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| Public Act 100-0723 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Lead Poisoning Prevention Act is amended by | ||||
changing Sections 2, 7, and 14 as follows:
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(410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
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Sec. 2. Definitions. As used in this Act:
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"Child care facility" means any structure used by a child | ||||
care
provider licensed by the Department of Children and Family | ||||
Services or
public or private school structure frequented by | ||||
children 6 years of
age or younger.
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"Childhood Lead Risk Questionnaire" means the | ||||
questionnaire developed by the Department for use by physicians | ||||
and other health care providers to determine risk factors for | ||||
children 6 years of age or younger residing in areas designated | ||||
as low risk for lead exposure. | ||||
"Delegate agency" means a unit of local government or | ||||
health
department approved by the Department to carry out the | ||||
provisions of this Act.
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"Department" means the Department of Public Health.
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"Director" means the Director of Public Health.
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"Dwelling unit" means an individual unit within a | ||||
residential building used as living quarters for one household. | ||||
"Elevated blood lead level" means a blood lead level in | ||
excess of the those considered within the permissible limits as | ||
established under State and federal rules. | ||
"Exposed surface" means any interior or exterior surface of
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a regulated facility. | ||
"High risk area" means an area in the State determined by | ||
the Department to
be high risk for lead exposure for children 6 | ||
years of age or younger. The
Department may consider, but is | ||
not limited to, the following factors to
determine a high risk | ||
area: age and condition (using Department of Housing and
Urban
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Development definitions of "slum" and "blighted") of housing, | ||
proximity to
highway traffic or heavy local traffic or both, | ||
percentage of housing
determined as rental or vacant, proximity | ||
to industry using lead, established
incidence of elevated blood | ||
lead levels in children, percentage of population
living
below | ||
200% of federal poverty guidelines, and number of children | ||
residing in
the area who are 6 years of age or younger.
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"Lead abatement" means any approved work practices that | ||
will permanently eliminate lead exposure or remove the | ||
lead-bearing substances in a regulated facility. The | ||
Department shall establish by rule which work practices are | ||
approved or prohibited for lead abatement. | ||
"Lead abatement contractor" means any person or entity | ||
licensed by the
Department to perform lead abatement and | ||
mitigation.
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"Lead abatement supervisor" means any person employed by a | ||
lead abatement contractor and licensed by the Department to | ||
perform lead abatement and lead mitigation and to supervise | ||
lead workers who perform lead abatement and lead mitigation. | ||
"Lead abatement worker" means any person employed by a lead | ||
abatement
contractor and licensed by the Department to perform | ||
lead abatement and
mitigation.
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"Lead activities" means the conduct of any lead services, | ||
including, lead inspection, lead risk assessment, lead | ||
mitigation, or lead abatement work or supervision in a | ||
regulated facility. | ||
"Lead-bearing substance" means any item containing or | ||
coated with lead such that the lead content is more than | ||
six-hundredths of one percent (0.06%) lead by total weight; or | ||
any dust on surfaces or in
furniture or other nonpermanent | ||
elements of the regulated facility; or any paint or
other | ||
surface coating material containing more than five-tenths of | ||
one
percent (0.5%) lead by total weight (calculated as lead | ||
metal) in the total
non-volatile content of liquid paint; or | ||
lead-bearing substances containing
greater than one milligram | ||
per square centimeter or any lower standard for
lead content in | ||
residential paint as may be established by federal law or rule; | ||
or more than 1 milligram per square centimeter in the dried
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film of paint or previously applied substance; or item or dust | ||
on item containing lead in
excess of the amount specified in | ||
the rules authorized by
this Act or a lower standard for lead | ||
content as may be established by
federal law or rule. | ||
"Lead-bearing substance" does not include firearm ammunition | ||
or components as defined by the Firearm Owners Identification | ||
Card Act.
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"Lead hazard" means a lead-bearing substance that poses an
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immediate health hazard to humans.
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"Lead hazard screen" means a lead risk assessment that | ||
involves limited dust and paint sampling for lead-bearing | ||
substances and lead hazards. This service is used as a | ||
screening tool designed to determine if further lead | ||
investigative services are required for the regulated | ||
facility. | ||
"Lead inspection" means a surface-by-surface investigation | ||
to determine the presence of lead-based paint. | ||
"Lead inspector" means an individual who has been trained | ||
by a Department-approved training program and is licensed by | ||
the Department to conduct lead inspections; to sample for the | ||
presence of lead in paint, dust, soil, and water; and to | ||
conduct compliance investigations. | ||
"Lead mitigation" means the remediation, in a
manner | ||
described in Section 9, of a lead hazard so that the
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lead-bearing substance does not pose an immediate
health hazard | ||
to humans. | ||
"Lead poisoning" means the condition of having an elevated | ||
blood lead level. blood lead levels in
excess of those | ||
considered safe under State and federal rules.
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"Lead risk assessment" means an on-site investigation to | ||
determine the existence, nature, severity, and location of lead | ||
hazards. "Lead risk assessment" includes any lead sampling and | ||
visual assessment associated with conducting a lead risk | ||
assessment and lead hazard screen and all lead sampling | ||
associated with compliance investigations. | ||
"Lead risk assessor" means an individual who has been | ||
trained by a Department-approved training program and is | ||
licensed by the Department to conduct lead risk assessments, | ||
lead inspections, and lead hazard screens; to sample for the | ||
presence of lead in paint, dust, soil, water, and sources for | ||
lead-bearing substances; and to conduct compliance | ||
investigations. | ||
"Lead training program provider" means any person | ||
providing Department-approved lead training in Illinois to | ||
individuals seeking licensure in accordance with the Act. | ||
"Low risk area" means an area in the State determined by
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the Department to be low risk for lead exposure for children 6 | ||
years of age or younger. The Department may consider the | ||
factors named in "high risk area" to determine low
risk areas. | ||
"Owner" means any person, who alone, jointly, or severally | ||
with
others:
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(a) Has legal title to any regulated facility, with or
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without actual possession of the regulated facility, or
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(b) Has charge, care, or control of the regulated | ||
facility as owner or agent of the owner, or as executor, | ||
administrator,
trustee, or guardian of the estate of the | ||
owner.
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"Person" means any individual, partnership, firm, company, | ||
limited liability company, corporation, association, joint | ||
stock company, trust, estate, political subdivision, State | ||
agency, or any other legal entity, or their legal | ||
representative, agent, or assign.
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"Regulated facility" means a residential building or child | ||
care facility. | ||
"Residential building" means any room, group of rooms, or | ||
other
interior areas of a structure designed or used for human | ||
habitation; common
areas accessible by inhabitants; and the | ||
surrounding property or structures.
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(Source: P.A. 98-690, eff. 1-1-15.)
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(410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
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Sec. 7. Reports of lead poisoning required; lead | ||
information to remain confidential; disclosure prohibited. | ||
Every physician who
diagnoses, or a health care provider, | ||
nurse, hospital administrator, or public health officer who has
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verified information of the
existence of a blood lead test | ||
result for any child or pregnant person shall report the result | ||
to the Department. Results identifying an elevated blood lead | ||
level in excess of the permissible limits set forth in rules
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adopted by the Department shall be reported to the Department | ||
within 48 hours of receipt of
verification. Reports
shall | ||
include the name, address, laboratory results, date
of birth, | ||
and any other information about the child or pregnant person | ||
deemed essential by
the Department. Directors of clinical | ||
laboratories must report to the
Department, within 48 hours of | ||
receipt of verification, all
blood
lead analyses equal to or | ||
above an elevated blood lead level above permissible limits set | ||
forth in rule performed in their facility. The information | ||
included in the
clinical laboratories report shall include, but | ||
not be limited to, the child's
name, address, date of birth, | ||
name of physician ordering analysis, and specimen
type. All | ||
blood lead levels less than an elevated blood lead level the | ||
permissible limits set forth in rule must be reported to the | ||
Department in accordance
with rules adopted by the Department. | ||
These rules shall not require reporting
in less than 30 days | ||
after the end of the month in which the results
are obtained. | ||
All information obtained by the Department from any source and | ||
all information, data, reports, e-mails, letters, and other | ||
documents generated by the Department or any of its delegate | ||
agencies concerning any person subject to this Act receiving a | ||
blood lead test
shall be treated in
the same manner as | ||
information subject to the provisions of Part 21 of Article
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VIII of the Code of Civil Procedure and shall not be disclosed. | ||
This prohibition on disclosure extends to all information and | ||
reports obtained or created by the Department or any of its | ||
delegate agencies concerning any regulated facility that has | ||
been identified as a potential lead hazard or a source of lead | ||
poisoning. This prohibition on disclosure does not prevent the | ||
Department or its delegates from using any information it | ||
obtains civilly, criminally, or administratively to prosecute | ||
any person who violates this Act, nor does it prevent the | ||
Department or its delegates from disclosing any certificate of | ||
compliance, notice, or mitigation order issued pursuant to this | ||
Act. Any physician, nurse, hospital
administrator, director of | ||
a
clinical laboratory, public health officer, or allied health | ||
professional
making a report in good faith shall be immune from | ||
any civil or criminal
liability that otherwise might be | ||
incurred from the making of a report.
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(Source: P.A. 98-690, eff. 1-1-15.)
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(410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
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Sec. 14. Departmental rules and activities. The Department | ||
shall
establish and publish rules governing permissible
limits | ||
of lead in and about regulated facilities.
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No later than 180 days after the effective date of this | ||
amendatory Act of the 100th General Assembly, the Department | ||
shall submit proposed amended rules to the Joint Committee on | ||
Administrative Rules to update: the definition of elevated | ||
blood lead level to be in accordance with the most recent | ||
childhood blood lead level reference value from the federal | ||
Centers for Disease Control and Prevention; the current | ||
requirements for the inspection of regulated facilities | ||
occupied by children based on the updated definition of | ||
elevated blood lead level or the history of lead hazards; and | ||
any other existing rules that will assist the Department in its | ||
efforts to prevent, reduce, or mitigate the negative impact of | ||
instances of lead poisoning among children. The changes made to | ||
this Section by this amendatory Act of the 100th General | ||
Assembly do not preclude subsequent rulemaking by the | ||
Department. | ||
The Department shall also initiate activities that:
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(a) Either provide for or support the monitoring and | ||
validation
of all medical laboratories and private and | ||
public hospitals that
perform lead determination tests on | ||
human blood or other tissues.
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(b) Subject to Section 7.2 of this Act, provide | ||
laboratory testing
of blood specimens for lead content to | ||
any physician, hospital, clinic,
free clinic, | ||
municipality, or private organization
that cannot secure | ||
or provide the services through other sources. The
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Department shall not assume responsibility for blood lead | ||
analysis required
in programs currently in operation.
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(c) Develop or encourage the development of | ||
appropriate programs
and studies to identify sources of | ||
lead intoxication and assist other
entities in the | ||
identification of lead in children's blood and the sources
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of that intoxication.
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(d) Provide technical assistance and consultation to | ||
local,
county, or regional governmental or private | ||
agencies for the promotion
and development of lead | ||
poisoning prevention programs.
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(e) Provide recommendations by the Department on the | ||
subject of
identification, case management, and treatment | ||
of lead poisoning.
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(f) Maintain a clearinghouse of information, and will | ||
develop
additional educational materials, on (i) lead | ||
hazards to children,
(ii) lead poisoning prevention, (iii) | ||
blood lead testing,
(iv) lead mitigation, lead abatement, | ||
and disposal, and (v)
health hazards during lead abatement. | ||
The Department shall make this information
available to the | ||
general public.
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(Source: P.A. 98-690, eff. 1-1-15.)
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