BILL NUMBER: AB 358	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 14, 2013

   An act to amend Section 105280 of the Health and Safety Code,
relating to lead poisoning.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 358, as introduced, Holden. Childhood Lead Poisoning Prevention
Act of 1991.
   Existing law, the Childhood Lead Poisoning Prevention Act of 1991,
requires the State Department of Public Health to adopt regulations
establishing a standard of care, at least as stringent as the most
recent United States Centers for Disease Control and Prevention blood
lead level screening guidelines, under which all children are
required to be evaluated for risk of lead poisoning by health care
providers during each child's periodic health assessment. These
provisions are to be implemented only to the extent there are
sufficient fees collected from certain manufacturers and persons who
significantly contributed or currently contribute, or both, to
environmental lead contamination. The act defines "environmental lead
contamination" as the persistent presence of lead in the
environment, in quantifiable amounts, that results in ongoing and
chronic exposure to children.
   This bill would specify that quantifiable amounts of lead are
amounts that can be accurately measured by quantitative or
qualitative means, as determined by the department.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 105280 of the Health and Safety Code is amended
to read:
   105280.  For purposes of this chapter, the following definitions
apply:
   (a) "Appropriate case management" means health care referrals,
environmental assessments, and educational activities, performed by
the appropriate person, professional, or entity, necessary to reduce
a child's exposure to lead and the consequences of the exposure, as
determined by the United States Centers for Disease Control  and
Prevention  , or as determined by the department pursuant to
Section 105300.
   (b) "Lead poisoning" means the disease present when the
concentration of lead in whole venous blood reaches or exceeds levels
constituting a health risk, as specified in the most recent United
States Centers for Disease Control  and Prevention 
guidelines for lead poisoning as determined by the department, or
when the concentration of lead in whole venous blood reaches or
exceeds levels constituting a health risk as determined by the
department pursuant to Section 105300.
   (c) "Department" means the State Department of  Public 
Health  Services  .
   (d) "Health assessment" has the same meaning as prescribed in
Section 6800 of Title 17 of the California Code of Regulations.
   (e) "Screen" means the medical procedure by which the
concentration of lead in whole venous blood is measured.
   (f) "Health care" means the identification, through evaluation and
screening, if indicated, of lead poisoning, as well as any followup
medical treatment necessary to reduce the elevated blood lead levels.

   (g) "Environmental lead contamination" means the persistent
presence of lead in the environment, in quantifiable amounts 
that can be accurately measured by quantitative or qualitative means,
as determined by the department  , that results in ongoing and
chronic exposure to children.