Sub. S. B. No. 278 As Reported by the Senate Medicaid, Health and Human Services Committee

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

130th General Assembly

Regular Session

2013-2014

Sub. S. B. No. 278

Senators Jones, Tavares

A BILL

To amend section 313.121 of the Revised Code to

require the completion of a sudden unexplained

infant death investigation reporting form (SUIDI

reporting form) developed by the United States

Centers for Disease Control and Prevention, or an

alternative reporting form developed by the

Director of Health, whenever a child one year of

age or younger dies suddenly and unexpectedly and

to require that the appropriate child fatality

review board receive a copy of each completed

form.

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

Section 1. That section 313.121 of the Revised Code be	12
amended to read as follows:	13

Sec. 313.121. (A) As used in this section, "parent" means	14
either parent, except that if one parent has been designated the	15
residential parent and legal custodian of the child, "parent"	16
means the designated residential parent and legal custodian, and	17
if a person other than a parent is the child's legal guardian,	18
"parent" means the legal guardian.	19

(B) If a child under two years of age dies suddenly when in	20
apparent good health, the death shall be reported immediately to	21
the coroner of the county in which the death occurred, as required	22
by section 313.12 of the Revised Code. Except as provided in	23
division (C) of this section, the coroner or deputy coroner shall	24
perform an autopsy on the child. The autopsy shall be performed in	25
accordance with rules adopted by the director of health under	26
section 313.122 of the Revised Code. The coroner or deputy coroner	27
may perform research procedures and tests when performing the	28
autopsy.	29

If the child was one year of age or younger at the time of	30
death~~, the general assembly encourages~~and the death occurred	31
suddenly and unexpectedly, the cause of which is not immediately	32
obvious prior to investigation, the coroner, deputy coroner, or	33
~~any~~ other individual who has been designated to investigate the	34
child's death toshall complete a sudden unexplained infant death	35
investigation reporting form (SUIDI reporting form) developed by	36
the United States centers for disease control and prevention or an	37
alternative reporting form. ~~If completed, a copy of the form shall~~	38
~~be sent to the director of health and used for the purpose of~~	39
~~collecting data to prevent future unexplained infant deaths.~~The	40
director of health may develop an alternative reporting form in	41
consultation with the Ohio state coroners association. The	42
individual who completes the reporting form shall retain the form	43
and send a copy of it to the appropriate child fatality review	44
board or regional child fatality review board established under	45
section 307.621 of the Revised Code. If a coroner or deputy	46
coroner completes the reporting form, a copy of the coroner's	47
report described in section 313.09 of the Revised Code shall also	48
be sent to the board.	49

A completed reporting form and copies of completed reporting	50
forms are not public records under section 149.43 of the Revised	51
Code.	52

(C) A coroner or deputy coroner is not required to perform an	53
autopsy if the coroner of the county in which the death occurred	54
or a court with jurisdiction over the deceased body determines	55
under section 313.131 of the Revised Code that an autopsy is	56
contrary to the religious beliefs of the child. If the coroner or	57
the court makes such a determination, the coroner shall notify the	58
health district or department of health with jurisdiction in the	59
area in which the child's parent resides. For purposes of this	60
division, the religious beliefs of the parents of a child shall be	61
considered to be the religious beliefs of the child.	62

(D) If the child's parent makes a written or verbal request	63
for the preliminary results of the autopsy after the results are	64
available, the coroner, or a person designated by the coroner,	65
shall give the parent an oral statement of the preliminary	66
results.	67

The coroner, within a reasonable time after the final results	68
of the autopsy are reported, shall send written notice of the	69
results to the state department of health, the health district or	70
department with jurisdiction in the area in which the child's	71
parent resides, and, upon the request of a parent of the child, to	72
the child's attending physician. Upon the written request of a	73
parent of the child and the payment of the transcript fee required	74
by section 313.10 of the Revised Code, the coroner shall send	75
written notice of the final results to that parent. The notice	76
sent to the state department of health shall include all of the	77
information specified in rules adopted under section 313.122 of	78
the Revised Code.	79

(E) On the occurrence of any of the following, the health	80
district or department with jurisdiction in the area in which the	81
child's parent resides shall offer the parent any counseling or	82
other supportive services it has available:	83

(1) When it learns through any source that an autopsy is	84
being performed on a child under two years of age who died	85
suddenly when in apparent good health;	86

(2) When it receives notice that the final result of an	87
autopsy performed pursuant to this section concluded that the	88
child died of sudden infant death syndrome;	89

(3) When it is notified by the coroner that, pursuant to	90
division (C) of this section, an autopsy was not performed.	91

(F) When a health district or department receives notice that	92
the final result of an autopsy performed pursuant to this section	93
concluded that the child died of sudden infant death syndrome or	94
that, pursuant to division (C) of this section, an autopsy was not	95
performed but sudden infant death syndrome may have been the cause	96
of death, it shall offer the child's parent information about	97
sudden infant death syndrome. The state department of health shall	98
ensure that current information on sudden infant death syndrome is	99
available for distribution by health districts and departments.	100

Section 2. That existing section 313.121 of the Revised Code	101
is hereby repealed.	102