An Act amending the act of November 3, 2022 (P.L.2135, No.150), known as the Childhood Blood Lead Test Act, further providing for title of act, for legislative purpose, for definitions, for lead poisoning prevention, assessment and testing and for duties of department.

PRINTER'S NO. 1423
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1270
Session of
2025
INTRODUCED BY LABS, HANBIDGE, STAATS, FREEMAN, KAZEEM AND
WARREN, APRIL 21, 2025
REFERRED TO COMMITTEE ON HEALTH, APRIL 21, 2025
AN ACT
Amending the act of November 3, 2022 (P.L.2135, No.150),
entitled "An act providing for blood lead assessment and
testing of certain children and pregnant women by health care
providers; imposing duties on the Department of Health; and
requiring certain health insurance policies to cover blood
lead tests," further providing for title of act, for
legislative purpose, for definitions, for lead poisoning
prevention, assessment and testing and for duties of
department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of November 3, 2022
(P.L.2135, No.150), known as the Childhood Blood Lead Test Act,
is amended to read:
An Act
Providing for blood lead assessment and testing of certain
children and pregnant women by health care [providers]
practitioners; imposing duties on the Department of Health;
and requiring certain health insurance policies to cover
blood lead tests.
Section 2. Section 3(3) of the act is amended to read:
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Section 3. Legislative purpose.
The purposes of this act are:
* * *
(3) To encourage the testing of all children in this
Commonwealth by [two years] nine months of age so that prompt
diagnosis and treatment, as well as the prevention of harm,
are possible.
Section 3. Section 4 of the act is amended by adding
definitions to read:
Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Child." An individual younger than 18 years of age.
* * *
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
* * *
Section 4. Sections 5 and 6(a) and (b)(2) of the act are
amended to read:
Section 5. Lead poisoning prevention, assessment and testing.
(a) Lead testing for children.--
[(1) The following apply:
(i) A health care provider shall consider possible
lead exposure in an individual patient by evaluating risk
factors for lead exposure and perform blood lead testing
in accordance with recommendations from the Centers for
Disease Control and Prevention and the American Academy
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of Pediatrics by 24 months of age.
(ii) If a patient has never been tested in
accordance with recommendations from the Centers for
Disease Control and Prevention and the American Academy
of Pediatrics by 24 months of age, a health care provider
shall consider possible lead exposure and perform blood
lead testing in an individual patient between 24 months
and 72 months of age.
(iii) A health care provider shall make reasonable
efforts to ensure that a patient's parent or legal
guardian understands the risks and benefits of blood lead
testing prior to obtaining consent.
(2) If a patient's parent or legal guardian consents to
blood lead testing for the patient under paragraph (1) and
the results of a capillary blood lead test indicate an
elevated blood lead level, the health care provider shall
perform a confirmatory blood lead test by venipuncture within
12 weeks of the first blood lead test after obtaining the
consent of the patient's parent or legal guardian.]
(1) A health care practitioner who assumes the
responsibility for the postnatal care of a child shall offer
the child's parent or legal guardian blood lead testing for
the child or make a referral for blood lead testing before
the child is nine months of age. If the child is enrolled in
a government program, the health care practitioner shall
notify the parent or legal guardian of the lead testing
requirements under 42 U.S.C. § 1396d(r) (relating to
definitions). The health care practitioner shall evaluate the
child's risk factors for lead exposure and notify the parent
or legal guardian if the child may be at higher risk for lead
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exposure.
(2) If a child has not received a blood lead test by
nine months of age, a health care practitioner shall consider
possible lead exposure in the child by evaluating risk
factors for lead exposure and perform blood lead testing on
the child or make a referral for blood lead testing in
accordance with the recommendations from the Centers for
Disease Control and Prevention and the American Academy of
Pediatrics before the child is 24 months of age.
(3) If a child has not received a blood lead test in
accordance with the recommendations from the Centers for
Disease Control and Prevention and the American Academy of
Pediatrics before the child is 24 months of age, a health
care practitioner shall consider possible lead exposure and
perform blood lead testing on the child or make a referral
for blood lead testing when the child is between 24 months
and 72 months of age.
(4) If a child's parent or legal guardian consents to
blood lead testing under this subsection, a health care
practitioner shall perform blood lead testing or make a
referral for blood lead testing. Testing under this
subsection shall not be performed unless the child's parent
or legal guardian provides written consent to the health care
practitioner.
(5) Prior to obtaining consent from a child's parent or
legal guardian for a blood lead test, a health care
practitioner shall make reasonable efforts to ensure that the
parent or legal guardian understands the risks and benefits
of the blood lead test.
(6) If the results of a capillary blood lead test on a
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child indicate an elevated blood lead level, a health care
practitioner shall perform a confirmatory blood lead test, or
make a referral for a confirmatory blood lead test by
venipuncture within 12 weeks of the first blood lead test
after obtaining the written consent of the child's parent or
legal guardian.
(b) Lead exposure risk assessment and testing requirements
for pregnant women.--A health care [provider] practitioner shall
consider possible lead exposure in individual pregnant women by
evaluating risk factors for lead exposure and perform blood lead
testing if a single risk factor is identified in accordance with
recommendations from the Centers for Disease Control and
Prevention and the American College of Obstetricians and
Gynecologists.
(c) Reporting.--Health care [providers] practitioners and
laboratories shall comply with reporting regulations as
specified in 28 Pa. Code § 27.34 (relating to reporting cases of
lead poisoning).
Section 6. Duties of department.
(a) Comprehensive educational program.--The department shall
conduct a public information campaign to inform parents of young
children, physicians, nurses and other health care [providers]
practitioners of the lead assessment and testing requirements of
this act.
(b) Distribution of literature about childhood lead
poisoning.--
* * *
(2) Educational materials shall be available at no cost
and shall be developed for specific audiences, including
health care [providers] practitioners, homeowners, landlords
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and parents or caregivers.
Section 5. This act shall take effect in 60 days.
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