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General Assembly Substitute Bill No. 7133
January Session, 2019
AN ACT CONCERNING BL OOD LEAD LEVEL REQUI REMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 19a-111 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
Upon receipt of each report of confirmed venous blood lead level 3
equal to or greater than [twenty] five micrograms per deciliter of 4
blood, the local director of health shall make or cause to be made an 5
epidemiological investigation of the source of the lead causing the 6
increased lead level or abnormal body burden and shall order action to 7
be taken by the appropriate person responsible for the condition that 8
brought about such lead poisoning as may be necessary to prevent 9
further exposure of persons to such poisoning. In the case of any 10
residential unit where such action will not result in removal of the 11
hazard within a reasonable time, the local director of health shall 12
utilize such community resources as are available to effect relocation of 13
any family occupying such unit. The local director of health may 14
permit occupancy in said residential unit during abatement if, in such 15
director's judgment, occupancy would not threaten the health and 16
well-being of the occupants. The local director of health shall, not later 17
than thirty days after the conclusion of such director's investigation, 18
report to the Commissioner of Public Health the result of such 19
investigation and the action taken to ensure against further lead 20 Substitute Bill No. 7133
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poisoning from the same source, including any measures taken to 21
effect relocation of families. Such report shall include information 22
relevant to the identification and location of the source of lead 23
poisoning and such other information as the commissioner may 24
require pursuant to regulations adopted in accordance with the 25
provisions of chapter 54. The commissioner shall maintain 26
comprehensive records of all reports submitted pursuant to this 27
section and section 19a-110, as amended by this act. Such records shall 28
be geographically indexed in order to determine the location of areas 29
of relatively high incidence of lead poisoning. The commissioner shall 30
establish, in conjunction with recognized professional medical groups, 31
guidelines consistent with the National Centers for Disease Control 32
and Prevention for assessment of the risk of lead poisoning, screening 33
for lead poisoning and treatment and follow-up care of individuals 34
including children with lead poisoning, women who are pregnant and 35
women who are planning pregnancy. Nothing in this section shall be 36
construed to prohibit a local building official from requiring abatement 37
of sources of lead. 38
Sec. 2. Subsection (a) of section 17b-808 of the general statutes is 39
repealed and the following is substituted in lieu thereof (Effective 40
October 1, 2019): 41
(a) The Commissioner of Social Services shall provide a special 42
needs benefit for emergency housing to any recipient of payments 43
under the temporary family assistance program and the optional state 44
supplementation program who cannot remain in permanent housing 45
because (1) a judgment has been entered against the recipient in a 46
summary process action instituted pursuant to chapter 832, provided 47
the action was not based on criminal activity, or a judgment has been 48
entered against the recipient in a foreclosure action pursuant to 49
chapter 846; (2) the recipient has left to escape domestic violence; (3) a 50
catastrophic event, such as a fire or flood, has made the permanent 51
housing uninhabitable or the recipient has been ordered to vacate the 52
housing by a local code enforcement official; (4) the recipient shares an 53 Substitute Bill No. 7133
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apartment with a primary tenant who is being evicted or is engaged in 54
criminal activity; (5) the recipient was illegally locked out by a 55
landlord and has filed a police complaint concerning such lockout; (6) 56
the recipient has been living with a tenant who received a preliminary 57
notice under section 47a-15 or a notice to quit because of termination of 58
a rental agreement for lapse of time; or (7) the family has relocated 59
because a child in the family has been found to have a level of lead in 60
the blood equal to or greater than [twenty] five micrograms per 61
deciliter of blood or any other abnormal body burden of lead and the 62
local director of health has determined, after an epidemiological 63
investigation pursuant to section 19a-111, as amended by this act, that 64
the source of the lead poisoning was the residential unit in which the 65
family resided. A person shall be eligible for the benefit under this 66
section provided application is made to the commissioner within forty-67
five days of the loss of permanent housing by the recipient. On and 68
after September 4, 1991, the benefit shall be limited to not more than 69
one occurrence per calendar year and not more than sixty days per 70
occurrence, except that any family receiving the benefit under this 71
section pursuant to subdivision (7) with a child undergoing chelation 72
treatment may receive the benefit for more than one occurrence 73
provided the total number of days the benefit is received by the family 74
for all occurrences is not more than eighty days in any calendar year. 75
Any person receiving a benefit under this section shall agree to reside 76
in any housing which was constructed, renovated or rehabilitated with 77
state or federal financial assistance. Notwithstanding the provisions of 78
this section, any family receiving the benefit under this section 79
pursuant to subdivision (7) shall not be required to reside in any 80
housing in which the paint contains a toxic level of lead as defined by 81
the Commissioner of Public Health in regulations adopted pursuant to 82
section 19a-111, as amended by this act. Under the temporary family 83
assistance program, any person not eligible for the benefit under this 84
section shall be referred to the Department of Social Services' program 85
for emergency shelter services. 86
Sec. 3. Section 19a-110 of the general statutes is repealed and the 87 Substitute Bill No. 7133
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following is substituted in lieu thereof (Effective October 1, 2019): 88
(a) Not later than forty-eight hours after receiving or completing a 89
report of a person found to have a level of lead in the blood equal to or 90
greater than [ten] five micrograms per deciliter of blood or any other 91
abnormal body burden of lead, each institution licensed under sections 92
19a-490 to 19a-503, inclusive, and each clinical laboratory licensed 93
under section 19a-30 shall report to (1) the Commissioner of Public 94
Health, and to the director of health of the town, city, borough or 95
district in which the person resides: (A) The name, full residence 96
address, date of birth, gender, race and ethnicity of each person found 97
to have a level of lead in the blood equal to or greater than [ten] five 98
micrograms per deciliter of blood or any other abnormal body burden 99
of lead; (B) the name, address and telephone number of the health care 100
provider who ordered the test; (C) the sample collection date, analysis 101
date, type and blood lead analysis result; and (D) such other 102
information as the commissioner may require, and (2) the health care 103
provider who ordered the test, the results of the test. With respect to a 104
child under three years of age, not later than seventy-two hours after 105
the provider receives such results, the provider shall make reasonable 106
efforts to notify the parent or guardian of the child of the blood lead 107
analysis results. Any institution or laboratory making an accurate 108
report in good faith shall not be liable for the act of disclosing said 109
report to the Commissioner of Public Health or to the director of 110
health. The commissioner, after consultation with the Commissioner of 111
Administrative Services, shall determine the method and format of 112
transmission of data contained in said report. 113
(b) Each institution or laboratory that conducts lead testing 114
pursuant to subsection (a) of this section shall, at least monthly, submit 115
to the Commissioner of Public Health a comprehensive report that 116
includes: (1) The name, full residence address, date of birth, gender, 117
race and ethnicity of each person tested pursuant to subsection (a) of 118
this section regardless of the level of lead in the blood; (2) the name, 119
address and telephone number of the health care provider who 120 Substitute Bill No. 7133
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ordered the test; (3) the sample collection date, analysis date, type and 121
blood lead analysis result; (4) laboratory identifiers; and (5) such other 122
information as the Commissioner of Public Health may require. Any 123
institution or laboratory making an accurate report in good faith shall 124
not be liable for the act of disclosing said report to the Commissioner 125
of Public Health. The Commissioner of Public Health, after 126
consultation with the Commissioner of Administrative Services, shall 127
determine the method and format of transmission of data contained in 128
said report. 129
(c) Whenever an institutional laboratory or private clinical 130
laboratory conducting blood lead tests pursuant to this section refers a 131
blood lead sample to another laboratory for analysis, the laboratories 132
may agree on which laboratory will report in compliance with 133
subsections (a) and (b) of this section, but both laboratories shall be 134
accountable to insure that reports are made. The referring laboratory 135
shall insure that the requisition slip includes all of the information that 136
is required in subsections (a) and (b) of this section and that this 137
information is transmitted with the blood specimen to the laboratory 138
performing the analysis. 139
(d) The director of health of the town, city, borough or district shall 140
provide or cause to be provided, to the parent or guardian of a child 141
who is (1) known to have a confirmed venous blood lead level of five 142
micrograms per deciliter of blood or more, or (2) the subject of a report 143
by an institution or clinical laboratory, pursuant to subsection (a) of 144
this section, with information describing the dangers of lead 145
poisoning, precautions to reduce the risk of lead poisoning, 146
information about potential eligibility for services for children from 147
birth to three years of age pursuant to sections 17a-248 to 17a-248g, 148
inclusive, and laws and regulations concerning lead abatement. The 149
director of health need only provide, or cause to be provided, such 150
information to such parent or guardian on one occasion after receipt of 151
an initial report of an abnormal blood lead level as described in 152
subdivisions (1) and (2) of this subsection. Such information shall be 153 Substitute Bill No. 7133
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developed by the Department of Public Health and provided to each 154
local and district director of health. With respect to the child reported, 155
the director shall conduct an on-site inspection to identify the source of 156
the lead causing a confirmed venous blood lead level equal to or 157
greater than fifteen micrograms per deciliter but less than twenty 158
micrograms per deciliter in two tests taken at least three months apart 159
and order remediation of such sources by the appropriate persons 160
responsible for the conditions at such source. [On and after January 1, 161
2012, if] If one per cent or more of children in this state under the age 162
of six report blood lead levels equal to or greater than [ten] five 163
micrograms per deciliter, the director shall conduct such on-site 164
inspection and order such remediation for any child having a 165
confirmed venous blood lead level equal to or greater than [ten] five 166
micrograms per deciliter in two tests taken at least three months apart. 167
Sec. 4. Subsections (c) and (d) of section 19a-111j of the general 168
statutes are repealed and the following is substituted in lieu thereof 169
(Effective October 1, 2019): 170
(c) A local health department may directly provide lead poisoning 171
prevention and control services within its geographic coverage area or 172
may contract for the provision of such services. A local health 173
department's case management services shall include medical, 174
behavioral, epidemiological and environmental intervention strategies 175
for each child having one confirmed blood lead level that is equal to, or 176
greater than, [twenty] five micrograms of lead per deciliter of blood or 177
two confirmed blood lead levels, collected from samples taken not less 178
than three months apart, that are equal to, or greater than, [fifteen] 179
three micrograms of lead per deciliter of blood but less than [twenty] 180
five micrograms of lead per deciliter of blood. A local health 181
department shall initiate case management services for such child not 182
later than five business days after the local health department receives 183
the results of a test confirming that the child has a blood lead level as 184
described in this subsection. 185
(d) A local health department's educational services shall include 186 Substitute Bill No. 7133
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the distribution of educational materials concerning lead poisoning 187
prevention to the parent, legal guardian and the appropriate health 188
care provider for each child with a confirmed blood lead level equal to, 189
or greater than, [ten] five micrograms of lead per deciliter of blood. 190
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 19a-111
Sec. 2 October 1, 2019 17b-808(a)
Sec. 3 October 1, 2019 19a-110
Sec. 4 October 1, 2019 19a-111j(c) and (d)
PH Joint Favorable Subst.