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An Act To Increase the Availability of Lead Testing for Children
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1315, sub-§4-A, as enacted by PL 1991, c. 810, §7, is repealed.
Sec. 2. 22 MRSA §1319-A, as amended by PL 2001, c. 683, §4 and affected by §10, is repealed.
Sec. 3.  22 MRSA §1319-D  is enacted to read:
§ 1319-D. Laboratory testing
 
1.  Laboratories.     Except as provided in subsection 2, a blood sample taken from a child by a health care provider or laboratory to test for blood lead level must be sent to the Health and Environmental Testing Laboratory for analysis.
 
2.  Facilities approved by the department.     The department may approve the following facilities to test for blood lead level as long as the facility can perform in-office blood lead analyses for purposes of improving blood lead screening and the facility has demonstrated the ability to electronically submit all blood lead testing results and associated information to the department:
 
A.  A Head Start facility; and
 
B.  A health care provider, health care facility or clinic that dispenses benefits of the Women, Infants and Children Special Supplemental Food Program of the federal Child Nutrition Act of 1966.
 
3.  Rules.     The department shall adopt rules regarding blood lead testing conducted by:
 
A.  The Health and Environmental Testing Laboratory;
 
B.  Health care providers, health care facilities and clinics that dispense benefits of the Women, Infants and Children Special Supplemental Food Program of the federal Child Nutrition Act of 1966; and
 
C.  Head Start facilities.
 
4.  Fees; dedicated account; uses.     Whenever possible when a blood lead test is performed by the Health and Environmental Testing Laboratory, the laboratory shall bill 3rd-party payors for services provided under this section and shall deposit all fees received into the Health and Environmental Testing Laboratory dedicated account. The Health and Environmental Testing Laboratory shall use the funds to:
 
A.  Administer a child blood and environmental lead testing program that includes processing, analyzing and reporting child blood lead samples and materials that may contain lead; and
 
B.  Gather data and report laboratory results.
 
Effective 90 days following adjournment of the 125th Legislature, First Regular Session, unless otherwise indicated.