House File 266
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to a requirement that children receive a blood
2 test for lead by age six or prior to enrollment in an
3 elementary school.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2500HH 80
6 kh/sh/8
PAG LIN
1 1 Section 1. Section 135.102, Code 2003, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 7. Implementation of a requirement that
1 4 children receive a blood test for lead prior to the age of six
1 5 and before enrolling in any elementary school in Iowa in
1 6 accordance with section 135.105D. The department shall also
1 7 adopt rules relating to the reporting of evidence of testing.
1 8 Sec. 2. NEW SECTION. 135.105D LEAD TESTING OF CHILDREN.
1 9 1. A child shall not be enrolled in an elementary school
1 10 in Iowa without evidence of having received a blood test for
1 11 lead.
1 12 2. A parent or legal guardian shall assure that the
1 13 person's minor children residing in the state are tested for
1 14 elevated blood lead levels by the age of six according to
1 15 recommendations provided by the department.
1 16 3. A local board of health shall provide the required lead
1 17 testing to children in areas where no local provision of these
1 18 services exists.
1 19 4. A local board of health, in consultation with the local
1 20 school board and the authorities in charge of nonpublic
1 21 schools, shall furnish the department, within sixty days after
1 22 the first official day of school, evidence that each child
1 23 enrolled in any elementary school has been tested as required
1 24 in this section.
1 25 5. The department may waive the requirements of this
1 26 section if the department determines that a child is of very
1 27 low risk for elevated blood lead levels, or if the child's
1 28 parent or legal guardian submits a written statement that the
1 29 testing conflicts with the tenets and practices of a
1 30 recognized religious denomination of which the parent or legal
1 31 guardian submitting the statement is an adherent or member.
1 32 6. The department shall provide rules adopted pursuant to
1 33 section 135.102, subsection 6, to local school boards, the
1 34 authorities in charge of nonpublic schools, and to local
1 35 boards of health.
2 1 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection
2 2 3, shall not apply to this Act.
2 3 EXPLANATION
2 4 This bill requires the department of public health to
2 5 implement a requirement that children receive a blood test for
2 6 lead prior to the age of six and before enrolling in any
2 7 elementary school in Iowa. The bill requires a child's parent
2 8 or legal guardian to assure that the child is tested.
2 9 The department shall adopt rules regarding the requirements
2 10 of the bill and shall provide the rules to local school
2 11 boards, authorities in charge of nonpublic schools, and local
2 12 boards of health.
2 13 A local board of health must test children in areas where
2 14 no local provision of the services exists. The local board
2 15 must also provide evidence to the department that the children
2 16 living in the area served by the board have been tested.
2 17 The department can waive testing requirements if the
2 18 department determines that a child is of very low risk or if
2 19 the child's parent or legal guardian objects to the test on
2 20 religious grounds.
2 21 The bill may include a state mandate as defined in Code
2 22 section 25B.3. The bill makes inapplicable Code section
2 23 25B.2, subsection 3, which would relieve a political
2 24 subdivision from complying with a state mandate if funding for
2 25 the cost of the state mandate is not provided or specified.
2 26 Therefore, political subdivisions are required to comply with
2 27 any state mandate included in the bill.
2 28 LSB 2500HH 80
2 29 kh/sh/8