Illinois General Assembly - Full Text of SB2996
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Full Text of SB2996  100th General Assembly

SB2996enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB2996 EnrolledLRB100 19847 MJP 35123 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Lead Poisoning Prevention Act is amended by
5changing Sections 2, 7, and 14 as follows:
 
6    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
7    Sec. 2. Definitions. As used in this Act:
8    "Child care facility" means any structure used by a child
9care provider licensed by the Department of Children and Family
10Services or public or private school structure frequented by
11children 6 years of age or younger.
12    "Childhood Lead Risk Questionnaire" means the
13questionnaire developed by the Department for use by physicians
14and other health care providers to determine risk factors for
15children 6 years of age or younger residing in areas designated
16as low risk for lead exposure.
17    "Delegate agency" means a unit of local government or
18health department approved by the Department to carry out the
19provisions of this Act.
20    "Department" means the Department of Public Health.
21    "Director" means the Director of Public Health.
22    "Dwelling unit" means an individual unit within a
23residential building used as living quarters for one household.

 

 

SB2996 Enrolled- 2 -LRB100 19847 MJP 35123 b

1    "Elevated blood lead level" means a blood lead level in
2excess of the those considered within the permissible limits as
3established under State and federal rules.
4    "Exposed surface" means any interior or exterior surface of
5a regulated facility.
6    "High risk area" means an area in the State determined by
7the Department to be high risk for lead exposure for children 6
8years of age or younger. The Department may consider, but is
9not limited to, the following factors to determine a high risk
10area: age and condition (using Department of Housing and Urban
11Development definitions of "slum" and "blighted") of housing,
12proximity to highway traffic or heavy local traffic or both,
13percentage of housing determined as rental or vacant, proximity
14to industry using lead, established incidence of elevated blood
15lead levels in children, percentage of population living below
16200% of federal poverty guidelines, and number of children
17residing in the area who are 6 years of age or younger.
18    "Lead abatement" means any approved work practices that
19will permanently eliminate lead exposure or remove the
20lead-bearing substances in a regulated facility. The
21Department shall establish by rule which work practices are
22approved or prohibited for lead abatement.
23    "Lead abatement contractor" means any person or entity
24licensed by the Department to perform lead abatement and
25mitigation.
26    "Lead abatement supervisor" means any person employed by a

 

 

SB2996 Enrolled- 3 -LRB100 19847 MJP 35123 b

1lead abatement contractor and licensed by the Department to
2perform lead abatement and lead mitigation and to supervise
3lead workers who perform lead abatement and lead mitigation.
4    "Lead abatement worker" means any person employed by a lead
5abatement contractor and licensed by the Department to perform
6lead abatement and mitigation.
7    "Lead activities" means the conduct of any lead services,
8including, lead inspection, lead risk assessment, lead
9mitigation, or lead abatement work or supervision in a
10regulated facility.
11    "Lead-bearing substance" means any item containing or
12coated with lead such that the lead content is more than
13six-hundredths of one percent (0.06%) lead by total weight; or
14any dust on surfaces or in furniture or other nonpermanent
15elements of the regulated facility; or any paint or other
16surface coating material containing more than five-tenths of
17one percent (0.5%) lead by total weight (calculated as lead
18metal) in the total non-volatile content of liquid paint; or
19lead-bearing substances containing greater than one milligram
20per square centimeter or any lower standard for lead content in
21residential paint as may be established by federal law or rule;
22or more than 1 milligram per square centimeter in the dried
23film of paint or previously applied substance; or item or dust
24on item containing lead in excess of the amount specified in
25the rules authorized by this Act or a lower standard for lead
26content as may be established by federal law or rule.

 

 

SB2996 Enrolled- 4 -LRB100 19847 MJP 35123 b

1"Lead-bearing substance" does not include firearm ammunition
2or components as defined by the Firearm Owners Identification
3Card Act.
4    "Lead hazard" means a lead-bearing substance that poses an
5immediate health hazard to humans.
6    "Lead hazard screen" means a lead risk assessment that
7involves limited dust and paint sampling for lead-bearing
8substances and lead hazards. This service is used as a
9screening tool designed to determine if further lead
10investigative services are required for the regulated
11facility.
12    "Lead inspection" means a surface-by-surface investigation
13to determine the presence of lead-based paint.
14    "Lead inspector" means an individual who has been trained
15by a Department-approved training program and is licensed by
16the Department to conduct lead inspections; to sample for the
17presence of lead in paint, dust, soil, and water; and to
18conduct compliance investigations.
19    "Lead mitigation" means the remediation, in a manner
20described in Section 9, of a lead hazard so that the
21lead-bearing substance does not pose an immediate health hazard
22to humans.
23    "Lead poisoning" means the condition of having an elevated
24blood lead level. blood lead levels in excess of those
25considered safe under State and federal rules.
26    "Lead risk assessment" means an on-site investigation to

 

 

SB2996 Enrolled- 5 -LRB100 19847 MJP 35123 b

1determine the existence, nature, severity, and location of lead
2hazards. "Lead risk assessment" includes any lead sampling and
3visual assessment associated with conducting a lead risk
4assessment and lead hazard screen and all lead sampling
5associated with compliance investigations.
6    "Lead risk assessor" means an individual who has been
7trained by a Department-approved training program and is
8licensed by the Department to conduct lead risk assessments,
9lead inspections, and lead hazard screens; to sample for the
10presence of lead in paint, dust, soil, water, and sources for
11lead-bearing substances; and to conduct compliance
12investigations.
13    "Lead training program provider" means any person
14providing Department-approved lead training in Illinois to
15individuals seeking licensure in accordance with the Act.
16    "Low risk area" means an area in the State determined by
17the Department to be low risk for lead exposure for children 6
18years of age or younger. The Department may consider the
19factors named in "high risk area" to determine low risk areas.
20    "Owner" means any person, who alone, jointly, or severally
21with others:
22        (a) Has legal title to any regulated facility, with or
23    without actual possession of the regulated facility, or
24        (b) Has charge, care, or control of the regulated
25    facility as owner or agent of the owner, or as executor,
26    administrator, trustee, or guardian of the estate of the

 

 

SB2996 Enrolled- 6 -LRB100 19847 MJP 35123 b

1    owner.
2    "Person" means any individual, partnership, firm, company,
3limited liability company, corporation, association, joint
4stock company, trust, estate, political subdivision, State
5agency, or any other legal entity, or their legal
6representative, agent, or assign.
7    "Regulated facility" means a residential building or child
8care facility.
9    "Residential building" means any room, group of rooms, or
10other interior areas of a structure designed or used for human
11habitation; common areas accessible by inhabitants; and the
12surrounding property or structures.
13(Source: P.A. 98-690, eff. 1-1-15.)
 
14    (410 ILCS 45/7)  (from Ch. 111 1/2, par. 1307)
15    Sec. 7. Reports of lead poisoning required; lead
16information to remain confidential; disclosure prohibited.
17Every physician who diagnoses, or a health care provider,
18nurse, hospital administrator, or public health officer who has
19verified information of the existence of a blood lead test
20result for any child or pregnant person shall report the result
21to the Department. Results identifying an elevated blood lead
22level in excess of the permissible limits set forth in rules
23adopted by the Department shall be reported to the Department
24within 48 hours of receipt of verification. Reports shall
25include the name, address, laboratory results, date of birth,

 

 

SB2996 Enrolled- 7 -LRB100 19847 MJP 35123 b

1and any other information about the child or pregnant person
2deemed essential by the Department. Directors of clinical
3laboratories must report to the Department, within 48 hours of
4receipt of verification, all blood lead analyses equal to or
5above an elevated blood lead level above permissible limits set
6forth in rule performed in their facility. The information
7included in the clinical laboratories report shall include, but
8not be limited to, the child's name, address, date of birth,
9name of physician ordering analysis, and specimen type. All
10blood lead levels less than an elevated blood lead level the
11permissible limits set forth in rule must be reported to the
12Department in accordance with rules adopted by the Department.
13These rules shall not require reporting in less than 30 days
14after the end of the month in which the results are obtained.
15All information obtained by the Department from any source and
16all information, data, reports, e-mails, letters, and other
17documents generated by the Department or any of its delegate
18agencies concerning any person subject to this Act receiving a
19blood lead test shall be treated in the same manner as
20information subject to the provisions of Part 21 of Article
21VIII of the Code of Civil Procedure and shall not be disclosed.
22This prohibition on disclosure extends to all information and
23reports obtained or created by the Department or any of its
24delegate agencies concerning any regulated facility that has
25been identified as a potential lead hazard or a source of lead
26poisoning. This prohibition on disclosure does not prevent the

 

 

SB2996 Enrolled- 8 -LRB100 19847 MJP 35123 b

1Department or its delegates from using any information it
2obtains civilly, criminally, or administratively to prosecute
3any person who violates this Act, nor does it prevent the
4Department or its delegates from disclosing any certificate of
5compliance, notice, or mitigation order issued pursuant to this
6Act. Any physician, nurse, hospital administrator, director of
7a clinical laboratory, public health officer, or allied health
8professional making a report in good faith shall be immune from
9any civil or criminal liability that otherwise might be
10incurred from the making of a report.
11(Source: P.A. 98-690, eff. 1-1-15.)
 
12    (410 ILCS 45/14)  (from Ch. 111 1/2, par. 1314)
13    Sec. 14. Departmental rules and activities. The Department
14shall establish and publish rules governing permissible limits
15of lead in and about regulated facilities.
16    No later than 180 days after the effective date of this
17amendatory Act of the 100th General Assembly, the Department
18shall submit proposed amended rules to the Joint Committee on
19Administrative Rules to update: the definition of elevated
20blood lead level to be in accordance with the most recent
21childhood blood lead level reference value from the federal
22Centers for Disease Control and Prevention; the current
23requirements for the inspection of regulated facilities
24occupied by children based on the updated definition of
25elevated blood lead level or the history of lead hazards; and

 

 

SB2996 Enrolled- 9 -LRB100 19847 MJP 35123 b

1any other existing rules that will assist the Department in its
2efforts to prevent, reduce, or mitigate the negative impact of
3instances of lead poisoning among children. The changes made to
4this Section by this amendatory Act of the 100th General
5Assembly do not preclude subsequent rulemaking by the
6Department.
7    The Department shall also initiate activities that:
8        (a) Either provide for or support the monitoring and
9    validation of all medical laboratories and private and
10    public hospitals that perform lead determination tests on
11    human blood or other tissues.
12        (b) Subject to Section 7.2 of this Act, provide
13    laboratory testing of blood specimens for lead content to
14    any physician, hospital, clinic, free clinic,
15    municipality, or private organization that cannot secure
16    or provide the services through other sources. The
17    Department shall not assume responsibility for blood lead
18    analysis required in programs currently in operation.
19        (c) Develop or encourage the development of
20    appropriate programs and studies to identify sources of
21    lead intoxication and assist other entities in the
22    identification of lead in children's blood and the sources
23    of that intoxication.
24        (d) Provide technical assistance and consultation to
25    local, county, or regional governmental or private
26    agencies for the promotion and development of lead

 

 

SB2996 Enrolled- 10 -LRB100 19847 MJP 35123 b

1    poisoning prevention programs.
2        (e) Provide recommendations by the Department on the
3    subject of identification, case management, and treatment
4    of lead poisoning.
5        (f) Maintain a clearinghouse of information, and will
6    develop additional educational materials, on (i) lead
7    hazards to children, (ii) lead poisoning prevention, (iii)
8    blood lead testing, (iv) lead mitigation, lead abatement,
9    and disposal, and (v) health hazards during lead abatement.
10    The Department shall make this information available to the
11    general public.
12(Source: P.A. 98-690, eff. 1-1-15.)