135.105D - BLOOD LEAD TESTING -- PROVIDER EDUCATION -- PAYOR OF LAST RESORT.
135.105D BLOOD LEAD TESTING -- PROVIDER EDUCATION --
PAYOR OF LAST RESORT.
1. For purposes of this section:
a. "Blood lead testing" means taking a capillary or venous
sample of blood and sending it to a laboratory to determine the level
of lead in the blood.
b. "Capillary" means a blood sample taken from the finger or
heel for lead analysis.
c. "Health care provider" means a physician who is
licensed under chapter 148, or a person who is licensed as a
physician assistant under chapter 148C or as an advanced registered
nurse practitioner.
d. "Venous" means a blood sample taken from a vein in the arm
for lead analysis.
2. a. A parent or guardian of a child under the age of two is
strongly encouraged to have the child tested for elevated blood lead
levels by the age of two. Except as provided in paragraph "b"
and subsection 4, a parent or guardian shall provide evidence to the
school district elementary attendance center or the accredited
nonpublic elementary school in which the parent's or guardian's child
is enrolled that the child was tested for elevated blood lead levels
by the age of six according to recommendations provided by the
department.
b. The board of directors of each school district and the
authorities in charge of each nonpublic school shall, in
collaboration with the department, do the following:
(1) Ensure that the parent or guardian of a student enrolled in
the school has complied with the requirements of paragraph "a".
(2) Provide, if the parent or guardian cannot provide evidence
that the child received a blood lead test in accordance with
paragraph "a", the parent or guardian with community blood lead
testing program information, including contact information for the
department.
c. Notwithstanding any other provision to the contrary,
nothing in this section shall subject a parent, guardian, or legal
custodian of a child of compulsory attendance age to any penalties
under chapter 299.
3. The board of directors of each school district and the
authorities in charge of each nonpublic school shall furnish the
department, in the format specified by the department, within sixty
days after the start of the school calendar, a list of the children
enrolled in kindergarten. The department shall notify the school
districts and nonpublic schools of the children who have not met the
blood lead testing requirements set forth in this section and shall
work with the school districts, nonpublic schools, and the local
childhood lead poisoning prevention programs to assure that these
children are tested as required by this section.
4. The department may waive the requirements of subsection 2 if
the department determines that a child is of very low risk for
elevated blood lead levels, or if the child's parent or legal
guardian submits an affidavit, signed by the parent or legal
guardian, stating that the blood lead testing conflicts with a
genuine and sincere religious belief.
5. The department shall provide rules adopted pursuant to section
135.102, subsection 7, to local school boards and the authorities in
charge of nonpublic schools.
6. The department shall work with health care provider
associations to educate health care providers regarding requirements
for testing children who are enrolled in certain federally funded
programs and regarding department recommendations for testing other
children for lead poisoning.
7. The department shall implement blood lead testing for children
under six years of age who are not eligible for the testing services
to be paid by a third-party source. The department shall contract
with one or more public health laboratories to provide blood lead
analysis for such children. The department shall establish by rule
the procedures for health care providers to submit samples to the
contracted public health laboratories for analysis. The department
shall also establish by rule a method to reimburse health care
providers for drawing blood samples from such children and the dollar
amount that the department will reimburse health care providers for
the service. The department shall also establish by rule a method to
reimburse health care providers for analyzing blood lead samples
using a portable blood lead testing instrument and the dollar amount
that the department will reimburse health care providers for the
service. Payment for blood lead analysis and drawing blood samples
shall be limited to the amount appropriated for the program in a
fiscal year. Section History: Recent Form
2006 Acts, ch 1184, §79; 2007 Acts, ch 79, §2, 3; 2007 Acts, ch
215, §88; 2008 Acts, ch 1020, §4--6; 2008 Acts, ch 1088, §87
Referred to in § 135.102, 299.4
Nurse licensure, see chapter 152
See also §135.17, 139A.8, 299.4, 299.5, and 299.24