary regulations to define
 "elevated  lead levels" to mean a blood lead level greater than or equal
 to 5 micrograms per deciliter of whole blood, or such lower  blood  lead
 level  as  the  department  may  establish,  to  be utilized in its lead
 poisoning prevention program.   The department shall  be  authorized  to
 promulgate regulations on an emergency basis to implement the provisions
 of this act.
   (b)  Within 6 months after the date on which the federal department of
 health and human services has published guidance  recommending  a  lower
 concentration of lead in blood than the concentration established pursu-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13857-02-8

 S. 6971--A                          2
 
 ant  to  section  one  of  this act as the reference level for follow-up
 testing, nutritional and developmental  assessments  and  counseling  or
 environmental  assessments  or  investigations, the department of health
 shall  publish a notice of proposed rule making to consider the incorpo-
 ration of such guidance into its regulations.
   § 3. Subparagraph (i) of paragraph (d) of  subdivision  8  of  section
 2168  of the public health law, as amended by chapter 154 of the laws of
 2013, is amended to read as follows:
   (i) schools for THE  PURPOSE  OF  verifying  immunization  status  for
 eligibility  for  admission  AND  FOR THE PURPOSE OF CONFIRMING STUDENTS
 HAVE BEEN SCREENED FOR ELEVATED BLOOD LEAD LEVELS  WHEN  ENTERING  CHILD
 CARE,  PRE-SCHOOL  OR  KINDERGARTEN,  AND IDENTIFYING INDIVIDUAL STUDENT
 BLOOD LEAD INFORMATION FOR  THE  PROVISION  OF  APPROPRIATE  EDUCATIONAL
 TRAINING  ON LEAD AND THE DANGERS OF LEAD TO THE STUDENT AND THE PARENTS
 OR LEGAL GUARDIANS OF THE STUDENT AS WELL  AS  INFORMATION  ON  PROGRAMS
 THAT  ARE AVAILABLE TO THE STUDENT AND THE PARENTS OR LEGAL GUARDIANS OF
 THE STUDENT;
   § 4. Subdivision 1 of section 1370-b of  the  public  health  law,  as
 added  by  section  79  of  part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   1. The New York state advisory council on lead poisoning prevention is
 hereby established in the department, to consist of  the  following,  or
 their  designees:  the  commissioner;  the  commissioner  of  labor; the
 commissioner of environmental conservation; the commissioner of  housing
 and community renewal; the commissioner of children and family services;
 the  commissioner  of temporary and disability assistance; the secretary
 of state; and fifteen public members, OF WHICH NINE SHALL  BE  appointed
 by  the  governor, THREE BY THE SPEAKER OF THE ASSEMBLY AND THREE BY THE
 TEMPORARY PRESIDENT OF THE SENATE.  The  public  members  shall  have  a
 demonstrated  expertise  or interest in lead poisoning prevention and at
 least one public member shall be representative of each of  the  follow-
 ing:  local  government;  community  groups;  labor unions; real estate;
 industry; parents; educators; local housing  authorities;  child  health
 advocates;  environmental groups; professional medical organizations and
 hospitals. The public members of the council shall have fixed  terms  of
 three  years;  except that five of the initial appointments shall be for
 two years and five shall be for one year. The council shall  be  chaired
 by the commissioner or his or her designee.
   §  5. Section 1370-d of the public health law, as added by chapter 485
 of the laws of 1992, is amended to read as follows:
   § 1370-d. Lead screening of child care  or  pre-school  enrollees  AND
 KINDERGARTEN STUDENTS.  1. Except as provided pursuant to regulations of
 the  department,  each  child  care provider, public and private nursery
 school and pre-school licensed, certified or approved by  any  state  or
 local agency, AND EVERY SCHOOL DISTRICT ENROLLING STUDENTS IN KINDERGAR-
 TEN shall, prior to or within three months after initial enrollment of a
 child  under  [six] SEVEN years of age, obtain from a parent or guardian
 of the child evidence that said child has been screened for lead.
   2. Whenever there exists no evidence of lead screening as provided for
 in subdivision one of this section or other acceptable evidence  of  the
 child's screening for lead, the child care provider, principal, teacher,
 owner  or  person  in  charge  of the nursery school [or], pre-school OR
 KINDERGARTEN shall provide the parent or  guardian  of  the  child  with
 information  on lead poisoning in children and lead poisoning prevention
 and refer the parent or guardian to a primary care provider or the local
 health authority.

 S. 6971--A                          3
 
   3. (a) If any parent or guardian to such child  is  unable  to  obtain
 lead  testing,  such person may present such child to the health officer
 of the county in which the child resides,  who  shall  then  perform  or
 arrange for the required screening.
   (b) The local public health district shall develop and implement a fee
 schedule for households with incomes in excess of two hundred percent of
 the  federal  poverty  level  for lead screening pursuant to section six
 hundred six of this chapter,  which  shall  vary  depending  on  patient
 household income.
   § 6. This act shall take effect immediately.

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Senate Bill S6971A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2017-S6971 - Details

2017-S6971 - Summary

2017-S6971 - Sponsor Memo

2017-S6971 - Bill Text download pdf

co-Sponsors

2017-S6971A (ACTIVE) - Details

2017-S6971A (ACTIVE) - Summary

2017-S6971A (ACTIVE) - Sponsor Memo

2017-S6971A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6971A

Share this bill

Sponsored By

Jesse Hamilton

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2017-S6971 - Details

2017-S6971 - Summary

2017-S6971 - Sponsor Memo

2017-S6971 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2017-S6971A (ACTIVE) - Details

2017-S6971A (ACTIVE) - Summary

2017-S6971A (ACTIVE) - Sponsor Memo

2017-S6971A (ACTIVE) - Bill Text download pdf

Comments