N.Y. Public Health Law 1370-D – Lead screening of child care, pre-school, pre-kindergarten or kindergarten enrollees
§ 1370-d. Lead screening of child care, pre-school, pre-kindergarten or kindergarten enrollees. 1. Except as provided pursuant to regulations of the department, each child care provider, public and private nursery school, pre-school, and pre-kindergarten or kindergarten licensed, certified or approved by any state or local agency shall, prior to or within three months after initial enrollment of a child under six years of age, obtain from a parent or guardian of the child evidence that said child has been screened for lead.
Terms Used In N.Y. Public Health Law 1370-D
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Owner: means and includes the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling. See N.Y. Public Health Law 1370
- Person: means any natural person. See N.Y. Public Health Law 1370
2. Whenever there exists no evidence of lead screening as provided for in subdivision one of this section or other acceptable evidence of the child's screening for lead, the child care provider, principal, teacher, owner or person in charge of the nursery school, pre-school, or pre-kindergarten or kindergarten shall provide the parent or guardian of the child with information on lead poisoning in children and lead poisoning prevention and refer the parent or guardian to a primary care provider or the local health authority.
3. (a) If any parent or guardian to such child is unable to obtain lead testing, such person may present such child to the health officer of the county in which the child resides, who shall then perform or arrange for the required screening.
(b) The local public health district shall develop and implement a fee schedule for households with incomes in excess of two hundred percent of the federal poverty level for lead screening pursuant to section six hundred six of this chapter, which shall vary depending on patient household income.