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Sub. S. B. No. 276 As Reported by the Senate Medicaid, Health and Human Services CommitteeAs Reported by the Senate Medicaid, Health and Human Services Committee
130th General Assembly | Regular Session | 2013-2014 |
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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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