SF 3221

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; changing provisions in the Lead Poisoning Prevention Act;
requiring screening of children at age 12 months and 24 months for elevated
blood lead levels; prohibiting the sale of jewelry containing lead; amending
Minnesota Statutes 2004, sections 144.9501, subdivisions 1, 2, by adding a
subdivision; 144.9502, subdivision 1; 144.9503, subdivision 3; 256B.0625,
subdivision 14; proposing coding for new law in Minnesota Statutes, chapters
144; 325E; repealing Minnesota Statutes 2004, section 119A.46, subdivisions
4, 5, 6, 7, 9, 10; Minnesota Statutes 2005 Supplement, section 119A.46,
subdivisions 1, 2, 3, 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 144.9501, subdivision 1, is amended to
read:

Subdivision 1.

Citation.

Sections 144.9501 to may be cited
as the "Lead Poisoning Prevention Act."

Sec. 2.

Minnesota Statutes 2004, section 144.9501, subdivision 2, is amended to read:

Subd. 2.

Applicability.

The definitions in this section apply to sections 144.9501 to
.

Sec. 3.

Minnesota Statutes 2004, section 144.9501, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Eligible organization. new text end

new text begin "Eligible organization" means a city, board of
health, community health department, community action agency, nonprofit organization,
or community development corporation.
new text end

Sec. 4.

Minnesota Statutes 2004, section 144.9502, subdivision 1, is amended to read:

Subdivision 1.

Surveillance.

The commissioner of health shall establish a statewide
lead surveillance system. The purpose of this system is to:

(a) monitor blood lead levels in children and adults to identify trends and populations
at high risk for elevated blood lead levels;

new text begin (b) ensure that children are screened as required under section 144.9513;
new text end

deleted text begin (b) deleted text end new text begin (c) new text end ensure that screening services are provided to populations at high risk for
elevated blood lead levels;

deleted text begin (c) deleted text end new text begin (d) new text end ensure that medical and environmental follow-up services for children with
elevated blood lead levels are provided; and

deleted text begin (d) deleted text end new text begin (e) new text end provide accurate and complete data for planning and implementing primary
prevention programs that focus on the populations at high risk for elevated blood lead
levels.

Sec. 5.

Minnesota Statutes 2004, section 144.9503, subdivision 3, is amended to read:

Subd. 3.

Primary prevention lead education strategy.

The commissioner of
health shall develop and maintain a primary prevention lead education strategy to prevent
lead exposure. The strategy includes:

(1) lead education materials that describe the health effects of lead exposure, safety
measures, and methods to be used in the lead hazard reduction process;

(2) providing lead education materials to the general public new text begin including, but not
limited to, information on the dangers and hazards of jewelry containing lead new text end ;

(3) providing lead education materials to property owners, landlords, and tenants
by swab team workers and public health professionals, such as nurses, sanitarians,
health educators, nonprofit organizations working on lead issues, and other public health
professionals in areas at high risk for toxic lead exposure; and

(4) promoting awareness of community, legal, and housing resources.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

new text begin [144.9512] LEAD ABATEMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Grants; administration. new text end

new text begin Within the limits of the available
appropriation, the commissioner may make grants to eligible organizations to train
workers to provide swab team services for residential property. Grants may be awarded to
eligible organizations to provide technical assistance and training to ensure quality and
consistency within the statewide program.
new text end

new text begin Subd. 2. new text end

new text begin Applicants. new text end

new text begin (a) Interested eligible organizations may apply to the
commissioner for grants under this section. Two or more eligible organizations may
jointly apply for a grant. Priority shall be given to community action agencies in greater
Minnesota and to either community action agencies or neighborhood based nonprofit
organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may
be used for administrative purposes. The commissioner may deviate from this percentage
if a grantee can justify the need for a larger administrative allowance. Of this amount,
up to five percent may be used by the commissioner for state administrative purposes.
Applications must provide information requested by the commissioner, including at least
the information required to assess the factors listed in paragraph (d).
new text end

new text begin (b) The commissioner must consult with boards of health to provide swab team
services for purposes of secondary prevention. The priority for swab teams created
by grants to eligible organizations under this section must be work assigned by the
commissioner, or by a board of health if so designated by the commissioner, to provide
secondary prevention swab team services to fulfill the requirements of section 144.9504,
subdivision 6, in response to a lead order. Swab teams assigned work under this section
by the commissioner, that are not engaged daily in fulfilling the requirements of section
144.9504, subdivision 6, must deliver swab team services in response to elevated blood
lead levels as defined in section 144.9501, subdivision 9, where lead orders were not
issued, and for purposes of primary prevention in census tracts known to be in areas at
high risk for toxic lead exposure as described in section 144.9503, subdivision 2.
new text end

new text begin (c) Any additional money must be used for grants to establish swab teams for
primary prevention under section 144.9503, in census tracts in areas at high risk for toxic
lead exposure as determined under section 144.9503, subdivision 2.
new text end

new text begin (d) In evaluating grant applications, the commissioner must consider the following
criteria:
new text end

new text begin (1) plans for the provision of swab team services for primary and secondary
prevention;
new text end

new text begin (2) plans for resident and property owner education on lead safety;
new text end

new text begin (3) measures of program effectiveness;
new text end

new text begin (4) coordination of program activities with other federal, state, and local public
health and housing renovation programs; and
new text end

new text begin (5) prior experience in providing swab team services.
new text end

new text begin Subd. 3. new text end

new text begin Eligible grant activities. new text end

new text begin An eligible organization receiving a grant
under this section must ensure that all participating lead supervisors or certified firms are
licensed and that all swab team workers are certified by the Department of Health under
section 144.9505. Eligible organizations may participate in the program by:
new text end

new text begin (1) providing on-the-job training for swab team workers;
new text end

new text begin (2) providing swab team services to meet the requirements of sections 144.9503,
subdivision 4, and 144.9504, subdivision 6;
new text end

new text begin (3) providing lead hazard reduction to meet the requirements of section 144.9501,
subdivision 17;
new text end

new text begin (4) providing lead dust clean-up equipment and materials, as described in section
144.9503, subdivision 1, to residents; or
new text end

new text begin (5) having a swab team worker instruct residents and property owners on appropriate
lead control techniques, including the lead-safe directives developed by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Swab team workers. new text end

new text begin Each worker engaged in swab team services
established under this section must have blood lead concentrations below 15 micrograms
of lead per deciliter of whole blood as determined by a baseline blood lead screening. Any
organization receiving a grant under this section is responsible for lead screening and must
assure that all swab team workers meet the standards established in this subdivision.
Grantees must use appropriate workplace procedures including following the lead-safe
directives developed by the commissioner to reduce risk of elevated blood lead levels.
Grantees and participating contractors must report all employee blood lead levels that
exceed 15 micrograms of lead per deciliter of whole blood to the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Program benefits. new text end

new text begin As a condition of providing swab team services under
this section, an organization may require a property owner to not increase rents on a
property solely as a result of a substantial improvement made with public funds under the
programs in this section.
new text end

new text begin Subd. 6. new text end

new text begin Requirements of organizations receiving grants. new text end

new text begin An eligible
organization that is awarded a grant under this section must prepare and submit a quarterly
progress report to the commissioner beginning three months after receipt of the grant.
new text end

Sec. 7.

new text begin [144.9513] REQUIRED LEAD SCREENING OF CHILDREN.
new text end

new text begin A health care provider providing primary health care services to children shall
screen, or refer for screening, all children at age 12 months and 24 months for elevated
blood lead levels. If a child who is screened under this section has a blood lead level of at
least ten micrograms per deciliter of whole blood, the health care provider shall follow the
follow-up care guidelines for children with elevated blood lead levels established by the
Centers for Disease Control and Prevention.
new text end

Sec. 8.

Minnesota Statutes 2004, section 256B.0625, subdivision 14, is amended to
read:

Subd. 14.

Diagnostic, screening, and preventive services.

(a) Medical assistance
covers diagnostic, screening, and preventive services.

(b) "Preventive services" include services related to pregnancy, including:

(1) services for those conditions which may complicate a pregnancy and which may
be available to a pregnant woman determined to be at risk of poor pregnancy outcome;

(2) prenatal HIV risk assessment, education, counseling, and testing; and

(3) alcohol abuse assessment, education, and counseling on the effects of alcohol
usage while pregnant. Preventive services available to a woman at risk of poor pregnancy
outcome may differ in an amount, duration, or scope from those available to other
individuals eligible for medical assistance.

(c) "Screening services" include, but are not limited to, blood lead tests. new text begin Screening
services also include, for children with blood lead levels equal to or greater than ten
micrograms of lead per deciliter of whole blood, environmental investigations to
determine the source of lead exposure. Reimbursement is limited to a health professional's
time and activities during an on-site investigation of a child's home or primary residence.
new text end

Sec. 9.

new text begin [325E.385] SALE OF JEWELRY CONTAINING LEAD PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section "jewelry" means: (1)
an ornament worn by a person on the body or on clothing, including, but not limited to,
a necklace, bracelet, anklet, earring, locket, pendant, charm bracelet, ring, pinky ring,
chain, broach, pin, lapel pin, headband, watchband; or (2) any pendant, bead, chain, link,
or other component of such an ornament.
new text end

new text begin Subd. 2. new text end

new text begin Sale prohibited. new text end

new text begin (a) On or after July 1, 2006, no person in this state shall
sell, offer for sale, or distribute free of charge any jewelry that contains more than 600
parts per million of lead.
new text end

new text begin (b) On or after January 1, 2008, no person in this state shall sell, offer for sale, or
distribute free of charge any jewelry that contains more than 200 parts per million of lead.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the range reference "144.9501 to 144.9509"
to "144.9501 to 144.9513" wherever the reference appears in Minnesota Statutes and
Minnesota Rules.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 119A.46, subdivisions 4, 5, 6, 7, 9, and 10, new text end new text begin and
new text end new text begin Minnesota Statutes 2005 Supplement, section 119A.46, subdivisions 1, 2, 3, and 8, new text end new text begin are
repealed.
new text end