| 1 | 1 | | 81R11454 SJM-F |
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| 2 | 2 | | By: Gutierrez H.B. No. 2621 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring an assessment by health care providers of the |
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| 8 | 8 | | risk of lead poisoning of certain children. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 88, Health and Safety Code, is amended by |
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| 11 | 11 | | adding Section 88.010 to read as follows: |
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| 12 | 12 | | Sec. 88.010. LEAD POISONING RISK ASSESSMENT. (a) In this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) "Department" means the Department of State Health |
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| 15 | 15 | | Services. |
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| 16 | 16 | | (2) "Health care provider" means an individual or |
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| 17 | 17 | | facility licensed, certified, or otherwise authorized to |
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| 18 | 18 | | administer health care, for profit or otherwise, in the ordinary |
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| 19 | 19 | | course of business or professional practice and includes a |
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| 20 | 20 | | physician. |
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| 21 | 21 | | (b) The department shall collect comprehensive data |
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| 22 | 22 | | regarding the risk of lead poisoning among children in this state. |
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| 23 | 23 | | (c) During an annual wellness exam a health care provider |
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| 24 | 24 | | shall assess, using the department's risk assessment for lead |
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| 25 | 25 | | exposure questionnaire, for lead poisoning a child who is younger |
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| 26 | 26 | | than seven years of age and: |
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| 27 | 27 | | (1) whose medical costs are covered under the Medicaid |
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| 28 | 28 | | program; or |
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| 29 | 29 | | (2) who lives in a targeted area designated by the |
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| 30 | 30 | | department as a high risk area for lead poisoning. |
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| 31 | 31 | | (d) A health care provider that conducts an assessment under |
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| 32 | 32 | | Subsection (c) shall report the results of the assessment to the |
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| 33 | 33 | | department on the form prescribed by the department. |
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| 34 | 34 | | (e) Not later than October 1, 2010, the department shall |
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| 35 | 35 | | submit to the legislature a written report regarding the data |
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| 36 | 36 | | collected under this section. The report must include an analysis |
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| 37 | 37 | | of the risk of lead poisoning by geographical area. |
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| 38 | 38 | | (f) This section expires December 31, 2010. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2009. |
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