TITLE 16

Health and Safety

Regulatory Provisions Concerning Public Health

CHAPTER 26. Childhood Lead Poisoning Prevention Act

§ 2601. Short title; definitions.

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

(b) For purposes of this chapter:

(1) “Elevated blood lead level” means any blood lead level determined by regulations established by the Division of Public Health to be detrimental to the health, behavioral development, or cognitive potential of a child.

(2) “Screening” means a capillary blood lead test, including where a drop of blood is taken from a finger or heel of the foot.

(3) “Testing” means a venous blood lead test where blood is drawn from a vein.

69 Del. Laws, c. 310, §  183 Del. Laws, c. 75, § 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 lead poisoning screening of the child, under regulations adopted by the Division of Public Health, at or around 12 and 24 months of age.

(b) [Repealed.]

(c) (1) If screening under subsection (a) of this section determines that a child has an elevated blood lead level, the health-care provider shall order testing under regulations adopted by the Division of Public Health.

(2) A health-care provider is encouraged to use the health-care provider’s clinical judgement to determine when testing should be used in lieu of screening under subsection (a) of this section.

(d) All laboratories and health-care providers involved in blood lead level analysis, including screening and testing, shall participate in a universal reporting system as established by the Division of Public Health.

(e) Nothing in this section may be construed to require any child to undergo screening or testing if the child’s parent or guardian objects on the grounds that the screening or testing conflicts with the parent’s or guardian’s religious beliefs.

(f) [Repealed.]

69 Del. Laws, c. 310, §  170 Del. Laws, c. 186, §  177 Del. Laws, c. 402, §§  1, 383 Del. Laws, c. 75, § 2

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

(a) For every child who has reached the age of 12 months, child care facilities and public and private nursery schools, preschools, and kindergartens shall require proof of screening for lead poisoning for admission or continued enrollment.

(b) Except in the case of enrollment in kindergarten, the screening under subsection (a) of this section may be done within 60 calendar days of the date of enrollment.

(c) A child’s parent or guardian must provide 1 of the following:

(1) A statement from the child’s primary health-care provider that the child has received a screening for lead poisoning.

(2) A certificate signed by the parent or guardian stating that the screening is contrary to the parent’s or guardian’s religious beliefs.

69 Del. Laws, c. 310, §  174 Del. Laws, c. 76, §  183 Del. Laws, c. 75, § 3

§ 2604. Reimbursement by third-party payers.

Blood lead testing, screening, screening-related services, and diagnostic evaluations as required by § 2602 of this title are reimbursable under health insurance contracts and group and blanket health insurance under §§ 3337 and 3554 of Title 18, respectively.

69 Del. Laws, c. 310, §  183 Del. Laws, c. 75, § 4

§ 2605. Childhood Lead Poisoning Advisory Committee.

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

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

(c) The Committee consists of the following:

(1) The Secretary of the Department of Education.

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

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

(4) The Director of the Delaware State Housing Authority.

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

(6) The President of the Delaware Association of Realtors.

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

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

(d) A member serving by virtue of position may appoint a designee to serve in the member’s stead and at the member’s pleasure.

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

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

(g) The Department of Health and Social Services shall provide staff support for the Committee.

73 Del. Laws, c. 46, §  270 Del. Laws, c. 186, §  182 Del. Laws, c. 17, § 183 Del. Laws, c. 27, § 1

§ 2606. Annual report.

The Division of Public Health shall annually, on or before January 1, provide a report on elevated blood lead levels to the General Assembly by delivering a copy of the report to the Secretary of the Senate, Chief Clerk of the House of Representatives, and the Director and Librarian of the Division of Research.

83 Del. Laws, c. 75, § 5