S T A T E O F N E W Y O R K
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1805
2019-2020 Regular Sessions
I N A S S E M B L Y
January 17, 2019
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Introduced by M. of A. M. G. MILLER -- read once and referred to the
Committee on Education
AN ACT to amend the public health law, in relation to lead screening of
any child entering pre-kindergarten, 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. 1. OFFICERS OR EMPLOYEES OF THE STATE, A
SCHOOL DISTRICT, A BOARD OR COOPERATIVE EDUCATIONAL SERVICES, A CHARTER
SCHOOL, AN APPROVED PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS WITH
DISABILITIES APPROVED PURSUANT TO PARAGRAPH E, F, G OR H OF SUBDIVISION
TWO OF SECTION FORTY-FOUR HUNDRED ONE OF THE EDUCATION LAW, AN APPROVED
PROVIDER OF PRESCHOOL SPECIAL EDUCATION APPROVED PURSUANT TO SECTION
FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW OR A STATE-SUPPORTED SCHOOL
OPERATING PURSUANT TO ARTICLE FORTY-FIVE OF THE EDUCATION LAW, SHALL,
PRIOR TO THE BEGINNING OF THE SCHOOL YEAR, OBTAIN FROM THE PARENT OR
GUARDIAN OF ALL CHILDREN IN PRE-KINDERGARTEN, KINDERGARTEN, SECOND OR
FOURTH GRADE, 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, SUCH SCHOOL SHALL PROVIDE SUCH PARENT OR
GUARDIAN OF SUCH CHILD WITH INFORMATION ON LEAD POISONING IN CHILDREN
AND LEAD POISONING PREVENTION AND REFER SUCH 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 SUCH REQUIRED SCREENING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00356-01-9
A. 1805 2
(B) THE LOCAL PUBLIC HEALTH DISTRICT SHALL DEVELOP AND IMPLEMENT A FEE
SCHEDULE FOR HOUSEHOLDS WITH INCOMES BELOW 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.