<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 26.16.08.05" title_num="26" subtitle_num="16" chapter_num="08" heading="Scheduling an Environmental Investigation.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Not more than 10 business days after the receipt of the blood lead level test result, provide notification of the EBL level to:</text>
      <paragraph num="(a)">
        <text>The caregiver of the child or the pregnant woman; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Department or local health department representative:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>May, if determined necessary by the Department or the local health department representative while conducting the environmental investigation, schedule an on-site assessment for a secondary property through coordination with the caregiver or pregnant woman.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Procedures for Scheduling an On-Site Assessment.</text>
    <paragraph num="(1)">
      <text>The on-site assessment of a primary residence may be scheduled by the Department or local health department representative in coordination with a local health department representative’s home visit.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department 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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the Department 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 Department or local health department representative shall mail a letter through first-class mail to the caregiver or pregnant woman.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Department 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:</text>
      <paragraph num="(a)">
        <text>The Department’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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Notice that the letter constitutes the final attempt by the Department or local health department representative to schedule the on-site assessment of the primary residence;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The latest calendar date that the caregiver or pregnant woman may contact the Department or local health department representative to schedule an on-site assessment of the primary residence;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Notice that failure to contact the Department 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</text>
      </paragraph>
      <paragraph num="(e)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Failure to Schedule an On-Site Assessment.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Attempt to make contact with the caregiver or pregnant woman by coordinating with the medical provider or through other means; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>At its discretion, close the case without conducting an environmental investigation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If a case is closed by the Department or local health department under
                  §D(1) of this regulation, the Department or local health department:</text>
      <paragraph num="(a)">
        <text>Shall, if the primary residence is not owned by the caregiver or pregnant woman, mail a letter through first-class mail to the property owner advising that the:</text>
        <paragraph num="(i)">
          <text>Department or local health department representative was unable to contact the caregiver or pregnant woman to schedule an on-site assessment of the property; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Case has been closed by the Department or local health department without conducting an environmental investigation; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>May reopen the case and conduct an environmental investigation upon request of the caregiver or pregnant woman.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If the Department 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 Department or the local health department representative shall:</text>
      <paragraph num="(a)">
        <text>Complete the environmental investigation including only the primary residence; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Note in the environmental investigation report that the secondary property was not assessed.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>