ARC 8720C - Iowa Administrative Rules

Notice of Intended Action

Blood lead testing, ch 67

Untitled document

ARC 8720C

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Proposing rulemaking related to blood lead testing

and providing an opportunity for public comment

The Department of Health and Human Services hereby proposes to rescind Chapter 67, “Blood Lead Testing,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 135.102.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 135.105D and 2008 Iowa Acts, Senate File 2111.

Purpose and Summary

This rulemaking is in response to Executive Order 10. These proposed rules are intended to help ensure that all Iowa children receive at least one blood lead screening prior to age six.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. A public hearing was held on the following date(s):

●November 6, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 29, 2025. Comments should be directed to:

Victoria L. Daniels
Department of Health and Human Services
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
Phone: 515.829.6021
Email: compliancerules@hhs.iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

January 28, 2025 1 to 2 p.m.	Microsoft Teams Meeting ID: 222 847 169 42 Passcode: d7aG7cR9
January 29, 2025 10 to 11 a.m.	Microsoft Teams Meeting ID: 243 840 908 594 Passcode: a7Jg78UJ

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Rescind 641—Chapter 67 and adopt the following new chapter in lieu thereof:

CHAPTER 67

BLOOD LEAD TESTING

641—67.1(135) Definitions. For purposes of this chapter, the following definitions apply:

“Applicant” means any person seeking first-time enrollment in kindergarten in a public or accredited nonpublic elementary school in Iowa.

“Transfer student” means an applicant from any school outside Iowa who is seeking enrollment in kindergarten in a school in Iowa.

641—67.2(135) Persons included. The blood lead testing requirement specified in this chapter applies to all applicants and transfer students as defined in this chapter.

641—67.3(135) Persons excluded. Exclusions to these rules are permitted on an individual basis for religious reasons and for children determined by the department to be at very low risk for elevated blood lead levels. The parent or guardian of an applicant or transfer student approved for a religious exemption or an exemption for very low risk shall submit to the board of directors of each school district and the authorities in charge of each nonpublic school a valid department certificate of blood lead testing exemption.

641—67.4(135) Records. Within the constraints of the privacy rights of the parents or guardians and students, the local board of health, the department of education, and the department or its designee have the right to access the department’s determination that a child has received a blood lead test and the certificates of blood lead testing exemption of children enrolled in kindergarten.

These rules are intended to implement Iowa Code chapter 135.