SB2996 Engrossed LRB100 19847 MJP 35123 b
1		AN ACT concerning health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Lead Poisoning Prevention Act is amended by
5		changing 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
9		care provider licensed by the Department of Children and Family
10		Services or public or private school structure frequented by
11		children 6 years of age or younger.
12		"Childhood Lead Risk Questionnaire" means the
13		questionnaire developed by the Department for use by physicians
14		and other health care providers to determine risk factors for
15		children 6 years of age or younger residing in areas designated
16		as low risk for lead exposure.
17		"Delegate agency" means a unit of local government or
18		health department approved by the Department to carry out the
19		provisions 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
23		residential building used as living quarters for one household.

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1		"Elevated blood lead level" means a blood lead level in
2		excess of the those considered within the permissible limits as
3		established under State and federal rules.
4		"Exposed surface" means any interior or exterior surface of
5		a regulated facility.
6		"High risk area" means an area in the State determined by
7		the Department to be high risk for lead exposure for children 6
8		years of age or younger. The Department may consider, but is
9		not limited to, the following factors to determine a high risk
10		area: age and condition (using Department of Housing and Urban
11		Development definitions of "slum" and "blighted") of housing,
12		proximity to highway traffic or heavy local traffic or both,
13		percentage of housing determined as rental or vacant, proximity
14		to industry using lead, established incidence of elevated blood
15		lead levels in children, percentage of population living below
16		200% of federal poverty guidelines, and number of children
17		residing in the area who are 6 years of age or younger.
18		"Lead abatement" means any approved work practices that
19		will permanently eliminate lead exposure or remove the
20		lead-bearing substances in a regulated facility. The
21		Department shall establish by rule which work practices are
22		approved or prohibited for lead abatement.
23		"Lead abatement contractor" means any person or entity
24		licensed by the Department to perform lead abatement and
25		mitigation.
26		"Lead abatement supervisor" means any person employed by a

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

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

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1		determine the existence, nature, severity, and location of lead
2		hazards. "Lead risk assessment" includes any lead sampling and
3		visual assessment associated with conducting a lead risk
4		assessment and lead hazard screen and all lead sampling
5		associated with compliance investigations.
6		"Lead risk assessor" means an individual who has been
7		trained by a Department-approved training program and is
8		licensed by the Department to conduct lead risk assessments,
9		lead inspections, and lead hazard screens; to sample for the
10		presence of lead in paint, dust, soil, water, and sources for
11		lead-bearing substances; and to conduct compliance
12		investigations.
13		"Lead training program provider" means any person
14		providing Department-approved lead training in Illinois to
15		individuals seeking licensure in accordance with the Act.
16		"Low risk area" means an area in the State determined by
17		the Department to be low risk for lead exposure for children 6
18		years of age or younger. The Department may consider the
19		factors named in "high risk area" to determine low risk areas.
20		"Owner" means any person, who alone, jointly, or severally
21		with 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

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

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

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

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1		any other existing rules that will assist the Department in its
2		efforts to prevent, reduce, or mitigate the negative impact of
3		instances of lead poisoning among children. The changes made to
4		this Section by this amendatory Act of the 100th General
5		Assembly do not preclude subsequent rulemaking by the
6		Department.
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

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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.)