Public Laws

123rd Legislature

Second Regular Session


Parts: A B C

Chapter 628

H.P. 1584 - L.D. 2218

PART A

Sec. A-1. 22 MRSA §1317-C, sub-§2,  as enacted by PL 1991, c. 810, §23, is amended to read:

2. Data.   At least annually, the department shall analyze and summarize lead-screening information provided by health care providers, facilities and programs and provide the information to other state and local agencies involved in lead-poisoning issues. The information must also be provided to interested parties on request in a format that is easily understood by the general public. The department may not release any information under this subsection if that information identifies or could lead to the identification of individuals.

Sec. A-2. 22 MRSA §1317-C, sub-§3  is enacted to read:

3.  Confidentiality.   Unless otherwise authorized by section 42, subsection 5, the department may not release any information described in subsection 2 regarding the screening of children for lead poisoning or the source of any lead exposure if that information identifies children, families or other persons, directly or indirectly. The department may disclose information that relates to the address of a residential unit in which an environmental lead hazard or case of lead poisoning has been identified if the disclosure contains only the information necessary to advance the public health and does not directly identify an individual.

Sec. A-3. 22 MRSA §1322-E, sub-§3, ¶E,  as enacted by PL 2005, c. 403, §1, is amended to read:

E.  Funding an assessment of current uses of lead and the availability, effectiveness and affordability of lead-free alternatives; and

Sec. A-4. 22 MRSA §1322-E, sub-§3, ¶F,  as enacted by PL 2005, c. 403, §1, is amended to read:

F.  Funding for educational programs and information for owners of rental property used for residential purposes . ; and

Sec. A-5. 22 MRSA §1322-E, sub-§3, ¶G  is enacted to read:

G.  Implementation of the lead-safe housing registry by the Department of Environmental Protection pursuant to Title 38, chapter 12-B and achieving the goal of elimination of childhood lead poisoning risks in the State.

Sec. A-6. 22 MRSA §1322-F, sub-§4,  as enacted by PL 2005, c. 403, §1, is amended to read:

4. Contingent repeal.   This section is repealed July 1, 2011 when the Commissioner of Health and Human Services certifies that a period of 24 months has elapsed since the Department of Health and Human Services identified a child with an elevated blood lead level through screening by health care providers under section 1317-C. The Commissioner of Health and Human Services shall provide notice to the Secretary of the Senate, the Clerk of the House of Representatives and the Office of the Revisor of Statutes when this condition has been met. For purposes of this subsection, "elevated blood lead level" means a confirmed level of blood lead of 10 micrograms per deciliter or a level of blood lead defined by the federal Department of Health and Human Services, Centers for Disease Control and Prevention, whichever is lower.

Sec. A-7. 22 MRSA §1329  is enacted to read:

§ 1329.   Lead poisoning warning statement

1.  Display of poster; availability of brochure.   A retailer, store or commercial establishment that offers paint or other supplies intended for the removal of paint shall display a poster in a prominent and easily visible location and make available to its customers brochures containing statements that the dry sanding or scraping of paint in dwellings built before 1978 is dangerous and that the improper removal of old paint is a significant source of lead dust and the primary cause of lead poisoning. The poster and brochure must also inform consumers about where they may obtain more information on lead poisoning and paint removal.
2.  Posters and brochures.   The department shall produce posters and brochures to meet the requirements of subsection 1 and shall provide paper copies of the posters and brochures to retailers, stores and commercial establishments and post copies for downloading on the department's website. A retailer, store or commercial establishment may display posters and provide brochures that differ from those provided by the department if the posters and brochures provide the information required under subsection 1.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333