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2000 SESSION

006124452
SENATE BILL NO. 725
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health)
on February 10, 2000)
(Patron Prior to Substitute--Senator Lambert)
A BILL to amend and reenact §§ 63.1-105.2, and 63.1-202.1 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 32.1-46.1, relating to testing of children for elevated blood lead levels.

Be it enacted by the General Assembly of Virginia:

1. That §§ 63.1-105.2, and 63.1-202.1 of the Code of Virginia are amended and reenacted and the Code of Virginia is amended by adding a section numbered 32.1-46.1 as follows:

§ 32.1-46.1. Certain testing for elevated blood-lead levels required.

In accordance with the regulations of the Board of Health, the parent, guardian, or other person standing in loco parentis of each child within the Commonwealth shall cause such child to be tested for elevated blood-lead levels or shall obtain a determination from a physician that the child is at low risk for elevated blood-lead levels.

The Board shall promulgate regulations for the testing of children for elevated blood-lead levels and determinations of low risk for elevated blood-lead levels which shall include, but need not be limited to, the ages and frequency of such testing. The Board's regulations shall be consistent with the guidelines of the Centers for Disease Control and Prevention.

The provisions of this section shall not apply to any child whose parent, guardian or other person having control or charge of such child shall object to such testing on the grounds that the procedure conflicts with his religious tenets or practices.

§ 63.1-105.2. Requirements for recipients of aid to families with dependent children (AFDC).

An applicant for aid to families with dependent children (AFDC) shall provide verification that all eligible children not enrolled in school, a licensed family day home, or a licensed child day center, have received immunizations in accordance with § 32.1-46 and have been tested for elevated blood-lead levels or obtained a documentation that the child has been determined by a physician to be at low risk for elevated blood-lead levels, in accordance with § 32.1-46.1 and the regulations of the Board of Health. However, if an eligible child has not received immunizations in accordance with § 32.1-46 or testing for elevated blood-lead levels or documentation to be at low risk for elevated blood lead levels in accordance with § 32.1-46.1, verification shall be provided at the next scheduled redetermination of eligibility for AFDC after initial eligibility is granted that the child has received at least one dose of each of the immunizations required by § 32.1-46 as appropriate for the child's age and that the child's physician or the local health department has developed a plan for completing the immunizations. Verification of compliance with the plan for completing the immunizations shall be presented at subsequent redeterminations of eligibility for AFDC.

Recipients of AFDC on the effective date of this act shall provide verification of receipt of immunizations in accordance with § 32.1-46 and testing for elevated blood-lead levels or documentation to be at low risk for elevated blood-lead levels in accordance with § 32.1-46.1 for all eligible children not enrolled in school, a licensed family day home, or a licensed child day center, at the next scheduled redetermination of eligibility for AFDC after notification of the requirements of this act. However, if an eligible child has not received immunizations in accordance with § 32.1-46 or testing for elevated blood-lead levels or documentation to be at low risk for elevated blood-lead levels in accordance with § 32.1-46.1, verification shall be provided at the next scheduled redetermination of eligibility for AFDC after notification of the requirements of this act that the child has received at least one dose of each of the immunizations required by § 32.1-46 as appropriate for the child's age and that the child's physician or the local health department has developed a plan for completing the immunizations. Verification of compliance with the plan for completing the immunizations or verification of testing for elevated blood-lead levels or documentation to be at low risk for elevated blood-lead levels in accordance with § 32.1-46.1 shall be presented at subsequent redeterminations of eligibility for AFDC.

If necessary, the local department shall provide assistance to the AFDC recipient in obtaining verification from immunization providers and testing for elevated blood-lead levels or documentation of low risk for elevated blood-lead levels. No sanction may be imposed until the reason for the failure to comply with the immunization requirement or testing for elevated blood-lead levels or documentation to be at low risk for elevated blood-lead levels has been identified and any barriers to accessing immunizations have been removed.

Failure by the recipient to provide the required verification of immunizations shall result in a reduction in the amount of monthly assistance received from the AFDC program until the required verification is provided. The reduction shall be fifty dollars for the first child and twenty-five dollars for each additional child for whom verification is not provided.

Any person who becomes ineligible for AFDC payments as a result of this provision shall nonetheless be considered an AFDC recipient for all other purposes, including Medicaid eligibility.

§ 63.1-202.1. Child Day-Care Council created; members; terms; duties.

The Child Day-Care Council is hereby created. Its members shall be appointed by the Governor and serve without compensation. The members of the Council shall consist of two nonprofit child day center operators; three private for-profit child day center operators; one representative from each of the Departments of Social Services, Health, Education, Fire Programs, and Housing and Community Development; one pediatric health professional; one child development specialist; one parent consumer; one legal professional; one representative of the Virginia Council for Private Education; and one representative each of a child day center offering a seasonal program emphasizing outdoor activities, a private child day center offering a half-day nursery school program, and a local governing body all of which operate programs required to be licensed under this chapter. The membership of the Council shall also include such representatives of state agencies as advisory members as the Governor deems necessary. The Governor shall designate a member of the Council to serve as chairman.

The members of the Council shall be appointed for four-year terms, except appointments to fill vacancies shall be for the unexpired term.

The Council shall promulgate regulations for licensure and operation of child day centers in the Commonwealth in accordance with the regulations referred to in § 63.1-202.

The Council shall promulgate regulations in collaboration with the Virginia Recreation and Park Society, the Department of Health, and the Department of Mental Health, Mental Retardation and Substance Abuse Services for therapeutic recreation programs to be effective no later than July 1,1995 2001, which shall include a requirement for a physical examination for each child admitted to a child day center. In accordance with the regulations of the Board of Health, the standards for the physical examination for the children shall require that all children admitted to child day centers be immunized in accordance with the requirements of § 32.1-46 and that each child be tested for elevated blood-lead levels or obtain documentation that the child has been determined by a physician to be at low risk for elevated blood-lead levels in accordance with the requirements of § 32.1-46.1.

All staff and other support services required by the Council shall be provided by the Department of Social Services.