Summary — HB 5368 (Public Health Code) — Lead poisoning: definition, reporting, and investigations
Status & timeline
- Introduced: Nov. 14, 2023 (Rep. Julie M. Rogers).
- Substitute H‑2 adopted in House; passed House with immediate effect Dec. 10, 2024 (56–52).
- Referred to Committee on Government Operations (Dec. 18, 2024). Additional procedural entries through April 7, 2025 note further referrals.
- Note: the bill includes an enacting clause that it does not take effect unless House Bill 4532 of the 102nd Legislature is also enacted.
Purpose / intent
- Lower the statutory threshold for what counts as an “elevated blood lead level” (EBL) in minors, standardize terminology, and create statutory definitions and processes for environmental investigations tied to EBLs. The change is intended to align state practice with federal/CDC guidance to identify and respond to lower levels of lead exposure in children.
Key provisions
- New statutory section 5456a — definitions:
- “Elevated blood lead level” (EBL) is defined as the lowest of:
- a whole‑blood lead concentration equal to or greater than 3.5 micrograms per deciliter (µg/dL);
- the CDC blood lead reference value for children; or
- the DHHS blood lead reference value for children.
- Establishes terms for “EBL environmental investigation” (an investigation of a minor’s living environment and a report with remediation options) and “EBL investigator” (a DHHS‑endorsed certified risk assessor).
- Adds other definitional items (e.g., emergency renovation operations, encapsulant, enclosure, EPA, firm).
- Amendments to Sec. 5474 (Lead poisoning prevention program):
- Requires that results of all blood lead tests performed in the state be reported to DHHS (by rule).
- When DHHS receives notice of an EBL, it must contact the child’s physician and/or local public health department (replaces prior >10 µg/dL trigger).
- Annual legislative reporting: changes the reporting date and some age language — report to the Legislature on the number of children screened and confirmed with EBL (reporting timing moved to July 1 annually; language standardized to children under age six).
Who is affected
- Children (particularly those under age six) — larger number will meet the statutory EBL threshold compared to the prior 10 µg/dL benchmark.
- Health care providers and laboratories — must report all blood lead tests to DHHS (per rulemaking).
- DHHS and local public health departments — increased case notification and likely increased workload for investigations, outreach, and reporting.
- Certified risk assessors — new role of “EBL investigator” created; investigations and written remediation reports are specified.
Potential impacts / considerations
- Lowering the threshold to 3.5 µg/dL (or to the CDC/DHHS reference value if lower) will increase the number of children classified as having an EBL, likely expanding environmental investigations, referrals, and case management activity — with associated fiscal and staffing implications for DHHS and local health departments.
- The bill ties state definitions and processes closer to federal/CDC standards and creates statutory authority for EBL environmental investigations led by endorsed risk assessors.
- Effective date is contingent on enactment of HB 4532; implementation details (reporting procedures, investigator endorsement) will depend on DHHS rulemaking and program capacity.
