130th Ohio General Assembly
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Sub. S. B. No. 276  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. 276


Senators Jones, Tavares 

Cosponsor: Senator Brown 



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 procedure, 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 staff of 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) Each (C) An entity and or person required to distribute educational materials pursuant to division (A)(B) of this section is immune from any not liable for damages in a civil and criminal liability action for injury, death, or loss to person or property resulting that allegedly arises from an act or omission associated with the dissemination of, or failure to disseminate, those educational materials unless the act or omission constitutes willful or wanton misconduct.
An entity or person required to distribute educational materials in accordance with division (B) of this section is not subject to criminal prosecution or, to the extent that a person is regulated under Title XLVII of the Revised Code, professional disciplinary action under that title, for an act or omission associated with the dissemination of those educational materials.
This division does not eliminate, limit, or reduce any other immunity or defense that an entity or person may be entitled to under Chapter 2744. of the Revised Code, or any other provision of the Revised Code, or the common law of this state.
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.
An entity or person required to distribute the educational materials is not liable for damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with the dissemination of those educational materials unless the act or omission constitutes willful or wanton misconduct.
An entity or person required to distribute the educational materials is not subject to criminal prosecution or, to the extent that a person is regulated under Title XLVII of the Revised Code, professional disciplinary action under that title, for an act or omission associated with the dissemination of those educational materials.
This division does not eliminate, limit, or reduce any other immunity or defense that an entity or person may be entitled to under Chapter 2744. of the Revised Code, or any other provision of the Revised Code, or the common law of this state.
(E) 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 (F) of this section.
(F) The director of health shall adopt a model internal infant safe sleep policy for use by entities and persons that must comply with division (E) 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) As used in this section:
(1) "Contractor" means a person who provides personal services pursuant to a contract.
(2) "Critical access hospital" means a facility designated as a critical access hospital by the director of health under section 3701.073 of the Revised Code.
(3) "Other person responsible for the infant" includes a foster caregiver.
(B) 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 to the infant's residence following birth. The procedure shall consist of questions that facility staff or volunteers must ask the infant's parent, guardian, or other person responsible for the infant regarding the infant's intended sleeping place and environment.
The director of health shall develop questions that facilities may use when implementing the infant safe sleep screening procedure required by this division. The director may consult with persons and government entities that have expertise in infant safe sleep practices when developing the questions.
(C)(1) If, prior to an infant's discharge from a facility to the infant's residence following birth, a facility other than a critical access hospital or a facility identified under division (D) of this section determines through the procedure implemented under division (B) 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, except as provided in division (C)(2) of this section, discharge the infant until it arranges for the parent, guardian, or other person responsible for the infant to obtain one of those items at no charge to that individual. In meeting this requirement, the facility may do either of the following:
(a) 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;
(b) Refer the parent, guardian, or other person responsible for the infant to a site, designated by the department of health's bureau of healthy Ohio for purposes of the cribs for kids component of the violence and injury prevention program the bureau administers, at which a safe crib, portable play yard, or other suitable sleeping place may be obtained at no charge.
(2) A facility is not prohibited from discharging an infant to the infant's residence if funds for the cribs for kids component of the violence and injury prevention program have been exhausted. In that circumstance, the facility shall make a good faith effort to obtain a safe crib, portable play yard, or other suitable place for the infant's parent, guardian, or the other person responsible for the infant by using the facility's own resources or by collaborating with or obtaining assistance from a person or government entity described in division (C)(1)(a) of this section.
(D) The director of health shall identify the facilities in this state that are not critical access hospitals and that are not served by a site described in division (C)(1)(b) of this section. The director shall identify not less than annually the facilities that meet both criteria and notify those that do so.
(E) When a hospital registers with the department of health under section 3701.07 of the Revised Code or a freestanding birthing center renews its license in accordance with rules adopted under section 3702.30 of the Revised Code, the facility shall report the following information to the department in a manner it prescribes:
(1) The number of safe cribs, portable play yards, or other suitable places to sleep that the facility obtained and distributed by using its own resources, and for purposes of complying with this section, since the last time the facility reported this information to the department;
(2) The number of safe cribs, portable play yards, or other suitable places to sleep that the facility obtained and distributed by collaborating with or obtaining assistance from another person or government entity, and for purposes of complying with this section, since the last time the facility reported this information to the department;
(3) The number of referrals to a site, designated by the department's bureau of healthy Ohio as described in division (C)(1)(b) of this section, that the facility made since the last time the facility reported this information to the department;
(4) Demographic information specified by the director of health regarding the individuals to whom safe cribs, portable play yards, or other suitable sleeping places were distributed as described in division (E)(1) or (2) of this section or for whom a referral described in division (E)(3) of this section was made;
(5) In the case of a critical access hospital or a facility identified under division (D) of this section, demographic information specified by the director of health regarding each parent, guardian, or other person responsible for the infant determined to be unlikely to have a safe crib, portable play yard, or other suitable sleeping place at the infant's residence pursuant to the procedure implemented under division (B) of this section;
(6) Any other information collected by the facility regarding infant sleep environments and intended infant sleep environments that the director determines to be appropriate.
(F) Not later than July 1 of each year beginning in 2015, the director shall prepare a written report that summarizes the information collected under division (E) of this section for the preceding twelve months and provides any other information the director considers appropriate for inclusion in the report. On completion, the report shall be submitted to the governor and, in accordance with section 101.68 of the Revised Code, the general assembly.
(G) A facility, and any employee, contractor, or volunteer of a facility, that implements an infant safe sleep procedure in accordance with division (B) of this section is not liable for damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with implementation of the procedure, unless the act or omission constitutes willful or wanton misconduct.
A facility, and any employee, contractor, or volunteer of a facility, that implements an infant safe sleep screening procedure in accordance with division (B) of this section is not subject to criminal prosecution or, to the extent that a person is regulated under Title XLVII of the Revised Code, professional disciplinary action under that title, for an act or omission associated with implementation of the procedure.
This division does not eliminate, limit, or reduce any other immunity or defense that a facility, or an employee, contractor, or volunteer of a facility, may be entitled to under Chapter 2744. of the Revised Code, or any other provision of the Revised Code, or the common law of this state.
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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