Read the full stored bill text
SLS 26RS-7 ENGROSSED
2026 Regular Session
SENATE BILL NO. 37
BY SENATOR MCMATH
HEALTH DEPARTMENT. Provides relative to lead poisoning prevention. (8/1/26)
1 AN ACT
2 To amend and reenact R.S. 40:1285.1 through 1285.4, 1285.6(B), and 1285.7 and to repeal
3 R.S. 30:2351.1(7), 2351.52(A) and (C), and 2351.53 and R.S. 40:1285.6(G), relative
4 to lead poisoning prevention; to provide for the duties of the Louisiana Department
5 of Health; to provide for lead testing requirements for early learning centers and
6 schools with prekindergarten programs; to provide for mandatory reporting of lead
7 poisoning cases; to provide for the detection of lead poisoning sources; to provide
8 for the sale and use of lead-based paint; to provide for lead risk assessments and
9 hazard control; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 40:1285.1 through 1285.4, 1285.6(B), and 1285.7 are hereby
12 amended and reenacted to read as follows:
13 PART II. LEAD POISONING PREVENTION AND CONTROL PROGRAM
14 §1285.1. Establishment of lead poisoning prevention program Lead Poisoning
15 Prevention and Control Program
16 A. The Louisiana Department of Health shall establish a program for the
17 prevention, screening, diagnosis, and treatment of lead poisoning in its the Lead
Page 1 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 37
SLS 26RS-7 ENGROSSED
1 Poisoning Prevention and Control Program within the office of public health.
2 B. This program shall, to the extent permitted by appropriations, The
3 program shall provide for the prevention of lead poisoning through all of the
4 following:
5 (1) Requiring submission of lead testing results for early learning centers
6 and schools with prekindergarten programs that were built prior to 1978 in
7 order to obtain any required department approval of plans and specifications.
8 (2) Managing mandatory reporting of lead poisoning cases.
9 (3) Developing, implementing, and enforcing protocols for detection of
10 lead poisoning sources.
11 (4) Developing and conducting public and professional education;.
12 (5) shall ensure Ensuring the availability of screening, diagnosis, and
13 treatment relative to lead poisoning of children under the age of six years and
14 persons deemed at risk by the state health officer;.
15 (6) and shall advocate for the abatement of Advocating for lead hazard
16 control methods concerning sources of lead when appropriate. The program shall
17 not apply to those persons having religious objections to the examination.
18 C. The state health officer or his designee may contract with a public
19 agency or a university or collaborate with any agencies, individuals, or groups
20 for the provision of necessary services, the development of educational
21 programs, scientific research, and detection and abatement of sources of lead
22 poisoning required pursuant to this Part.
23 D. As used in this Part, unless the context clearly requires otherwise, the
24 following terms shall have the following meanings:
25 (1) "Facility" or "facilities" means a building including but not limited
26 to those buildings operating as an early learning center or a school with a
27 prekindergarten program.
28 (2) "Lead hazard" shall have the meaning set forth in R.S. 30:2351.1.
29 (3) "Lead hazard control methods" means measures taken to reduce or
Page 2 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 37
SLS 26RS-7 ENGROSSED
1 eliminate a lead hazard, including but not limited to lead abatement, interim
2 controls, or both, as appropriate.
3 (4) "Schools with prekindergarten program" means and is limited to the
4 classroom space primarily occupied by children in the prekindergarten
5 program and shall not include communal spaces such as cafeterias, libraries,
6 gymnasiums, or places of worship.
7 E. In the event of a conflict between any provision of this Part and a
8 provision of R.S. 13:5233.1 or Title 17, the provision of this Part shall prevail.
9 F. The office of public health shall promulgate rules and regulations to
10 implement this program.
11 §1285.2. Collaboration with other organizations Lead testing requirements; early
12 learning centers; schools with prekindergarten programs
13 The state health officer or his designee may contract with a public agency or
14 a university or collaborate with any agencies, individuals, or groups for the provision
15 of necessary services, the development of educational programs, scientific research,
16 and detection and abatement of sources of lead poisoning, subject to appropriations,
17 and shall promulgate and from time to time amend such rules and regulations as may
18 be necessary.
19 A.(1) Every early learning center and school with a prekindergarten
20 program that was built, in whole or in part, prior to 1978 shall have a lead risk
21 assessment performed by a certified lead risk assessor and submit the results to
22 the department as a requirement for obtaining any departmental approval of
23 plans and specifications.
24 (2) The lead risk assessment shall include lead testing results which shall
25 include testing of all painted surfaces of the building, dust, water, and soil
26 adjacent to the building and on any property that is regularly utilized by the
27 children enrolled at the early learning center or prekindergarten program.
28 B.(1) If test results identify lead hazards, the department shall not grant
29 approval of plans and specifications for a new early learning center or new
Page 3 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 37
SLS 26RS-7 ENGROSSED
1 school with a prekindergarten program until appropriate lead hazard control
2 methods have been verified by a clearance inspection authorized by the state
3 health officer.
4 (2) If test results identify lead hazards the early learning center or school
5 with a prekindergarten program shall enter into a lead hazard abatement
6 agreement with the department which shall include required compliance with
7 certain timelines and efforts to mitigate danger to children on the premises as
8 required by the state health officer.
9 C. If the owner or operator of an early learning center or school with a
10 prekindergarten program provides test results to the department which show
11 no lead hazards in the building, water supply, or soil, the documentation shall
12 be sufficient for one-time submission and shall be noted in the files held by the
13 department. No further lead hazard testing shall be required unless the owner
14 or operator initiates major alterations through renovation or remodeling that
15 warrants subsequent approval by the department.
16 D. The department shall provide an owner or operator with a list
17 developed by the Department of Environmental Quality of persons approved
18 or licensed to conduct the non-drinking water lead testing required by this Part.
19 §1285.3. Mandatory reporting of lead poisoning cases required; comprehensive
20 records
21 A. Any local health officer, health unit supervisor, examining physician,
22 hospital, public health nurse, or reporting person The state health officer shall
23 define test results which are positive for the presence of lead. Healthcare
24 providers shall report to the state health officer or his designee the existence and
25 circumstances of each case of lead poisoning known to him and not previously
26 reported. Such reports all test results for lead hazards. Reports shall be made on
27 forms prescribed by the state health officer or his designee. The state health officer
28 shall by regulation, and in accordance with current technical knowledge and
29 guidelines of the United States Centers for Disease Control and Prevention, United
Page 4 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 37
SLS 26RS-7 ENGROSSED
1 States Environmental Protection Agency, and United States Department of Housing
2 and Urban Development, define the terms "lead poisoning" and "previously
3 reported" and what constitutes hazardous lead conditions in the environment.
4 B. When the state health officer or his designee is informed of a case of lead
5 poisoning pursuant to Subsection A of this Section or otherwise, he shall strongly
6 encourage recommend the examination of all other children under the age of six
7 years, and all any other persons person deemed at risk by the state health officer or
8 his designee, who is residing or recently residing resided in the household of the
9 person with lead poisoning. The results of such the examinations shall be reported
10 to the persons or agency reporting the original case pursuant to Subsection A of this
11 Section, and to such other persons or agencies as the state health officer or his
12 designee deems advisable.
13 §1285.4. Program for detection Detection of lead poisoning sources; voluntary and
14 compulsory inspections; posting dangerous areas; mandatory physical
15 examinations
16 A.(1) The state health officer or his designee shall establish a comprehensive
17 program protocols for detection of sources of lead poisoning. Such program shall
18 attempt, to the extent permitted by appropriations, to locate To the extent
19 practicable, the protocols shall identify all dwellings, early learning centers, and
20 schools with prekindergarten programs in which the paint, plaster, or other
21 accessible substance contains dangerous amounts of lead hazards. The means of
22 detection and the amount of lead that produces the danger of lead poisoning shall be
23 determined by regulation by the state health officer in accordance with current
24 technical knowledge and guidelines of the United States Centers for Disease Control
25 and Prevention, United States Environmental Protection Agency, and United States
26 Department of Housing and Urban Development.
27 (2) Such programs of detection Lead detection shall, to the extent that all
28 appropriate dwellings are not inspected, give priority in inspections to be prioritized
29 in those dwellings located in areas where significant numbers of lead poisoning cases
Page 5 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 37
SLS 26RS-7 ENGROSSED
1 have recently been reported, and in which children under the age of six years or other
2 persons deemed at risk by the state health officer or his designee reside. and which
3 serve as the primary residence for a child under the age of six, a person deemed
4 at risk by the surgeon general, or are operating as an early learning center or
5 school with a prekindergarten program.
6 B. When the state health officer or his designee is informed of a case of child
7 lead poisoning pursuant to this Part, or otherwise, he shall cause to have inspected
8 the he shall order an investigation of any dwelling in which the person child with
9 lead poisoning resides, or has recently resided, if the occupants of said the dwelling
10 consent, after reasonable notice, to such inspection the investigation. The state
11 health officer or his designee may also order an investigation of any other
12 properties or premises in which the child spends a significant amount of time.
13 The findings of such inspection the investigations shall be reported to the state
14 health officer or his designee and to the appropriate enforcement authorities provided
15 in R.S. 40:1285.9.
16 C. A dangerous level of lead Lead hazards found in a dwelling, early
17 learning center, or school with a prekindergarten program inspected
18 investigated pursuant to this Section, or otherwise, shall be reported immediately to
19 the owner of the building, early learning center, or school with a prekindergarten
20 program or to his duly appointed representative, all affected tenants or occupants,
21 the appropriate enforcement authorities set out in R.S. 40:1285.9, and the state health
22 officer or his designee. The state health officer or his designee shall inform such
23 other persons or agencies as he deems advisable, and shall cause to have prominently
24 posted post on the main entrance to said the dwelling or facility a notice that the
25 dwelling or facility contains dangerous amounts of lead paint or other lead materials
26 lead hazards and that children under the age of six years and persons deemed at risk
27 should not be allowed to reside in said or occupy the dwelling or facility. Such The
28 notice may not be removed until all premises have been found to comply with R.S.
29 40:1285.7. Unauthorized intentional removal of the notice shall subject the offender
Page 6 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 37
SLS 26RS-7 ENGROSSED
1 to a fine of five hundred dollars.
2 D. When a dangerous level of lead hazard is found in a dwelling, early
3 learning center, or school with a prekindergarten program inspected
4 investigated pursuant to this Part, or otherwise, the state health officer or his
5 designee shall cause to have examined order an examination of all children under
6 the age of six years and other persons as he may find advisable to examine, residing
7 in or occupying, or who have recently resided in or occupied said the dwelling,
8 early learning center, or school with a prekindergarten program. The results of
9 such the examinations shall be reported to the state health officer or his designee, the
10 affected individual, and his parent or legal guardian. The state health officer or his
11 designee shall inform such other persons or agencies as he deems advisable.
12 * * *
13 §1285.6. Sale and use of lead-based paint and other similar lead-based surface
14 coating material restricted; penalties
15 * * *
16 B.(1) No person shall knowingly sell or offer for sale any other lead-based
17 paint or similar surface coating material that may be purchased by the general public
18 unless the container is clearly labeled as to its intended use and bears on the principal
19 display panel the word "WARNING" and the following statement: "Contains lead.
20 Dried film of this paint may be harmful if eaten or chewed."
21 (2) The following cautionary statement, or its practical equivalent, shall be
22 placed on the label but need not be part of the warning statement on the principal
23 display panel:
24 "Do not apply on toys and other children's articles, furniture, or interior
25 surfaces of any dwelling. Do not apply on those exterior surfaces of any dwelling,
26 such as window sills, porches, stairs, or railings, to which children may be
27 commonly exposed. Keep Out Of The Reach of Children."
28 (3) The type size of this labeling shall be in accordance with the requirements
29 for precautionary labeling under the Federal Hazardous Substances Act, 15 U.S.C.
Page 7 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 37
SLS 26RS-7 ENGROSSED
1 §1260 (1970).
2 * * *
3 §1285.7. Safety precautions; procedures for removal and repainting
4 A. Whenever a child or children under six years of age or person with an
5 intellectual disability resides in any residential premises in which any paint, plaster,
6 or other accessible materials contain dangerous levels of lead hazards as defined
7 pursuant to the provisions of this Part, after notification by the state health officer or
8 his representative, the owner shall remove or cover said the paint, plaster, or other
9 material so as to make it inaccessible to children under six years of age or persons
10 with intellectual disabilities. Whenever any such residential premises containing said
11 dangerous levels of lead hazards undergoes a change of ownership and as a result
12 thereof, a child under six years of age or a person with an intellectual disability will
13 become a resident therein, the new owner shall remove or cover said the paint,
14 plaster, or other material so as to make it inaccessible to such the child or person.
15 B. Repainting with nonlead based paint, without removal of the offending
16 lead paint, plaster, or other material shall not constitute compliance with this
17 Section. Such All removal or covering shall be performed as follows:
18 (1) All peeling paint, plaster or other material, on both interior and exterior
19 surfaces and fixtures, shall be removed or adequately covered.
20 (2) Paint, plaster, or other material that is not peeling shall be removed or
21 covered on window sills; door frames; windows, including mullions; stair rail
22 spindles; stair treads; doors; stair rails; porch railings, and all other exterior and
23 interior surfaces or fixtures that may be readily chewed by children or persons with
24 intellectual disabilities.
25 C. This duty The requirements of this Section shall apply to every owner
26 of residential premises whenever wherever a child under six years of age or a person
27 with an intellectual disability resides therein or whenever such the premises
28 undergoes a change of ownership and as a result thereof a child under six years of
29 age or person with an intellectual disability shall reside therein resides, whether or
Page 8 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 37
SLS 26RS-7 ENGROSSED
1 not his premises have been inspected pursuant to R.S. 40:1285.4 or otherwise. The
2 provisions of this Section shall be strictly construed and enforced so as to best
3 protect the safety of residents of such the dwellings.
4 D. Every owner of residential premises who violates the provisions of this
5 Section shall commence correction of the condition constituting the violation within
6 fifteen days after notification of the violation, which project shall be completed and
7 complete the correction within thirty days of commencement.
8 Section 2. R.S. 30:2351.1(7), 2351.52(A) and (C), and 2351.53 and R.S.
9 40:1285.6(G) are hereby repealed.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, and digest do not constitute part of the law or proof
or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
DIGEST
SB 37 Engrossed 2026 Regular Session McMath
Present law provides for lead poisoning provisions relative to children in both Title 30 under
the La. Dept. of Environmental Quality and in Title 40 under the La. Dept. of Health.
Proposed law consolidates all lead poisoning provisions relative to children into Title 40.
Title 30
Present law requires healthcare providers to report blood test results that are positive for the
presence of lead to the state health officer and for the state health officer to define what
constitutes a positive test result. Present law further authorizes the state health officer to
enter into agreements with other departments for purposes of lead exposure reporting.
Proposed law combines present law provisions with similar provisions in Title 40.
Present law defines "child-occupied facility" and includes public and nonpublic elementary
schools and day care centers in the definition.
Proposed law moves provisions relative to day care centers and public and nonpublic schools
with prekindergarten programs to Title 40.
Present law requires the owner of a child-occupied facility and the inspector to provide joint
notification to the secretary of the Dept. of Environmental Quality and the state health
officer within 90 days of receipt of a report of lead hazards, lead abatement activities, or any
lead testing performed that exceeds applicable standards. Proposed law repeals present law.
Present law further requires the child-occupied facility to display a copy of the notification
in a prominent location at the facility and to notify all parents and legal guardians or children
enrolled at the facility. Proposed law repeals present law.
Title 40
Present law provides for the state Sanitary Code which authorizes the La. Dept. of Health
Page 9 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 37
SLS 26RS-7 ENGROSSED
to conduct health and safety inspections and to issue permits to public and private schools
and buildings where people congregate.
Present law establishes a lead poisoning prevention program within the La. Dept. of Health
to provide for the prevention, screening, diagnosis, and treatment of lead poisoning.
Proposed law retains present law and requires early learning centers and schools with
prekindergarten programs built prior to 1978 to have a lead risk assessment and submit the
testing results to the department prior to obtaining department approval of plans and
specifications as part of the department's lead poisoning prevention program.
Proposed law provides that the lead risk assessment shall include painted surfaces of the
building, dust, water, and soil adjust to the building and on any property that is regularly
utilized by the children enrolled at the early learning center or prekindergarten program.
Proposed law provides that the La. Dept. of Health shall provide the owner or operator with
a list developed by the Dept. of Environmental Quality of persons approved or licensed to
conduct non-drinking water lead testing.
Present law authorizes the sale of lead-based paint if the container contains a warning label.
Proposed law repeals present law to prohibit the sale of lead-based paint.
Effective August 1, 2026.
(Amends R.S. 40:1285.1-1285.4, 1285.6(B), and 1285.7; repeals R.S. 30:2351.1(7),
2351.52(A) and (C), and 2351.53 and R.S. 40:1285.6(G))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Changes references from "lead inspections" and "presence of lead" to "lead
investigation", "lead risk assessment", and "lead hazards".
2. Removes elementary schools from the lead risk assessment requirement.
3. Makes technical changes.
Page 10 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.