130th Ohio General Assembly
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S. B. No. 276  As Introduced
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 sections 3701.66 and 3701.67 of the Revised Code to require the Department of Health to establish the Safe Sleep Education Program, hospitals and freestanding birthing centers to implement an infant safe sleep screening policy, and certain persons and entities to adopt an internal infant safe sleep policy.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 3701.63 and 3701.64 be amended and sections 3701.66 and 3701.67 of the Revised Code be enacted to read as follows:
Sec. 3701.63. (A) As used in this section and section sections 3701.64, 3701.66, and 3701.67 of the Revised Code:
(1) "Child day-care center," "type A family day-care home," and "licensed type B family day-care home" have the same meanings as in section 5104.01 of the Revised Code.
(2) "Child care facility" means a child day-care center, a type A family day-care home, or a licensed type B family day-care home.
(3) "Foster caregiver" has the same meaning as in section 5103.02 of the Revised Code.
(4) "Freestanding birthing center" has the same meaning as in section 3702.141 of the Revised Code.
(4)(5) "Hospital" means a hospital classified pursuant to rules adopted under section 3701.07 of the Revised Code as a general hospital or children's hospital.
(5)(6) "Maternity unit" means any unit or place in the distinct portion of a hospital where women are regularly received and provided care during all or part of the maternity cycle, except that "maternity unit" does not include an emergency department or similar place dedicated to providing emergency health care licensed as a maternity unit under Chapter 3711. of the Revised Code.
(6)(7) "Parent" means either parent, unless the parents are separated or divorced or their marriage has been dissolved or annulled, in which case "parent" means the parent who is the residential parent and legal custodian of the child. "Parent" also means a prospective adoptive parent with whom a child is placed.
(7)(8) "Shaken baby syndrome" means signs and symptoms, including, but not limited to, retinal hemorrhages in one or both eyes, subdural hematoma, or brain swelling, resulting from the violent shaking or the shaking and impacting of the head of an infant or small child.
(B) The director of health shall establish the shaken baby syndrome education program by doing all of the following:
(1) By not later than one year after February 29, 2008, developing Developing educational materials that present readily comprehendible information on shaken baby syndrome;
(2) Making available on the department of health web site in an easily accessible format the educational materials developed under division (B)(1) of this section;
(3) Beginning in 2009, annually Annually assessing the effectiveness of the shaken baby syndrome education program by evaluating the reports received pursuant to section 5101.135 of the Revised Code.
(C) In meeting the requirements under division (B) of this section, the director shall not develop educational materials that will impose an, to the extent possible, minimize administrative or financial burden burdens on any of the entities or persons listed in section 3701.64 of the Revised Code.
Sec. 3701.64.  (A) As used in this section and sections 3701.66 and 3701.67 of the Revised Code, "infant" means a child who is less than one year of age.
(B) A copy of the shaken baby syndrome educational materials developed under section 3701.63 of the Revised Code shall be distributed in the following manner:
(1) By child birth educators and the staff of pediatric physicians' offices and obstetricians obstetricians' offices, to an expectant parent who uses their services;
(2) By the staff of pediatric physicians' offices, to an infant's parent, guardian, or other person responsible for the infant, including a foster caregiver, who uses their services;
(3) By the hospital or freestanding birthing center in which a child an infant is born, to the child's infant's parent, guardian, or other person responsible for the infant, including a foster caregiver, before the child is discharged from the facility;
(3)(4) By the staff of the "help me grow" program established pursuant to section 3701.61 of the Revised Code, to the child's an infant's parent, guardian, or other person responsible for the infant, including a foster caregiver, during home-visiting services conducted in accordance with that section;
(4)(5) By each child care facility operating in this state, to each of its employees;
(6) By a public children services agency, when the agency has initial contact with an infant's parent, guardian, or other person responsible for the infant, including a foster caregiver.
(B)(C) Each entity and person required to distribute educational materials pursuant to division (A)(B) of this section is immune from any civil and criminal liability for injury, death, or loss to person or property resulting from the dissemination of, or failure to disseminate, those educational materials.
Sec. 3701.66.  (A) As used in this section, "sudden unexpected infant death" means the death of an infant that occurs suddenly and unexpectedly, the cause of which is not immediately obvious prior to investigation.
(B) The department of health shall establish the safe sleep education program by doing all of the following:
(1) By not later than sixty days after the effective date of this section, developing educational materials that present readily comprehendible information on safe sleeping practices for infants and possible causes of sudden unexpected infant death;
(2) Making available on the department's internet web site in an easily accessible format the educational materials developed under division (B)(1) of this section;
(3) Beginning in 2015, annually assessing the effectiveness of the safe sleep education program by evaluating the reports submitted by child fatality review boards to the department pursuant to section 307.626 of the Revised Code.
(C) In meeting the requirements under division (B) of this section, the department shall develop educational materials that, to the extent possible, minimize administrative or financial burdens on any of the entities or persons required by division (D) of this section to distribute the materials.
(D) A copy of the safe sleep educational materials developed under this section shall be distributed by entities and persons with and in the same manner as the shaken baby syndrome educational materials are distributed pursuant to section 3701.64 of the Revised Code.
Each entity or person required to distribute the educational materials is immune from any civil and criminal liability for injury, death, or loss to person or property resulting from the dissemination of, or failure to disseminate, those educational materials.
Each entity or person that is required to distribute the educational materials and has infants regularly sleeping at a facility or location under the entity's or person's control shall adopt an internal infant safe sleep policy. The policy shall specify when and to whom educational materials on infant safe sleep practices are to be delivered to individuals working or volunteering at the facility or location and be consistent with the model internal safe sleep policy adopted under division (E) of this section.
(E) The director of health shall adopt a model internal infant safe sleep policy for use by entities and persons that must comply with division (D) of this section. The policy shall specify safe infant sleep practices, include images depicting safe infant sleep practices, and specify sample content for an infant safe sleep education program that entities and persons may use when conducting new staff orientation programs.
Sec. 3701.67. (A) Each hospital and freestanding birthing center shall implement an infant safe sleep screening procedure. The purpose of the procedure is to determine whether there will be a safe crib, portable play yard, or other suitable sleeping place for each infant born at the hospital or freestanding birthing center to sleep in once the infant is discharged from the facility following birth. The procedure shall consist of questions that the facility's staff must ask the infant's parent, guardian, or other person having custody and control of the infant regarding the infant's intended sleeping place and environment. In meeting this requirement, the facility may use questions developed under division (C) of this section.
(B) If a facility determines through the procedure implemented under division (A) of this section that the infant is unlikely to have a safe crib, portable play yard, or other suitable sleeping place at the infant's residence, the facility shall not discharge the infant until it arranges for the parent, guardian, or other person having custody and control of the infant to leave the facility with one of those items at no charge to that individual. In meeting this requirement, the facility may collaborate with or obtain assistance from persons or government entities that are able to procure safe cribs, portable play yards, or other suitable sleeping places or provide money to purchase those items.
(C) The director of health shall develop questions that facilities may use when implementing the infant safe sleep screening procedure required by division (A) of this section. The director may consult with persons and government entities that have expertise in infant safe sleep practices when developing the questions.
Section 2.  That existing sections 3701.63 and 3701.64 of the Revised Code are hereby repealed.
Section 3.  Section 3701.63 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.
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