Indiana 2024 Regular Session

Indiana House Bill HB1229 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1229
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-20-1-23.5; IC 16-41-39.4; IC 20-34-3.
7	7	Synopsis: Lead testing. Allows a local health officer to order an
8	8	environmental inspection of a building in which a child who has an
9	9	elevated blood lead level has resided for at least six months. Requires
10	10	a local health department to: (1) identify grants and resources to assist
11	11	property owners and occupants with lead abatement; and (2) publish
12	12	the information on the local health department's website. Requires that
13	13	the guidance developed by the Indiana department of health for health
14	14	care providers for blood lead level screening for children are consistent
15	15	with the federal Centers for Disease Control and Prevention guidelines.
16	16	Amends the requirements for certain health care providers concerning
17	17	childhood blood lead screening. Removes the expiration date of these
18	18	provisions. Beginning in the 2025-2026 school year, requires a
19	19	qualified school to require a child or student who meets specified
20	20	criteria to receive a blood lead screening test. Provides that a child or
21	21	student who meets specified criteria may not be initially enrolled in a
22	22	qualified school unless: (1) the child or student has received a blood
23	23	lead screening test and documentation of the test is provided to the
24	24	qualified school; or (2) if the child's parent, student's parent, or student,
25	25	if the student is an emancipated minor, declines the test, a written
26	26	explanation for declining the test is provided to the qualified school.
27	27	Defines "qualified school" for purposes of these provisions.
28	28	Effective: January 1, 2025.
29	29	Boy
30	30	January 9, 2024, read first time and referred to Committee on Public Health.
31	31	2024 IN 1229—LS 6873/DI 147 Introduced
32	32	Second Regular Session of the 123rd General Assembly (2024)
33	33	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
34	34	Constitution) is being amended, the text of the existing provision will appear in this style type,
35	35	additions will appear in this style type, and deletions will appear in this style type.
36	36	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
37	37	provision adopted), the text of the new provision will appear in this style type. Also, the
38	38	word NEW will appear in that style type in the introductory clause of each SECTION that adds
39	39	a new provision to the Indiana Code or the Indiana Constitution.
40	40	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
41	41	between statutes enacted by the 2023 Regular Session of the General Assembly.
42	42	HOUSE BILL No. 1229
43	43	A BILL FOR AN ACT to amend the Indiana Code concerning
44	44	health.
45	45	Be it enacted by the General Assembly of the State of Indiana:
46	46	1 SECTION 1. IC 16-20-1-23.5 IS ADDED TO THE INDIANA
47	47	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
48	48	3 [EFFECTIVE JANUARY 1, 2025]: Sec. 23.5. (a) As used in this
49	49	4 section, "elevated blood lead level" means a blood lead level of at
50	50	5 least five (5) micrograms of lead per deciliter of whole blood.
51	51	6 (b) A local health officer may order an environmental inspection
52	52	7 of a building in which a child who:
53	53	8 (1) is less than six (6) years of age;
54	54	9 (2) has been identified as having an elevated blood lead level;
55	55	10 and
56	56	11 (3) has resided in the building for at least six (6) months;
57	57	12 to ensure that the child receives appropriate case management
58	58	13 services, including determining whether the child has consumed a
59	59	14 food product (such as commercial baby food or food pouches) that
60	60	15 may contain lead.
61	61	16 (c) A local health department shall:
62	62	17 (1) identify grants and other resources to assist property
63	63	2024 IN 1229—LS 6873/DI 147 2
64	64	1 owners and occupants with lead abatement of lead
65	65	2 contaminated property; and
66	66	3 (2) publish the grant information described in subdivision (1)
67	67	4 on the local health department's website.
68	68	5 SECTION 2. IC 16-41-39.4-10, AS ADDED BY P.L.80-2022,
69	69	6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
70	70	7 JANUARY 1, 2025]: Sec. 10. (a) The state department shall establish
71	71	8 and maintain guidance and standards for health care providers for
72	72	9 screening children in Indiana for lead poisoning. blood lead
73	73	10 concentration. When developing the guidance and standards, the state
74	74	11 department shall consult with the American Academy of Pediatrics.
75	75	12 (b) The state department shall make the guidance and standards
76	76	13 established under subsection (a) available on the state department's
77	77	14 Internet web site. website.
78	78	15 (c) The guidance and standards established under this section
79	79	16 must be consistent with the federal Centers for Disease Control
80	80	17 and Prevention guidelines:
81	81	18 (1) establishing a blood lead reference value of three and
82	82	19 one-half (3.5) micrograms per deciliter; and
83	83	20 (2) recommending a capillary blood lead test result containing
84	84	21 at least three and one-half (3.5) micrograms per deciliter be
85	85	22 confirmed with a venous blood lead test.
86	86	23 (c) This section expires December 31, 2026.
87	87	24 SECTION 3. IC 16-41-39.4-11, AS ADDED BY P.L.80-2022,
88	88	25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
89	89	26 JANUARY 1, 2025]: Sec. 11. (a) A health care provider who provides
90	90	27 health care services to a child who is less than six (6) years of age shall
91	91	28 do the following:
92	92	29 (1) Determine whether the child has had a blood lead screening
93	93	30 test.
94	94	31 (2) If the child has had a blood lead screening test, determine at
95	95	32 what age the child was tested and the results of the blood lead
96	96	33 screening test, and based on the results of the test, do the
97	97	34 following:
98	98	35 (A) If the child's blood lead level is less than the blood level
99	99	36 reference value established in guidelines developed under
100	100	37 section 10 of this chapter, provide a blood lead screening
101	101	38 test before the child enrolls in school.
102	102	39 (B) If the child's blood lead level is at least the blood level
103	103	40 reference value described in clause (A) but less than the
104	104	41 maximum blood lead level determined by the American
105	105	42 Academy of Pediatrics to require evaluation and
106	106	2024 IN 1229—LS 6873/DI 147 3
107	107	1 intervention, provide a blood lead screening test before the
108	108	2 child enrolls in school or within one (1) year after the date
109	109	3 on which the provider received the results, whichever
110	110	4 comes first.
111	111	5 (3) If the child has not had a blood lead screening test and is
112	112	6 (A) at least nine (9) months old and
113	113	7 (B) less than seventy-two (72) months old and:
114	114	8 (A) has lived in an area that is high risk for lead exposure,
115	115	9 according to lead risk maps published by the state
116	116	10 department, for at least six (6) months;
117	117	11 (B) moved to Indiana from another location; or
118	118	12 (C) may have consumed a food product, including
119	119	13 commercial baby food, that may have contained lead;
120	120	14 offer provide a blood lead screening test as soon as practical
121	121	15 or refer the child to the local health department for a blood
122	122	16 lead poisoning screening in accordance with guidance and
123	123	17 standards established by the state department under section 10 of
124	124	18 this chapter.
125	125	19 (b) Nothing in this section shall be construed to require a parent or
126	126	20 guardian to have their child receive a blood lead screening test.
127	127	21 However, if a child's parent declines to have their child receive a
128	128	22 blood lead screening test, the child's parent shall provide to the
129	129	23 health care provider a written and detailed explanation for
130	130	24 declining the test, signed by the parent.
131	131	25 (c) The child's parent shall provide the written and detailed
132	132	26 explanation described in subsection (b) to a school or school
133	133	27 corporation when enrolling the child in the school or school
134	134	28 corporation.
135	135	29 (c) This section expires December 31, 2026.
136	136	30 SECTION 4. IC 20-34-3-11, AS AMENDED BY P.L.56-2023,
137	137	31 SECTION 187, IS AMENDED TO READ AS FOLLOWS
138	138	32 [EFFECTIVE JANUARY 1, 2025]: Sec. 11. (a) The governing body of
139	139	33 a school corporation:
140	140	34 (1) may; and
141	141	35 (2) if section 11.5 of this chapter applies, shall;
142	142	36 require students to be tested for blood lead poisoning. concentration.
143	143	37 (b) If a student's parent states in writing that the parent is financially
144	144	38 unable to pay for a test under this section, the student shall be referred
145	145	39 to the a free clinic or public health facility in the area that provides
146	146	40 services for indigents.
147	147	41 (c) The Indiana department of health and the state board shall adopt
148	148	42 joint rules concerning blood lead poisoning concentration testing
149	149	2024 IN 1229—LS 6873/DI 147 4
150	150	1 under this section.
151	151	2 (d) Records of all tests administered under this section shall be
152	152	3 made and continuously maintained by the Indiana department of health
153	153	4 to provide information useful in protecting, promoting, and maintaining
154	154	5 the health of students.
155	155	6 SECTION 5. IC 20-34-3-11.5 IS ADDED TO THE INDIANA
156	156	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
157	157	8 [EFFECTIVE JANUARY 1, 2025]: Sec. 11.5. (a) As used in this
158	158	9 section, "qualified school" means the following:
159	159	10 (1) A public school, including a charter school.
160	160	11 (2) An eligible school (as defined in IC 20-51-1-4.7).
161	161	12 (b) Beginning in the 2025-2026 school year, a qualified school
162	162	13 shall require the following individuals who enroll in the qualified
163	163	14 school to receive a blood lead screening test:
164	164	15 (1) All children less than six (6) years of age.
165	165	16 (2) A student who:
166	166	17 (A) has not attended a qualified school; and
167	167	18 (B) was previously enrolled in a school other than a
168	168	19 qualified school that did not require a blood lead screening
169	169	20 test.
170	170	21 (3) A student who:
171	171	22 (A) has not attended a qualified school; and
172	172	23 (B) was previously enrolled in a school that did not have at
173	173	24 least one (1) employee.
174	174	25 (c) A qualified school may not allow a child or student to whom
175	175	26 this section applies to initially enroll in the qualified school unless
176	176	27 one (1) of the following requirements is met:
177	177	28 (1) The child or student has received a blood lead screening
178	178	29 test, and the:
179	179	30 (A) child's parent;
180	180	31 (B) student's parent, if the student is an unemancipated
181	181	32 minor; or
182	182	33 (C) student, if the student is an emancipated minor;
183	183	34 provides the qualified school with documentation of the blood
184	184	35 lead screening test.
185	185	36 (2) If the:
186	186	37 (A) child's parent;
187	187	38 (B) student's parent, if the student is an unemancipated
188	188	39 minor; or
189	189	40 (C) student, if the student is an emancipated minor;
190	190	41 declines to receive or have the child or student receive a blood
191	191	42 lead screening test, the individual described in clause (A), (B),
192	192	2024 IN 1229—LS 6873/DI 147 5
193	193	1 or (C) provides a written and detailed explanation for
194	194	2 declining the test, signed by the individual.
195	195	2024 IN 1229—LS 6873/DI 147