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| 1 | AN ACT concerning health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Lead Poisoning Prevention Act is amended by | ||||||
| 5 | changing Sections 2, 7, and 14 as follows:
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| 6 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
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| 7 | Sec. 2. Definitions. As used in this Act:
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| 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.
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| 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.
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| 20 | "Department" means the Department of Public Health.
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| 21 | "Director" means the Director of Public Health.
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| 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
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| 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
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| 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.
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| 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.
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| 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.
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| 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
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| 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.
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| 4 | "Lead hazard" means a lead-bearing substance that poses an
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| 5 | immediate health hazard to humans.
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| 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
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| 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.
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| 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
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| 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:
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| 22 | (a) Has legal title to any regulated facility, with or
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| 23 | without actual possession of the regulated facility, or
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| 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.
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| 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.
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| 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.
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| 13 | (Source: P.A. 98-690, eff. 1-1-15.)
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| 14 | (410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
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| 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
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| 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
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| 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
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| 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.
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| 11 | (Source: P.A. 98-690, eff. 1-1-15.)
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| 12 | (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
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| 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.
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| 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:
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| 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.
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| 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
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| 17 | Department shall not assume responsibility for blood lead | ||||||
| 18 | analysis required
in programs currently in operation.
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| 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
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| 23 | of that intoxication.
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| 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.
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| 2 | (e) Provide recommendations by the Department on the | ||||||
| 3 | subject of
identification, case management, and treatment | ||||||
| 4 | of lead poisoning.
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| 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.
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| 12 | (Source: P.A. 98-690, eff. 1-1-15.)
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