S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7325
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2021
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  prevention  and
   screening for elevated lead levels in children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "Dakota's Law".
   § 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, and paragraph (d) as  added  by  chapter
 485  of the laws of 1992, are amended and two new paragraphs (e) and (f)
 are 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[.];
   (E)  REQUIRE  PRIMARY  HEALTH  CARE PROVIDERS TO PROVIDE THE PARENT OR
 GUARDIAN OF EACH CHILD UNDER SIX YEARS OF AGE ANTICIPATORY  GUIDANCE  ON
 LEAD  POISONING  PREVENTION  AS  PART OF ROUTINE CARE, INCLUDING BUT NOT
 LIMITED TO THEIR RIGHT TO AN INSPECTION IF THE CHILD IS AT RISK OF  LEAD
 EXPOSURE; AND
   (F) DEVELOP AND UPDATE AS NECESSARY, IN CONSULTATION WITH THE NEW YORK
 STATE ADVISORY COUNCIL ON LEAD POISONING PREVENTION, A STANDARDIZED LEAD
 EXPOSURE  RISK  ASSESSMENT  QUESTIONNAIRE THAT SHALL BE AVAILABLE ON THE
 DEPARTMENT'S WEBSITE FOR PRIMARY HEALTH CARE PROVIDERS TO UTILIZE PURSU-
 ANT TO SUBDIVISION TWO-A OF SECTION ONE THOUSAND THREE HUNDRED SEVENTY-C
 OF THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09876-04-1

 A. 7325                             2
 
   § 3. Section 1370-c of the public health law is amended  by  adding  a
 new subdivision 2-a to read as follows:
   2-A.  EVERY PRIMARY HEALTH CARE PROVIDER SHALL CONDUCT A LEAD EXPOSURE
 RISK ASSESSMENT QUESTIONNAIRE PROVIDED BY THE  DEPARTMENT  BEGINNING  AT
 LEAST  SIX  MONTHS  AND  CONTINUING UNTIL THE AGE OF SIX AT EACH ROUTINE
 WELL-CHILD VISIT, OR AT LEAST ANNUALLY IF A CHILD HAS  NOT  HAD  ROUTINE
 WELL-CHILD VISITS.
   §  4. 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,  PRE-KINDER-
 GARTEN  OR  KINDERGARTEN  enrollees.  1.  Except as provided pursuant to
 regulations of the department, each  child  care  provider,  public  and
 private  nursery  school  [and],  pre-school,  AND  PRE-KINDERGARTEN  OR
 KINDERGARTEN licensed, certified or approved by any state or local agen-
 cy shall, prior to or within three months after initial enrollment of  a
 child  under  six  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
 PRE-KINDERGARTEN 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.
   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.
   §  5.  Paragraph  (d)  of  subdivision 8 of section 2168 of the public
 health law, as amended by chapter 154 of the laws of 2013,  subparagraph
 (i)  as  amended  by  section  7 of part MM of chapter 57 of the laws of
 2018, is amended to read as follows:
   (d) The following authorized users shall have access to the  statewide
 immunization  information  system and the blood lead information in such
 system and the citywide immunization registry for the purposes stated in
 this paragraph: (i) schools for the purpose  of  verifying  immunization
 status  for  eligibility  for admission, for the purpose of confirming a
 student has been screened for lead when enrolling in  child  care,  pre-
 school,  PRE-KINDERGARTEN  or  kindergarten,  and  for  the provision of
 appropriate educational materials developed by the  department  pursuant
 to  section thirteen hundred seventy-a of this chapter on the dangers of
 lead exposure, and the health risks associated with elevated blood  lead
 levels to the parents or legal guardians of the student with an elevated
 blood  lead level, as such term is defined in subdivision six of section
 thirteen hundred seventy of this chapter,  as  well  as  information  on
 programs  that  may be available to the student and the parents or legal
 guardians of the  student;  (ii)  colleges  for  verifying  immunization
 status  for  eligibility for admission; (iii) professional and technical
 schools for verifying immunization status for eligibility for admission;
 (iv) children's overnight camps  and  summer  day  camps  for  verifying

 A. 7325                             3
 
 immunization  status  of  children attending camp; (v) third party payer
 for performing quality assurance, accountability and outreach,  relating
 to  enrollees  covered  by  the third party payer; (vi) commissioners of
 local  social services districts with regard to a child in his/her legal
 custody; (vii) the commissioner of the office  of  children  and  family
 services with regard to children in their legal custody, and for quality
 assurance  and  accountability of commissioners of local social services
 districts, care and treatment of children in the custody of  commission-
 ers  of local social services districts; and (viii) WIC programs for the
 purposes of verifying immunization and lead  testing  status  for  those
 seeking or receiving services.
   § 6. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7325--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2021
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES, REYES -- read once and referred
   to the Committee on Health -- reported and referred to  the  Committee
   on  Ways  and  Means  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in  relation  to  prevention  and
   screening for elevated lead levels in children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Dakota's Law".
   § 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, and paragraph (d) as  added  by  chapter
 485  of the laws of 1992, are amended and two new paragraphs (e) and (f)
 are 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[.];
   (E)  REQUIRE  PRIMARY  HEALTH  CARE PROVIDERS TO PROVIDE THE PARENT OR
 GUARDIAN OF EACH CHILD UNDER SIX YEARS OF AGE ANTICIPATORY  GUIDANCE  ON
 LEAD  POISONING  PREVENTION  AS  PART OF ROUTINE CARE, INCLUDING BUT NOT
 LIMITED TO THEIR RIGHT TO AN INSPECTION IF THE CHILD IS IN  AN  AREA  OF
 HIGH RISK; AND
   (F) DEVELOP AND UPDATE AS NECESSARY, IN CONSULTATION WITH THE NEW YORK
 STATE ADVISORY COUNCIL ON LEAD POISONING PREVENTION, A STANDARDIZED LEAD
 EXPOSURE  RISK  ASSESSMENT  QUESTIONNAIRE THAT SHALL BE AVAILABLE ON THE
 DEPARTMENT'S WEBSITE FOR PRIMARY HEALTH CARE PROVIDERS TO UTILIZE PURSU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09876-05-1

 A. 7325--A                          2
 
 ANT TO SUBDIVISION TWO-A OF SECTION ONE THOUSAND THREE HUNDRED SEVENTY-C
 OF THIS TITLE.
   §  3.  Section  1370-c of the public health law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A. EVERY PRIMARY HEALTH CARE PROVIDER SHALL CONDUCT A LEAD  EXPOSURE
 RISK  ASSESSMENT  QUESTIONNAIRE  PROVIDED BY THE DEPARTMENT BEGINNING AT
 LEAST SIX MONTHS AND CONTINUING UNTIL THE AGE OF  SIX  AT  EACH  ROUTINE
 WELL-CHILD  VISIT,  OR  AT LEAST ANNUALLY IF A CHILD HAS NOT HAD ROUTINE
 WELL-CHILD VISITS.
   § 4. 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, PRE-KINDER-
 GARTEN OR KINDERGARTEN enrollees. 1.  Except  as  provided  pursuant  to
 regulations  of  the  department,  each  child care provider, public and
 private  nursery  school  [and],  pre-school,  AND  PRE-KINDERGARTEN  OR
 KINDERGARTEN licensed, certified or approved by any state or local agen-
 cy  shall, prior to or within three months after initial enrollment of a
 child under six 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
 PRE-KINDERGARTEN 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.
   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.
   § 5. Paragraph (d) of subdivision 8 of  section  2168  of  the  public
 health  law, as amended by chapter 154 of the laws of 2013, subparagraph
 (i) as amended by section 7 of part MM of chapter  57  of  the  laws  of
 2018, is amended to read as follows:
   (d)  The following authorized users shall have access to the statewide
 immunization information system and the blood lead information  in  such
 system and the citywide immunization registry for the purposes stated in
 this  paragraph:  (i)  schools for the purpose of verifying immunization
 status for eligibility for admission, for the purpose  of  confirming  a
 student  has  been  screened for lead when enrolling in child care, pre-
 school, PRE-KINDERGARTEN or  kindergarten,  and  for  the  provision  of
 appropriate  educational  materials developed by the department pursuant
 to section thirteen hundred seventy-a of this chapter on the dangers  of
 lead  exposure, and the health risks associated with elevated blood lead
 levels to the parents or legal guardians of the student with an elevated
 blood lead level, as such term is defined in subdivision six of  section
 thirteen  hundred  seventy  of  this  chapter, as well as information on
 programs that may be available to the student and the parents  or  legal
 guardians  of  the  student;  (ii)  colleges  for verifying immunization
 status for eligibility for admission; (iii) professional  and  technical

 A. 7325--A                          3
 
 schools for verifying immunization status for eligibility for admission;
 (iv)  children's  overnight  camps  and  summer  day camps for verifying
 immunization status of children attending camp; (v)  third  party  payer
 for  performing quality assurance, accountability and outreach, relating
 to enrollees covered by the third party  payer;  (vi)  commissioners  of
 local  social services districts with regard to a child in his/her legal
 custody; (vii) the commissioner of the office  of  children  and  family
 services with regard to children in their legal custody, and for quality
 assurance  and  accountability of commissioners of local social services
 districts, care and treatment of children in the custody of  commission-
 ers  of local social services districts; and (viii) WIC programs for the
 purposes of verifying immunization and lead  testing  status  for  those
 seeking or receiving services.
   § 6. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7325--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2021
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES, REYES, OTIS, GALEF -- read once
   and referred to the Committee on Health -- reported  and  referred  to
   the Committee on Ways and Means -- committee discharged, bill amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted to the Committee on Ways  and  Means  in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the public health law, in relation to prevention and
   screening for elevated lead levels in children
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Dakota's Law".
   §  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, and paragraph (d) as added by chapter
 485 of the laws of 1992, are amended and two new paragraphs (e) and  (f)
 are 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[.];
   (E) REQUIRE PRIMARY HEALTH CARE PROVIDERS TO  PROVIDE  THE  PARENT  OR
 GUARDIAN  OF  EACH CHILD UNDER SIX YEARS OF AGE ANTICIPATORY GUIDANCE ON
 LEAD POISONING PREVENTION AS PART OF ROUTINE  CARE,  INCLUDING  BUT  NOT
 LIMITED  TO  THEIR  RIGHT TO AN INSPECTION IF THE CHILD IS IN AN AREA OF
 HIGH RISK; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09876-10-2
 A. 7325--B                          2
              

 
   (F) DEVELOP AND UPDATE AS NECESSARY, IN CONSULTATION WITH THE NEW YORK
 STATE ADVISORY COUNCIL ON LEAD POISONING PREVENTION, A STANDARDIZED LEAD
 EXPOSURE RISK ASSESSMENT QUESTIONNAIRE THAT SHALL BE  AVAILABLE  ON  THE
 DEPARTMENT'S WEBSITE FOR PRIMARY HEALTH CARE PROVIDERS TO UTILIZE PURSU-
 ANT  TO  SUBDIVISION TWO-A OF SECTION THIRTEEN HUNDRED SEVENTY-C OF THIS
 TITLE.
   § 3. Section 1370-c of the public health law is amended  by  adding  a
 new subdivision 2-a to read as follows:
   2-A.  EVERY PRIMARY HEALTH CARE PROVIDER SHALL CONDUCT A LEAD EXPOSURE
 RISK ASSESSMENT QUESTIONNAIRE PROVIDED BY THE  DEPARTMENT  BEGINNING  AT
 LEAST  SIX  MONTHS  AND  CONTINUING UNTIL THE AGE OF SIX AT EACH ROUTINE
 WELL-CHILD VISIT, OR AT LEAST ANNUALLY IF A CHILD HAS  NOT  HAD  ROUTINE
 WELL-CHILD VISITS.
   §  4. 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,  PRE-KINDER-
 GARTEN  OR  KINDERGARTEN  enrollees.  1.  Except as provided pursuant to
 regulations of the department, each  child  care  provider,  public  and
 private  nursery  school  [and],  pre-school,  AND  PRE-KINDERGARTEN  OR
 KINDERGARTEN licensed, certified or approved by any state or local agen-
 cy shall, prior to or within three months after initial enrollment of  a
 child  under  six  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
 PRE-KINDERGARTEN 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.
   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.
   §  5.  Paragraph  (d)  of  subdivision 8 of section 2168 of the public
 health law, as amended by chapter 154 of the laws of 2013,  subparagraph
 (i) as amended by chapter 733 of the laws of 2021, is amended to read as
 follows:
   (d)  The following authorized users shall have access to the statewide
 immunization information system and the blood lead information  in  such
 system and the citywide immunization registry for the purposes stated in
 this  paragraph:   (i) schools for the purpose of verifying immunization
 status for eligibility for admission, for the purpose  of  confirming  a
 student  has  been  screened for lead when enrolling in child care, pre-
 school, PRE-KINDERGARTEN or  kindergarten,  and  for  the  provision  of
 appropriate  educational  materials developed by the department pursuant
 to section thirteen hundred seventy-a of this chapter on the dangers  of
 lead  exposure, and the health risks associated with elevated blood lead
 levels to the parents or legal guardians of the student with an elevated
 blood lead level, as such term is defined in subdivision six of  section
 A. 7325--B                          3
 
 thirteen  hundred  seventy  of  this  chapter, as well as information on
 programs that may be available to the student and the parents  or  legal
 guardians  of  the  student,  provided  that,  for every school that has
 applied  for and been granted access to identifiable registrant informa-
 tion pursuant to this subdivision, the department shall  make  available
 the  capability  to  batch download sets of immunization records of only
 those children under their administrative responsibility; (ii)  colleges
 for  verifying  immunization status for eligibility for admission; (iii)
 professional and technical schools for verifying immunization status for
 eligibility for admission; (iv) children's overnight  camps  and  summer
 day  camps for verifying immunization status of children attending camp;
 (v) third party payer for performing quality  assurance,  accountability
 and  outreach,  relating  to enrollees covered by the third party payer;
 (vi) commissioners of local social services districts with regard  to  a
 child  in his/her legal custody; (vii) the commissioner of the office of
 children and family services with regard  to  children  in  their  legal
 custody,  and  for quality assurance and accountability of commissioners
 of local social services districts, care and treatment  of  children  in
 the  custody  of  commissioners  of local social services districts; and
 (viii) WIC programs for the purposes of verifying immunization and  lead
 testing status for those seeking or receiving services.
   § 6. This act shall take effect immediately.