House File 158HOUSE 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 lead test by age six or prior to enrollment in an elementary 3 school. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1885HH 82 6 kh/es/88 PAG LIN 1 1 Section 1. Section 135.102, Code 2007, 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 lead test prior to the age of six and 1 5 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 lead 1 8 poisoning based on these tests. 1 9 Sec. 2. Section 135.105D, Code 2007, is amended by adding 1 10 the following new subsections: 1 11 NEW SUBSECTION. 1A. A child shall not be enrolled in an 1 12 elementary school in Iowa without evidence of having received 1 13 blood lead testing. A parent or guardian shall assure that 1 14 the parent or guardian's minor children residing in the state 1 15 are tested for elevated blood lead levels by the age of six 1 16 according to recommendations provided by the department. 1 17 NEW SUBSECTION. 1B. The board of directors of each school 1 18 district and the authorities in charge of each nonpublic 1 19 school shall furnish the department, within sixty days after 1 20 the first official day of school, evidence that each child 1 21 enrolled in any elementary school has either been tested as 1 22 required in subsection 1A or received a waiver under 1 23 subsection 1C. 1 24 NEW SUBSECTION. 1C. The department may waive the 1 25 requirements of subsection 1A if the department determines 1 26 that a child is of very low risk for elevated blood lead 1 27 levels, or if the child's parent or legal guardian submits a 1 28 written statement that the testing conflicts with the tenets 1 29 and practices of a recognized religious denomination of which 1 30 the parent or legal guardian submitting the statement is an 1 31 adherent or member. 1 32 NEW SUBSECTION. 1D. The department shall provide rules 1 33 adopted pursuant to section 135.102, subsection 7, to local 1 34 school boards and the authorities in charge of nonpublic 1 35 schools. 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 lead 2 6 test 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 is directed to adopt rules regarding the 2 10 requirements of the bill and to provide the rules to local 2 11 school boards and the authorities in charge of nonpublic 2 12 schools. 2 13 The department can waive testing requirements if the 2 14 department determines that a child is of very low risk or if 2 15 the child's parent or legal guardian objects to the test on 2 16 religious grounds. 2 17 The bill may include a state mandate as defined in Code 2 18 section 25B.3. The bill makes inapplicable Code section 2 19 25B.2, subsection 3, which would relieve a political 2 20 subdivision from complying with a state mandate if funding for 2 21 the cost of the state mandate is not provided or specified. 2 22 Therefore, political subdivisions are required to comply with 2 23 any state mandate included in the bill. 2 24 LSB 1885HH 82 2 25 kh:nh/es/88