Section 1370-A. Lead poisoning prevention program  


Latest version.
  • 1. The department shall
      establish a lead poisoning prevention program.  This  program  shall  be
      responsible for establishing and coordinating activities to prevent lead
      poisoning and to minimize risk of exposure to lead. The department shall
      exercise  any  and  all  authority  which  may  be  deemed necessary and
      appropriate to effectuate the provisions of this title.
        2. The department shall:
        (a) promulgate and enforce  regulations  for  screening  children  and
      pregnant  women, including requirements for blood lead testing, for lead
      poisoning, and for follow up of children and  pregnant  women  who  have
      elevated blood lead levels;
        (b)  enter  into  interagency  agreements to coordinate lead poisoning
      prevention, exposure reduction, identification and treatment  activities
      and  lead  reduction  activities  with  other  federal,  state and local
      agencies and programs;
        (c) establish a statewide registry of lead levels of children provided
      such information is maintained as confidential except for (i) disclosure
      for medical  treatment  purposes;  (ii)  disclosure  of  non-identifying
      epidemiological  data;  and  (iii)  disclosure  of information from such
      registry to the statewide immunization information system established by
      section twenty-one hundred sixty-eight of this chapter; and
        (d) develop and implement  public  education  and  community  outreach
      programs on lead exposure, detection and risk reduction.
        3. The department shall identify and designate areas in the state with
      significant  concentrations  of  children identified with elevated blood
      lead levels as communities of concern for  purposes  of  implementing  a
      childhood  lead  poisoning  primary  prevention program, and may, within
      amounts appropriated, provide grants to implement approved programs. The
      commissioner of health of a county or  part-county  health  district,  a
      county  health  director or a public health director and, in the city of
      New York, the commissioner of the New York city department of health and
      mental hygiene, shall develop and implement a childhood  lead  poisoning
      primary  prevention  program  to  prevent  exposure  to lead-based paint
      hazards for the  communities  of  concern  in  their  jurisdiction.  The
      department  shall  provide  funding  to  the New York city department of
      health and mental hygiene or county health departments to implement  the
      approved  work  plan  for  a childhood lead poisoning primary prevention
      program. The work plan  and  budget,  which  shall  be  subject  to  the
      approval  of  the  department, shall include, but not be limited to: (a)
      identification and designation of an area or areas of high  risk  within
      communities  of  concern; (b) a housing inspection program that includes
      prioritization and inspection of areas of high risk  for  lead  hazards,
      correction  of  identified  lead  hazards using effective lead-safe work
      practices  and,  appropriate  oversight   of   remediation   work;   (c)
      partnerships  with other county or municipal agencies or community-based
      organizations  to  build  community  awareness  of  the  childhood  lead
      poisoning   primary   prevention   program  and  activities,  coordinate
      referrals for services, and support remediation of housing that contains
      lead hazards; (d) a mechanism to provide education and referral for lead
      testing for children and pregnant women to families who are  encountered
      in  the  course  of  conducting primary prevention inspections and other
      outreach activities; and (e) a mechanism and outreach efforts to provide
      housing inspections for lead hazards upon request. The  commissioner  of
      health  of  a  county  or  part-county  health district, a county health
      director or a public health director and, in the city of New  York,  the
      commissioner  of  the  New  York  city  department  of health and mental
      hygiene, shall also enter  into  an  agreement  or  subcontract  with  a
      municipal  government  regarding  inspection  of the paint conditions in
    
      dwellings built prior to nineteen hundred  seventy-eight  for  the  area
      defined  as  the  community  of  concern  and  may, when qualified staff
      exists, designate the local housing maintenance code enforcement  agency
      in  which the community of concern is located as an agency authorized to
      administer the provisions of this title pursuant to subdivision  one  of
      section  thirteen hundred seventy-five of this title. A portion of grant
      funding received to support the local primary  prevention  plan  may  be
      used  to  reduce barriers to lead testing of children and pregnant women
      within the communities  of  concern,  including  the  purchase  of  lead
      testing  devices  and  supplies  when  the  need  for  such resources is
      identified within the community. The commissioner, the  commissioner  of
      health  of  a  county  or  part-county  health district, a county health
      director or a public health director and, in the city of New  York,  the
      commissioner  of  the  New  York  city  department  of health and mental
      hygiene, is authorized to enter into agreements, contracts, subcontracts
      or memoranda of understanding with,  and  provide  technical  and  other
      resources  to,  local  health  officials, local building code officials,
      real property owners, and  community  organizations  in  such  areas  to
      create  and  implement  policies, education and other forms of community
      outreach to address lead exposure, detection and risk reduction. Primary
      prevention plans shall target children less than six years of age living
      in the highest risk housing in the communities  of  concern  identified.
      The   plans   shall   also   take  into  consideration  the  extent  the
      weatherization assistance program and other such programs can be used in
      conjunction  with  lead-based  paint  hazard  risk  reduction.   Funding
      provided  for this program shall be used for the activities described in
      this section and shall not be used for other activities required by this
      title.