BILL NUMBER: AB 2115 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2008
INTRODUCED BY Assembly Member Mullin
FEBRUARY 20, 2008
An act to add Section 124168 to the Health and Safety Code,
relating to childhood lead poisoning.
LEGISLATIVE COUNSEL'S DIGEST
AB 2115, as amended, Mullin. Childhood lead screening.
Existing law, the Childhood Lead Poisoning Prevention Act of 1991,
requires the State Department of Public Health to adopt regulations
establishing a standard of care, at least as stringent as the most
recent United States Centers for Disease Control and Prevention blood
lead level screening guidelines, whereby all children are required
to be evaluated for risk of lead poisoning by health care providers
during each child's periodic health assessment. Existing law also
establishes a Childhood Lead Poisoning Prevention Program within the
department.
Existing law prohibits the governing authority of a school or
other institution from unconditionally admitting any person as a
pupil of any private or public elementary or secondary school, child
care center, day nursery, nursery school, family day care home, or
developmental center unless he or she has been fully immunized
against various diseases and provides documentary proof of a pupil's
immunization status. Existing law requires the governing board of
each school district to exclude from school, for not more than 5
days, any first grade pupil who has not provided either a prescribed
certificate that the child has received health screening and
evaluation services or a waiver.
This bill would, with certain exceptions, on and after July 1,
2010, prohibit the above-described governing authorities from
unconditionally admitting any person who is 6 years of age or
younger as a pupil of any private or public elementary
or secondary school, child care center, day nursery,
nursery school, family day care home, or developmental center, unless
the pupil has a certificate showing that he or she has been
screened evaluated for lead poisoning. The bill
would require evidence of the certificate to be included in the
entrant's permanent cumulative record.
The bill would authorize the department to adopt regulations
specifying the procedures and circumstances in which a registered
nurse may administer a risk assessment, blood screening, or both, for
lead poisoning. By imposing new duties upon local officials,
this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 124168 is added to the Health and Safety Code,
to read:
124168. (a) For purposes of this section, the following terms
shall have the following meanings:
(1) "Certificate" means a document signed by the examining
physician licensed under Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code, or a notice from a
public health agency, or any other private or public source, any of
which indicates that screening an evaluation
for lead poisoning has been completed.
(2) "Department" means State Department of Public Health.
(3) "Governing authority" means the governing board of each school
district or the authority of each other private or public
institution responsible for the operation and control of the
institution or the principal or administrator of each school or
institution.
(4) "Evaluation" means a risk assessment, a blood screening, or
both, for lead poisoning that is or are consistent with regulations
adopted pursuant to Section 105285.
(b) Exempt Except as provided in
subdivisions (d) and (e), the governing authority shall not
unconditionally admit any person who is six years of age or
younger as a pupil of any private or public elementary
or secondary school, child care center, day nursery,
nursery school, family day care home, or developmental center, unless
prior to his or her first admission to that institution he or she
provides evidence to the institution of a certificate showing that he
or she has undergone screening an evaluation
for lead poisoning.
(c) The governing authority shall include the provided evidence of
a certificate showing that each person subject to the requirements
of subdivision (b) has undergone screening an
evaluation for lead poisoning in the person's permanent
cumulative record.
(d) (1) A person who does not have on file the certificate
required by this section may be admitted by the governing authority
on condition that, within a time period designated by the department,
he or she will provide the certificate.
(2) Unless the person is exempt pursuant to subdivision (e), the
governing authority shall prohibit from further attendance any person
admitted conditionally who fails to obtain and provide the required
certificate within the time period designated by the department,
until the person has provided the certificate to the governing
authority.
(e) (1) The certificate shall not be required if the parent,
guardian, or other adult who has assumed responsibility for his or
her care and custody in case of a minor, or the person
seeking admission, if an emancipated minor, provides to the
governing authority an affidavit stating that the screening
evaluation required to obtain the certificate
is contrary to his or her beliefs.
(2) The certificate shall not be required if the parent, guardian,
or other adult who has assumed responsibility for his or her care
and custody in case of a minor, or the person seeking
admission, in the case of an emancipated minor, files with
the governing authority a written statement by a licensed physician
to the effect that the physical condition of the child is such, or
medical circumstances relating to the child are such, that
screening an evaluation for lead poisoning is
not considered safe and indicates the specific nature and probable
duration of the medical condition or circumstances that
contraindicate the screening evaluation
.
(3) The certificate shall not be required for any person 18 years
of age or older.
(f) The department, in consultation with the State Department of
Education, shall adopt and enforce all regulations
regulations as necessary to carry out this
section. These regulations shall include, but not be limited to, the
specification of process for screening for lead poisoning modeled on
the two-step process recommended by the United States Public Health
Services' Centers for Disease Control and the American Academy of
Pediatrics. carry out this section.
(g) Any person or organization administering screening
an evaluation for lead poisoning shall furnish
each person examined, or his or her parent or guardian, as
appropriate, with a certificate of the examination results given in a
form prescribed by the department.
(h) The governing authority may cooperate with the local health
officer in carrying out any programs ordered by the local health
officer for the screening evaluation
for lead poisoning of persons applying for first admission to any
school or institution under its jurisdiction. The governing board of
any school district may use funds, property, and personnel of the
district for that purpose.
(i) It is the intent of the Legislature for the administration of
screening an evaluation for lead
poisoning by registered nurses as part of a school immunization
program under the direction of a supervising physician and surgeon as
provided in Sections 49403 and 49426 of the Education Code, to be in
accordance with accepted medical procedures. To implement this
intent, the department, in consultation with the State Department of
Education, may adopt regulations specifying the procedures and
circumstances under which a registered nurse, acting under the
direction of a supervising physician and surgeon, may administer
screening an evaluation for lead
poisoning. However, nothing in this section shall be construed to
prevent any registered nurse from administering an immunizing agent
in accordance with Sections 49403 and 49426 of the Education Code in
the absence of these regulations.
(j) This section shall become operative July 1, 2010.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.