Minnesota Statutes 144.9502 – Statewide Lead Surveillance System
Subdivision 1.Surveillance.
The commissioner of health shall establish a statewide lead surveillance system. The purpose of this system is to:
Terms Used In Minnesota Statutes 144.9502
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
(1) monitor blood lead levels in children and adults to identify trends and populations at high risk for elevated blood lead levels;
(2) ensure that screening services are provided to populations at high risk for elevated blood lead levels;
(3) ensure that medical and environmental follow-up services for children with elevated blood lead levels are provided; and
(4) provide accurate and complete data for planning and implementing primary prevention programs that focus on the populations at high risk for elevated blood lead levels.
Subd. 2.Studies and surveys.
The commissioner of health shall collect blood lead level and exposure information, analyze the information, and conduct studies designed to determine the potential for high risk for elevated blood lead levels among children and adults.
Subd. 3.Reports of blood lead analysis required.
(a) Every hospital, medical clinic, medical laboratory, other facility, or individual performing blood lead analysis shall report the results after the analysis of each specimen analyzed, for both capillary and venous specimens, and epidemiologic information required in this section to the commissioner of health, within the time frames set forth in clauses (1) and (2):
(1) within two working days by telephone, fax, or electronic transmission as prescribed by the commissioner, with written or electronic confirmation within one month as prescribed by the commissioner, for a venous blood lead level equal to or greater than 15 micrograms of lead per deciliter of whole blood; or
(2) within one month in writing or by electronic transmission as prescribed by the commissioner, for any capillary result or for a venous blood lead level less than 15 micrograms of lead per deciliter of whole blood.
(b) If a blood lead analysis is performed outside of Minnesota and the facility performing the analysis does not report the blood lead analysis results and epidemiological information required in this section to the commissioner, the provider who collected the blood specimen must satisfy the reporting requirements of this section. For purposes of this section, “provider” has the meaning given in section 62D.02, subdivision 9.
(c) The commissioner shall coordinate with hospitals, medical clinics, medical laboratories, and other facilities performing blood lead analysis to develop a universal reporting form and mechanism.
Subd. 4.Blood lead analyses and epidemiologic information.
The blood lead analysis reports required in this section must specify:
(1) whether the specimen was collected as a capillary or venous sample;
(2) the date the sample was collected;
(3) the results of the blood lead analysis;
(4) the date the sample was analyzed;
(5) the method of analysis used;
(6) the full name, address, and phone number of the laboratory performing the analysis;
(7) the full name, address, and phone number of the physician, advanced practice registered nurse, physician assistant, or facility requesting the analysis;
(8) the full name, address, and phone number of the person with the blood lead level, and the person’s birthdate, gender, and race.
Subd. 5.Follow-up epidemiologic information.
The follow-up epidemiologic information required in this section must specify:
(1) the name, address, and phone number of the agency or individual contacted to investigate the environment of the person with the elevated blood lead level to determine the sources of lead exposure; and
(2) the name, address, and phone number of all agencies or individuals to whom the person or the person’s guardian was referred for education about the sources, effects, and prevention of lead exposure.
Subd. 6.
[Repealed, 2001 c 205 art 1 s 43]
Subd. 7.Reporting without liability.
The furnishing of the information required under this section shall not subject the person, laboratory, or other facility furnishing the information to any action for damages or relief.
Subd. 8.Laboratory standards.
(a) A laboratory performing blood lead analysis shall use methods that:
(1) meet or exceed the proficiency standards established in the federal Clinical Laboratory Improvement Regulations, 42 C.F.R. § 493, promulgated in accordance with the Clinical Laboratory Improvement Act amendments of 1988, Public Law 100-578; or
(2) meet or exceed the Occupational Safety and Health Standards for Lead in General Industries, Code of Federal Regulations, section 1910.1025, and Occupational Safety and Health Standards for Lead in Construction, Code of Federal Regulations, section 1926.62.
(b) A laboratory performing lead analysis of paint, soil, or dust must be a laboratory recognized by the United States Environmental Protection Agency under the Toxic Substances Control Act, United States Code, title 15, § 2685, paragraph (b). Analysis of samples of drinking water must be performed by a laboratory certified by the commissioner to analyze lead in water.
Subd. 9.Classification of data.
Notwithstanding any law to the contrary, including section 13.05, subdivision 9, data collected by the commissioner of health about persons with blood lead levels, including analytic results from samples of paint, soil, dust, and drinking water taken from the individual’s home and immediate property, shall be private and may only be used by the commissioner of health, the commissioner of labor and industry, authorized agents of Indian tribes, and authorized employees of community health boards for the purposes set forth in this section.