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Business Taxes Law Guide—Revision 2024
Childhood Lead Poisoning Prevention Fee
Health and Safety Code
Division 103. Disease Prevention and Health Promotion
Part 5. Environmental and Occupational Epidemiology
Chapter 5. Childhood Lead Poisoning Prevention
Section 105285
105285. Standard of care. (a) It is the goal of the state that all children at risk of lead exposure receive blood lead screening tests.
(b) (1) The department shall adopt regulations establishing a standard of care, at least as stringent as the most recent federal Centers for Disease Control and Prevention screening guidelines, whereby all children are evaluated for risk of lead poisoning by health care providers during each child's periodic health assessment. The regulations shall meet the goals of subdivision (a) and shall include the determination of risk factors for whether a child is "at risk."
(2) When determining the risk factors, the department shall consider the most significant environmental risk factors, including, but not limited to, all of the following:
(A) A child’s time spent in a home, school, or building built before 1978.
(B) A child’s proximity to a former lead or steel smelter or an industrial facility that historically emitted or currently emits lead.
(C) A child’s proximity to a freeway or heavily traveled roadway.
(D) Other potential risk factors for lead exposure, and known sources of lead contamination.
(E) A child’s residency in or visit to a foreign country.
(F) A child’s residency in a high-risk ZIP Code.
(G) A child who has a sibling or playmate with lead poisoning.
(H) The likelihood of a child placing nonfood items in the mouth.
(I) A child’s proximity to current or former lead-producing facilities.
(J) The likelihood of a child using food, medicine, or dishes from other countries.
(3) By July 1, 2019, the regulations on the specified factors in subparagraphs (A) to (D), inclusive, of paragraph (2) shall be developed in consultation with medical experts, environmental experts, appropriate professional organizations, the public, and others as determined by the department.
(c) The standard of care shall require a child who is determined to be "at risk" for lead poisoning, according to the regulations adopted pursuant to subdivision (b), to be screened.
(d) The standard of care shall provide that a child shall not be screened pursuant to this chapter if the parent or guardian of the child refuses to consent to the screening.
(e) The standard of care shall provide that health care providers are responsible only for evaluation of all children, for screening of children determined to be at risk, and for medically necessary followup services.
(f) The fee imposed by Section 105310 shall not be used to fund blood lead screening under this section.
History—Stats. 2018, Ch. 690 (SB 1041), in effect January 1, 2019, substituted "It is the goal" sentence in subdivision (a) for subdivision (b), added "meet the goals of subdivision (a) and shall" after "The regulations shall" in second sentence of subdivision (b), relettered reference to subdivision "(b)" from subdivision "(a)" in subdivision (c), and relettered former subdivisions (b) through (e) as (c) through (f), respectively. Stats. 2020, Ch. 216 (AbB 2276), in effect January 1, 2021, reformatted subdivision (b) to number paragraphs (1), (2), and (3) and letter subparagraphs (A) through (D) and added subparagraphs (E) through (J), added "all of the following:" after "but not limited to," in paragraph (2), substituted "A child’s" for ", a child’s" in subparagraphs (A) and (B), substituted "A child’s" for ", other" in subparagraph (C), added "Other" in subparagraph (D), and added "on the specified…of paragraph (2)" after "the regulations" in paragraph (3) of subdivision (b).