Full Text of SB2996 100th General Assembly
SB2996enr 100TH GENERAL ASSEMBLY |
| | SB2996 Enrolled | | LRB100 19847 MJP 35123 b |
|
| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Lead Poisoning Prevention Act is amended by | 5 | | changing Sections 2, 7, and 14 as follows:
| 6 | | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 8 | | "Child care facility" means any structure used by a child | 9 | | care
provider licensed by the Department of Children and Family | 10 | | Services or
public or private school structure frequented by | 11 | | children 6 years of
age or younger.
| 12 | | "Childhood Lead Risk Questionnaire" means the | 13 | | questionnaire developed by the Department for use by physicians | 14 | | and other health care providers to determine risk factors for | 15 | | children 6 years of age or younger residing in areas designated | 16 | | as low risk for lead exposure. | 17 | | "Delegate agency" means a unit of local government or | 18 | | health
department approved by the Department to carry out the | 19 | | provisions of this Act.
| 20 | | "Department" means the Department of Public Health.
| 21 | | "Director" means the Director of Public Health.
| 22 | | "Dwelling unit" means an individual unit within a | 23 | | residential building used as living quarters for one household. |
| | | SB2996 Enrolled | - 2 - | LRB100 19847 MJP 35123 b |
|
| 1 | | "Elevated blood lead level" means a blood lead level in | 2 | | excess of the those considered within the permissible limits as | 3 | | established under State and federal rules. | 4 | | "Exposed surface" means any interior or exterior surface of
| 5 | | a regulated facility. | 6 | | "High risk area" means an area in the State determined by | 7 | | the Department to
be high risk for lead exposure for children 6 | 8 | | years of age or younger. The
Department may consider, but is | 9 | | not limited to, the following factors to
determine a high risk | 10 | | area: age and condition (using Department of Housing and
Urban
| 11 | | Development definitions of "slum" and "blighted") of housing, | 12 | | proximity to
highway traffic or heavy local traffic or both, | 13 | | percentage of housing
determined as rental or vacant, proximity | 14 | | to industry using lead, established
incidence of elevated blood | 15 | | lead levels in children, percentage of population
living
below | 16 | | 200% of federal poverty guidelines, and number of children | 17 | | residing in
the area who are 6 years of age or younger.
| 18 | | "Lead abatement" means any approved work practices that | 19 | | will permanently eliminate lead exposure or remove the | 20 | | lead-bearing substances in a regulated facility. The | 21 | | Department shall establish by rule which work practices are | 22 | | approved or prohibited for lead abatement. | 23 | | "Lead abatement contractor" means any person or entity | 24 | | licensed by the
Department to perform lead abatement and | 25 | | mitigation.
| 26 | | "Lead abatement supervisor" means any person employed by a |
| | | SB2996 Enrolled | - 3 - | LRB100 19847 MJP 35123 b |
|
| 1 | | lead abatement contractor and licensed by the Department to | 2 | | perform lead abatement and lead mitigation and to supervise | 3 | | lead workers who perform lead abatement and lead mitigation. | 4 | | "Lead abatement worker" means any person employed by a lead | 5 | | abatement
contractor and licensed by the Department to perform | 6 | | lead abatement and
mitigation.
| 7 | | "Lead activities" means the conduct of any lead services, | 8 | | including, lead inspection, lead risk assessment, lead | 9 | | mitigation, or lead abatement work or supervision in a | 10 | | regulated facility. | 11 | | "Lead-bearing substance" means any item containing or | 12 | | coated with lead such that the lead content is more than | 13 | | six-hundredths of one percent (0.06%) lead by total weight; or | 14 | | any dust on surfaces or in
furniture or other nonpermanent | 15 | | elements of the regulated facility; or any paint or
other | 16 | | surface coating material containing more than five-tenths of | 17 | | one
percent (0.5%) lead by total weight (calculated as lead | 18 | | metal) in the total
non-volatile content of liquid paint; or | 19 | | lead-bearing substances containing
greater than one milligram | 20 | | per square centimeter or any lower standard for
lead content in | 21 | | residential paint as may be established by federal law or rule; | 22 | | or more than 1 milligram per square centimeter in the dried
| 23 | | film of paint or previously applied substance; or item or dust | 24 | | on item containing lead in
excess of the amount specified in | 25 | | the rules authorized by
this Act or a lower standard for lead | 26 | | content as may be established by
federal law or rule. |
| | | SB2996 Enrolled | - 4 - | LRB100 19847 MJP 35123 b |
|
| 1 | | "Lead-bearing substance" does not include firearm ammunition | 2 | | or components as defined by the Firearm Owners Identification | 3 | | Card Act.
| 4 | | "Lead hazard" means a lead-bearing substance that poses an
| 5 | | immediate health hazard to humans.
| 6 | | "Lead hazard screen" means a lead risk assessment that | 7 | | involves limited dust and paint sampling for lead-bearing | 8 | | substances and lead hazards. This service is used as a | 9 | | screening tool designed to determine if further lead | 10 | | investigative services are required for the regulated | 11 | | facility. | 12 | | "Lead inspection" means a surface-by-surface investigation | 13 | | to determine the presence of lead-based paint. | 14 | | "Lead inspector" means an individual who has been trained | 15 | | by a Department-approved training program and is licensed by | 16 | | the Department to conduct lead inspections; to sample for the | 17 | | presence of lead in paint, dust, soil, and water; and to | 18 | | conduct compliance investigations. | 19 | | "Lead mitigation" means the remediation, in a
manner | 20 | | described in Section 9, of a lead hazard so that the
| 21 | | lead-bearing substance does not pose an immediate
health hazard | 22 | | to humans. | 23 | | "Lead poisoning" means the condition of having an elevated | 24 | | blood lead level. blood lead levels in
excess of those | 25 | | considered safe under State and federal rules.
| 26 | | "Lead risk assessment" means an on-site investigation to |
| | | SB2996 Enrolled | - 5 - | LRB100 19847 MJP 35123 b |
|
| 1 | | determine the existence, nature, severity, and location of lead | 2 | | hazards. "Lead risk assessment" includes any lead sampling and | 3 | | visual assessment associated with conducting a lead risk | 4 | | assessment and lead hazard screen and all lead sampling | 5 | | associated with compliance investigations. | 6 | | "Lead risk assessor" means an individual who has been | 7 | | trained by a Department-approved training program and is | 8 | | licensed by the Department to conduct lead risk assessments, | 9 | | lead inspections, and lead hazard screens; to sample for the | 10 | | presence of lead in paint, dust, soil, water, and sources for | 11 | | lead-bearing substances; and to conduct compliance | 12 | | investigations. | 13 | | "Lead training program provider" means any person | 14 | | providing Department-approved lead training in Illinois to | 15 | | individuals seeking licensure in accordance with the Act. | 16 | | "Low risk area" means an area in the State determined by
| 17 | | the Department to be low risk for lead exposure for children 6 | 18 | | years of age or younger. The Department may consider the | 19 | | factors named in "high risk area" to determine low
risk areas. | 20 | | "Owner" means any person, who alone, jointly, or severally | 21 | | with
others:
| 22 | | (a) Has legal title to any regulated facility, with or
| 23 | | without actual possession of the regulated facility, or
| 24 | | (b) Has charge, care, or control of the regulated | 25 | | facility as owner or agent of the owner, or as executor, | 26 | | administrator,
trustee, or guardian of the estate of the |
| | | SB2996 Enrolled | - 6 - | LRB100 19847 MJP 35123 b |
|
| 1 | | owner.
| 2 | | "Person" means any individual, partnership, firm, company, | 3 | | limited liability company, corporation, association, joint | 4 | | stock company, trust, estate, political subdivision, State | 5 | | agency, or any other legal entity, or their legal | 6 | | representative, agent, or assign.
| 7 | | "Regulated facility" means a residential building or child | 8 | | care facility. | 9 | | "Residential building" means any room, group of rooms, or | 10 | | other
interior areas of a structure designed or used for human | 11 | | habitation; common
areas accessible by inhabitants; and the | 12 | | surrounding property or structures.
| 13 | | (Source: P.A. 98-690, eff. 1-1-15 .)
| 14 | | (410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
| 15 | | Sec. 7. Reports of lead poisoning required; lead | 16 | | information to remain confidential; disclosure prohibited. | 17 | | Every physician who
diagnoses, or a health care provider, | 18 | | nurse, hospital administrator, or public health officer who has
| 19 | | verified information of the
existence of a blood lead test | 20 | | result for any child or pregnant person shall report the result | 21 | | to the Department. Results identifying an elevated blood lead | 22 | | level in excess of the permissible limits set forth in rules
| 23 | | adopted by the Department shall be reported to the Department | 24 | | within 48 hours of receipt of
verification. Reports
shall | 25 | | include the name, address, laboratory results, date
of birth, |
| | | SB2996 Enrolled | - 7 - | LRB100 19847 MJP 35123 b |
|
| 1 | | and any other information about the child or pregnant person | 2 | | deemed essential by
the Department. Directors of clinical | 3 | | laboratories must report to the
Department, within 48 hours of | 4 | | receipt of verification, all
blood
lead analyses equal to or | 5 | | above an elevated blood lead level above permissible limits set | 6 | | forth in rule performed in their facility. The information | 7 | | included in the
clinical laboratories report shall include, but | 8 | | not be limited to, the child's
name, address, date of birth, | 9 | | name of physician ordering analysis, and specimen
type. All | 10 | | blood lead levels less than an elevated blood lead level the | 11 | | permissible limits set forth in rule must be reported to the | 12 | | Department in accordance
with rules adopted by the Department. | 13 | | These rules shall not require reporting
in less than 30 days | 14 | | after the end of the month in which the results
are obtained. | 15 | | All information obtained by the Department from any source and | 16 | | all information, data, reports, e-mails, letters, and other | 17 | | documents generated by the Department or any of its delegate | 18 | | agencies concerning any person subject to this Act receiving a | 19 | | blood lead test
shall be treated in
the same manner as | 20 | | information subject to the provisions of Part 21 of Article
| 21 | | VIII of the Code of Civil Procedure and shall not be disclosed. | 22 | | This prohibition on disclosure extends to all information and | 23 | | reports obtained or created by the Department or any of its | 24 | | delegate agencies concerning any regulated facility that has | 25 | | been identified as a potential lead hazard or a source of lead | 26 | | poisoning. This prohibition on disclosure does not prevent the |
| | | SB2996 Enrolled | - 8 - | LRB100 19847 MJP 35123 b |
|
| 1 | | Department or its delegates from using any information it | 2 | | obtains civilly, criminally, or administratively to prosecute | 3 | | any person who violates this Act, nor does it prevent the | 4 | | Department or its delegates from disclosing any certificate of | 5 | | compliance, notice, or mitigation order issued pursuant to this | 6 | | Act. Any physician, nurse, hospital
administrator, director of | 7 | | a
clinical laboratory, public health officer, or allied health | 8 | | professional
making a report in good faith shall be immune from | 9 | | any civil or criminal
liability that otherwise might be | 10 | | incurred from the making of a report.
| 11 | | (Source: P.A. 98-690, eff. 1-1-15 .)
| 12 | | (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
| 13 | | Sec. 14. Departmental rules and activities. The Department | 14 | | shall
establish and publish rules governing permissible
limits | 15 | | of lead in and about regulated facilities.
| 16 | | No later than 180 days after the effective date of this | 17 | | amendatory Act of the 100th General Assembly, the Department | 18 | | shall submit proposed amended rules to the Joint Committee on | 19 | | Administrative Rules to update: the definition of elevated | 20 | | blood lead level to be in accordance with the most recent | 21 | | childhood blood lead level reference value from the federal | 22 | | Centers for Disease Control and Prevention; the current | 23 | | requirements for the inspection of regulated facilities | 24 | | occupied by children based on the updated definition of | 25 | | elevated blood lead level or the history of lead hazards; and |
| | | SB2996 Enrolled | - 9 - | LRB100 19847 MJP 35123 b |
|
| 1 | | any other existing rules that will assist the Department in its | 2 | | efforts to prevent, reduce, or mitigate the negative impact of | 3 | | instances of lead poisoning among children. The changes made to | 4 | | this Section by this amendatory Act of the 100th General | 5 | | Assembly do not preclude subsequent rulemaking by the | 6 | | Department. | 7 | | The Department shall also initiate activities that:
| 8 | | (a) Either provide for or support the monitoring and | 9 | | validation
of all medical laboratories and private and | 10 | | public hospitals that
perform lead determination tests on | 11 | | human blood or other tissues.
| 12 | | (b) Subject to Section 7.2 of this Act, provide | 13 | | laboratory testing
of blood specimens for lead content to | 14 | | any physician, hospital, clinic,
free clinic, | 15 | | municipality, or private organization
that cannot secure | 16 | | or provide the services through other sources. The
| 17 | | Department shall not assume responsibility for blood lead | 18 | | analysis required
in programs currently in operation.
| 19 | | (c) Develop or encourage the development of | 20 | | appropriate programs
and studies to identify sources of | 21 | | lead intoxication and assist other
entities in the | 22 | | identification of lead in children's blood and the sources
| 23 | | of that intoxication.
| 24 | | (d) Provide technical assistance and consultation to | 25 | | local,
county, or regional governmental or private | 26 | | agencies for the promotion
and development of lead |
| | | SB2996 Enrolled | - 10 - | LRB100 19847 MJP 35123 b |
|
| 1 | | poisoning prevention programs.
| 2 | | (e) Provide recommendations by the Department on the | 3 | | subject of
identification, case management, and treatment | 4 | | of lead poisoning.
| 5 | | (f) Maintain a clearinghouse of information, and will | 6 | | develop
additional educational materials, on (i) lead | 7 | | hazards to children,
(ii) lead poisoning prevention, (iii) | 8 | | blood lead testing,
(iv) lead mitigation, lead abatement, | 9 | | and disposal, and (v)
health hazards during lead abatement. | 10 | | The Department shall make this information
available to the | 11 | | general public.
| 12 | | (Source: P.A. 98-690, eff. 1-1-15 .)
|
|