Brief(1)
As amended by Senate Committee, H. B. 2362 creates two new acts that are to be administered by the Secretary of Health and Environment.
Newborn Infant Hearing Screening Act
Section 1 of H.B. 2362 creates a new act that is to be known as the Newborn Infant Hearing Screening Act. Under the new law every child born in Kansas is to be given a screening examination for the detection of significant hearing loss within three to five days of a normal birth and within five to eight days of a premature birth. The screening is to be conducted in accordance with accepted medical practices and in a manner prescribed by the Secretary of Health and Environment through rules and regulations. The screening would only take place if the parent or guardian of the newborn gives an informed consent. If any parent or guardian of a child objects to the mandatory examination for detection of significant hearing loss, the child is exempt from the provisions of the bill mandating screening.
The Senate Committee amendments make any information obtained by the Secretary of Health and Environment under the new act confidential and not to be disclosed except to notify the primary care physician and the parents or guardian of the results of screening the newborn for any significant hearing loss.
The new law created by H.B. 2362 authorizes the Secretary of Health and Environment to apply for federal funds and to enter into cooperative agreements relating to newborn hearing screening with the federal government. The Secretary is required to adopt any rules and regulations necessary to carry out the provisions of the new act.
H.B. 2362 repeals the current act that mandates the screening of newborns for risk of deafness or hearing loss.
Residential Childhood Lead Poisoning Prevention Act
Sections 2 through 16 of H.B. 2362 create new statutes that are to be known as the Residential Childhood Lead Poisoning Prevention Act.
H.B. 2362 provides the Act is to be administered by the Secretary of Health and Environment. The Secretary is authorized to develop and implement a childhood lead poisoning prevention program as necessary to protect the health of the children of Kansas, including provisions to:
The Secretary is also to adopt rules and regulations necessary for administration of the new act that include:
Fees may not exceed those charged by the Environmental Protection Agency for the same or similar regulatory programs.
The Secretary is to conduct on-site inspections of procedures being used by licensees during a lead abatement project, adopt rules and regulations regarding the distribution of lead hazard information to owners and occupants of housing prior to renovation activities, and adopt rules and regulations to control the distribution and reuse of architectural debris that contains lead-based paint.
H.B. 2362 prohibits a business entity or public agency from engaging in lead-based paint activity unless the business entity or public agency has a license. Businesses or public agencies that own or lease a nonresidential dwelling may perform lead-based paint activities within the facility without a license, but must perform work in accordance with federal and state guidelines or statutes, or both. Individuals, except those who are engaged in lead-based paint activities within a residential dwelling owned by and the residence of the individual, are prohibited from engaging in lead-based paint activities without having a certificate issued by the Secretary. For the purposes of the Residential Childhood Lead Poisoning Prevention Act, lead-based paint activities means the inspection, assessment, and abatement of lead-based paint, including the disposal of waste generated therefrom.
The bill sets out the requirements to be met to qualify for licensure or certification; creates a lead-based paint hazard fee fund in the state treasury; authorizes the Secretary to refuse to issue a license or revoke or suspend a license issued under the Residential Childhood Lead Poisoning Prevention Act on the basis of grounds set out in the bill; authorizes the Secretary to refuse to issue a certificate or suspend or revoke a certificate for any of the grounds set out in the bill; provides for appeal of the decisions of the Secretary; authorizes the temporary emergency suspension of a license or certification if the public health or safety is endangered; makes it a duty of any agent of the Secretary and the Secretary to notify any business entity, accredited training program, or public agency of violations of the law or rules and regulations, and of the actions necessary to correct the violation in writing.
Pursuant to the provisions of H.B. 2362, any individual, business entity, accredited training program, or public agency that knowingly violates any provisions of the Residential Childhood Lead Poisoning Prevention Act or rules and regulations adopted thereunder is guilty, for a first offense, of a class C misdemeanor, and for a second or subsequent offense, of a class B misdemeanor. In addition to any other penalty or litigation provided by law, an individual, business entity, accredited training program, or public agency may incur a civil penalty for violations of the law or rules and regulations in an amount not to exceed $1,000 for the first violation, $5,000 for each subsequent violation, and, in the case of a continuing violation, every day a violation continues is to be deemed a separate violation. Any civil penalty is to be in an amount that constitutes an actual and substantial economic deterrent to the violation. Any civil penalty recovered and deposited in the lead-based paint hazard fee fund is to be used to establish a grant program for communities to conduct activities designed to reduce or eliminate exposure of children to residential lead-based paint hazards. In addition to any other remedy under the law, the Secretary may bring an action for injunction or other process to restrain or prevent a business entity or individual from violating the law or rules and regulations.
Licensure, certification, or training program accreditation is not to be required until the Secretary adopts rules and regulations to implement the law; the audit privilege recognized in K.S.A. 60-332 through 60-339 does not apply to the act; and the provisions of the Residential Childhood Lead Poisoning Prevention Act are repealed on July 1, 2004.
Background
H.B. 2362 which, as introduced, would have created the Newborn Infant Hearing Screening Act, was introduced by the House Committee on Health and Human Services at the request of a member of the Committee. Several individuals spoke in favor of the bill, noting two new screening techniques that make it feasible to screen newborns for congenital hearing defects. Numerous written statements in support of the bill were submitted to the House Committee. The fiscal note on H.B. 2362 in its original form, i.e., the Newborn Infant Screening Act, stated the Department of Health and Environment indicated a cost of about $150,000 in addition to the amount now available for the screening program that would be repealed by H.B. 2362 for implementation of the program mandated by the bill. The cost estimate is based on continued funding for the current program. Additional costs would include the salary of an audiologist, contractual services, and automation costs.
In hearings on H.B. 2362, as passed by the House, testimony given to the Senate Committee revealed the intent of the Department of Health and Environment to receive reports of the screening mandated by the bill, an intent not brought to light in the House Committee hearing. As a result, the Senate Committee amended the bill to make information or reports obtained by the Secretary of Health and Environment confidential and not subject to disclosure except for notification to the primary care physician and the parents or guardian of the child screened of the results of the screening. The Senate Committee amendments also replace the phrase "major hearing defects" used in the House version to describe the purpose of screening with the phrase "significant hearing loss."
The Senate Committee also amended H.B. 2362 to include provisions similar to those of H.B. 2314 which would create the Childhood Lead Poisoning Prevention Act. H.B. 2314 remains in the House Committee on Health and Human Services.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html