As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 276


Senators Jones, Tavares 


A BILL
To amend sections 3701.63 and 3701.64 and to enact 1
sections 3701.66 and 3701.67 of the Revised Code 2
to require the Department of Health to establish 3
the Safe Sleep Education Program, hospitals and 4
freestanding birthing centers to implement an 5
infant safe sleep screening policy, and certain 6
persons and entities to adopt an internal infant 7
safe sleep policy.8


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 3701.63 and 3701.64 be amended and 9
sections 3701.66 and 3701.67 of the Revised Code be enacted to 10
read as follows:11

       Sec. 3701.63. (A) As used in this section and section12
sections 3701.64, 3701.66, and 3701.67 of the Revised Code:13

        (1) "Child day-care center," "type A family day-care home," 14
and "licensed type B family day-care home" have the same meanings 15
as in section 5104.01 of the Revised Code.16

       (2) "Child care facility" means a child day-care center, a 17
type A family day-care home, or a licensed type B family day-care 18
home.19

        (3) "Foster caregiver" has the same meaning as in section 20
5103.02 of the Revised Code.21

       (4) "Freestanding birthing center" has the same meaning as in 22
section 3702.141 of the Revised Code.23

       (4)(5) "Hospital" means a hospital classified pursuant to 24
rules adopted under section 3701.07 of the Revised Code as a 25
general hospital or children's hospital.26

       (5)(6) "Maternity unit" means any unit or place inthe 27
distinct portion of a hospital where women are regularly received 28
and provided care during all or part of the maternity cycle, 29
except that "maternity unit" does not include an emergency 30
department or similar place dedicated to providing emergency 31
health carelicensed as a maternity unit under Chapter 3711. of 32
the Revised Code.33

       (6)(7) "Parent" means either parent, unless the parents are 34
separated or divorced or their marriage has been dissolved or 35
annulled, in which case "parent" means the parent who is the 36
residential parent and legal custodian of the child. "Parent" also 37
means a prospective adoptive parent with whom a child is placed.38

       (7)(8) "Shaken baby syndrome" means signs and symptoms, 39
including, but not limited to, retinal hemorrhages in one or both 40
eyes, subdural hematoma, or brain swelling, resulting from the 41
violent shaking or the shaking and impacting of the head of an 42
infant or small child.43

        (B) The director of health shall establish the shaken baby 44
syndrome education program by doing all of the following:45

       (1) By not later than one year after February 29, 2008, 46
developingDeveloping educational materials that present readily 47
comprehendible information on shaken baby syndrome;48

        (2) Making available on the department of health web site in 49
an easily accessible format the educational materials developed 50
under division (B)(1) of this section;51

        (3) Beginning in 2009, annuallyAnnually assessing the 52
effectiveness of the shaken baby syndrome education program by 53
evaluating the reports received pursuant to section 5101.135 of 54
the Revised Code.55

       (C) In meeting the requirements under division (B) of this 56
section, the director shall not develop educational materials that 57
will impose an, to the extent possible, minimize administrative or 58
financial burdenburdens on any of the entities or persons listed 59
in section 3701.64 of the Revised Code.60

       Sec. 3701.64.  (A) As used in this section and sections 61
3701.66 and 3701.67 of the Revised Code, "infant" means a child 62
who is less than one year of age.63

       (B) A copy of the shaken baby syndrome educational materials 64
developed under section 3701.63 of the Revised Code shall be 65
distributed in the following manner:66

       (1) By child birth educators and the staff of pediatric 67
physicians' offices and obstetriciansobstetricians' offices, to 68
an expectant parent who uses their services;69

       (2) By the staff of pediatric physicians' offices, to an 70
infant's parent, guardian, or other person responsible for the 71
infant, including a foster caregiver, who uses their services;72

       (3) By the hospital or freestanding birthing center in which 73
a childan infant is born, to the child'sinfant's parent, 74
guardian, or other person responsible for the infant, including a 75
foster caregiver, before the child is discharged from the 76
facility;77

       (3)(4) By the staff of the "help me grow" program established 78
pursuant to section 3701.61 of the Revised Code, to the child'san 79
infant's parent, guardian, or other person responsible for the 80
infant, including a foster caregiver, during home-visiting 81
services conducted in accordance with that section; 82

       (4)(5) By each child care facility operating in this state, 83
to each of its employees;84

       (6) By a public children services agency, when the agency has 85
initial contact with an infant's parent, guardian, or other person 86
responsible for the infant, including a foster caregiver.87

       (B)(C) Each entity and person required to distribute 88
educational materials pursuant to division (A)(B) of this section 89
is immune from any civil and criminal liability for injury, death, 90
or loss to person or property resulting from the dissemination of, 91
or failure to disseminate, those educational materials.92

       Sec. 3701.66.  (A) As used in this section, "sudden 93
unexpected infant death" means the death of an infant that occurs 94
suddenly and unexpectedly, the cause of which is not immediately 95
obvious prior to investigation.96

       (B) The department of health shall establish the safe sleep 97
education program by doing all of the following:98

       (1) By not later than sixty days after the effective date of 99
this section, developing educational materials that present 100
readily comprehendible information on safe sleeping practices for 101
infants and possible causes of sudden unexpected infant death;102

        (2) Making available on the department's internet web site in 103
an easily accessible format the educational materials developed 104
under division (B)(1) of this section;105

       (3) Beginning in 2015, annually assessing the effectiveness 106
of the safe sleep education program by evaluating the reports 107
submitted by child fatality review boards to the department 108
pursuant to section 307.626 of the Revised Code.109

       (C) In meeting the requirements under division (B) of this 110
section, the department shall develop educational materials that, 111
to the extent possible, minimize administrative or financial 112
burdens on any of the entities or persons required by division (D) 113
of this section to distribute the materials.114

       (D) A copy of the safe sleep educational materials developed 115
under this section shall be distributed by entities and persons 116
with and in the same manner as the shaken baby syndrome 117
educational materials are distributed pursuant to section 3701.64 118
of the Revised Code.119

       Each entity or person required to distribute the educational 120
materials is immune from any civil and criminal liability for 121
injury, death, or loss to person or property resulting from the 122
dissemination of, or failure to disseminate, those educational 123
materials.124

       Each entity or person that is required to distribute the 125
educational materials and has infants regularly sleeping at a 126
facility or location under the entity's or person's control shall 127
adopt an internal infant safe sleep policy. The policy shall 128
specify when and to whom educational materials on infant safe 129
sleep practices are to be delivered to individuals working or 130
volunteering at the facility or location and be consistent with 131
the model internal safe sleep policy adopted under division (E) of 132
this section. 133

       (E) The director of health shall adopt a model internal 134
infant safe sleep policy for use by entities and persons that must 135
comply with division (D) of this section. The policy shall specify 136
safe infant sleep practices, include images depicting safe infant 137
sleep practices, and specify sample content for an infant safe 138
sleep education program that entities and persons may use when 139
conducting new staff orientation programs. 140

       Sec. 3701.67. (A) Each hospital and freestanding birthing 141
center shall implement an infant safe sleep screening procedure. 142
The purpose of the procedure is to determine whether there will be 143
a safe crib, portable play yard, or other suitable sleeping place 144
for each infant born at the hospital or freestanding birthing 145
center to sleep in once the infant is discharged from the facility 146
following birth. The procedure shall consist of questions that the 147
facility's staff must ask the infant's parent, guardian, or other 148
person having custody and control of the infant regarding the 149
infant's intended sleeping place and environment. In meeting this 150
requirement, the facility may use questions developed under 151
division (C) of this section.152

       (B) If a facility determines through the procedure 153
implemented under division (A) of this section that the infant is 154
unlikely to have a safe crib, portable play yard, or other 155
suitable sleeping place at the infant's residence, the facility 156
shall not discharge the infant until it arranges for the parent, 157
guardian, or other person having custody and control of the infant 158
to leave the facility with one of those items at no charge to that 159
individual. In meeting this requirement, the facility may 160
collaborate with or obtain assistance from persons or government 161
entities that are able to procure safe cribs, portable play yards, 162
or other suitable sleeping places or provide money to purchase 163
those items.164

       (C) The director of health shall develop questions that 165
facilities may use when implementing the infant safe sleep 166
screening procedure required by division (A) of this section. The 167
director may consult with persons and government entities that 168
have expertise in infant safe sleep practices when developing the 169
questions. 170

       Section 2.  That existing sections 3701.63 and 3701.64 of the 171
Revised Code are hereby repealed.172

       Section 3.  Section 3701.63 of the Revised Code is presented 173
in this act as a composite of the section as amended by both Am. 174
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly. 175
The General Assembly, applying the principle stated in division 176
(B) of section 1.52 of the Revised Code that amendments are to be 177
harmonized if reasonably capable of simultaneous operation, finds 178
that the composite is the resulting version of the section in 179
effect prior to the effective date of the section as presented in 180
this act.181