NY Pub Health L § 1370-A (2021)
2021 New York Laws PBH - Public Health Article 13 - Nuisances and Sanitation Title 10 - Control of Lead Poisoning 1370-A - Lead Poisoning Prevention Program.

§  1370-a.  Lead poisoning prevention program. 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.