PRINTER'S NO. 30
No. 35 Session of 1999
INTRODUCED BY HOLL, JANUARY 7, 1999
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 7, 1999
AN ACT
1 Establishing a lead poisoning control program; providing for the
2 powers and duties of the Department of Health with respect to
3 lead poisoning control; granting limited civil immunity to
4 physicians and certain other persons; and requiring reports
5 of cases of lead poisoning.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Lead
10 Poisoning Control Act.
11 Section 2. Legislative findings; declaration of purpose.
12 (a) Findings.--The General Assembly finds as follows:
13 (1) Lead constitutes a serious hazard to the health of
14 the children of this Commonwealth.
15 (2) A significant number of children, especially
16 children who live in older residences, are at risk of
17 ingesting lead-based paint and inhaling dust laden with
18 deteriorating lead-based paint.
19 (3) Lead poisoning is an insidious threat to the health
1 of children and often results in a reduction of intelligence
2 and alteration of behavior.
3 (b) Declaration of purpose.--It is the purpose of this act
4 to safeguard the health of the children of this Commonwealth
5 through lead poisoning abatement and screening programs.
6 Section 3. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Department." The Department of Health of the Commonwealth.
11 "Lead poisoning." The presence in the bloodstream of levels
12 of lead in excess of levels determined to be safe by the United
13 States Public Health Service.
14 Section 4. Lead poisoning control program.
15 The department shall establish a Statewide lead poisoning
16 control program, which shall include, but not be limited to, the
17 following components:
18 (1) The identification of geographic areas of this
19 Commonwealth where children are at substantial risk of
20 suffering from lead poisoning.
21 (2) A procedure for the systematic screening of lead
22 hazards in residential housing.
23 (3) The emergency abatement, by safe and effective
24 means, of residential environmental conditions that have
25 caused or will cause lead poisoning in children.
26 (4) The regular screening for lead poisoning of children
27 five years of age or younger who reside in areas identified
28 under paragraph (1).
29 (5) The medical examination and diagnosis of children
30 who are at substantial risk of lead poisoning.
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1 (6) The medical treatment of children suffering from
2 lead poisoning.
3 (7) A religious accommodation to provide that no child
4 shall be screened, examined, diagnosed or medically treated
5 for lead poisoning if the child's parent or guardian objects
6 thereto on the basis that such activity conflicts with the
7 religious beliefs of the child's parents or guardian.
8 Section 5. Eligibility for program.
9 Every child determined to be at substantial risk of lead
10 poisoning shall be eligible for services under this act.
11 Section 6. Contracts and staff.
12 The department may enter into contracts or agreements with
13 political subdivisions or other departments or agencies of the
14 Commonwealth, with agencies or departments of the Federal
15 Government or with private agencies and may hire persons to
16 carry out the provisions of this act.
17 Section 7. Annual report.
18 The department shall publish an annual report of the lead
19 poisoning control program which shall include, but not be
20 limited to, the number of children five years of age or younger
21 screened within the year and the number found to have elevated
22 blood lead levels.
23 Section 8. Immunity.
24 No physician, nurse, government employee, agency employee or
25 other person shall be liable for civil damages as a result of
26 any act or omission arising out of the rendering of services in
27 accordance with the provisions of this act except any act or
28 omission intentionally designed to harm or any grossly negligent
29 act or omission.
30 Section 9. Reporting requirement.
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1 A physician who diagnoses lead poisoning in a child shall
2 make a prompt report to the department.
3 Section 10. Effective date.
4 This act shall take effect in 60 days.
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