CHAPTER 39.4. CHILDHOOD LEAD POISONING

IC 16-41-39.4
    Chapter 39.4. Childhood Lead Poisoning

IC 16-41-39.4-1
Rules
    Sec. 1. (a) The state department may adopt rules under IC 4-22-2to implement this chapter.
    (b) The state department shall adopt rules under IC 4-22-2 for thecase management of a child with lead poisoning.
As added by P.L.123-1997, SEC.12. Amended by P.L.99-2002,SEC.8; P.L.135-2005, SEC.3.

IC 16-41-39.4-2
Powers of state department
    Sec. 2. (a) The state department may do the following:
        (1) Determine the magnitude of lead poisoning in Indiana'sresidents.
        (2) Provide consultation and education to a medical providernetwork that screens for lead poisoning throughout Indiana.
        (3) Receive and analyze blood samples or assist regional labsites to receive and analyze blood samples for lead poisoning.
        (4) Develop and maintain a data base of unduplicated childrenwith lead poisoning.
        (5) Provide consultation to local health departments regardingmedical case follow-up and environmental inspectionsconnected to reducing the incidence of lead poisoning.
        (6) Coordinate lead exposure detection activities with localhealth departments.
        (7) Coordinate with social service organizations for outreachprograms regarding lead poisoning.
        (8) Notify and update pediatricians and family practicephysicians of lead hazards in a timely fashion.
        (9) Provide consumer alerts and consumer education regardinglead hazards.
    (b) The state department shall establish reporting, monitoring, andpreventive procedures to protect from lead poisoning.
As added by P.L.123-1997, SEC.12. Amended by P.L.59-2003,SEC.1; P.L.135-2005, SEC.4.

IC 16-41-39.4-3
Blood examinations; reports; penalties
    Sec. 3. (a) A person that examines the blood of an individualdescribed in section 2 of this chapter for the presence of lead mustreport to the state department the results of the examination not laterthan one (1) week after completing the examination. The report mustinclude at least the following:
        (1) With respect to the individual whose blood is examined:
            (A) the name;
            (B) the date of birth;
            (C) the gender;            (D) the race; and
            (E) any other information that is required to be included toqualify to receive federal funding.
        (2) With respect to the examination:
            (A) the date;
            (B) the type of blood test performed;
            (C) the person's normal limits for the test;
            (D) the results of the test; and
            (E) the person's interpretation of the results of the test.
        (3) The names, addresses, and telephone numbers of:
            (A) the person; and
            (B) the attending physician, hospital, clinic, or otherspecimen submitter.
    (b) If a person required to report under subsection (a) hassubmitted more than fifty (50) results in the previous calendar year,the person must submit subsequent reports in an electronic formatdetermined by the state department.
    (c) Except as provided in subsection (d), if a person required toreport under subsection (a) fails to provide complete informationwithin ten (10) days after notification by the state department, thestate department may, in accordance with IC 4-21.5, assess a civilpenalty against the person in an amount equal to one thousand fivehundred dollars ($1,500) for each incomplete report that is submittedafter receipt of the notification. Money received by the statedepartment under this subsection shall be deposited in the fund.
    (d) Subsection (c) does not apply to a person who acts in goodfaith to provide a complete report required under subsection (a), butwho:
        (1) is unable to collect all of the information required for acomplete report; or
        (2) provides incorrect information on a completed report.
As added by P.L.99-2002, SEC.9. Amended by P.L.59-2003, SEC.2;P.L.135-2005, SEC.5; P.L.102-2008, SEC.11.

IC 16-41-39.4-3.1
Childhood lead poisoning prevention fund
    Sec. 3.1. (a) The childhood lead poisoning prevention fund isestablished for the purpose of funding childhood lead poisoningoutreach and prevention activities. The fund shall be administered bythe state department.
    (b) The expenses of administering the fund shall be paid frommoney in the fund.
    (c) The fund consists of:
        (1) civil penalties assessed under section 3 of this chapter;
        (2) gifts; and
        (3) appropriations from the general assembly.
    (d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund.    (e) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.102-2008, SEC.12.

IC 16-41-39.4-4
Distribution of information
    Sec. 4. (a) The state department, the office of the secretary offamily and social services, and local health departments shall shareamong themselves and with the United States Department of Healthand Human Services and the United States Department of Housingand Urban Development information, including a child's name,address, and demographic information, that is gathered after January1, 1990, concerning the concentration of lead in the blood of a childless than seven (7) years of age to the extent necessary to determinethe prevalence and distribution of lead poisoning in children lessthan seven (7) years of age.
    (b) The state department, the office of the secretary of family andsocial services, and local health departments shall share informationdescribed in subsection (a) that is gathered after July 1, 2002, amongthemselves and with organizations that administer federal, state, andlocal programs covered by the United States Department of Housingand Urban Development regulations concerning lead-based paintpoisoning prevention in certain residential structures under 24 CFRSubpart A, Part 35 to the extent necessary to ensure that childrenpotentially affected by lead-based paint and lead hazards areadequately protected from lead poisoning.
    (c) A person who shares data under this section is not liable forany damages caused by compliance with this section.
As added by P.L.99-2002, SEC.10. Amended by P.L.1-2003, SEC.63;P.L.135-2005, SEC.6.

IC 16-41-39.4-5
Annual report
    Sec. 5. (a) The state department shall, in cooperation with otherstate agencies, collect data under this chapter and, before March 15of each year, report the results to the general assembly for theprevious calender year. A copy of the report shall be transmitted inan electronic format under IC 5-14-6 to the executive director of thelegislative services agency for distribution to the members of thegeneral assembly.
    (b) The report transmitted under subsection (a) must include foreach county the following information concerning children who areless than seven (7) years of age:
        (1) The number of children who received a blood lead test.
        (2) The number of children who had a blood test result of atleast ten (10) micrograms of lead per deciliter of blood.
        (3) The number of children identified under subdivision (2) whoreceived a blood test to confirm that they had lead poisoning.
        (4) The number of children identified under subdivision (3) whohad lead poisoning.        (5) The number of children identified under subdivision (4) whohad a blood test result of less than ten (10) micrograms of leadper deciliter of blood.
        (6) The average number of days taken to confirm a blood leadtest.
        (7) The number of risk assessments performed for childrenidentified under subdivision (4) and the average number of daystaken to perform the risk assessment.
        (8) The number of housing units in which risk assessmentsperformed under subdivision (7) documented lead hazards asdefined by 40 CFR 745.
        (9) The number of housing units identified under subdivision(8) that were covered by orders issued under IC 13-14-10-2 orby another governmental authority to eliminate lead hazards.
        (10) The number of housing units identified under subdivision(9) for which lead hazards have been eliminated within thirty(30) days, three (3) months, and six (6) months.
As added by P.L.135-2005, SEC.7.

IC 16-41-39.4-6
Lead-safe housing advisory council
    Sec. 6. (a) The lead-safe housing advisory council is establishedto advise the state department concerning housing related leadpoisoning prevention activities.
    (b) The advisory council consists of the following members:
        (1) The state health commissioner, or the state healthcommissioner's designee, who shall serve as the chairperson ofthe advisory council.
        (2) The director of the Indiana housing and communitydevelopment authority or the director's designee.
        (3) The local health officer of each of three (3) local healthdepartments, appointed by the state health commissioner torepresent a diverse geographic and population mix, or the localhealth officer's designee.
        (4) The following individuals, appointed by the governor:
            (A) A representative of realtors in Indiana.
            (B) A representative of home builders or remodelers inIndiana.
            (C) A pediatrician or other physician with knowledge of leadpoisoning.
            (D) A representative of the private lead-based paintabatement industry who is licensed under IC 16-41-39.8 toperform or supervise lead-based paint activities.
            (E) A representative of a community based organizationlocated in a community with a significant concentration ofhigh risk lead-contaminated properties, as determined by ahigh prevalence in the community of:
                (i) low income families having children with leadpoisoning; and
                (ii) housing units that were built before 1978.            (F) A parent of a child with lead poisoning.
            (G) A representative from a child or health advocacyorganization.
            (H) A residential tenant.
            (I) A representative of the paint and coatings industry.
            (J) A representative of public housing administrators.
            (K) A representative of residential rental property owners.
            (L) A representative of licensed lead-based paint activitiestraining providers.
            (M) A representative of community action program agencies.
            (N) A representative of the banking industry.
            (O) An individual who is licensed as a lead-based paintactivities inspector under IC 16-41-39.8.
            (P) A child care provider.
    (c) The advisory council shall meet at least quarterly. The firstmeeting of the advisory council must occur not later than July 1,2008.
    (d) The advisory council shall submit to the governor, the attorneygeneral, and, in an electronic format under IC 5-14-6, the legislativecouncil the following:
        (1) A preliminary report before November 1, 2008.
        (2) A final report before November 1, 2009.
    (e) The reports required by subsection (d) shall contain therecommendations of the advisory council concerning the following:
        (1) Development of a primary prevention program to addresshousing related lead poisoning.
        (2) Development of a sufficient number of licensed leadinspectors, risk assessors, clearance examiners, individuals whoare trained in lead-safe work practices, abatement workers, andcontractors.
        (3) Ensuring lead-safe work practices in remodeling,rehabilitation, and weatherization work.
        (4) Funding mechanisms to assist child care and residentialproperty owners with the cost of lead abatement, remediation,and mitigation, including interim controls.
        (5) A procedure for distribution of funds from the Indiana leadtrust fund established by IC 16-41-39.8-7 to pay the cost ofimplementation of 40 CFR 745 for lead-based paint activities intarget housing and child occupied facilities.
        (6) A program to ensure that the resale of recycled buildingproducts does not pose a significant risk of lead poisoning tochildren.
        (7) Necessary statutory or administrative rule changes toimprove the effectiveness of state and local lead abatement,remediation, including interim controls, and other leadpoisoning prevention and control activities.
        (8) The content of a basic lead training course for child careworkers concerning lead hazards that:
            (A) includes lead-based paint rules awareness; and
            (B) includes information concerning how the course should

be made available to child care workers.
        (9) For the preliminary report, recommendations for legislationto be introduced in the 2009 session of the general assembly.
    (f) The state department shall staff and provide administrative andlogistical support to the advisory council, including conferencetelephone capability for meetings of the advisory council.
    (g) Each member of the advisory council who is a state employeeis entitled to reimbursement for traveling expenses as provided underIC 4-13-1-4 and other expenses actually incurred in connection withthe member's duties as provided in the state policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.
    (h) A majority of the members appointed to the advisory councilis required for the advisory council to take action on any measure,including final reports.
    (i) This section expires July 1, 2011.
As added by P.L.102-2008, SEC.13. Amended by P.L.57-2009,SEC.15.

IC 16-41-39.4-7
Sales of consumer and other products
    Sec. 7. (a) A retail establishment that sells paint or paint productsshall do all of the following:
        (1) Offer for sale a lead test kit that is capable of determiningthe presence of a lead-based paint hazard.
        (2) Provide to customers the federal Environmental ProtectionAgency pamphlet "Protect Your Family from Lead in YourHome" or a similar source of information approved by the statedepartment.
        (3) Ensure that at least one (1) employee who provides adviceto customers concerning paint and paint products:
            (A) attends a training program concerning lead hazards; and
            (B) provides training to other employees who provide adviceto customers concerning paint and paint products.
This subsection does not apply to a paint or paint product that is usedsolely for a craft or hobby.
    (b) A person that sells, offers for sale, or distributes a consumerproduct shall not remove, erase, or obscure the visibility of astatement that:
        (1) the manufacturer or wholesaler of the consumer product hasplaced on the consumer product or the container or wrapper inwhich the consumer product is contained; and
        (2) specifies that the consumer product contains or may containlead.
    (c) A person shall not sell or offer for sale at wholesale or retailor distribute a consumer product, surface coating material, a foodproduct, or food packaging that:
        (1) is a banned hazardous substance under the federalHazardous Substances Act (15 U.S.C. 1261(q)(1)); or
        (2) has been determined by the state department to:            (A) have a lead content that is greater than the lesser of thelead content specifications for lead paint in 16 CFR 1303.2or state law; and
            (B) pose a danger of childhood lead poisoning because theproduct, material, or packaging is reasonably expected to beaccessible to, chewed by, or ingested by a child who is lessthan seven (7) years of age.
    (d) If the state department, based on:
        (1) test results performed by a certified laboratory at the statedepartment's request;
        (2) information received from a federal agency; or
        (3) other reliable information;
has reason to believe that a person has violated this section, the statedepartment may, with or without a prior hearing, issue to the persona cease and desist order if the commissioner determines a cease anddesist order is in the public interest. In addition to all other remedies,the commissioner may bring an action in the name and on behalf ofthe state against the person to enjoin the person from violating thissection.
    (e) The state department or a local health department may at anytime during regular business hours inspect any premises whereconsumer products are sold, offered for sale, or distributed toestablish compliance with this section.
    (f) The state department may seize an item that is sold, offered forsale, or distributed in violation of this section.
    (g) The state department shall, not later than May 1, 2009, adoptrules under IC 4-22-2 to implement this section. The rules adoptedunder this subsection:
        (1) may:
            (A) establish exceptions under which items described insubsection (c) may be sold, offered for sale, or distributedupon the state department's determination that the risk posedto children by the items is minimal; or
            (B) require labeling of an item or signage to reflect that theitem contains lead; and
        (2) must be consistent with federal law.
As added by P.L.102-2008, SEC.14. Amended by P.L.57-2009,SEC.16.

IC 16-41-39.4-9
Lead-safe work practices training program
    Sec. 9. (a) The state department shall, not later than July 1, 2009,adopt rules under IC 4-22-2 to establish a lead-safe work practicestraining program for contractors, renovators, and remodelers who:
        (1) perform work on housing units that were built before 1978;and
        (2) disturb lead-based paint in the housing units.
    (b) The rules adopted under subsection (a) must:
        (1) be consistent with the federal Department of Housing andUrban Development Lead Safe Housing Rule requirements for

lead safe work practices training (24 CFR 53.1330(a)(4)); and
        (2) provide for training courses taught in English and Spanish.
As added by P.L.102-2008, SEC.15.