2023 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;
(d) develop and implement  public  education  and  community  outreach
programs on lead exposure, detection and risk reduction;
(e)  require  primary  health  care providers to provide the parent or
guardian of each child under six years of age anticipatory  guidance  on
lead  poisoning  prevention  as  part of routine care, including but not
limited to contact information for the state-designated  childhood  lead
poisoning primary prevention program serving their county; and
(f) develop and update as necessary, in consultation with the New York
state advisory council on lead poisoning prevention, a standardized lead
exposure  risk  assessment  questionnaire that shall be available on the
department's website  for  primary  health  care  providers  to  utilize
pursuant  to  subdivision two-a of section thirteen hundred seventy-c of
this title.
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.