Hawaii 2024 Regular Session

Hawaii House Bill HB2156 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2156 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to lead poisoning. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2156
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	2156
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to lead poisoning.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 325, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§325- Lead poisoning; testing; minors; exemption. (a) Beginning January 1, 2025, a physician treating a minor patient shall complete the following: (1) Test the minor patient for lead poisoning, or order the test for the minor patient at certain intervals using methods pursuant to rules adopted by the department of health; and (2) If the physician performs the test described in paragraph (1), the physician shall make an entry of the testing on the minor patient's record that is maintained pursuant to section 325-33. (b) The department of health shall adopt rules pursuant to chapter 91 to implement this section. The rules shall include but not be limited to: (1) Subject to subsection (c), a requirement that a minor residing in the State is tested at the following ages: (A) Twelve months of age and twenty-four months of age; or (B) If the minor has no previous record of the test required pursuant to subsection (a), between twenty-four months of age and seventy-two months of age; (2) Identification of geographic areas in the State that pose a high risk for childhood lead poisoning and a requirement that a minor who is four years of age be tested if the minor resides in an area designated by the department of health; (3) Factors to identify a minor who is at high risk for lead poisoning shall include but not be limited to: (A) Residing in a home where other minors have been diagnosed with lead poisoning; and (B) Residing in a home that was built before 1978; (4) A requirement that minors be tested at intervals determined by the department of health if a physician determines that the minor is at high risk for lead poisoning by applying the factors in paragraph (3), through a parent's attestation or through the physician's own independent medical judgment; and (5) Procedures for entering the information described in subsection (a)(2) on the minor's record of testing that is maintained pursuant to section 325-33, including but not limited to procedures for entering the information if testing is performed by a person other than a physician. (c) The department of health may, by rule, adjust the age requirements in subsection (b)(1) or eliminate the testing requirement if, after collecting and reviewing data on lead poisoning in the State for five years, the department of health determines that testing minors at the ages set by subsection (b)(1) is no longer necessary or appropriate to maintain the health and safety of minors who reside in the State. If the department of health adjusts the ages or eliminates the requirement in subsection (b)(1) pursuant to this section, the department of health shall submit a report of its findings and rationale to the legislature twenty days prior to the convening of the next regular session. (d) This section shall not apply to a minor whose parent, guardian, or individual in loco parentis objects to testing." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 325, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§325- Lead poisoning; testing; minors; exemption. (a) Beginning January 1, 2025, a physician treating a minor patient shall complete the following:
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53	53	(1) Test the minor patient for lead poisoning, or order the test for the minor patient at certain intervals using methods pursuant to rules adopted by the department of health; and
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55	55	(2) If the physician performs the test described in paragraph (1), the physician shall make an entry of the testing on the minor patient's record that is maintained pursuant to section 325-33.
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57	57	(b) The department of health shall adopt rules pursuant to chapter 91 to implement this section. The rules shall include but not be limited to:
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59	59	(1) Subject to subsection (c), a requirement that a minor residing in the State is tested at the following ages:
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61	61	(A) Twelve months of age and twenty-four months of age; or
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63	63	(B) If the minor has no previous record of the test required pursuant to subsection (a), between twenty-four months of age and seventy-two months of age;
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65	65	(2) Identification of geographic areas in the State that pose a high risk for childhood lead poisoning and a requirement that a minor who is four years of age be tested if the minor resides in an area designated by the department of health;
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67	67	(3) Factors to identify a minor who is at high risk for lead poisoning shall include but not be limited to:
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69	69	(A) Residing in a home where other minors have been diagnosed with lead poisoning; and
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71	71	(B) Residing in a home that was built before 1978;
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73	73	(4) A requirement that minors be tested at intervals determined by the department of health if a physician determines that the minor is at high risk for lead poisoning by applying the factors in paragraph (3), through a parent's attestation or through the physician's own independent medical judgment; and
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75	75	(5) Procedures for entering the information described in subsection (a)(2) on the minor's record of testing that is maintained pursuant to section 325-33, including but not limited to procedures for entering the information if testing is performed by a person other than a physician.
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77	77	(c) The department of health may, by rule, adjust the age requirements in subsection (b)(1) or eliminate the testing requirement if, after collecting and reviewing data on lead poisoning in the State for five years, the department of health determines that testing minors at the ages set by subsection (b)(1) is no longer necessary or appropriate to maintain the health and safety of minors who reside in the State. If the department of health adjusts the ages or eliminates the requirement in subsection (b)(1) pursuant to this section, the department of health shall submit a report of its findings and rationale to the legislature twenty days prior to the convening of the next regular session.
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79	79	(d) This section shall not apply to a minor whose parent, guardian, or individual in loco parentis objects to testing."
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81	81	SECTION 2. New statutory material is underscored.
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83	83	SECTION 3. This Act shall take effect upon its approval.
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87	87	INTRODUCED BY: _____________________________
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89	89	INTRODUCED BY:
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91	91	_____________________________
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97	97	Report Title: DOH; Minors; Lead Poisoning; Mandatory Testing; Requirements; Rules; Exemption Description: Beginning 1/1/2025, requires physicians to perform or order test for lead poisoning in minor patients at certain intervals, and if the physician performs the test, the results to be included in the minor patient's record of immunization. Requires the Department of Health to adopt rules. Provides certain exemptions for the mandatory lead poisoning testing of minors. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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105	105	Report Title:
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107	107	DOH; Minors; Lead Poisoning; Mandatory Testing; Requirements; Rules; Exemption
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111	111	Description:
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113	113	Beginning 1/1/2025, requires physicians to perform or order test for lead poisoning in minor patients at certain intervals, and if the physician performs the test, the results to be included in the minor patient's record of immunization. Requires the Department of Health to adopt rules. Provides certain exemptions for the mandatory lead poisoning testing of minors.
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121	121	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.