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A1692
ASSEMBLY, No. 1692
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Revises and codifies schedule for childhood lead
screenings.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning childhood lead poisoning prevention
,
amending P.L.1995, c.316, and amending
and
supplementing P.L.1995, c.328.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� (New section)� a.� Every
physician, registered professional nurse, or health care facility, agency, or
program that is subject to the provisions of section 3 of P.L.1995, c.328
(C.26:2-137.4) shall perform lead screening on each patient between six months
and 26 months of age, in accordance with the schedule specified in this
section.
���� b.� A child shall be screened
for elevated blood lead levels, during the regular course of a well visit:
���� (1) when the child is between
nine and 18 months of age; preferably on the date of, or as close as possible
to, the child�s first birthday; and
���� (2) at least six months after
the first lead screening test, when the child is between 18 and 26 months of
age; preferably on the date of, or as close as possible to, the child�s second
birthday.�
���� c.� A physician, registered
professional nurse, or health care facility, agency, or program performing lead
screening in accordance with the provisions of this section and the provisions
of P.L.1995, c.328 (C.26:2-137.2 et seq.) may perform the screening on-site, at
the point of care, during the course of a well visit.
���� d.� The physician, registered
professional nurse, or health care facility, agency, or program performing lead
screening in accordance with the provisions of this section and the provisions
of P.L.1995, c.328 (C.26:2-137.2 et seq.) shall record, in the child�s
permanent health record, the date the test was administered and the results of
the test.�
���� 2.��� Section 7 of P.L.1995,
c.316 (C.26:2-137.1) is amended to read as follows:
���� 7.��� The Department of Health
shall specify by regulation, pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.):
���� a.���� The lead screening
requirements provided for under P.L.1995, c.316 (C.17:48E-35.10 et al.),
including the age of the child when initial screening should be conducted, the
time intervals between screening, when follow-up testing is required, the
methods that shall be used to conduct
[
the
]
lead
screening, and, in accordance with the latest recommendations of the federal
Centers for Disease Control and Prevention and the provisions of
P.L.1995, c.328 (C.26:2-137.2 et seq.), the level of lead in the
bloodstream that shall necessitate the undertaking of responsive action�
.�
Any regulations adopted pursuant to this subsection shall be consistent with
the provisions of P.L.1995, c.328 (C.26:2-137.2 et seq.) and section 1 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill)
;
and
���� b.��� The childhood
immunizations recommended by the Advisory Committee on Immunization Practices
of the United States Public Health Service and the Department of Health.
(cf: P.L.2017, c.7, s.2)
���� 3.� Section 3 of P.L.1995,
c.328 (C.26:2-137.4) is amended to read as follows:
���� 3.� a.� A physician or
registered professional nurse, as appropriate, shall perform lead screening on
each patient under six years of age to whom the physician or registered
professional nurse provides health care services,
in accordance with the
provisions of N.J.A.C.8:51A-2.2 and the timeframes established pursuant to
section 1 of P.L.��� , c.�������� (C.����� )(pending before the Legislature as
this bill),
unless the physician or registered professional nurse has
knowledge that the child has already undergone lead screening in accordance
with the requirements of
[
this
act
]
P.L.1995,
c.328 (C.26:2-137.2 et seq.) and section 1 of P.L.��� , c.��� (C.����� ) (pending
before the Legislature as this bill)
.� If the physician, registered
professional nurse, or an authorized staff member cannot perform the required
lead screening, the physician or registered professional nurse may refer the
patient, in writing, to another physician, registered professional nurse,
health care facility, or designated agency or program which is able to perform
the lead screening.
���� b.��� A health care facility
that serves children and is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et
seq.), and any other agency or program that serves children and is designated
by the commissioner to perform lead screening, shall perform lead screening on
each child under six years of age that the facility, agency, or program serves,
in accordance with the provisions of N.J.A.C.8:51A-2.2 and the timeframes
established pursuant to section 1 of P.L, ���c.��� (C.����� ) (pending before
the Legislature as this bill),
unless the facility, agency, or program has
knowledge that the child has already undergone lead screening in accordance
with the requirements of
[
this
act
]
P.L.1995,
c.328 (C.26:2-137.2 et seq.) and section 1 of P.L.��� , c.��� (C.������ )
(pending before the Legislature as this bill)
.� If the health care
facility, agency, or program cannot perform the required lead screening, the
facility, agency, or program may refer the patient, in writing, to another
health care facility, physician, registered professional nurse, or other
designated agency or program which is able to perform the lead screening.
���� c.���� If
[
a physician,
registered professional nurse, or health care facility, agency, or program
receives laboratory
]
lead screening
test results
[
indicating
]
indicate
that a child has an elevated blood lead level, the physician, registered
professional nurse, or health care facility, agency, or program
receiving
the results of the screening test
shall notify the parent or guardian of
the child, in writing, about the test results, and shall additionally provide
the parent or guardian with an explanation, in plain language, of the
significance of
elevated blood
lead
[
poisoning
]
levels
.� The physician, registered professional nurse, or health care facility,
agency, or program shall also take appropriate measures to ensure that any of
the child's siblings or other members of the household who are under the age of
six either are, or have been, screened for lead exposure.
���� d.��� A physician, registered
professional nurse, or health care facility, agency, or program shall not be
required to conduct lead screening under this act if the parent or guardian of
the child objects to the testing in writing.
���� e.���� (1)���� The department
shall specify, by regulation,
[
the
parameters for lead screening required under this act, including the age of the
child when initial screening shall be conducted, the time intervals between
screening, when follow-up testing is required, and
]
the methods that shall be used
by
physicians, registered professional nurses, and health care facilities,
agencies, or programs
to conduct
[
the
]
lead
[
screening
]
screenings
in accordance with the provisions of P.L.1995, c.328 (C.26:2-137.2 et seq.) and
section 1 of P.L.,�� c.�� (C.��� ) (pending before the Legislature as this
bill), and the conditions and circumstances that will necessitate the use of
follow-up testing
.
���� (2)�� (a)�� The department
shall additionally specify, by regulation, in accordance with the most recent
recommendations of the federal Centers for Disease Control and Prevention, the
elevated blood lead levels that require responsive action under this act, and
the types of responsive action, including environmental follow-up, notice to
the family, additional screening of family members, the provision of case
management services, and the provision of medical treatment such as chelation
therapy, that shall be undertaken when a screening test reveals an elevated
blood lead level.� The levels of responsive action required by the department
pursuant to this paragraph may vary, consistent with the latest recommendations
of the federal Centers for Disease Control and Prevention, based on the
severity of the elevated blood lead level.�
���� (b)�� Within 30 days after the
enactment of P.L.2017, c.7, and on a biennial basis thereafter, the department
shall review and appropriately revise its rules and regulations pertaining to
elevated blood lead levels, in order to ensure that they appropriately reflect,
and are consistent with, the latest guidance from the federal Centers for
Disease Control and Prevention.�
���� f.���� The department shall
develop a mechanism, such as distribution of lead screening record cards or
other appropriate means, by which children who have undergone lead screening
can be identified by physicians, registered professional nurses, and health
care facilities, agencies, and programs that perform lead screening, so as to
avoid duplicate lead screening of children.
���� g.��� The department shall
continuously engage in a public information
and educational outreach
campaign to inform the parents
and guardians
of young children, as well
as physicians, registered professional nurses, and other health care providers,
[
of
]
about
the lead screening requirements
[
of
this act
]
established by P.L.1995, c.328 (C.26:2-137.2 et seq.), and about the lead
screening schedule
established by section 1 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill).� Any information or
documentation that is prepared for purposes of the public information and
educational outreach campaign shall also be posted at a publicly accessible
location on the department�s Internet website
.�
���� At a minimum, the public
information
[
campaign
]
and
educational outreach campaigns
shall:� (1) highlight the importance of lead
screening, and encourage parents, especially those who have not yet complied
with the lead screening provisions of this act, to have their children screened
for
elevated blood
lead
[
poisoning
]
levels
at regular intervals, in accordance with the age-based timeframes established
by department regulation; and (2) provide for the widespread dissemination of
information to parents and health care providers on the dangers of
elevated
blood
lead
[
poisoning
]
levels
,
the factors that contribute to
elevated blood
lead
[
poisoning
]
levels
,
the recommended ages at which children should be tested for
elevated blood
lead
[
poisoning
]
levels
,
and the elevated blood lead levels that require responsive action under this
act.� If the department changes the elevated blood lead levels that require
responsive action under this act, as may be necessary to conform its
regulations to federal guidance, the information disseminated through the
public information
[
campaign
]
and
educational outreach campaigns
shall be appropriately revised to reflect
the new action levels, and shall be reissued to parents and health care
providers, within 30 days after the change is implemented.�
���� h.��� The department, to the
greatest extent possible, shall coordinate payment for lead screening
[
required
pursuant to this act
]
with the State Medicaid program established pursuant to P.L.1968, c.413
(C.30:4D-1 et seq.) and other federal children's health programs,
[
so as
]
in order
to ensure that the State receives the maximum amount of federal financial
participation available for the lead screening services provided pursuant to
[
this act
]
P.L.1995,
c.328 (C.26:2-137.2 et seq.) and section 1 of P.L.,
c.���� (C.������� ) (pending before the Legislature as this bill)
.
(cf: P.L.2017, c.7, s.5)
���� 4.��� The Commissioners of
Health and Education, in consultation with each other, shall each adopt rules
and regulations, pursuant to the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of
this act.
���� 5.��� This act shall take
effect immediately.
STATEMENT
����� This bill would strengthen the existing State
requirements for childhood lead screening by:� (1) codifying, in the statutory
law, the existing schedule for childhood lead screening that appears in
regulations adopted by the Department of Health (DOH); and (2) allowing health
care professionals to perform lead screenings at the point-of-care, in the
regular course of a well visit.
����� The bill would specify, in particular, that every
physician, registered professional nurse, or health care facility, agency, or
program that is subject to the State�s childhood elevated blood lead level
prevention laws will be required to perform a lead screening on each patient
between six months and 26 months of age to whom services are provided, during
the course of a well visit, in accordance with the following schedule:
����� 1)�� when the child is between nine and 18 months of
age; preferably on the date of, or as close as possible to, the child�s first
birthday; and
����� 2)�� at least six months after the first lead
screening test, when the child is between 18 and 26 months of age; preferably
on the date of, or as close as possible to, the child�s second birthday.
����� A physician, registered professional nurse, or health
care facility, agency, or program performing a lead screening in accordance
with this schedule will be authorized to perform the screening on-site, at the
point of care, during the course of a well visit.
����� The physician, registered professional nurse, or
health care facility, agency, or program performing lead screening will be
required to record in the child�s permanent health record the date on which the
lead screening test was administered and the results of the test.
����� The bill requires the DOH to modify its existing lead
screening public information campaign to inform the parents and guardians of
small children, as well as physicians, registered professional nurses, and
other health care providers, about the lead screening schedule and
requirements, and the conditions for initial school enrollment, established by
the bill.� The bill additionally requires the DOH to establish an educational
outreach campaign providing the same information to the same populations.� Any
information or documentation that is prepared for the public information and
educational outreach campaigns is to be posted at a publicly accessible
location on the DOH Internet website.
����� The bill clarifies that any DOH regulations adopted
pursuant to P.L.1995, c.316 (C.17:48E-35.10 et al.), concerning the provision
of insurance coverage for lead screenings, are to be consistent with the
revisions to the State�s lead screening laws adopted under the bill.�