(a) Eligibility Criteria for Environmental Lead Investigation.
  (1) The eligibility criteria for an environmental lead investigation shall be as stated on the department's Form Pb-101, Request for Environmental Lead Investigation or equivalent.
  (2) A city, health district, or local health department may conduct an environmental lead investigation using lower elevated blood lead results than those in paragraph (1) of this subsection.
  (3) Before conducting the investigation, city, health district, or local health department will:
    (A) inform the health care provider of the intent to conduct the investigation; and
    (B) submit to the department the most current Form Pb-101, Request for Environmental Lead Investigation or equivalent.
(b) Requesting an Environmental Lead Investigation.
  (1) The request for an environmental lead investigation shall be, completed in its entirety, on the department's most current form Pb-101, Request for Environmental Lead Investigation or equivalent.
  (2) The following persons may request an environmental lead investigation for a child meeting criteria in subsection (a) of this section:
    (A) the child's attending healthcare provider;
    (B) a public health nurse;
    (C) local health department staff;
    (D) local Childhood Lead Poisoning Prevention Program staff; or
    (E) designated Texas Childhood Lead Poisoning Prevention Program staff.
  (3) An environmental lead investigation request may be denied by the department if the eligibility criteria is not met.
  (4) The department will notify the requestor of the reason for such denial.
(c) Conducting and Reporting an Environmental Lead Investigation.
  (1) Only a person currently certified by the State of Texas as a lead risk assessor shall conduct an environmental lead investigation.
  (2) The lead risk assessor shall conduct the investigation in accordance with the conditions and requirements of the certification by the department.
  (3) The lead risk assessor shall provide a written report of each completed environmental lead investigation to the provider; parent or guardian; and homeowner or property owner.
    (A) The written report shall contain at least the following from the investigation:
      (i) date lead risk assessment was performed;
      (ii) address where lead risk assessment was performed;
      (iii) name and address of property owner;
      (iv) date structure or unit was built;
      (v) name of lead risk assessor, certification number, or business affiliation of the person that conducted the investigation;
      (vi) testing methods used (e.g. X-ray fluorescence (XRF), what samples were collected, and name of the accredited laboratory that analyzed samples);
      (vii) a general statement of the results;
      (viii) a description of recommended interim controls and/or abatement options for each identified lead-based paint hazard;
      (ix) a suggested prioritization for taking each action based on the immediacy and severity of the hazard; and
      (x) if the risk assessor is recommending use of an encapsulant or enclosure, the report shall include maintenance and monitoring schedule for the encapsulant or enclosure.
    (B) If the parent or guardian is not the owner of the property investigated, and the risk-assessor discovered lead-based paint hazards on the property; the lead risk assessor shall inform the property owner about the investigation findings, recommendations, and their legal obligation to disclose the same to all future tenants and buyers.
  (4) The lead risk assessor conducting the investigation shall send a complete copy of the environmental lead investigation report to the department's Texas Childhood Lead Poisoning Prevention Program. The report shall consist of the following:
    (A) a copy of the summary report letter sent to the healthcare provider, the parent, or guardian, and to the property owner, if applicable;
    (B) a completed form Pb-103 (Elevated Blood Lead Level Investigation Questionnaire) or its equivalent;
    (C ) signed consent forms or records of consent denials; and
    (D) results of all environmental sampling and testing performed.
  (5) Confidentiality. The report shall be confidential as provided by the Texas Health and Safety Code, §161.0213.

Source Note: The provisions of this §37.339 adopted to be effective August 28, 2008, 33 TexReg 6829