A2225

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 licensed health care professional, which shall include a licensed physician, licensed physician assistant, certified advanced practice nurse, certified nurse midwife, certified professional midwife, and certified midwife, who provides prenatal maternity care to a pregnant person shall assess the person for possible risk factors for lead exposure and elevated blood lead levels based on the most recent guidelines and recommendations of the federal Centers for Disease Control and Prevention and the American College of Obstetricians and Gynecologists.

b. If the health care professional cannot perform a required lead screening, the health care professional may refer the patient, in writing, to another health care professional who is able to perform the lead screening.

c. If the health care professional receives laboratory test results indicating that the pregnant person has an elevated blood lead level, the health care professional shall notify the patient, in writing, about the test results and shall additionally provide the patient with an explanation, in plain language, of the significance of lead poisoning. The health care professional 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. The health care professional shall not be required to conduct lead screening under this act if the patient objects to the testing in writing or if the health care professional determines that another health care provider has already conducted the lead screening required under this act.

e. The health care professional 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 health care professional 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.

STATEMENT

This bill requires a licensed health care professional, which will include a licensed physician, licensed physician assistant, certified advanced practice nurse, certified nurse midwife, certified professional midwife, and certified midwife, who provides prenatal maternity care to a pregnant person, to assess the person for possible risk factors for lead exposure and elevated blood lead levels based on the most recent guidelines and recommendations of the federal Centers for Disease Control and Prevention and the American College of Obstetricians and Gynecologists.

If the health care professional cannot perform a required lead screening, the health care professional may refer the patient to another health care professional who is able to perform the lead screening.

The bill stipulates that if a health care professional receives laboratory test results indicating that the pregnant person has an elevated blood lead level, the health care professional is to: notify the patient about the test results; provide the patient with an explanation of the significance of lead poisoning; and ensure that any of the patient’s children or other members of the patient’s household under the age of six are, or have been, screened for lead exposure.

Under the bill, a health care professional is: (1) not required to conduct lead screening if the patient objects to the testing in writing or if the health care professional determines that another health care professional has already completed the lead screening required under the bill; and (2) to comply with the blood sample collection requirements specified in section 4 of P.L.1995, c.328 (C.26:2-137.5).

The bill requires a laboratory which performs a lead screening test to report the test results to the Department of Health (DOH), the local health department in the municipality in which the pregnant person resides, and the health care professional that submitted the specimen, within five business days of obtaining the test result.

A record of all lead screenings conducted under the bill is to be included in the central database maintained by the DOH as required under section 5 of P.L.1995, c.328 (C.26:2-137.6). The information reported to and compiled by the DOH is confidential, except that statistical reports may be made available using information compiled from the database, excluding personal identifying information.