Except as specified in <cite data-path="|health|§4-603">§ 4-603 {“Exceptions”} of this subtitle</cite>, every parent and guardian must provide for the timely and appropriate testing for lead poisoning of his or her minor children, as specified by the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>. Ord. 00-020 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Except as specified in <cite data-path="|health|§4-603">§ 4-603 {“Exceptions”} of this subtitle</cite>, every pediatric and primary care health provider must order the timely and appropriate testing for lead poisoning of his or her minor patients, as specified by the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>. Ord. 00-020 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

This Part I does not apply to any child whose parent or guardian, in accordance with the rules and regulations of the State Secretary of Health and Mental Hygiene, objects to testing on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices. Ord. 00-020

In enforcing this Part I, each child who is not properly tested as required is considered a separate violation. § 4-601{“Parental responsibility”} of this subtitle may be enforced by issuance of an environmental citation under <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”} of the City Code. Any provider who violates any provision of <cite data-path="|health|§4-602">§ 4-602 {“Provider’s responsibility”} of this subtitle</cite> or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation. Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part I. Ord. 00-020

The Commissioner of Health is directed to adopt rules and regulations under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> to implement a registry of screening history for children residing in the City. Ord. 00-020 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Each medical laboratory must report to the Commissioner whenever that laboratory tests for lead poisoning any child who is less than 7 years old and who resides in the City. The report must:be made within 14 days after the test is conducted; and contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations. Ord. 00-020

In this section, “child care facility” means any facility that:provides for the care, custody, or control of a minor child; and is required to be licensed by or registered with the State for that purpose. Subject to the criteria contained in paragraph (1) of this subsection, “Child care facility” includes any:child care center; child care home; child care institution; family day care home; non-public nursery school; or non-public kindergarten. Each child care facility must report to the Commissioner whenever that facility receives a State Health Inventory or other report that contains information on whether a child who resides in the City has been tested for lead poisoning. The report must:be made within 14 days after the State Health Inventory or other report is received by the facility; and contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations. Ord. 00-020

Any person who violates any provision of this Part II or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation. Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part II. Ord. 00-020

Every 2 years, the Health Commissioner shall test all activated water fountains at each of 10 randomly-selected public schools. Testing shall be conducted at the expense of the Baltimore City School System. Ord. 04-647

Any water fountain that fails to meet EPA standards must be taken out of service. Ord. 04-647