New Jersey 2024 2024-2025 Regular Session

New Jersey Assembly Bill A4848 Amended / Bill

Filed 12/10/2024

                    [First Reprint] ASSEMBLY, No. 4848  STATE OF NEW JERSEY 221st LEGISLATURE    INTRODUCED SEPTEMBER 23, 2024   

[First Reprint]

ASSEMBLY, No. 4848 

STATE OF NEW JERSEY

221st LEGISLATURE

  

INTRODUCED SEPTEMBER 23, 2024

 

   Sponsored by: Assemblywoman  SHANIQUE SPEIGHT District 29 (Essex and Hudson) Assemblyman  REGINALD W. ATKINS District 20 (Union) Assemblywoman  LUANNE M. PETERPAUL District 11 (Monmouth)   Co-Sponsored by: Assemblywomen Reynolds-Jackson, Ramirez and Assemblyman Schaer         SYNOPSIS      Requires health care professionals to perform lead screening on pregnant persons under certain circumstances.    CURRENT VERSION OF TEXT       As reported by the Assembly Financial Institutions and Insurance Committee on December 9, 2024, with amendments.     

 

Sponsored by:

Assemblywoman  SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblyman  REGINALD W. ATKINS

District 20 (Union)

Assemblywoman  LUANNE M. PETERPAUL

District 11 (Monmouth)

 

Co-Sponsored by:

Assemblywomen Reynolds-Jackson, Ramirez and Assemblyman Schaer

 

 

 

 

SYNOPSIS

     Requires health care professionals to perform lead screening on pregnant persons under certain circumstances. 

 

CURRENT VERSION OF TEXT 

     As reported by the Assembly Financial Institutions and Insurance Committee on December 9, 2024, with amendments.

   

 An Act concerning lead screening and supplementing P.L.1995, c.328 (C.26:2-137.2 et seq.).        Be It Enacted by the Senate and General Assembly of the State of New Jersey:        1.  As used in this act:      "Department" means the Department of Health      "Lead screening" means the application of a detection technique to measure a person's blood lead level and determine the extent of the person's recent exposure to lead.        2.    a.  A physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider1 as appropriate, shall assess each pregnant person to whom the physician 1[or] ,1 registered professional nurse 1, physician assistant, or prenatal care provider1 provides health care services for possible risk factors for lead exposure and elevated blood lead levels.  If the assessment identifies at least one risk factor in accordance with the most recent recommendations of the federal Centers for Disease Control and Prevention and the American College of Obstetricians and Gynecologists, the physician 1[or] ,1 nurse 1, physician assistant, or prenatal care provider1 shall perform, 1[once] twice1 per pregnancy, lead screening on the patient 1, in the first and third trimesters1.        b.    If the physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, cannot perform the required lead screening, the physician 1[or registered professional] ,1 nurse 1, physician assistant, or prenatal care provider1 may refer the patient, in writing, to another physician 1[or registered professional] ,1 nurse 1, physician assistant, or prenatal care provider1 who is able to perform the lead screening.      c.     If a physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, receives laboratory test results indicating that the pregnant person has an elevated blood lead level, the physician 1[or registered professional] ,1 nurse 1, physician assistant, or prenatal care provider1 shall notify the patient, in writing, about the test results1[,]1 and shall additionally provide the patient with an explanation, in plain language, of the significance of lead poisoning 1and information concerning the specific dangers of lead poisoning during a pregnancy.  The physician, nurse, physician assistant, or prenatal care provider shall also provide the patient with information on how to access lead assistance programs offered by the Department of Community Affairs1.  The physician 1[or registered professional] ,1 nurse 1, physician assistant, or prenatal care provider1 shall also take appropriate measures to ensure that any of the patient's children or other members of the patient's household who are under the age of six are, or have been, screened for lead exposure.      d.    A physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, shall not be required to conduct lead screening under this act if the patient  objects to the testing in writing.      e.     A physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, shall comply with the blood sample collection requirements specified in section 4 of P.L.1995, c.328 (C.26:2-137.5).        3.    A laboratory which performs a lead screening test pursuant to subsection a. of section 2 of this act shall report the test results to the department, the local health department in the municipality in which the pregnant person who is the subject of the test resides, and the physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, that submitted the specimen, within five business days of obtaining the test result.        4.  a.  A record of all lead screenings conducted pursuant to section 2 of this act shall be included in the central database maintained by the department in accordance with provisions of section 5 of P.L. 1995, c.328 (C.26:2-137.6).      b.  The information reported to and compiled by the department pursuant to this act shall be confidential, except that the department may make such statistical reports available using information compiled from the database.  The information included in the statistical reports shall exclude the name or other personal identifying information of the pregnant person screened in accordance with all other federal and State laws regarding the confidentiality of medical information.        5.  The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the provisions of this act.        6.  This act shall take effect on the first day of the third month next following enactment. 

An Act concerning lead screening and supplementing P.L.1995, c.328 (C.26:2-137.2 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  As used in this act:

     "Department" means the Department of Health

     "Lead screening" means the application of a detection technique to measure a person's blood lead level and determine the extent of the person's recent exposure to lead.

 

     2.    a.  A physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider1 as appropriate, shall assess each pregnant person to whom the physician 1[or] ,1 registered professional nurse 1, physician assistant, or prenatal care provider1 provides health care services for possible risk factors for lead exposure and elevated blood lead levels.  If the assessment identifies at least one risk factor in accordance with the most recent recommendations of the federal Centers for Disease Control and Prevention and the American College of Obstetricians and Gynecologists, the physician 1[or] ,1 nurse 1, physician assistant, or prenatal care provider1 shall perform, 1[once] twice1 per pregnancy, lead screening on the patient 1, in the first and third trimesters1.  

     b.    If the physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, cannot perform the required lead screening, the physician 1[or registered professional] ,1 nurse 1, physician assistant, or prenatal care provider1 may refer the patient, in writing, to another physician 1[or registered professional] ,1 nurse 1, physician assistant, or prenatal care provider1 who is able to perform the lead screening.

     c.     If a physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, receives laboratory test results indicating that the pregnant person has an elevated blood lead level, the physician 1[or registered professional] ,1 nurse 1, physician assistant, or prenatal care provider1 shall notify the patient, in writing, about the test results1[,]1 and shall additionally provide the patient with an explanation, in plain language, of the significance of lead poisoning 1and information concerning the specific dangers of lead poisoning during a pregnancy.  The physician, nurse, physician assistant, or prenatal care provider shall also provide the patient with information on how to access lead assistance programs offered by the Department of Community Affairs1.  The physician 1[or registered professional] ,1 nurse 1, physician assistant, or prenatal care provider1 shall also take appropriate measures to ensure that any of the patient's children or other members of the patient's household who are under the age of six are, or have been, screened for lead exposure.

     d.    A physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, shall not be required to conduct lead screening under this act if the patient  objects to the testing in writing.

     e.     A physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, shall comply with the blood sample collection requirements specified in section 4 of P.L.1995, c.328 (C.26:2-137.5).

 

     3.    A laboratory which performs a lead screening test pursuant to subsection a. of section 2 of this act shall report the test results to the department, the local health department in the municipality in which the pregnant person who is the subject of the test resides, and the physician 1[or] ,1 registered professional nurse, 1physician assistant, or prenatal care provider,1 as appropriate, that submitted the specimen, within five business days of obtaining the test result.

 

     4.  a.  A record of all lead screenings conducted pursuant to section 2 of this act shall be included in the central database maintained by the department in accordance with provisions of section 5 of P.L. 1995, c.328 (C.26:2-137.6).

     b.  The information reported to and compiled by the department pursuant to this act shall be confidential, except that the department may make such statistical reports available using information compiled from the database.  The information included in the statistical reports shall exclude the name or other personal identifying information of the pregnant person screened in accordance with all other federal and State laws regarding the confidentiality of medical information.

 

     5.  The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the provisions of this act.

 

     6.  This act shall take effect on the first day of the third month next following enactment.