N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 67-3.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 67-3.1 - Laboratory reporting of blood lead levels for public health follow up

(a) For purposes of this Subpart, laboratory shall mean:

(1) any laboratory that holds a permit issued in accordance with Public Health Law, article 5, title V and is authorized to conduct blood lead analyses; or

(2) an entity exempt from the requirements of Public Health Law, article 5, title V pursuant to section 579(3) of that title, that holds a certificate of registration issued by the department and is authorized to conduct blood lead analyses.

(b) Laboratories shall report the results of all blood lead analyses performed on residents of New York State to the Commissioner of Health and to the local health officers in whose jurisdictions the subjects of the tests reside. If the laboratory reports electronically to the Commissioner of Health in accordance with subdivision (e) of this section, the Department of Health shall notify the appropriate local health officer of the test results and the laboratory shall be deemed to have satisfied the reporting requirements of this section.

(c) Whenever a laboratory refers a blood lead sample to another laboratory for analysis, the laboratories may agree on which laboratory will report in compliance with this Subpart, but both laboratories will be accountable to insure that a report is made.

(d) All laboratories shall report electronically to the Commissioner of Health each blood lead analysis conducted. The report must include the subject's name, date of birth, race, gender, address, county of residence, type of sample (venous or fingerstick) and blood lead level; the health care practitioner ordering the test, laboratory identifiers, the date the sample was collected and the date of analysis. Reporting pursuant to this subdivision shall be done using an electronic telecommunication system consistent with the technical specifications established by the department.

(e) Any laboratory not permitted in accordance with Public Health Law, article 5, title V to perform blood lead analysis which accepts a blood lead sample and refers the sample elsewhere for analysis shall transmit to the laboratory performing the analysis all of the information that is required by subdivision (d) of this section.

(f) Time limits for reporting and special notification requirements of blood lead levels in children.

(1) Laboratories shall report the results of all blood lead tests as specified in this Subpart within five business days of the date of analysis.

(2) In addition to any other reporting required by this Subpart, all laboratories shall notify the provider ordering the blood lead test of the results of any analysis in a child less than 18 years of age which is equal to or greater than 45 mcg/dL (micrograms per deciliter) within 24 hours of the analysis.

(g) Nothing in this Subpart shall be construed to relieve any laboratory from reporting results of any blood lead analysis to the physician, or other health care provider that ordered the test or to any other entity as required by State, Federal, or local statutes or regulations or in accordance with accepted standards of practice except that reporting in compliance with this Subpart shall satisfy the blood lead reporting requirements of Public Health Law, article 13, title 10 and Part 22 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 67-3.1