Public Act 100-0723

SB2996 Enrolled LRB100 19847 MJP 35123 b

AN ACT concerning health.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Lead Poisoning Prevention Act is amended by

changing Sections 2, 7, and 14 as follows:

(410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)

Sec. 2. Definitions. As used in this Act:

"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.

"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.

"Department" means the Department of Public Health.

"Director" means the Director of Public Health.

"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

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

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.

"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.

"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.

"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

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.

"Lead hazard" means a lead-bearing substance that poses an

immediate health hazard to humans.

"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

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.

"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

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:

(a) Has legal title to any regulated facility, with or

without actual possession of the regulated facility, or

(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.

"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.

"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.

(Source: P.A. 98-690, eff. 1-1-15.)

(410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)

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

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

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

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.

(Source: P.A. 98-690, eff. 1-1-15.)

(410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)

Sec. 14. Departmental rules and activities. The Department

shall establish and publish rules governing permissible limits

of lead in and about regulated facilities.

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:

(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.

(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

Department shall not assume responsibility for blood lead

analysis required in programs currently in operation.

(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

of that intoxication.

(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.

(e) Provide recommendations by the Department on the

subject of identification, case management, and treatment

of lead poisoning.

(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.

(Source: P.A. 98-690, eff. 1-1-15.)