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THE SENATE |
S.B. NO. |
2682 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to lead poisoning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§325- 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 rules 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 that is maintained pursuant to section 325-33.
(b) The department of health shall adopt rules
pursuant to chapter 91 to implement this section. The rules shall include but not be limited
to:
(1) Subject to subsection (c), a
requirement that a minor residing in the State is tested at the following ages:
(A) Twelve months of age and twenty-four
months of age; or
(B) If the minor has no previous record
of the test required pursuant to subsection (a), between twenty-four months of
age and seventy-two months of age;
(2) Identification of geographic areas
in the State that pose a high risk for childhood lead poisoning and a
requirement that a minor who is four years of age be tested if the minor
resides in an area designated by the department of health;
(3) Factors to identify a minor who is
at high risk for lead poisoning shall include but not be limited to:
(A) Residing in a home where other
minors have been diagnosed with lead poisoning; and
(B) Residing in a home that was built before
1978;
(4) A requirement that minors be tested
at intervals determined by the department of health if a physician determines
that the minor is at high risk for lead poisoning by applying the factors in
paragraph (3), through a parent's attestation or through the physician's own
independent medical judgment; and
(5) Procedures for entering the
information described in subsection (a)(2) on the minor's record of testing
that is maintained pursuant to section 325-33, 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, by rule, adjust
the age requirements in subsection (b)(1) or eliminate the testing requirement
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 ages or eliminates the
requirement 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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INTRODUCED BY: |
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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 rules. Provides certain exemptions for the mandatory lead poisoning testing of minors.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.