As Reported by the Senate Medicaid, Health and Human Services Committee

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


Senators Jones, Tavares 

Cosponsor: Senator Brown 

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 procedure, 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 staff of the hospital or freestanding birthing 73
center in which a childan infant is born, to the child's74
infant's parent, guardian, or other person responsible for the 75
infant, including a foster caregiver, before the child is 76
discharged from the 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) Each(C) An entity andor person required to distribute 88
educational materials pursuant to division (A)(B) of this section 89
is immune from anynot liable for damages in a civil and criminal 90
liabilityaction for injury, death, or loss to person or property 91
resultingthat allegedly arises from an act or omission associated 92
with the dissemination of, or failure to disseminate, those 93
educational materials unless the act or omission constitutes 94
willful or wanton misconduct.95

       An entity or person required to distribute educational 96
materials in accordance with division (B) of this section is not 97
subject to criminal prosecution or, to the extent that a person is 98
regulated under Title XLVII of the Revised Code, professional 99
disciplinary action under that title, for an act or omission 100
associated with the dissemination of those educational materials.101

       This division does not eliminate, limit, or reduce any other 102
immunity or defense that an entity or person may be entitled to 103
under Chapter 2744. of the Revised Code, or any other provision of 104
the Revised Code, or the common law of this state.105

       Sec. 3701.66.  (A) As used in this section, "sudden 106
unexpected infant death" means the death of an infant that occurs 107
suddenly and unexpectedly, the cause of which is not immediately 108
obvious prior to investigation.109

       (B) The department of health shall establish the safe sleep 110
education program by doing all of the following:111

       (1) By not later than sixty days after the effective date of 112
this section, developing educational materials that present 113
readily comprehendible information on safe sleeping practices for 114
infants and possible causes of sudden unexpected infant death;115

        (2) Making available on the department's internet web site in 116
an easily accessible format the educational materials developed 117
under division (B)(1) of this section;118

       (3) Beginning in 2015, annually assessing the effectiveness 119
of the safe sleep education program by evaluating the reports 120
submitted by child fatality review boards to the department 121
pursuant to section 307.626 of the Revised Code.122

       (C) In meeting the requirements under division (B) of this 123
section, the department shall develop educational materials that, 124
to the extent possible, minimize administrative or financial 125
burdens on any of the entities or persons required by division (D) 126
of this section to distribute the materials.127

       (D) A copy of the safe sleep educational materials developed 128
under this section shall be distributed by entities and persons 129
with and in the same manner as the shaken baby syndrome 130
educational materials are distributed pursuant to section 3701.64 131
of the Revised Code.132

       An entity or person required to distribute the educational 133
materials is not liable for damages in a civil action for injury, 134
death, or loss to person or property that allegedly arises from an 135
act or omission associated with the dissemination of those 136
educational materials unless the act or omission constitutes 137
willful or wanton misconduct.138

       An entity or person required to distribute the educational 139
materials is not subject to criminal prosecution or, to the extent 140
that a person is regulated under Title XLVII of the Revised Code, 141
professional disciplinary action under that title, for an act or 142
omission associated with the dissemination of those educational 143
materials.144

       This division does not eliminate, limit, or reduce any other 145
immunity or defense that an entity or person may be entitled to 146
under Chapter 2744. of the Revised Code, or any other provision of 147
the Revised Code, or the common law of this state.148

       (E) Each entity or person that is required to distribute the 149
educational materials and has infants regularly sleeping at a 150
facility or location under the entity's or person's control shall 151
adopt an internal infant safe sleep policy. The policy shall 152
specify when and to whom educational materials on infant safe 153
sleep practices are to be delivered to individuals working or 154
volunteering at the facility or location and be consistent with 155
the model internal safe sleep policy adopted under division (F) of 156
this section. 157

       (F) The director of health shall adopt a model internal 158
infant safe sleep policy for use by entities and persons that must 159
comply with division (E) of this section. The policy shall specify 160
safe infant sleep practices, include images depicting safe infant 161
sleep practices, and specify sample content for an infant safe 162
sleep education program that entities and persons may use when 163
conducting new staff orientation programs. 164

       Sec. 3701.67. (A) As used in this section:165

       (1) "Contractor" means a person who provides personal 166
services pursuant to a contract.167

       (2) "Critical access hospital" means a facility designated as 168
a critical access hospital by the director of health under section 169
3701.073 of the Revised Code.170

       (3) "Other person responsible for the infant" includes a 171
foster caregiver.172

       (B) Each hospital and freestanding birthing center shall 173
implement an infant safe sleep screening procedure. The purpose of 174
the procedure is to determine whether there will be a safe crib, 175
portable play yard, or other suitable sleeping place for each 176
infant born at the hospital or freestanding birthing center to 177
sleep in once the infant is discharged from the facility to the 178
infant's residence following birth. The procedure shall consist of 179
questions that facility staff or volunteers must ask the infant's 180
parent, guardian, or other person responsible for the infant 181
regarding the infant's intended sleeping place and environment.182

        The director of health shall develop questions that 183
facilities may use when implementing the infant safe sleep 184
screening procedure required by this division. The director may 185
consult with persons and government entities that have expertise 186
in infant safe sleep practices when developing the questions. 187

       (C)(1) If, prior to an infant's discharge from a facility to 188
the infant's residence following birth, a facility other than a 189
critical access hospital or a facility identified under division 190
(D) of this section determines through the procedure implemented 191
under division (B) of this section that the infant is unlikely to 192
have a safe crib, portable play yard, or other suitable sleeping 193
place at the infant's residence, the facility shall not, except as 194
provided in division (C)(2) of this section, discharge the infant 195
until it arranges for the parent, guardian, or other person 196
responsible for the infant to obtain one of those items at no 197
charge to that individual. In meeting this requirement, the 198
facility may do either of the following:199

       (a) Collaborate with or obtain assistance from persons or 200
government entities that are able to procure safe cribs, portable 201
play yards, or other suitable sleeping places or provide money to 202
purchase those items;203

       (b) Refer the parent, guardian, or other person responsible 204
for the infant to a site, designated by the department of health's 205
bureau of healthy Ohio for purposes of the cribs for kids 206
component of the violence and injury prevention program the bureau 207
administers, at which a safe crib, portable play yard, or other 208
suitable sleeping place may be obtained at no charge.209

       (2) A facility is not prohibited from discharging an infant 210
to the infant's residence if funds for the cribs for kids 211
component of the violence and injury prevention program have been 212
exhausted. In that circumstance, the facility shall make a good 213
faith effort to obtain a safe crib, portable play yard, or other 214
suitable place for the infant's parent, guardian, or the other 215
person responsible for the infant by using the facility's own 216
resources or by collaborating with or obtaining assistance from a 217
person or government entity described in division (C)(1)(a) of 218
this section.219

       (D) The director of health shall identify the facilities in 220
this state that are not critical access hospitals and that are not 221
served by a site described in division (C)(1)(b) of this section. 222
The director shall identify not less than annually the facilities 223
that meet both criteria and notify those that do so. 224

       (E) When a hospital registers with the department of health 225
under section 3701.07 of the Revised Code or a freestanding 226
birthing center renews its license in accordance with rules 227
adopted under section 3702.30 of the Revised Code, the facility 228
shall report the following information to the department in a 229
manner it prescribes:230

       (1) The number of safe cribs, portable play yards, or other 231
suitable places to sleep that the facility obtained and 232
distributed by using its own resources, and for purposes of 233
complying with this section, since the last time the facility 234
reported this information to the department;235

       (2) The number of safe cribs, portable play yards, or other 236
suitable places to sleep that the facility obtained and 237
distributed by collaborating with or obtaining assistance from 238
another person or government entity, and for purposes of complying 239
with this section, since the last time the facility reported this 240
information to the department;241

       (3) The number of referrals to a site, designated by the 242
department's bureau of healthy Ohio as described in division 243
(C)(1)(b) of this section, that the facility made since the last 244
time the facility reported this information to the department;245

       (4) Demographic information specified by the director of 246
health regarding the individuals to whom safe cribs, portable play 247
yards, or other suitable sleeping places were distributed as 248
described in division (E)(1) or (2) of this section or for whom a 249
referral described in division (E)(3) of this section was made;250

       (5) In the case of a critical access hospital or a facility 251
identified under division (D) of this section, demographic 252
information specified by the director of health regarding each 253
parent, guardian, or other person responsible for the infant 254
determined to be unlikely to have a safe crib, portable play yard, 255
or other suitable sleeping place at the infant's residence 256
pursuant to the procedure implemented under division (B) of this 257
section;258

       (6) Any other information collected by the facility regarding 259
infant sleep environments and intended infant sleep environments 260
that the director determines to be appropriate. 261

       (F) Not later than July 1 of each year beginning in 2015, the 262
director shall prepare a written report that summarizes the 263
information collected under division (E) of this section for the 264
preceding twelve months and provides any other information the 265
director considers appropriate for inclusion in the report. On 266
completion, the report shall be submitted to the governor and, in 267
accordance with section 101.68 of the Revised Code, the general 268
assembly.269

       (G) A facility, and any employee, contractor, or volunteer of 270
a facility, that implements an infant safe sleep procedure in 271
accordance with division (B) of this section is not liable for 272
damages in a civil action for injury, death, or loss to person or 273
property that allegedly arises from an act or omission associated 274
with implementation of the procedure, unless the act or omission 275
constitutes willful or wanton misconduct.276

       A facility, and any employee, contractor, or volunteer of a 277
facility, that implements an infant safe sleep screening procedure 278
in accordance with division (B) of this section is not subject to 279
criminal prosecution or, to the extent that a person is regulated 280
under Title XLVII of the Revised Code, professional disciplinary 281
action under that title, for an act or omission associated with 282
implementation of the procedure.283

       This division does not eliminate, limit, or reduce any other 284
immunity or defense that a facility, or an employee, contractor, 285
or volunteer of a facility, may be entitled to under Chapter 2744. 286
of the Revised Code, or any other provision of the Revised Code, 287
or the common law of this state. 288

       Section 2.  That existing sections 3701.63 and 3701.64 of the 289
Revised Code are hereby repealed.290

       Section 3.  Section 3701.63 of the Revised Code is presented 291
in this act as a composite of the section as amended by both Am. 292
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly. 293
The General Assembly, applying the principle stated in division 294
(B) of section 1.52 of the Revised Code that amendments are to be 295
harmonized if reasonably capable of simultaneous operation, finds 296
that the composite is the resulting version of the section in 297
effect prior to the effective date of the section as presented in 298
this act.299