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| 1 | - | THE SENATE S.B. NO. 2682 THIRTY-SECOND LEGISLATURE, 2024 S.D. 1 STATE OF HAWAII | |
| 1 | + | THE SENATE S.B. NO. 2682 THIRTY-SECOND LEGISLATURE, 2024 S.D. 1 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 | THE SENATE S.B. NO. 2682 | |
| 4 | 4 | THIRTY-SECOND LEGISLATURE, 2024 S.D. 1 | |
| 5 | - | STATE OF HAWAII | |
| 5 | + | STATE OF HAWAII | |
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| 7 | 7 | THE SENATE | |
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| 9 | 9 | S.B. NO. | |
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| 11 | 11 | 2682 | |
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| 13 | 13 | THIRTY-SECOND LEGISLATURE, 2024 | |
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| 15 | 15 | S.D. 1 | |
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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 | - | SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§321- | |
| 47 | + | SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§321- 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 recommendations 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. (b) The department of health shall adopt recommendations to implement this section. The recommendations shall include but not be limited to: (1) Subject to subsection (c), a recommendation that a minor residing in the State shall be considered at high risk for lead exposure and tested according to the Early and Periodic Screening, Diagnostic, and Treatment guidelines for children enrolled in medicaid; and (2) Procedures for entering the information described in subsection (a)(2) on the minor's record of testing, 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 adjust the recommendation in subsection (b)(1) 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 recommendations 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. | |
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| 49 | 49 | SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: | |
| 50 | 50 | ||
| 51 | - | "§321- | |
| 51 | + | "§321- Lead poisoning; testing; minors; exemption. (a) Beginning January 1, 2025, a physician treating a minor patient shall complete the following: | |
| 52 | 52 | ||
| 53 | - | (1) | |
| 53 | + | (1) Test the minor patient for lead poisoning, or order the test for the minor patient at certain intervals using methods pursuant to recommendations adopted by the department of health; and | |
| 54 | 54 | ||
| 55 | - | (2) Make an entry of the | |
| 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. | |
| 56 | 56 | ||
| 57 | 57 | (b) The department of health shall adopt recommendations to implement this section. The recommendations shall include but not be limited to: | |
| 58 | 58 | ||
| 59 | - | (1) Subject to subsection (c), a recommendation that a minor residing in the State shall be considered at high risk for lead exposure and tested according to the Early and Periodic Screening, Diagnostic, and Treatment | |
| 59 | + | (1) Subject to subsection (c), a recommendation that a minor residing in the State shall be considered at high risk for lead exposure and tested according to the Early and Periodic Screening, Diagnostic, and Treatment guidelines for children enrolled in medicaid; and | |
| 60 | 60 | ||
| 61 | - | (2) Procedures for entering the | |
| 61 | + | (2) Procedures for entering the information described in subsection (a)(2) on the minor's record of testing, including but not limited to procedures for entering the information if testing is performed by a person other than a physician. | |
| 62 | 62 | ||
| 63 | - | (c) The department of health may adjust the recommendation in subsection (b)(1) 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 | |
| 63 | + | (c) The department of health may adjust the recommendation in subsection (b)(1) 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 recommendations 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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| 65 | 65 | (d) This section shall not apply to a minor whose parent, guardian, or individual in loco parentis objects to testing." | |
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| 67 | 67 | SECTION 2. New statutory material is underscored. | |
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| 69 | - | SECTION 3. This Act shall take effect | |
| 69 | + | SECTION 3. This Act shall take effect upon its approval. | |
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| 71 | - | Report Title: DOH; Minors; Lead Poisoning; Lead Screening Tests; Mandatory Testing; Recommendations; Exemption Description: Beginning 1/1/2025, requires physicians to perform or order lead screening tests for minor patients at certain intervals as recommended by the Department of Health and make an entry of the lead screening test in the minor patient's record. Requires the Department of Health to adopt recommendations for lead screening tests. Provides certain exemptions for the mandatory lead screening tests of minors for lead poisoning. Effective 7/1/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 71 | + | 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 recommendations. Provides certain exemptions for the mandatory lead poisoning testing of minors. (SD1) 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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| 77 | 79 | Report Title: | |
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| 79 | - | DOH; Minors; Lead Poisoning; | |
| 81 | + | DOH; Minors; Lead Poisoning; Mandatory Testing; Requirements; Rules; Exemption | |
| 80 | 82 | ||
| 81 | 83 | ||
| 82 | 84 | ||
| 83 | 85 | Description: | |
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| 85 | - | Beginning 1/1/2025, requires physicians to perform or order lead | |
| 87 | + | 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 recommendations. Provides certain exemptions for the mandatory lead poisoning testing of minors. (SD1) | |
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| 93 | 95 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |