Health and Senior Services s1

HEALTH AND SENIOR SERVICES

PUBLIC HEALTH SERVICES BRANCH

DIVISION OF FAMILY HEALTH SERVICES

MATERNAL AND CHILD HEALTH SERVICES

CHILD AND ADOLESCENT HEALTH PROGRAM

Screening of Children for Lead Poisoning

Readoption without Amendments: N.J.A.C. 8:51A

Proposed: January 18, 2011 at 43 N.J.R. 118(a)

Adopted: , 2011 by ,

Mary E. O’Dowd, M.P.H., Commissioner, Department of Health and Senior

Services, in consultation with the Public Health Council, Herbert Yardley, MA, Chair

Filed: , 2011, as R. 2011 d. , without change

Authority: N.J.S.A. 26:2-137.2 to 137.7

Effective Date: , 2011 (Readoption)

Expiration Date: , 2016

Summary of Public Comments and Agency Responses:

The Department received written comments from the following individuals on or before the close of the 60-day public comment period, which ended on March 19, 2011.

1. Barbara Sachau, Flemington, NJ; and

2. John Beckley, Health Officer; Cynthia Barter, MD, MPH, Public Health

Medical Director; Geralyn Prosswimmer, MD, Medical Director; Hunterdon County

Department of Health.

The official version of any departmental rulemaking activity (notices of proposal or adoption) are published in the New Jersey Register or New Jersey Administrative Code. Should there be any discrepancies between this document and the official version of the proposal or adoption, the official version will govern. A summary of the comments and the Department’s responses follows. The numbers in parentheses after each comment identifies the respective commenters listed above.

1. COMMENT: The commenter complained that the public may not email their

comments to the Department about published rule proposals and expressed her

repeated and continued opposition to lead use in “guns and sinkers” because of

the lead she maintains is in “birds and wildlife” killed for food.

RESPONSE: The Department appreciates the commenter’s interest in its

rulemaking activities and in limiting environmental lead exposure. However, the

Department complies with the public notice and comment requirements

established in the State of New Jersey’s rulemaking process, pursuant to

N.J.A.C. 1:1 et seq. Moreover, because the commenter’s concerns fall outside

the scope of the proposed readoption, the Department may take no action at this

time, in accordance with N.J.A.C. 1:1 et seq.

2. COMMENT: The commenters asked the Department to amend N.J.A.C. 8:51A

by permitting local jurisdictions within the State to modify the existing blood

screening requirement as set forth at N.J.A.C. 8:51A-2.2, with a data-driven,

targeted strategy. The commenters suggest that screening for childhood lead

poisoning be done using a lead risk questionnaire to determine if ultimately a

child be tested through a blood lead test. At present, this rule requires that

children be screened using a blood lead test according to the schedule detailed

at N.J.A.C. 8:51A-2.2. A group of physicians from Hunterdon Pediatric

2 The official version of any departmental rulemaking activity (notices of proposal or adoption) are published in the New Jersey Register or New Jersey Administrative Code. Should there be any discrepancies between this document and the official version of the proposal or adoption, the official version will govern. Associates in Flemington also has endorsed this proposed change because they

agree that the questionnaire would save children from having blood drawn

unnecessarily.

RESPONSE: The Department thanks the commenters for their suggestion. As

the request is outside the scope of the proposed rulemaking, the Department

may make no changes at this time, pursuant to N.J.A.C. 1:1 et seq. However,

the Department would consider this change at the time it amends N.J.A.C. 8:51A.

Specifically, the Department is concerned as to how this option would conform to

existing New Jersey law and how such change may affect all jurisdictions, not

just those with a small number of reported cases. The Department also would

review the impact of targeted screening on the Department’s ability to accurately

report the incidence of childhood lead poisoning in New Jersey, which the

Department is mandated to do by statute. Under N.J.S.A. 26:2-135, the

Department is required to issue an annual report to the Governor and the

Legislature, which, among others, shall include “a summary of the lead poisoning

testing.” Allowing local jurisdictions to choose their own screening methods and

criteria will not allow the Department to be compliant with the reporting statute.

Further, this allowance will not permit the State to have a true assessment of the

scope of children who are lead poisoned, as a blood lead test is the only way to

confirm that a child is lead poisoned.

Federal Standards Statement 3 The official version of any departmental rulemaking activity (notices of proposal or adoption) are published in the New Jersey Register or New Jersey Administrative Code. Should there be any discrepancies between this document and the official version of the proposal or adoption, the official version will govern. The Department is not readopting this chapter in order to implement, comply with, or participate in any program established under Federal law. The Department’s authority for this chapter is N.J.S.A. 26:2-137.2 to 137.7. The Department is not readopting this chapter under any other State statute that incorporates Federal law, standards, or requirements.

Full text of the readopted rules can be found in the New Jersey Administrative

Code at N.J.A.C. 8:51A.

4 The official version of any departmental rulemaking activity (notices of proposal or adoption) are published in the New Jersey Register or New Jersey Administrative Code. Should there be any discrepancies between this document and the official version of the proposal or adoption, the official version will govern.