HB 342-FN - FINAL VERSION
22Mar2023... 0842h
2023 SESSION
23-0201
08/10
HOUSE BILL 342-FN
AN ACT relative to lead testing in children.
SPONSORS: Rep. N. Murphy, Hills. 12; Rep. W. Thomas, Hills. 12; Rep. Rung, Hills. 12; Rep. Newell, Ches. 4; Rep. Vail, Hills. 6; Rep. Meuse, Rock. 37
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill establishes a blood lead level testing requirement for children entering day care and public schools.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Mar2023... 0842h 23-0201
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to lead testing in children.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Health and Sanitation; Physical Examination of Pupils; Lead Testing Requirement. Amend RSA 200:32 to read as follows:
200:32 Physical Examination of Pupils. There shall be a complete physical examination by a licensed physician, physician assistant, or advanced practice registered nurse of each child prior to or upon first entry into the public school system and thereafter as often as deemed necessary by the local school authority. The result of the child's physical examination shall be presented to the local school officials on a form provided by the local school authorities. The form shall include at least one result of blood lead level testing required under RSA 130-A:5-a and RSA 130-A:5-c, for children ages 6 years and under unless the child is exempted under RSA 130-A:5-c. If a child, ages 6 years and under, has not had a blood lead level test at the time of first entry to school, the school shall provide and document both notification to the parent or legal guardian that unless exempted by RSA 130-A:5-c, lead testing is required under RSA 130-A:5-a and RSA 130-A:5-c, and the distribution of written or electronic educational materials provided by the New Hampshire department of health and human services on the dangers of lead poisoning and the importance of blood lead level testing for children. No physical examination shall be required of a child whose parent or guardian objects thereto in writing on the grounds that such physical examination is contrary to the child's religious tenets and teachings.
2 Child Day Care, Residential Care, and Child-Placing Agencies; Records; Lead Testing Required. Amend RSA 170-E:19 to read as follows:
170-E:19 Records. Every child day care agency shall keep and maintain such records as the department shall prescribe by rule pertaining to the admission, progress, health and discharge of children under the care of the child day care agency and shall report relative to such matters to the department whenever called for, upon forms prescribed by rule. Health forms shall include at least one result of blood lead level testing required under RSA 130-A:5-a and RSA 130-A:5-c, unless the child is exempted under RSA 130-A:5-c. If the child, aged 1 to 6 years, has not had a blood lead level test at the time of admission, the child day care agency shall provide and document both notification to the parent or legal guardian that unless exempted by RSA 130-A:5-c, lead testing is required under RSA 130-A:5-a and RSA 130-A:5-c; and the distribution of written or electronic educational materials provided by the New Hampshire department of health and human services on the dangers of lead poisoning and the importance of blood lead level testing for children. All records regarding children and all facts learned about children and their relatives shall be kept confidential both by the child day care agency and by the department.
3 Effective Date. This act shall take effect January 1, 2024.
VETOED June 29, 2023
23-0201
Amended 4/14/23
HB 342-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-0842h)
AN ACT relative to lead testing in children.
FISCAL IMPACT: [ ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
LOCAL: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill relates to blood level testing in public schools. The Department of Education and Department of Health and Human Services state this may increase costs on local school districts to comply with the requirements of this bill; however the impact is indeterminable.
AGENCIES CONTACTED:
Department of Education and Department of Health and Human Services
| Date | Amendment |
|---|---|
| March 14, 2023 | 2023-0842h |
| Date | Body | Type |
|---|---|---|
| Feb. 16, 2023 | House | Hearing |
| March 8, 2023 | House | Exec Session |
| March 8, 2023 | House | Floor Vote |
| April 5, 2023 | Senate | Hearing |
| Senate | Floor Vote |
Oct. 26, 2023: Veto Sustained 10/26/2023: RC 184-171 Lacking Necessary Two-Thirds Vote HJ 18 P. 13
July 10, 2023: Vetoed by Governor Sununu 06/29/2023 HJ 17
June 20, 2023: Enrolled (in recess of) 06/15/2023 HJ 16 P. 14
June 20, 2023: Enrolled Adopted, VV, (In recess 06/15/2023); SJ 20
May 11, 2023: Ought to Pass: MA, VV; OT3rdg; 05/11/2023; SJ 14
April 12, 2023: Committee Report: Ought to Pass, 05/11/2023; Vote 5-0; CC; SC 21
March 28, 2023: Hearing: 04/05/2023, Room 101, LOB, 09:00 am; SC 16
March 24, 2023: Introduced 03/23/2023 and Referred to Health and Human Services; SJ 12
March 23, 2023: Ought to Pass with Amendment 2023-0842h: MA DV 193-180 03/22/2023 HJ 10 P. 114
March 23, 2023: Amendment # 2023-0842h: AA VV 03/22/2023 HJ 10 P. 113
March 14, 2023: Minority Committee Report: Inexpedient to Legislate
March 14, 2023: Majority Committee Report: Ought to Pass with Amendment # 2023-0842h 03/08/2023 (Vote 11-9; RC) HC 16 P. 33
March 1, 2023: Executive Session: 03/08/2023 11:00 am LOB 201-203
Feb. 8, 2023: Public Hearing: 02/16/2023 02:00 pm LOB 201-203
Jan. 9, 2023: Introduced (in recess of) 01/05/2023 and referred to Health, Human Services and Elderly Affairs HJ 3 P. 12