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S. B. No. 198 As Enrolled
(130th General Assembly)
(Senate Bill Number 198)
AN ACT
To amend section 313.121 and to enact section 5.2290
of the Revised Code to designate October as
"Sudden Infant Death Syndrome Awareness Month" and
to encourage 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 whenever a child one year of age or
younger dies suddenly when in apparent good
health.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 313.121 be amended and section
5.2290 of the Revised Code be enacted to read as follows:
Sec. 5.2290. The month of October is designated as "Sudden
Infant Death Syndrome Awareness Month."
Sec. 313.121. (A) As used in this section, "parent" means
either parent, except that if one parent has been designated the
residential parent and legal custodian of the child, "parent"
means the designated residential parent and legal custodian, and
if a person other than a parent is the child's legal guardian,
"parent" means the legal guardian.
(B) If a child under two years of age dies suddenly when in
apparent good health, the death shall be reported immediately to
the coroner of the county in which the death occurred, as required
by section 313.12 of the Revised Code. Except as provided in
division (C) of this section, the coroner or deputy coroner shall
perform an autopsy on the child. The autopsy shall be performed in
accordance with rules adopted by the director of health under
section 313.122 of the Revised Code. The coroner or deputy coroner
may perform research procedures and tests when performing the
autopsy.
If the child was one year of age or younger at the time of
death, the general assembly encourages the coroner, deputy
coroner, or any other individual who has been designated to
investigate the child's death to complete a sudden unexplained
infant death investigation reporting form (SUIDI reporting form)
developed by the United States centers for disease control and
prevention. If completed, a copy of the form shall be sent to the
director of health and used for the purpose of collecting data to
prevent future unexplained infant deaths.
(C) A coroner or deputy coroner is not required to perform an
autopsy if the coroner of the county in which the death occurred
or a court with jurisdiction over the deceased body determines
under section 313.131 of the Revised Code that an autopsy is
contrary to the religious beliefs of the child. If the coroner or
the court makes such a determination, the coroner shall notify the
health district or department of health with jurisdiction in the
area in which the child's parent resides. For purposes of this
division, the religious beliefs of the parents of a child shall be
considered to be the religious beliefs of the child.
(D) If the child's parent makes a written or verbal request
for the preliminary results of the autopsy after the results are
available, the coroner, or a person designated by the coroner,
shall give the parent an oral statement of the preliminary
results.
The coroner, within a reasonable time after the final results
of the autopsy are reported, shall send written notice of the
results to the state department of health, the health district or
department with jurisdiction in the area in which the child's
parent resides, and, upon the request of a parent of the child, to
the child's attending physician. Upon the written request of a
parent of the child and the payment of the transcript fee required
by section 313.10 of the Revised Code, the coroner shall send
written notice of the final results to that parent. The notice
sent to the state department of health shall include all of the
information specified in rules adopted under section 313.122 of
the Revised Code.
(E) On the occurrence of any of the following, the health
district or department with jurisdiction in the area in which the
child's parent resides shall offer the parent any counseling or
other supportive services it has available:
(1) When it learns through any source that an autopsy is
being performed on a child under two years of age who died
suddenly when in apparent good health;
(2) When it receives notice that the final result of an
autopsy performed pursuant to this section concluded that the
child died of sudden infant death syndrome;
(3) When it is notified by the coroner that, pursuant to
division (C) of this section, an autopsy was not performed.
(F) When a health district or department receives notice that
the final result of an autopsy performed pursuant to this section
concluded that the child died of sudden infant death syndrome or
that, pursuant to division (C) of this section, an autopsy was not
performed but sudden infant death syndrome may have been the cause
of death, it shall offer the child's parent information about
sudden infant death syndrome. The state department of health shall
ensure that current information on sudden infant death syndrome is
available for distribution by health districts and departments.
SECTION 2. That existing section 323.121 of the Revised Code
is hereby repealed.
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