TITLE 16

Health and Safety

Regulatory Provisions Concerning Public Health

CHAPTER 26. Childhood Lead Poisoning Prevention Act

§ 2601. Short title.

This act shall be known and may be cited as the Childhood Lead Poisoning Prevention Act.

69 Del. Laws, c. 310, §  1

§ 2602. Physicians and health-care facilities to screen children.

(a) Every health-care provider who is the primary health-care provider for a child shall order screening of that child, in accordance with standards promulgated by the Division of Public Health, at or around 12 months of age for lead poisoning.

(b) In addition to the screening required by subsection (a) of this section, every health-care provider who is the primary health-care provider for a child shall determine based upon criteria promulgated by the Division of Public Health whether that child should be screened for lead poisoning at or around 24 months of age. The health-care provider shall order screening for children for whom screening is suggested by said criteria. The health-care provider shall maintain records of the determination regarding the necessity of screening at 24 months of age.

(c) Unless the child is at high risk for lead poisoning, as determined by the primary health-care provider, pursuant to guidelines promulgated by the Division of Public Health, screening shall not be required for any child who is over 12 months of age on March 1, 1995.

(d) All laboratories involved in lead level analysis will participate in a universal reporting system as established by the Division of Public Health.

(e) Nothing in this section shall be construed to require any child to undergo a lead blood level screening or test whose parent or guardian objects on the grounds that the screening or test conflicts with the parent’s or guardian’s religious beliefs.

(f) All laboratories involved in blood lead level analysis will participate in a universal reporting system as established by the State Board of Health.

69 Del. Laws, c. 310, §  170 Del. Laws, c. 186, §  177 Del. Laws, c. 402, §§  1, 3

§ 2603. Screening prior to child care or school enrollment.

For every child born on or after March 1, 1995, and who has reached the age of 12 months, child care facilities and public and private nursery schools, preschools and kindergartens shall require screening for lead poisoning for admission or continued enrollment; except in the case of enrollment in kindergarten, such testing may be done within 60 calendar days of the date of enrollment. A statement shall be provided from the child’s primary health-care provider that the child has been screened for lead poisoning or in lieu thereof a certificate signed by the parent or guardian stating that the screening is contrary to that person’s religious beliefs.

69 Del. Laws, c. 310, §  174 Del. Laws, c. 76, §  1

§ 2604. Reimbursement by third-party payers.

Screening, screening-related services and diagnostic evaluations as required by § 2602 of this title shall be reimbursable under health insurance contracts and group and blanket health insurance as provided by Chapter 33 and Chapter 35, respectively, of Title 18.

69 Del. Laws, c. 310, §  1

§ 2605. Childhood Lead Poisoning Advisory Committee.

(a) There is hereby established the Childhood Lead Poisoning Prevention Advisory Committee to advise on the implementation of the Childhood Lead Poisoning Prevention Act established pursuant to this chapter and to make any necessary recommendations for the implementation of the program or improvements of the processes to be followed by the agencies responsible for the implementation of said plan.

(b) The Committee shall annually prepare and distribute a report to the General Assembly regarding the Childhood Lead Poisoning Prevention Act, the intervention activities, studies of incidence, the State Blood Lead Screening Program, and monitoring and implementation of regulations promulgated pursuant to this chapter.

(c) The Committee shall consist of 9 members as follows:

(1) Secretary of the Department of Education.

(2) Secretary of the Department of Health and Social Services.

(3) Secretary of the Department of Services for Children, Youth & their Families.

(4) Director of the Delaware State Housing Authority.

(5) President of the Delaware Association of School Administrators.

(6) President of the Delaware Association of Realtors.

(7) Delaware pediatric provider, appointed by the Governor.

(8) Two members appointed by the Governor, each from a different county.

(d) Members serving by virtue of position may appoint a designee to serve in their stead and at their pleasure.

(e) The Committee shall elect a Chair and a Vice Chair from among the members.

(f) The Committee shall have the power to form advisory subcommittees, which may include individuals who are not members of the Committee, to assist the Commission in its duties.

73 Del. Laws, c. 46, §  270 Del. Laws, c. 186, §  182 Del. Laws, c. 17, § 1