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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 18 : Health

Chapter 038 : LEAD POISONING PREVENTION

(Cite as: 18 V.S.A. § 1757)
  •  [Section 1757 effective until occurrence of contingency; see also contingent amendment to section 1757 .]

    § 1757. Children with elevated blood lead levels

    (a) Upon receiving a report that a child has a screening test result of 10 or more micrograms of lead per deciliter of blood, or a lower level as determined by the Commissioner, the Commissioner shall take prompt action to ensure that the child obtains a confirmation test.

    (b) If the child has an elevated blood lead level, the Commissioner shall provide information on lead hazards to the parents or guardians of the child.

    (c) If a child six years of age or younger has a confirmed blood lead level at or above 10 micrograms of lead per deciliter of blood, and if resources permit, the Commissioner:

    (1) Shall, with the consent of the parent or guardian, provide an inspection of the dwelling occupied by the child or the child care facility the child attends by a state or private lead risk assessor, and develop a plan in consultation with the parents, owner, physician, and others involved with the child to minimize the exposure of the child to lead. The plan developed under this subdivision shall require that any lead hazards identified through the inspection be addressed. The owner of rental target housing or a child care facility shall address those lead hazards within the owner's control, and shall not be required to abate lead hazards if interim controls are effective.

    (2) May inspect and evaluate other dwelling units in the building in which the child is living if it is reasonable to believe that a child six years of age or younger occupies, receives care, or otherwise regularly frequents the other dwellings in that building.

    (d) Nothing in this section shall be construed to limit the Commissioner's authority under any other provision of Vermont law. (Added 1993, No. 94, § 3; amended 1995, No. 165 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 29.)

  •  [Contingent amendments to section 1757; see also section 1757 .]

    § 1757. Children with elevated blood lead levels

    (a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding:

    (1) the method and frequency with which children shall be tested for elevated blood lead levels;

    (2) the reporting requirements for the lead test result; and

    (3) the action required for children found to have elevated blood lead levels.

    (b) If the child has an elevated blood lead level, the Commissioner shall provide information on lead hazards to the parents or guardians of the child.

    (c) If a child six years of age or younger has a confirmed blood lead level at or above the level determined by the Commissioner, and if resources permit, the Commissioner:

    (1) Shall, with the consent of the parent or guardian, provide an inspection of the dwelling occupied by the child or the child-occupied facility the child attends by a State or private lead-based paint inspector-risk assessor, and develop a plan in consultation with the parents, owner, physician, and others involved with the child to minimize the exposure of the child to lead. The plan developed under this subdivision shall require that any lead hazards identified through the inspection be addressed. The owner of rental target housing or a child care facility shall address those lead hazards within the owner's control, and shall not be required to abate lead hazards if interim controls are effective.

    (2) May inspect and evaluate other dwelling units in the building in which the child is living if it is reasonable to believe that a child six years of age or younger occupies, receives care in, or otherwise regularly frequents the other dwellings in that building.

    (d) Nothing in this section shall be construed to limit the Commissioner's authority under any other provision of Vermont law. (Added 1993, No. 94, § 3; amended 1995, No. 165 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 29; 2017, No. 149 (Adj. Sess.), § 2.)