SF 1206

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for the prevention of 
  1.3             lead poisoning; requiring certain assessments; 
  1.4             amending Minnesota Statutes 2002, sections 144.9502, 
  1.5             subdivision 3; 144.9503, subdivision 7; 144.9504, 
  1.6             subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 144.9502, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [REPORTS OF BLOOD LEAD ANALYSIS REQUIRED.] (a) 
  1.11  Every hospital, medical clinic, medical laboratory, other 
  1.12  facility, or individual performing blood lead analysis shall 
  1.13  report the results after the analysis of each specimen analyzed, 
  1.14  for both capillary and venous specimens, and epidemiologic 
  1.15  information required in this section to the commissioner of 
  1.16  health, within the time frames set forth in clauses (1) and (2): 
  1.17     (1) within two working days by telephone, fax, or 
  1.18  electronic transmission, with written or electronic confirmation 
  1.19  within one month, for a venous blood lead level, determined by 
  1.20  one venous blood sample or two capillary blood samples, equal to 
  1.21  or greater than 15 ten micrograms of lead per deciliter of whole 
  1.22  blood; or 
  1.23     (2) within one month in writing or by electronic 
  1.24  transmission, for any single capillary result or for a venous 
  1.25  blood lead level less than 15 ten micrograms of lead per 
  1.26  deciliter of whole blood.  
  2.1      (b) If a blood lead analysis is performed outside of 
  2.2   Minnesota and the facility performing the analysis does not 
  2.3   report the blood lead analysis results and epidemiological 
  2.4   information required in this section to the commissioner, the 
  2.5   provider who collected the blood specimen must satisfy the 
  2.6   reporting requirements of this section.  For purposes of this 
  2.7   section, "provider" has the meaning given in section 62D.02, 
  2.8   subdivision 9. 
  2.9      (c) The commissioner shall coordinate with hospitals, 
  2.10  medical clinics, medical laboratories, and other facilities 
  2.11  performing blood lead analysis to develop a universal reporting 
  2.12  form and mechanism. 
  2.13     Sec. 2.  Minnesota Statutes 2002, section 144.9503, 
  2.14  subdivision 7, is amended to read: 
  2.15     Subd. 7.  [LEAD-SAFE PRACTICES INFORMATION.] (a) The 
  2.16  commissioner shall develop and maintain in cooperation with the 
  2.17  commissioner of administration provisions and procedures to 
  2.18  define lead-safe practices information for residential 
  2.19  remodeling, renovation, installation, and rehabilitation 
  2.20  activities that are not lead hazard reduction, but may disrupt 
  2.21  lead-based paint surfaces and guidance documents for the 
  2.22  regulated industry.  The commissioner shall maintain a list of 
  2.23  available training opportunities in lead-safe practices. 
  2.24     (b) When an application is made to a local permitting 
  2.25  authority for a permit allowing for residential remodeling, 
  2.26  renovation, installation, or rehabilitation in a home built 
  2.27  before 1978, the local permitting authority must distribute a 
  2.28  fact sheet specifying the lead-safe practices developed under 
  2.29  paragraph (a) and listing available training opportunities. 
  2.30     Sec. 3.  Minnesota Statutes 2002, section 144.9504, 
  2.31  subdivision 2, is amended to read: 
  2.32     Subd. 2.  [LEAD RISK ASSESSMENT.] (a) An assessing agency 
  2.33  shall conduct a lead risk assessment of a residence according to 
  2.34  the venous blood lead level, determined by one venous blood 
  2.35  sample or two capillary blood samples, and time frame set forth 
  2.36  in clauses (1) to (5) (4) for purposes of secondary prevention: 
  3.1      (1) within 48 hours of a child or pregnant female in the 
  3.2   residence being identified to the agency as having a venous 
  3.3   blood lead level equal to or greater than 70 micrograms of lead 
  3.4   per deciliter of whole blood; 
  3.5      (2) within five working days of a child or pregnant female 
  3.6   in the residence being identified to the agency as having a 
  3.7   venous blood lead level equal to or greater than 45 micrograms 
  3.8   of lead per deciliter of whole blood; 
  3.9      (3) within ten working days of a child in the residence 
  3.10  being identified to the agency as having a venous blood lead 
  3.11  level equal to or greater than 20 ten micrograms of lead per 
  3.12  deciliter of whole blood; 
  3.13     (4) within ten working days of a child in the residence 
  3.14  being identified to the agency as having a venous blood lead 
  3.15  level that persists in the range of 15 to 19 micrograms of lead 
  3.16  per deciliter of whole blood for 90 days after initial 
  3.17  identification; or 
  3.18     (5) (4) within ten working days of a pregnant female in the 
  3.19  residence being identified to the agency as having a venous 
  3.20  blood lead level equal to or greater than ten micrograms of lead 
  3.21  per deciliter of whole blood.  
  3.22     (b) Within the limits of available local, state, and 
  3.23  federal appropriations, an assessing agency may also conduct a 
  3.24  lead risk assessment for children with any elevated blood lead 
  3.25  level less than ten micrograms of lead per deciliter.  
  3.26     (c) In a building with two or more dwelling units, an 
  3.27  assessing agency shall assess the individual unit in which the 
  3.28  conditions of this section are met and shall inspect all common 
  3.29  areas accessible to a child.  If a child visits one or more 
  3.30  other sites such as another residence, or a residential or 
  3.31  commercial child care facility, playground, or school, the 
  3.32  assessing agency shall also inspect the other sites.  The 
  3.33  assessing agency shall have one additional day added to the time 
  3.34  frame set forth in this subdivision to complete the lead risk 
  3.35  assessment for each additional site.  
  3.36     (d) Within the limits of appropriations, the assessing 
  4.1   agency shall identify the known addresses for the previous 12 
  4.2   months of the child or pregnant female with venous blood lead 
  4.3   levels of at least 20 ten micrograms per deciliter for the child 
  4.4   or at least ten micrograms per deciliter for the pregnant 
  4.5   female; notify the property owners, landlords, and tenants at 
  4.6   those addresses that an elevated blood lead level was found in a 
  4.7   person who resided at the property; and give them primary 
  4.8   prevention information.  Within the limits of appropriations, 
  4.9   the assessing agency may perform a risk assessment and issue 
  4.10  corrective orders in the properties, if it is likely that the 
  4.11  previous address contributed to the child's or pregnant female's 
  4.12  blood lead level.  The assessing agency shall provide the notice 
  4.13  required by this subdivision without identifying the child or 
  4.14  pregnant female with the elevated blood lead level.  The 
  4.15  assessing agency is not required to obtain the consent of the 
  4.16  child's parent or guardian or the consent of the pregnant female 
  4.17  for purposes of this subdivision.  This information shall be 
  4.18  classified as private data on individuals as defined under 
  4.19  section 13.02, subdivision 12.  
  4.20     (e) The assessing agency shall conduct the lead risk 
  4.21  assessment according to rules adopted by the commissioner under 
  4.22  section 144.9508.  An assessing agency shall have lead risk 
  4.23  assessments performed by lead risk assessors licensed by the 
  4.24  commissioner according to rules adopted under section 144.9508.  
  4.25  If a property owner refuses to allow a lead risk assessment, the 
  4.26  assessing agency shall begin legal proceedings to gain entry to 
  4.27  the property and the time frame for conducting a lead risk 
  4.28  assessment set forth in this subdivision no longer applies.  A 
  4.29  lead risk assessor or assessing agency may observe the 
  4.30  performance of lead hazard reduction in progress and shall 
  4.31  enforce the provisions of this section under section 144.9509.  
  4.32  Deteriorated painted surfaces, bare soil, and dust must be 
  4.33  tested with appropriate analytical equipment to determine the 
  4.34  lead content, except that deteriorated painted surfaces or bare 
  4.35  soil need not be tested if the property owner agrees to engage 
  4.36  in lead hazard reduction on those surfaces.  The lead content of 
  5.1   drinking water must be measured if another probable source of 
  5.2   lead exposure is not identified.  Within a standard metropolitan 
  5.3   statistical area, an assessing agency may order lead hazard 
  5.4   reduction of bare soil without measuring the lead content of the 
  5.5   bare soil if the property is in a census tract in which soil 
  5.6   sampling has been performed according to rules established by 
  5.7   the commissioner and at least 25 percent of the soil samples 
  5.8   contain lead concentrations above the standard in section 
  5.9   144.9508. 
  5.10     (f) Each assessing agency shall establish an administrative 
  5.11  appeal procedure which allows a property owner to contest the 
  5.12  nature and conditions of any lead order issued by the assessing 
  5.13  agency.  Assessing agencies must consider appeals that propose 
  5.14  lower cost methods that make the residence lead safe.  The 
  5.15  commissioner shall use the authority and appeal procedure 
  5.16  granted under sections 144.989 to 144.993. 
  5.17     (g) Sections 144.9501 to 144.9509 neither authorize nor 
  5.18  prohibit an assessing agency from charging a property owner for 
  5.19  the cost of a lead risk assessment.