Pennsylvania Act 2002-176 — SHAKEN BABY SYNDROME EDUCATION ACT

Act text

SHAKEN BABY SYNDROME EDUCATION ACT
                 Act of Dec. 9, 2002, P.L. 1406, No. 176              Cl. 35
                                  AN ACT

     Providing for education for parents on what constitutes shaken
        baby syndrome and the physical impairments that can result
        from shaken baby syndrome; and establishing the Shaken Baby
        Syndrome Education and Prevention Program.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Shaken Baby
     Syndrome Education Act.
     Section 2.  Legislative findings.
        The General Assembly hereby finds as follows:
            (1)  Shaken baby syndrome occurs frequently when a
        frustrated caregiver loses control because of an inconsolable
        crying baby.
            (2)  A baby's head is large and heavy in proportion to
        the baby's body. There is space between the brain and skull
        to allow for growth and development. The baby's neck muscles
        are not yet developed.
            (3)  When an infant or young toddler, usually under two
        years of age, is shaken, the brain rebounds against the
        skull, causing bruising of the brain, swelling, pressure and
        bleeding (intracerebral hemorrhage). This can easily lead to
        permanent, severe brain damage or death. Shaking an infant or
        small child may also cause injuries to the neck and spine.
        Retinal hemorrhages may result in loss of vision.
            (4)  More than 1,000,000 children are severely abused
        annually, and shaken baby syndrome is a leading cause of
        morbidity and mortality in infants.
            (5)  In the United States, the annual incidence rate of
        shaken baby syndrome is between 750 and 3,750.
            (6)  One-third of the victims of shaken baby syndrome
        survive with few or no consequences, one-third of the victims
        suffer permanent injury and one-third of the victims die.
            (7)  Approximately 20% of cases are fatal in the first
        few days after injury. Survivors may suffer handicaps ranging
        from mild, including learning disorders, mental retardation,
        seizure disorders, developmental delays and behavioral
        changes, to moderate and severe, including profound mental
        and developmental retardation, paralysis, blindness,
        inability to eat or permanent vegetative state.
            (8)  Parental behaviors, environmental factors and child
        characteristics all may contribute to a shaking event.
            (9)  Merely telling caregivers not to shake their babies
        does not go far enough. A plan of action or other
        recommendations to help caregivers deal with a potentially
        volatile situation must be offered.
            (10)  Parents and other caregivers need assurance that
        allowing a baby to cry is acceptable if all of the child's
        needs have been met. The caregiver should address his or her
        stress level and attempt to engage in stress management
        techniques.
            (11)  Shaken baby syndrome is preventable. Parents should
        share the message of the dangers of shaking with all who care
        for their infant or child, including spouses, their own
        parents, siblings, day-care providers and others. Parents
        need to inform those who are caring for their child that it
        is appropriate to call for help when they feel out of
        control.
     Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Birth center."  A facility not part of a hospital which
     provides maternity care to childbearing families not requiring
     hospitalization. A birth center provides a homelike atmosphere
     for maternity care, including prenatal, labor, delivery and
     postpartum care related to medically uncomplicated pregnancies.
        "Commitment statement."  A form which may be voluntarily
     signed by the parent or parents acknowledging that the parent or
     parents have received, read and have an understanding of the
     educational and instructional materials provided on shaken baby
     syndrome.
        "Department."  The Department of Health of the Commonwealth.
        "Hospital."  Any hospital providing clinically related health
     services for obstetrical and newborn care or birth center, both
     profit and nonprofit and including those operated by the State
     or local government or an agency. The term shall not include an
     office used primarily for private or group practice by health
     care practitioners where no reviewable clinically related health
     services are offered.
        "Infant."  A child 30 days of age up to 24 months of age.
        "Newborn."  A child up to and including 29 days of age.
        "Parent."  A natural parent, stepparent, adoptive parent,
     legal guardian or legal custodian of a child.
        "Program."  The Shaken Baby Syndrome Education and Prevention
     Program.
        "Secretary."  The Secretary of Health of the Commonwealth.
        "Shaken baby syndrome."  The vigorous shaking of an infant or
     a young child that may result in bleeding inside the head and
     may cause one or more of the following conditions:
            (1)  Irreversible brain damage.
            (2)  Blindness, retinal hemorrhage or eye damage.
            (3)  Cerebral palsy.
            (4)  Hearing loss.
            (5)  Spinal cord injury, including paralysis.
            (6)  Seizures.
            (7)  Learning disabilities.
            (8)  Death.
            (9)  Central nervous system injury as evidenced by
        central nervous system hemorrhaging.
            (10)  Closed head injury.
            (11)  Rib fracture.
            (12)  Subdural hematoma.
     Section 4.  Establishment of Shaken Baby Syndrome Education and
                    Prevention Program.
        (a)  Establishment.--The department shall establish a program
     to focus on awareness, education and prevention of shaken baby
     syndrome.
        (b)  Public awareness.--The department shall design and
     implement strategies for raising public awareness concerning the
     causes and nature of shaken baby syndrome, including, but not
     limited to, the following:
            (1)  Factors placing parents, guardians and other
        caregivers at risk for shaking an infant.
            (2)  The risks associated with shaking an infant.
            (3)  Suggestions for preventing shaken baby syndrome.
     Section 5.  Materials.
        (a)  Educational and instructional materials.--The program
     established under this act shall include the distribution of
     readily understandable information and educational and
     instructional materials regarding shaken baby syndrome,
     explaining its medical effects on infants and children and
     emphasizing preventive measures. The educational and
     instructional materials and the commitment statement shall be
     provided to the parent or parents separate and apart from any
     other educational and instructional materials that are provided
     to the parent or parents prior to discharge from the hospital or
     birth center.
        (b)  Commitment statement.--The commitment statement may be
     signed by the parent or parents prior to discharge from the
     hospital or birth center. The form of the commitment statement
     shall be in duplicate. One copy shall be given to the parent and
     one copy shall remain on file in the hospital or birth center.
     The commitment statement shall be set forth in a form to be
     prescribed by the secretary.
        (c)  Distribution of materials.--The information and
     educational and instructional materials described in subsection
     (a) shall be provided without cost by each hospital or birth
     center licensed in this Commonwealth to a parent or guardian of
     every newborn upon discharge from the hospital or birth center.
     Section 6.  Scope of act.
        The department shall do the following:
            (1)  Work to improve the capacity of community-based
        services available to victims of shaken baby syndrome.
            (2)  Work with other State and local governmental
        agencies, community and business leaders, community
        organizations, health care and human service providers and
        national organizations to coordinate efforts and maximize
        State and private resources in the areas of prevention of and
        education about shaken baby syndrome.
            (3)  Identify and, when appropriate, replicate or use
        successful shaken baby syndrome programs and procure related
        materials and services from organizations with appropriate
        experience and knowledge of shaken baby syndrome.
     Section 7.  Regulations.
        The secretary may promulgate regulations necessary to
     implement the provisions of this act.
     Section 8.  Effective date.
        This act shall take effect in 90 days.