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AB-2976 Childhood lead poisoning: prevention.(2017-2018)

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Date Published: 08/06/2018 02:00 PM
AB2976:v95#DOCUMENT

Amended  IN  Senate  August 06, 2018
Amended  IN  Senate  July 02, 2018
Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2976


Introduced by Assembly Member Quirk

February 16, 2018


An act to amend Section 124130 of, and to add Section 105288 to, the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2976, as amended, Quirk. Childhood lead poisoning: prevention.
Existing law, the Childhood Lead Poisoning Prevention Act of 1991, requires the State Department of Public Health to adopt regulations establishing a standard of care at least as stringent as the most recent United States Centers for Disease Control and Prevention screening guidelines, whereby all children are evaluated for risk of lead poisoning by health care providers during each child’s periodic health assessment. Existing law requires the standard of care for a child who is determined to be “at risk” for lead poisoning to include the screening of that child. Existing regulations require every health care provider who performs a periodic health assessment of a child to order a child who receives services from a publicly funded program for low-income children to be screened for lead poisoning.
This bill would require the department to coordinate with specified state entities to gather data to determine whether low-income children are being screened for lead poisoning as required by the regulation described above. The bill would also require all uses and disclosures of the gathered or shared data to comply with all applicable state and federal laws for the protection of the privacy and security of data.
Existing law requires a laboratory that performs a blood lead analysis on a specimen of human blood drawn in California to report specified information to the department for each analysis on every person tested. Existing law requires that all information reported be confidential, except that the department is authorized to share the information for the purpose of surveillance, case management, investigation, environmental assessment, environmental remediation, or abatement with the local health department, environmental health agency, or building department, so long as the entity receiving the information otherwise maintains the confidentiality of the information, as specified.
This bill would add the State Department of Health Care Services to the above-described list of entities with which the State Department of Public Health is authorized to share the reported information, for official governmental program purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 105288 is added to the Health and Safety Code, to read:

105288.
 (a) The department shall coordinate with the state entities, including the State Department of Health Care Services, that are responsible for administering the publicly funded programs for low-income children identified in Section 37020 of Title 17 of the California Code of Regulations to gather data to determine whether low-income children are being screened for lead poisoning as required by Section 37100 of Title 17 of the California Code of Regulations.
(b) State entities that are responsible for administering the publicly funded programs for low-income children identified in Section 37020 of Title 17 of the California Code of Regulations shall electronically share data with the department as needed to enable the department to determine whether low-income children are being screened for lead poisoning as required by Section 37100 of Title 17 of the California Code of Regulations.
(c) All uses and disclosures of data gathered or shared pursuant to this section shall comply with all applicable state and federal laws for the protection of the privacy and security of data, including, but not limited to, subdivision (g) of Section 124130 and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).

SEC. 2.

 Section 124130 of the Health and Safety Code is amended to read:

124130.
 (a) A laboratory that performs a blood lead analysis on a specimen of human blood drawn in California shall report the information specified in this section to the department for each analysis on every person tested.
(b) The analyzing laboratory shall report all of the following:
(1) The test results in micrograms of lead per deciliter.
(2) The name of the person tested.
(3) The person’s birth date if the analyzing laboratory has that information, or if not, the person’s age.
(4) The person’s address, including the ZIP Code, if the analyzing laboratory has that information, or if not, a telephone number by which the person may be contacted.
(5) The name, address, and telephone number of the health care provider that ordered the analysis.
(6) The name, address, and telephone number of the analyzing laboratory.
(7) The accession number of the specimen.
(8) The date the analysis was performed.
(c) The analyzing laboratory shall report all of the following information that it possesses:
(1) The person’s gender.
(2) The name, address, and telephone number of the person’s employer, if any.
(3) The date the specimen was drawn.
(4) The source of the specimen, specified as venous, capillary, arterial, cord blood, or other.
(d) The analyzing laboratory may report to the department other information that directly relates to the blood lead analysis or to the identity, location, medical management, or environmental management of the person tested.
(e) If the result of the blood lead analysis is a blood lead level equal to or greater than 10 micrograms of lead per deciliter of blood, the report required by this section shall be submitted within three working days of the analysis. If the result is less than 10 micrograms per deciliter, the report required by this section shall be submitted within 30 calendar days.
(f) A report required by this section shall be submitted by electronic transfer.
(g) All information reported pursuant to this section shall be confidential, as provided in Section 100330, except that the department may share the information for the purpose of surveillance, case management, investigation, environmental assessment, environmental remediation, or abatement with the local health department, environmental health agency authorized pursuant to Section 101275, or building department, and with the State Department of Health Care Services for official governmental program purposes. The local health department, environmental health agency, building department, or the State Department of Health Care Services shall otherwise maintain the confidentiality of the information in the manner provided in Section 100330.
(h) The director may assess a fine up to five hundred dollars ($500) against any laboratory that knowingly fails to meet the reporting requirements of this section.
(i) A laboratory shall not be fined or otherwise penalized for failure to provide the patient’s birth date, age, address, or telephone number if the result of the blood lead analysis is a blood lead level less than 25 micrograms of lead per deciliter of blood, and if all of the following circumstances exist:
(1) The test sample was sent to the laboratory by another medical care provider.
(2) The laboratory requested the information from the medical care provider who obtained the sample.
(3) The medical care provider that obtained the sample and sent it to the laboratory failed to provide the patient’s birth date, age, address, or telephone number.