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2003 SESSION


CHAPTER 463
An Act to amend and reenact § 32.1-46.1 of the Code of Virginia, relating to the Board of Health's protocol for identification of children with elevated blood-lead levels.
[S 1082]
Approved March 16, 2003

Be it enacted by the General Assembly of Virginia:

1. That § 32.1-46.1 of the Code of Virginia is amended and reenacted as follows:

§ 32.1-46.1. Board to establish protocol for identification of children with elevated blood-lead levels.

The Board shall promulgate regulations establishing a protocol for the identification of children at risk for elevated blood-lead levels which shall provide (i) for require blood-lead level testing at appropriate ages and frequencies, when indicated, and (ii) provide for criteria for determining low risk for elevated blood-lead levels and when such blood-lead level testing is not indicated.

As deemed necessary by the Board, the protocol may also address follow-up testing for children with elevated blood-lead levels, dissemination of the protocol and/or other information to relevant health care professionals, appropriate information for parents, and other means of preventing lead poisoning among children. In promulgating such regulations, the Board shall consider the guidelines of the Centers for Disease Control and Prevention and may consider such other materials relating to lead poisoning prevention, testing, and treatment as it deems appropriate.

2. That the Board and Department of Health shall not be responsible for enforcing any blood-lead level testing required by the regulations mandated in this provision; complaints relating to compliance by a practitioner with such regulations shall be directed to the appropriate health regulatory board and shall not be filed with the Board or the Department of Health.

3. That, in order to avoid costs as much as possible during the regulatory process, the Board of Health shall, when in compliance with the Administrative Process Act (§ 2.2-4000, et seq.), notify, distribute, and provide public access and opportunity for comment via electronic media, including, but not limited to, posting documents to and receiving comments via the Department's website, by email and fax. The Board shall, however, continue to provide public notice and participation to those persons who do not have access to the Internet or other forms of electronic media.