SENATE, No. 3616
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED SEPTEMBER 19, 2024
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
Co-Sponsored by:
Senators Greenstein, McKnight, Burgess, Timberlake and Turner
SYNOPSIS
Requires health care professionals to perform lead screening on pregnant persons under certain circumstances.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on March 3, 2025, with amendments.
An Act concerning lead screening and supplementing P.L.1995, c.328 (C.26:2-137.2 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Department” means the Department of Health
“Lead screening” means the application of a detection technique to measure a person’s blood lead level and determine the extent of the person’s recent exposure to lead.
2. a. A 1licensed health care professional, which shall include a licensed1 physician 1[or registered professional nurse, as appropriate]1, 1licensed physician assistant, certified advanced practice nurse, certified nurse midwife, certified professional midwife, and certified midwife, who provides prenatal maternity care to a pregnant person1 shall assess 1[each pregnant] the1 person 1[to whom the physician or registered professional nurse provides health care services]1 for possible risk factors for lead exposure and elevated blood lead levels 1[. If the assessment identifies at least one risk factor in accordance with] based on1 the most recent 1guidelines and1 recommendations of the federal Centers for Disease Control and Prevention and the American College of Obstetricians and Gynecologists 1[, the physician or nurse shall perform, once per pregnancy, lead screening on the patient]1 .
b. If the 1[physician or registered professional nurse, as appropriate,] health care professional1 cannot perform 1[the] a1 required lead screening, the 1[physician or registered professional nurse] health care professional1 may refer the patient, in writing, to another 1[physician or registered professional nurse] health care professional1 who is able to perform the lead screening.
c. If 1[a physician or registered professional nurse, as appropriate,] the health care professional1 receives laboratory test results indicating that the pregnant person has an elevated blood lead level, the 1[physician or registered professional nurse] health care professional1 shall notify the patient, in writing, about the test results 1[,]1 and shall additionally provide the patient with an explanation, in plain language, of the significance of lead poisoning. The 1[physician or registered professional nurse] health care professional1 shall also take appropriate measures to ensure that any of the patient’s children or other members of the patient’s household who are under the age of six are, or have been, screened for lead exposure.
d. 1[A physician or registered professional nurse, as appropriate,] The health care professional1 shall not be required to conduct lead screening under this act if the patient objects to the testing in writing 1or if the health care professional determines that another health care provider has already conducted the lead screening required under this act1 .
e. 1[A physician or registered professional nurse, as appropriate,] The health care professional1 shall comply with the blood sample collection requirements specified in section 4 of P.L.1995, c.328 (C.26:2-137.5).
3. A laboratory which performs a lead screening test pursuant to subsection a. of section 2 of this act shall report the test results to the department, the local health department in the municipality in which the pregnant person who is the subject of the test resides, and the 1[physician or registered professional nurse, as appropriate,] health care professional1 that submitted the specimen, within five business days of obtaining the test result.
4. a. A record of all lead screenings conducted pursuant to section 2 of this act shall be included in the central database maintained by the department in accordance with provisions of section 5 of P.L.1995, c.328 (C.26:2-137.6).
b. The information reported to and compiled by the department pursuant to this act shall be confidential, except that the department may make such statistical reports available using information compiled from the database. The information included in the statistical reports shall exclude the name or other personal identifying information of the pregnant person screened in accordance with all other federal and State laws regarding the confidentiality of medical information.
5. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the provisions of this act.
6. This act shall take effect on the first day of the third month next following enactment.