211.902 Reports on persons with excess level of lead in blood -- Duty to transmit electronic report to cabinet -- Records of reports to be indexed and analyzed -- Information to local organizations.
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Information to local organizations. (1) Every physician, nurse, hospital administrator, director of a clinical laboratory, or public health officer who receives information of the existence of any person found
or suspected to have a two and three-tenths (2.3) micrograms per deciliter of whole
blood level of lead in his or her blood shall report the information to the cabinet and
to the local or district health officer in approved electronic format as prescribed by
administrative regulations promulgated by the cabinet in accordance with KRS
Chapter 13A. The contents of the report shall include but not be limited to the
following information:
(a) The full name and address of the person tested;
(b) The date of birth of such person;
(c) The type of specimen and the results of the appropriate laboratory tests made on such person; and (d) Any other information about such person deemed necessary by the cabinet to carry out the provisions of this section. Any physician, nurse, hospital administrator, director of clinical laboratory, public
health officer, or allied health professional making such a report in good faith shall
be immune from any civil or criminal liability that otherwise might be incurred
from the making of such report. (2) Every director of a clinical or research laboratory who has any blood lead test result shall, within seven (7) calendar days of receipt thereof, report the information to the
cabinet in approved electronic format. The cabinet shall promulgate administrative
regulations in accordance with KRS Chapter 13A to prescribe the format and
content of the electronic report. (3) Notwithstanding the requirements of subsections (1) and (2) of this section, a clinical or research laboratory shall not be fined or otherwise disciplined for failure
to report required information to the cabinet if the information was not provided by
the medical professional obtaining the blood sample. (4) The secretary shall maintain comprehensive records of all reports submitted pursuant to KRS 211.900 to 211.905 and 211.994. Records shall be analyzed and
geographically indexed by county annually in order to determine the location of
areas with a high incidence of elevated blood lead levels reported. The records and
analysis shall be public record and provided annually by October 1 to the Governor,
the General Assembly, the Legislative Research Commission, and the Lead
Poisoning Prevention Advisory Committee; provided, however, that the name of
any individual shall not be made public unless the secretary determines that such
inclusion is necessary to protect the health and well-being of the affected individual. (5) When an elevated blood lead level is reported to the cabinet, it shall inform such local boards of health, local health departments, and other persons and health
organizations as deemed necessary. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 180, sec. 4, effective July 12, 2006. -- Created 1974 Ky. Acts ch. 20, sec. 3, effective June 21, 1974.