Md. Code Regs. 26.16.08.05

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.16.08.05 - Scheduling an Environmental Investigation

A. Pursuant to Environment Article, § 6-304, Annotated Code of Maryland, after the receipt by the Department of a blood lead level test result that diagnoses a child or pregnant woman with EBL, the Department or local health department shall:

(1) Not more than 10 business days after the receipt of the blood lead level test result, provide notification of the EBL level to:

(a) The caregiver of the child or the pregnant woman; and

(b) If the child or pregnant woman resides at a property not owned by the caregiver or pregnant woman, the owner of the property where the child or pregnant woman resides; and

(2) Except as otherwise provided in §D of this regulation, contact the caregiver or pregnant woman to schedule the on-site assessment portion of the environmental investigation.

B. The lead paint risk assessor or local health department representative:

(1) Shall schedule an on-site assessment for the primary residence of the child or pregnant woman diagnosed with EBL in accordance with the procedures under §C of this regulation; and

(2) If determined necessary by the lead paint risk assessor while conducting the environmental investigation, may schedule an on-site assessment for a secondary property through coordination with the caregiver or pregnant woman.

C. Procedures for Scheduling an On-Site Assessment

(1) The on-site assessment of a primary residence may be scheduled by the lead paint risk assessor or local health department representative in coordination with a local health department representative's home visit

(2) The lead paint risk assessor or local health department representative shall make at least two attempts to contact the caregiver or pregnant woman by telephone to schedule an on-site assessment

(3) If the lead paint risk assessor or local health department representative is unable to establish contact with the caregiver or pregnant woman in accordance with §C(2) of this regulation, the lead paint risk assessor or local health department representative shall mail a letter through first-class mail to the caregiver or pregnant woman.

(4) The lead paint risk assessor or local health department representative shall include, at a minimum, all of the following information in the letter required under §C(3) of this regulation:

(a) The lead paint risk assessor's or local health department representative's intention to schedule an on-site assessment of the primary residence of the child or pregnant woman with EBL;

(b) Notice that the letter constitutes the final attempt by the lead paint risk assessor or local health department representative to schedule the on-site assessment of the primary residence;

(c) The latest calendar date that the caregiver or pregnant woman may contact the lead paint risk assessor or local health department representative to schedule an on-site assessment of the primary residence;

(d) Notice that failure to contact the lead paint risk assessor or local health department representative to schedule an on-site assessment of the primary residence may result in the child's or pregnant woman's case being closed by the Department or local health department without an environmental investigation; and

(e) If the child or pregnant woman is known or believed by the Department or local health department to reside at an affected property, information regarding the tenant's rights under Environment Article, §§ 6-815 and 6-819, Annotated Code of Maryland.

D. Failure to Schedule an On-Site Assessment.

(1) If the caregiver or pregnant woman does not respond to the attempts to schedule the on-site assessment of a primary residence made in accordance with §C of this regulation, the Department or local health department may:

(a) Attempt to make contact with the caregiver or pregnant woman by coordinating with the medical provider or through other means; or

(b) At its discretion, close the case without conducting an environmental investigation.

(2) If a case is closed by the Department or local health department pursuant to §D(1) of this regulation, the Department or local health department:

(a) If the primary residence is not owned by the caregiver or pregnant woman, shall mail a letter through first-class mail to the property owner advising that the:

(i) Lead paint risk assessor or local health department representative was unable to contact the caregiver or pregnant woman to schedule an on-site assessment of the property; and

(ii) Case has been closed by the Department or local health department without conducting an environmental investigation; and

(b) May reopen the case and conduct an environmental investigation upon request of the caregiver or pregnant woman.

(3) If the lead paint risk assessor or local health department representative, in accordance with §B(2) of this regulation, is unable to schedule an on-site assessment for a secondary property, the lead paint risk assessor shall:

(a) Complete the environmental investigation including only the primary residence; and

(b) Note in the environmental investigation report that the secondary property was not assessed.

Md. Code Regs. 26.16.08.05

Regulation .05 adopted effective 47:13 Md. R. 643, eff. 7/1/2020