7303.1Each time a health care provider or health care facility draws blood or orders a blood draw for a BLL test for a child residing in the District of Columbia, the health care provider or health care facility shall collect and record the information listed in § 7303.3. The provider or facility shall transmit the information to the laboratory performing the BLL analysis at the same time the provider or facility transmits the blood specimen to the laboratory.
7303.2 Each laboratory that analyzes a blood sample taken from a child residing in the District of Columbia shall, within a week after completion of the analysis, submit a report that meets the requirements in § 7303.3, as follows:
(a) The laboratory shall submit a written report to the health care provider or the health care facility where the sample was taken;(b) The laboratory shall submit a report to the Childhood Lead Poisoning Prevention Program (Program), through the Program's electronic reporting system; and(c) The laboratory shall immediately notify the health care provider or the health care facility and the Program of the results by telephone or fax if the child's BLL equals or exceeds ten micrograms of lead per deciliter (10 µg/dL).7303.3The laboratory reports for BLL tests shall include the following information:
(a) Full name, date of birth, gender, and race of the child;(b) Medicaid Identification Number of the child, if applicable;(c) Complete home address of the child at the time the blood sample was drawn, including the house or apartment number, street, and zip code;(d) Full name, address, and telephone number of the parent or guardian;(e) Name, address, and telephone number of the health care provider or health care facility, including the name and telephone number of the physician ordering the test;(f) Type of specimen (venous or capillary), and date on which the specimen was drawn;(g) Draw site name, address, and telephone number, if different from the health care provider or health care facility;(h) Clinical Laboratory Improvement Act (CLIA) number, name, address, and telephone number;(i) Blood lead level, in micrograms per deciliter (µ956;g/dL);(j) Name, address, and telephone number of any insurance company that may provide coverage for the child, and the group number and member identification number of the primary insured; and(k) Any other information that may be required in any reporting forms or instructions that the Program may issue.7303.4Immediately upon receipt of a laboratory report indicating an elevated BLL in a child, the health care provider or health care facility shall inform the child's parent or guardian of the results and the measures recommended for follow-up treatment and care. Upon request, the provider or facility shall furnish the parent or guardian with a copy of the laboratory report free of charge.
7303.5Each health care provider or health care facility shall report a lead-poisoned child to the Program as follows:
(a) Report a lead-poisoned child by telephone within seventy-two (72) hours after receiving information of a lead-poisoned child from a laboratory or another health care provider or health care facility;(b) Supply the child's name and address; and(c) Supply the name and telephone number of the child's parent or guardian.7303.6The health care provider or health care facility shall, upon a parent's or guardian's request, provide to the child's parent or guardian, a certificate of testing for lead poisoning that includes the date of the test, and the test results.
7303.7Except as provided in this section, each health care provider, health care facility, laboratory, and the Program shall keep confidential the laboratory report prepared pursuant to this section and the underlying transmittal information from the health care provider or health care facility to the laboratory.
7303.8 An employee or agent of the District Government may disclose the following information concerning a child with an elevated BLL to the owner of the affected property and to the owner's attorney:
(a) The name of the child;(b) The child's home address;(c) The name and telephone number of the child's parent or guardian; and(d) Any other information contained in a laboratory report prepared pursuant to this section, except that the child's Social Security Number, if provided to the Program, shall not be disclosed to the owner of the affected property or the owner's attorney.7303.9An employee or agent of the District Government may disclose the address of an affected property, but not the name of a child who may have become lead-poisoned at the affected property, or any other information contained in a laboratory report prepared pursuant to this section concerning that child, to an individual or business entity retained to conduct lead-based paint activities at the affected property, provided the individual or business entity is certified pursuant to the Lead Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code §§ 8-231.01et seq.).
7303.10An employee or agent of the District Government may, in a manner that is consistent with federal law and to the extent consistent with other provisions of District law, disclose information contained in a laboratory report prepared pursuant to this section to an agency or authority of the District or United States government, or a person or entity acting under a grant of authority from or contract with such authority or agency, if the disclosure is:
(a) Required by District or federal law;(b) To a public health authority authorized by law to receive the information for the purpose of preventing or controlling disease, injury, or disability;(c) Required or authorized by statute or regulation relating to the reporting of abuse, neglect, or domestic violence, if the conditions for disclosure under 45 CFR § 164.512(c)(1) are met;(d) To a health oversight agency for oversight activities authorized by law;(e) For judicial and administrative proceedings, in response to an order of a court or administrative tribunal, and includes only the information expressly authorized by such order;(f) For law enforcement purposes, if the conditions for disclosure under 45 CFR § 164.512(f) are met;(g) For research purposes, if the conditions for disclosure under 45 CFR § 164.512(i) are met;(h) To prevent or lessen a serious and imminent threat to the health or safety of a person or the public, and is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat; or(i) For any other purpose for which an entity subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), approved August 21, 1996 (110 Stat. 1936; 42 USC §§ 1320det seq.), would be authorized to disclose health information without consent of the individual.7303.11 Except as provided in this section, no person other than an employee or agent of the Department may disclose the name of the child or any other information contained in a laboratory report prepared pursuant to this section, to any other person without the express consent of the parent or guardian.
D.C. Mun. Regs. tit. 22, r. 22-B7303
Final Rulemaking published at 52 DCR 9852 (November 4, 2005); as amended by Final Rulemaking published at 60 DCR 10909 (July 26, 2013); amended by Final Rulemaking published at 65 DCR 9729 (9/21/2018)Authority: District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq. (2008 Repl. & 2012 Supp.)), the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-265; D.C. Official Code § 7-871.03 (2008 Repl. & 2012 Supp.)), the Transfer of Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7602 (July 18, 2008)), the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01 et seq. (2012 Supp.)), Mayor's Order 2009-113, dated June 18, 2009, and the Lead Hazard Prevention and Elimination Amendment Act of 2010 (S2011 Amendments), effective March 31, 2011 (D.C. Law 18-348; 58 DCR 717 (January 28, 2011)).