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 4-22-2
to implement this chapter.
(b) The state department shall adopt rules under IC 4-22-2 for the
case 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's
residents.
(2) Provide consultation and education to a medical provider
network that screens for lead poisoning throughout Indiana.
(3) Receive and analyze blood samples or assist regional lab
sites to receive and analyze blood samples for lead poisoning.
(4) Develop and maintain a data base of unduplicated children
with lead poisoning.
(5) Provide consultation to local health departments regarding
medical case follow-up and environmental inspections
connected to reducing the incidence of lead poisoning.
(6) Coordinate lead exposure detection activities with local
health departments.
(7) Coordinate with social service organizations for outreach
programs regarding lead poisoning.
(8) Notify and update pediatricians and family practice
physicians of lead hazards in a timely fashion.
(9) Provide consumer alerts and consumer education regarding
lead hazards.
(b) The state department shall establish reporting, monitoring, and
preventive 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 individual
described in section 2 of this chapter for the presence of lead must
report to the state department the results of the examination not later
than one (1) week after completing the examination. The report must
include 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 to
qualify 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 other
specimen submitter.
(b) If a person required to report under subsection (a) has
submitted more than fifty (50) results in the previous calendar year,
the person must submit subsequent reports in an electronic format
determined by the state department.
(c) Except as provided in subsection (d), if a person required to
report under subsection (a) fails to provide complete information
within ten (10) days after notification by the state department, the
state department may, in accordance with IC 4-21.5, assess a civil
penalty against the person in an amount equal to one thousand five
hundred dollars ($1,500) for each incomplete report that is submitted
after receipt of the notification. Money received by the state
department under this subsection shall be deposited in the fund.
(d) Subsection (c) does not apply to a person who acts in good
faith to provide a complete report required under subsection (a), but
who:
(1) is unable to collect all of the information required for a
complete 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 is
established for the purpose of funding childhood lead poisoning
outreach and prevention activities. The fund shall be administered by
the state department.
(b) The expenses of administering the fund shall be paid from
money 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 not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert 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 of
family and social services, and local health departments shall share
among themselves and with the United States Department of Health
and Human Services and the United States Department of Housing
and Urban Development information, including a child's name,
address, and demographic information, that is gathered after January
1, 1990, concerning the concentration of lead in the blood of a child
less than seven (7) years of age to the extent necessary to determine
the prevalence and distribution of lead poisoning in children less
than seven (7) years of age.
(b) The state department, the office of the secretary of family and
social services, and local health departments shall share information
described in subsection (a) that is gathered after July 1, 2002, among
themselves and with organizations that administer federal, state, and
local programs covered by the United States Department of Housing
and Urban Development regulations concerning lead-based paint
poisoning prevention in certain residential structures under 24 CFR
Subpart A, Part 35 to the extent necessary to ensure that children
potentially affected by lead-based paint and lead hazards are
adequately protected from lead poisoning.
(c) A person who shares data under this section is not liable for
any 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 other
state agencies, collect data under this chapter and, before March 15
of each year, report the results to the general assembly for the
previous calender year. A copy of the report shall be transmitted in
an electronic format under IC 5-14-6 to the executive director of the
legislative services agency for distribution to the members of the
general assembly.
(b) The report transmitted under subsection (a) must include for
each county the following information concerning children who are
less 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 at
least ten (10) micrograms of lead per deciliter of blood.
(3) The number of children identified under subdivision (2) who
received a blood test to confirm that they had lead poisoning.
(4) The number of children identified under subdivision (3) who
had lead poisoning.
(5) The number of children identified under subdivision (4) who
had a blood test result of less than ten (10) micrograms of lead
per deciliter of blood.
(6) The average number of days taken to confirm a blood lead
test.
(7) The number of risk assessments performed for children
identified under subdivision (4) and the average number of days
taken to perform the risk assessment.
(8) The number of housing units in which risk assessments
performed under subdivision (7) documented lead hazards as
defined 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 or
by 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 established
to advise the state department concerning housing related lead
poisoning prevention activities.
(b) The advisory council consists of the following members:
(1) The state health commissioner, or the state health
commissioner's designee, who shall serve as the chairperson of
the advisory council.
(2) The director of the Indiana housing and community
development authority or the director's designee.
(3) The local health officer of each of three (3) local health
departments, appointed by the state health commissioner to
represent a diverse geographic and population mix, or the local
health 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 in
Indiana.
(C) A pediatrician or other physician with knowledge of lead
poisoning.
(D) A representative of the private lead-based paint
abatement industry who is licensed under IC 16-41-39.8 to
perform or supervise lead-based paint activities.
(E) A representative of a community based organization
located in a community with a significant concentration of
high risk lead-contaminated properties, as determined by a
high prevalence in the community of:
(i) low income families having children with lead
poisoning; 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 advocacy
organization.
(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 activities
training 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 paint
activities inspector under IC 16-41-39.8.
(P) A child care provider.
(c) The advisory council shall meet at least quarterly. The first
meeting of the advisory council must occur not later than July 1,
2008.
(d) The advisory council shall submit to the governor, the attorney
general, and, in an electronic format under IC 5-14-6, the legislative
council 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 the
recommendations of the advisory council concerning the following:
(1) Development of a primary prevention program to address
housing related lead poisoning.
(2) Development of a sufficient number of licensed lead
inspectors, risk assessors, clearance examiners, individuals who
are trained in lead-safe work practices, abatement workers, and
contractors.
(3) Ensuring lead-safe work practices in remodeling,
rehabilitation, and weatherization work.
(4) Funding mechanisms to assist child care and residential
property owners with the cost of lead abatement, remediation,
and mitigation, including interim controls.
(5) A procedure for distribution of funds from the Indiana lead
trust fund established by IC 16-41-39.8-7 to pay the cost of
implementation of 40 CFR 745 for lead-based paint activities in
target housing and child occupied facilities.
(6) A program to ensure that the resale of recycled building
products does not pose a significant risk of lead poisoning to
children.
(7) Necessary statutory or administrative rule changes to
improve the effectiveness of state and local lead abatement,
remediation, including interim controls, and other lead
poisoning prevention and control activities.
(8) The content of a basic lead training course for child care
workers 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 legislation
to be introduced in the 2009 session of the general assembly.
(f) The state department shall staff and provide administrative and
logistical support to the advisory council, including conference
telephone capability for meetings of the advisory council.
(g) Each member of the advisory council who is a state employee
is entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(h) A majority of the members appointed to the advisory council
is 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 products
shall do all of the following:
(1) Offer for sale a lead test kit that is capable of determining
the presence of a lead-based paint hazard.
(2) Provide to customers the federal Environmental Protection
Agency pamphlet "Protect Your Family from Lead in Your
Home" or a similar source of information approved by the state
department.
(3) Ensure that at least one (1) employee who provides advice
to customers concerning paint and paint products:
(A) attends a training program concerning lead hazards; and
(B) provides training to other employees who provide advice
to customers concerning paint and paint products.
This subsection does not apply to a paint or paint product that is used
solely for a craft or hobby.
(b) A person that sells, offers for sale, or distributes a consumer
product shall not remove, erase, or obscure the visibility of a
statement that:
(1) the manufacturer or wholesaler of the consumer product has
placed on the consumer product or the container or wrapper in
which the consumer product is contained; and
(2) specifies that the consumer product contains or may contain
lead.
(c) A person shall not sell or offer for sale at wholesale or retail
or distribute a consumer product, surface coating material, a food
product, or food packaging that:
(1) is a banned hazardous substance under the federal
Hazardous 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 the
lead content specifications for lead paint in 16 CFR 1303.2
or state law; and
(B) pose a danger of childhood lead poisoning because the
product, material, or packaging is reasonably expected to be
accessible to, chewed by, or ingested by a child who is less
than seven (7) years of age.
(d) If the state department, based on:
(1) test results performed by a certified laboratory at the state
department'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 state
department may, with or without a prior hearing, issue to the person
a cease and desist order if the commissioner determines a cease and
desist order is in the public interest. In addition to all other remedies,
the commissioner may bring an action in the name and on behalf of
the state against the person to enjoin the person from violating this
section.
(e) The state department or a local health department may at any
time during regular business hours inspect any premises where
consumer products are sold, offered for sale, or distributed to
establish compliance with this section.
(f) The state department may seize an item that is sold, offered for
sale, or distributed in violation of this section.
(g) The state department shall, not later than May 1, 2009, adopt
rules under IC 4-22-2 to implement this section. The rules adopted
under this subsection:
(1) may:
(A) establish exceptions under which items described in
subsection (c) may be sold, offered for sale, or distributed
upon the state department's determination that the risk posed
to children by the items is minimal; or
(B) require labeling of an item or signage to reflect that the
item 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 practices
training 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 and
Urban 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.
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 4-22-2
to implement this chapter.
(b) The state department shall adopt rules under IC 4-22-2 for the
case 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's
residents.
(2) Provide consultation and education to a medical provider
network that screens for lead poisoning throughout Indiana.
(3) Receive and analyze blood samples or assist regional lab
sites to receive and analyze blood samples for lead poisoning.
(4) Develop and maintain a data base of unduplicated children
with lead poisoning.
(5) Provide consultation to local health departments regarding
medical case follow-up and environmental inspections
connected to reducing the incidence of lead poisoning.
(6) Coordinate lead exposure detection activities with local
health departments.
(7) Coordinate with social service organizations for outreach
programs regarding lead poisoning.
(8) Notify and update pediatricians and family practice
physicians of lead hazards in a timely fashion.
(9) Provide consumer alerts and consumer education regarding
lead hazards.
(b) The state department shall establish reporting, monitoring, and
preventive 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 individual
described in section 2 of this chapter for the presence of lead must
report to the state department the results of the examination not later
than one (1) week after completing the examination. The report must
include 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 to
qualify 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 other
specimen submitter.
(b) If a person required to report under subsection (a) has
submitted more than fifty (50) results in the previous calendar year,
the person must submit subsequent reports in an electronic format
determined by the state department.
(c) Except as provided in subsection (d), if a person required to
report under subsection (a) fails to provide complete information
within ten (10) days after notification by the state department, the
state department may, in accordance with IC 4-21.5, assess a civil
penalty against the person in an amount equal to one thousand five
hundred dollars ($1,500) for each incomplete report that is submitted
after receipt of the notification. Money received by the state
department under this subsection shall be deposited in the fund.
(d) Subsection (c) does not apply to a person who acts in good
faith to provide a complete report required under subsection (a), but
who:
(1) is unable to collect all of the information required for a
complete 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 is
established for the purpose of funding childhood lead poisoning
outreach and prevention activities. The fund shall be administered by
the state department.
(b) The expenses of administering the fund shall be paid from
money 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 not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert 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 of
family and social services, and local health departments shall share
among themselves and with the United States Department of Health
and Human Services and the United States Department of Housing
and Urban Development information, including a child's name,
address, and demographic information, that is gathered after January
1, 1990, concerning the concentration of lead in the blood of a child
less than seven (7) years of age to the extent necessary to determine
the prevalence and distribution of lead poisoning in children less
than seven (7) years of age.
(b) The state department, the office of the secretary of family and
social services, and local health departments shall share information
described in subsection (a) that is gathered after July 1, 2002, among
themselves and with organizations that administer federal, state, and
local programs covered by the United States Department of Housing
and Urban Development regulations concerning lead-based paint
poisoning prevention in certain residential structures under 24 CFR
Subpart A, Part 35 to the extent necessary to ensure that children
potentially affected by lead-based paint and lead hazards are
adequately protected from lead poisoning.
(c) A person who shares data under this section is not liable for
any 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 other
state agencies, collect data under this chapter and, before March 15
of each year, report the results to the general assembly for the
previous calender year. A copy of the report shall be transmitted in
an electronic format under IC 5-14-6 to the executive director of the
legislative services agency for distribution to the members of the
general assembly.
(b) The report transmitted under subsection (a) must include for
each county the following information concerning children who are
less 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 at
least ten (10) micrograms of lead per deciliter of blood.
(3) The number of children identified under subdivision (2) who
received a blood test to confirm that they had lead poisoning.
(4) The number of children identified under subdivision (3) who
had lead poisoning.
(5) The number of children identified under subdivision (4) who
had a blood test result of less than ten (10) micrograms of lead
per deciliter of blood.
(6) The average number of days taken to confirm a blood lead
test.
(7) The number of risk assessments performed for children
identified under subdivision (4) and the average number of days
taken to perform the risk assessment.
(8) The number of housing units in which risk assessments
performed under subdivision (7) documented lead hazards as
defined 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 or
by 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 established
to advise the state department concerning housing related lead
poisoning prevention activities.
(b) The advisory council consists of the following members:
(1) The state health commissioner, or the state health
commissioner's designee, who shall serve as the chairperson of
the advisory council.
(2) The director of the Indiana housing and community
development authority or the director's designee.
(3) The local health officer of each of three (3) local health
departments, appointed by the state health commissioner to
represent a diverse geographic and population mix, or the local
health 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 in
Indiana.
(C) A pediatrician or other physician with knowledge of lead
poisoning.
(D) A representative of the private lead-based paint
abatement industry who is licensed under IC 16-41-39.8 to
perform or supervise lead-based paint activities.
(E) A representative of a community based organization
located in a community with a significant concentration of
high risk lead-contaminated properties, as determined by a
high prevalence in the community of:
(i) low income families having children with lead
poisoning; 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 advocacy
organization.
(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 activities
training 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 paint
activities inspector under IC 16-41-39.8.
(P) A child care provider.
(c) The advisory council shall meet at least quarterly. The first
meeting of the advisory council must occur not later than July 1,
2008.
(d) The advisory council shall submit to the governor, the attorney
general, and, in an electronic format under IC 5-14-6, the legislative
council 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 the
recommendations of the advisory council concerning the following:
(1) Development of a primary prevention program to address
housing related lead poisoning.
(2) Development of a sufficient number of licensed lead
inspectors, risk assessors, clearance examiners, individuals who
are trained in lead-safe work practices, abatement workers, and
contractors.
(3) Ensuring lead-safe work practices in remodeling,
rehabilitation, and weatherization work.
(4) Funding mechanisms to assist child care and residential
property owners with the cost of lead abatement, remediation,
and mitigation, including interim controls.
(5) A procedure for distribution of funds from the Indiana lead
trust fund established by IC 16-41-39.8-7 to pay the cost of
implementation of 40 CFR 745 for lead-based paint activities in
target housing and child occupied facilities.
(6) A program to ensure that the resale of recycled building
products does not pose a significant risk of lead poisoning to
children.
(7) Necessary statutory or administrative rule changes to
improve the effectiveness of state and local lead abatement,
remediation, including interim controls, and other lead
poisoning prevention and control activities.
(8) The content of a basic lead training course for child care
workers 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 legislation
to be introduced in the 2009 session of the general assembly.
(f) The state department shall staff and provide administrative and
logistical support to the advisory council, including conference
telephone capability for meetings of the advisory council.
(g) Each member of the advisory council who is a state employee
is entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(h) A majority of the members appointed to the advisory council
is 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 products
shall do all of the following:
(1) Offer for sale a lead test kit that is capable of determining
the presence of a lead-based paint hazard.
(2) Provide to customers the federal Environmental Protection
Agency pamphlet "Protect Your Family from Lead in Your
Home" or a similar source of information approved by the state
department.
(3) Ensure that at least one (1) employee who provides advice
to customers concerning paint and paint products:
(A) attends a training program concerning lead hazards; and
(B) provides training to other employees who provide advice
to customers concerning paint and paint products.
This subsection does not apply to a paint or paint product that is used
solely for a craft or hobby.
(b) A person that sells, offers for sale, or distributes a consumer
product shall not remove, erase, or obscure the visibility of a
statement that:
(1) the manufacturer or wholesaler of the consumer product has
placed on the consumer product or the container or wrapper in
which the consumer product is contained; and
(2) specifies that the consumer product contains or may contain
lead.
(c) A person shall not sell or offer for sale at wholesale or retail
or distribute a consumer product, surface coating material, a food
product, or food packaging that:
(1) is a banned hazardous substance under the federal
Hazardous 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 the
lead content specifications for lead paint in 16 CFR 1303.2
or state law; and
(B) pose a danger of childhood lead poisoning because the
product, material, or packaging is reasonably expected to be
accessible to, chewed by, or ingested by a child who is less
than seven (7) years of age.
(d) If the state department, based on:
(1) test results performed by a certified laboratory at the state
department'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 state
department may, with or without a prior hearing, issue to the person
a cease and desist order if the commissioner determines a cease and
desist order is in the public interest. In addition to all other remedies,
the commissioner may bring an action in the name and on behalf of
the state against the person to enjoin the person from violating this
section.
(e) The state department or a local health department may at any
time during regular business hours inspect any premises where
consumer products are sold, offered for sale, or distributed to
establish compliance with this section.
(f) The state department may seize an item that is sold, offered for
sale, or distributed in violation of this section.
(g) The state department shall, not later than May 1, 2009, adopt
rules under IC 4-22-2 to implement this section. The rules adopted
under this subsection:
(1) may:
(A) establish exceptions under which items described in
subsection (c) may be sold, offered for sale, or distributed
upon the state department's determination that the risk posed
to children by the items is minimal; or
(B) require labeling of an item or signage to reflect that the
item 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 practices
training 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 and
Urban 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.
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 4-22-2
to implement this chapter.
(b) The state department shall adopt rules under IC 4-22-2 for the
case 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's
residents.
(2) Provide consultation and education to a medical provider
network that screens for lead poisoning throughout Indiana.
(3) Receive and analyze blood samples or assist regional lab
sites to receive and analyze blood samples for lead poisoning.
(4) Develop and maintain a data base of unduplicated children
with lead poisoning.
(5) Provide consultation to local health departments regarding
medical case follow-up and environmental inspections
connected to reducing the incidence of lead poisoning.
(6) Coordinate lead exposure detection activities with local
health departments.
(7) Coordinate with social service organizations for outreach
programs regarding lead poisoning.
(8) Notify and update pediatricians and family practice
physicians of lead hazards in a timely fashion.
(9) Provide consumer alerts and consumer education regarding
lead hazards.
(b) The state department shall establish reporting, monitoring, and
preventive 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 individual
described in section 2 of this chapter for the presence of lead must
report to the state department the results of the examination not later
than one (1) week after completing the examination. The report must
include 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 to
qualify 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 other
specimen submitter.
(b) If a person required to report under subsection (a) has
submitted more than fifty (50) results in the previous calendar year,
the person must submit subsequent reports in an electronic format
determined by the state department.
(c) Except as provided in subsection (d), if a person required to
report under subsection (a) fails to provide complete information
within ten (10) days after notification by the state department, the
state department may, in accordance with IC 4-21.5, assess a civil
penalty against the person in an amount equal to one thousand five
hundred dollars ($1,500) for each incomplete report that is submitted
after receipt of the notification. Money received by the state
department under this subsection shall be deposited in the fund.
(d) Subsection (c) does not apply to a person who acts in good
faith to provide a complete report required under subsection (a), but
who:
(1) is unable to collect all of the information required for a
complete 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 is
established for the purpose of funding childhood lead poisoning
outreach and prevention activities. The fund shall be administered by
the state department.
(b) The expenses of administering the fund shall be paid from
money 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 not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert 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 of
family and social services, and local health departments shall share
among themselves and with the United States Department of Health
and Human Services and the United States Department of Housing
and Urban Development information, including a child's name,
address, and demographic information, that is gathered after January
1, 1990, concerning the concentration of lead in the blood of a child
less than seven (7) years of age to the extent necessary to determine
the prevalence and distribution of lead poisoning in children less
than seven (7) years of age.
(b) The state department, the office of the secretary of family and
social services, and local health departments shall share information
described in subsection (a) that is gathered after July 1, 2002, among
themselves and with organizations that administer federal, state, and
local programs covered by the United States Department of Housing
and Urban Development regulations concerning lead-based paint
poisoning prevention in certain residential structures under 24 CFR
Subpart A, Part 35 to the extent necessary to ensure that children
potentially affected by lead-based paint and lead hazards are
adequately protected from lead poisoning.
(c) A person who shares data under this section is not liable for
any 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 other
state agencies, collect data under this chapter and, before March 15
of each year, report the results to the general assembly for the
previous calender year. A copy of the report shall be transmitted in
an electronic format under IC 5-14-6 to the executive director of the
legislative services agency for distribution to the members of the
general assembly.
(b) The report transmitted under subsection (a) must include for
each county the following information concerning children who are
less 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 at
least ten (10) micrograms of lead per deciliter of blood.
(3) The number of children identified under subdivision (2) who
received a blood test to confirm that they had lead poisoning.
(4) The number of children identified under subdivision (3) who
had lead poisoning.
(5) The number of children identified under subdivision (4) who
had a blood test result of less than ten (10) micrograms of lead
per deciliter of blood.
(6) The average number of days taken to confirm a blood lead
test.
(7) The number of risk assessments performed for children
identified under subdivision (4) and the average number of days
taken to perform the risk assessment.
(8) The number of housing units in which risk assessments
performed under subdivision (7) documented lead hazards as
defined 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 or
by 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 established
to advise the state department concerning housing related lead
poisoning prevention activities.
(b) The advisory council consists of the following members:
(1) The state health commissioner, or the state health
commissioner's designee, who shall serve as the chairperson of
the advisory council.
(2) The director of the Indiana housing and community
development authority or the director's designee.
(3) The local health officer of each of three (3) local health
departments, appointed by the state health commissioner to
represent a diverse geographic and population mix, or the local
health 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 in
Indiana.
(C) A pediatrician or other physician with knowledge of lead
poisoning.
(D) A representative of the private lead-based paint
abatement industry who is licensed under IC 16-41-39.8 to
perform or supervise lead-based paint activities.
(E) A representative of a community based organization
located in a community with a significant concentration of
high risk lead-contaminated properties, as determined by a
high prevalence in the community of:
(i) low income families having children with lead
poisoning; 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 advocacy
organization.
(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 activities
training 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 paint
activities inspector under IC 16-41-39.8.
(P) A child care provider.
(c) The advisory council shall meet at least quarterly. The first
meeting of the advisory council must occur not later than July 1,
2008.
(d) The advisory council shall submit to the governor, the attorney
general, and, in an electronic format under IC 5-14-6, the legislative
council 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 the
recommendations of the advisory council concerning the following:
(1) Development of a primary prevention program to address
housing related lead poisoning.
(2) Development of a sufficient number of licensed lead
inspectors, risk assessors, clearance examiners, individuals who
are trained in lead-safe work practices, abatement workers, and
contractors.
(3) Ensuring lead-safe work practices in remodeling,
rehabilitation, and weatherization work.
(4) Funding mechanisms to assist child care and residential
property owners with the cost of lead abatement, remediation,
and mitigation, including interim controls.
(5) A procedure for distribution of funds from the Indiana lead
trust fund established by IC 16-41-39.8-7 to pay the cost of
implementation of 40 CFR 745 for lead-based paint activities in
target housing and child occupied facilities.
(6) A program to ensure that the resale of recycled building
products does not pose a significant risk of lead poisoning to
children.
(7) Necessary statutory or administrative rule changes to
improve the effectiveness of state and local lead abatement,
remediation, including interim controls, and other lead
poisoning prevention and control activities.
(8) The content of a basic lead training course for child care
workers 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 legislation
to be introduced in the 2009 session of the general assembly.
(f) The state department shall staff and provide administrative and
logistical support to the advisory council, including conference
telephone capability for meetings of the advisory council.
(g) Each member of the advisory council who is a state employee
is entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection with
the member's duties as provided in the state policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(h) A majority of the members appointed to the advisory council
is 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 products
shall do all of the following:
(1) Offer for sale a lead test kit that is capable of determining
the presence of a lead-based paint hazard.
(2) Provide to customers the federal Environmental Protection
Agency pamphlet "Protect Your Family from Lead in Your
Home" or a similar source of information approved by the state
department.
(3) Ensure that at least one (1) employee who provides advice
to customers concerning paint and paint products:
(A) attends a training program concerning lead hazards; and
(B) provides training to other employees who provide advice
to customers concerning paint and paint products.
This subsection does not apply to a paint or paint product that is used
solely for a craft or hobby.
(b) A person that sells, offers for sale, or distributes a consumer
product shall not remove, erase, or obscure the visibility of a
statement that:
(1) the manufacturer or wholesaler of the consumer product has
placed on the consumer product or the container or wrapper in
which the consumer product is contained; and
(2) specifies that the consumer product contains or may contain
lead.
(c) A person shall not sell or offer for sale at wholesale or retail
or distribute a consumer product, surface coating material, a food
product, or food packaging that:
(1) is a banned hazardous substance under the federal
Hazardous 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 the
lead content specifications for lead paint in 16 CFR 1303.2
or state law; and
(B) pose a danger of childhood lead poisoning because the
product, material, or packaging is reasonably expected to be
accessible to, chewed by, or ingested by a child who is less
than seven (7) years of age.
(d) If the state department, based on:
(1) test results performed by a certified laboratory at the state
department'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 state
department may, with or without a prior hearing, issue to the person
a cease and desist order if the commissioner determines a cease and
desist order is in the public interest. In addition to all other remedies,
the commissioner may bring an action in the name and on behalf of
the state against the person to enjoin the person from violating this
section.
(e) The state department or a local health department may at any
time during regular business hours inspect any premises where
consumer products are sold, offered for sale, or distributed to
establish compliance with this section.
(f) The state department may seize an item that is sold, offered for
sale, or distributed in violation of this section.
(g) The state department shall, not later than May 1, 2009, adopt
rules under IC 4-22-2 to implement this section. The rules adopted
under this subsection:
(1) may:
(A) establish exceptions under which items described in
subsection (c) may be sold, offered for sale, or distributed
upon the state department's determination that the risk posed
to children by the items is minimal; or
(B) require labeling of an item or signage to reflect that the
item 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 practices
training 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 and
Urban 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.
