N.Y. Public Health Law § 1370-d: Lead screening of child care, pre-school, pre-kindergarten or kindergarten enrollees

§ 1370-d. Lead screening of child care, pre-school, pre-kindergarten

or kindergarten enrollees. 1. Except as provided pursuant to regulations

of the department, each child care provider, public and private nursery

school, pre-school, and pre-kindergarten or kindergarten licensed,

certified or approved by any state or local agency shall, prior to or

within three months after initial enrollment of a child under six years

of age, obtain from a parent or guardian of the child evidence that said

child has been screened for lead.

2. Whenever there exists no evidence of lead screening as provided for

in subdivision one of this section or other acceptable evidence of the

child's screening for lead, the child care provider, principal, teacher,

owner or person in charge of the nursery school, pre-school, or

pre-kindergarten or kindergarten shall provide the parent or guardian of

the child with information on lead poisoning in children and lead

poisoning prevention and refer the parent or guardian to a primary care

provider or the local health authority.

3. (a) If any parent or guardian to such child is unable to obtain

lead testing, such person may present such child to the health officer

of the county in which the child resides, who shall then perform or

arrange for the required screening.

(b) The local public health district shall develop and implement a fee

schedule for households with incomes in excess of two hundred percent of

the federal poverty level for lead screening pursuant to section six

hundred six of this chapter, which shall vary depending on patient

household income.