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H7191APublic Health

Health and Safety - Lead Poisoning Prevention Act

This bill mandates free lead poisoning blood tests for children under six, using Rhode Island-based laboratories exclusively.

On the floor72 Yea0 Nay3 Not voting
Population
Affected
15
Email Legislator
Introduced Jan 21, 2026Committee House Health & Human Services

Plain-English Summary

This bill amends the Lead Poisoning Prevention Act by adding new requirements for blood lead screening in young children. It requires that all blood samples collected from children under six years old for lead screening be sent to the Rhode Island Department of Health state laboratory or an in-state clinical laboratory. Additionally, it mandates that these laboratories must perform the blood lead analyses regardless of the family's ability to pay, ensuring the testing is completely free for the child and their parents or guardians.

For younger readers

This rule says that when kids younger than six go to the doctor and get their blood tested for lead (a harmful metal that can make you sick), the blood must be checked by a lab inside Rhode Island. A lab is a place where scientists look at blood to see if a person is healthy. The rule also says the lab must do this test for free, so parents do not have to pay any money for it, even if they do not have enough money.

Who & Where It Applies

Impacted groups
Children under sixParents and guardiansClinical laboratoriesPhysicians and pediatriciansRhode Island Department of Health
Impacted communities
All

Constitutional & Fiscal Check

There is a constitutional risk regarding the Dormant Commerce Clause. By mandating that blood samples must be sent only to the state laboratory or a clinical laboratory "operated by an entity incorporated in the State of Rhode Island," the law explicitly restricts interstate commerce and discriminates against out-of-state laboratories.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Mandating that lead testing be provided at no cost directly supports low-income families and strengthens the social safety net by removing financial barriers to essential healthcare.
  • Ensuring universal access to lead screening helps combat environmental justice issues, as lead poisoning disproportionately affects disadvantaged communities and children living in older housing.
  • Requiring samples to be processed by the state laboratory or local Rhode Island-incorporated entities keeps public health resources within the local community, supporting local workers.
  • Restricting laboratory testing to only Rhode Island-incorporated entities might inadvertently create testing bottlenecks if local labs are overwhelmed, potentially delaying swift diagnoses for vulnerable children.
  • The bill does not include additional state funding for the laboratories mandated to perform these free tests, which could financially strain local community health clinics or underfunded public health labs.
  • The legislation maintains existing religious exemptions for lead screening, which conflicts with the progressive goal of prioritizing child welfare and public health over religious loopholes.
For Conservatives
  • By requiring tests to be sent to Rhode Island-incorporated laboratories, the bill protects local businesses and economic interests from out-of-state corporate competition.
  • The legislation preserves the existing religious exemption, protecting parental rights and religious freedom by allowing parents to opt their children out of the screening.
  • The mandate forces private laboratories to absorb the cost of the tests rather than creating a new taxpayer-funded government assistance program, limiting direct state expenditures.
  • Mandating that private laboratories provide services for free, regardless of a customer's ability to pay, is a heavy-handed government overreach that infringes on corporate freedom.
  • Restricting health care providers to use only Rhode Island-based laboratories limits interstate commerce and prevents doctors from choosing the most cost-effective out-of-state testing facilities.
  • Imposing unfunded mandates on businesses to provide free services effectively functions as a hidden tax on private enterprises, which could drive up healthcare costs elsewhere.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 12 additions

SECTION 1. Sections 23-24.6-7 and 23-24.6-21 of the General Laws in Chapter 23-24.6 entitled "Lead Poisoning Prevention Act" are hereby amended to read as follows: 23-24.6-7. Screening by health care providers.

(a) The department shall promulgate regulations establishing the means by which and the intervals at which children under six (6) years of age shall be screened for lead poisoning. The department is also authorized to require screening for lead poisoning in other high risk groups.

(b) Each physician registered or licensed by Rhode Island or any agency of Rhode Island shall screen children under six (6) years of age for lead poisoning at the intervals and using the methods specified in the regulations adopted pursuant to subsection (a). Each licensed, registered or approved health care facility serving children under six (6) years of age, including but not limited to hospitals, clinics, and health maintenance organizations, shall take appropriate steps to ensure that their patients receive screening for lead poisoning at the intervals and using the methods specified in these regulations.

(c) All health care programs funded in whole or in part with state money and having child health components shall include, require, and/or provide for screening children under six (6) years of age for lead poisoning at the intervals and using the methods specified in the regulations promulgated under this section.

(d) The provisions of this section shall not apply if the parents of the child object to the child undergoing blood lead screening on the grounds that the screening conflicts with their religious tenets and practices.

(e) All blood samples taken by physicians or other health care providers licensed in Rhode Island or by licensed, registered, or approved health care facilities in Rhode Island from children under the age of six (6) years for the purpose of screening for blood lead level shall be sent to either the state laboratory in the department of health or a clinical laboratory, as defined in chapter 16.2 of this title, that is operated by an entity incorporated in the State of Rhode Island, for laboratory analysis.

(f) The department shall, at least annually, analyze and summarize all of the lead screening information provided by physicians, health care facilities, and laboratories and provide this information to all other local and state agencies involved with case management and lead hazard reduction. An analysis and summary of the data shall also be made available, at least annually, to the health care community, to the general assembly, and the general public in a format that is easily understandable to non-technical readers. 23-24.6-21. Laboratory testing and reporting requirement certification.

(a) Laboratory analyses of all clinical and environmental media samples collected to demonstrate compliance with this chapter or with regulations promulgated pursuant to this chapter shall only be conducted by a laboratory which has been licensed or certified (as appropriate) by the director pursuant to chapter 16.2 of this title entitled “Laboratories.” Licensed laboratories performing blood lead analyses taken from children under six (6) years of age shall be certified by the director in accordance with a process approved by the director.

(b) All laboratories performing blood lead analyses on samples taken from children under six (6) years of age shall report the results of such analyses to the department in accordance with regulations promulgated by the department.

(c) All laboratories performing blood lead analyses on samples taken from children under six (6) years of age shall perform blood lead analyses on children under six (6) years of age regardless of the child or child’s parent or guardian’s ability to pay for the analysis and at no cost to the child or child’s parent or guardian.

SECTION 2. This act shall take effect upon passage.