Pennsylvania Act 2010-73 — SUDDEN INFANT DEATH SYNDROME EDUCATION AND PREVENTION PROGRAM ACT - ENACTMENT

Act text

SUDDEN INFANT DEATH SYNDROME EDUCATION AND PREVENTION PROGRAM ACT -
                                ENACTMENT
                  Act of Oct. 19, 2010, P.L. 513, No. 73              Cl. 23
                                  AN ACT

     Providing for education for parents relating to sudden infant
        death syndrome and sudden unexpected death of infants;
        establishing the Sudden Infant Death Syndrome Education and
        Prevention Program; and providing for duties of the
        Department of Health.

        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 Sudden Infant
     Death Syndrome Education and Prevention Program Act.
     Section 2.  Legislative findings.
        The General Assembly hereby finds and declares as follows:
            (1)  The sudden, unexpected death of a newborn is the
        third most common cause of death among newborns and is only
        exceeded in the first year of life by congenital
        malformations and prematurity.
            (2)  Most sudden infant deaths occur when a baby is
        between two and four months old, and 90% of all sudden infant
        deaths occur before six months of age.
            (3)  Most babies that die of sudden infant death syndrome
        (SIDS) or sudden unexpected death in infants (SUDI) appear to
        be healthy prior to death.
            (4)  Sixty percent of SIDS victims are male and 40% are
        female.
            (5)  While SIDS occurs in all socioeconomic, racial and
        ethnic groups, African-American and Native-American babies
        are two to three times more likely to die of SIDS than
        Caucasian babies.
            (6)  In 1994, the American Academy of Pediatrics, in
        conjunction with other major health organizations in the
        United States, launched the national "Back to Sleep"
        campaign, which endorsed and promoted the placement of
        infants on their backs both for sleeping and napping.
            (7)  The incidence of sudden infant death in the United
        States decreased by more than 50% since the inception of this
        campaign.
            (8)  In 2005, the American Academy of Pediatrics issued a
        new recommendation to further reduce the risk of SIDS that
        defined and promoted the use of a safe sleeping environment
        for infants.
            (9)  At this time there is no known way to prevent SIDS
        or SUDI, but the risk can be minimized. Parents should learn
        risk factors associated with SIDS and SUDI and share with
        others information on how to create a safe sleeping
        environment for an infant to reduce the risk of sudden and
        unexpected death.
     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:
        "Acknowledgment statement."  A form signed by a parent,
     acknowledging that the parent has received, read and has an
     understanding of the educational and instructional materials
     provided on sudden infant death syndrome and sudden unexpected
     death in infants.
        "Birth center."  A facility not part of a hospital which
     provides maternity care to childbearing families not requiring
     hospitalization. As used in this definition, the term "maternity
     care" includes prenatal, labor, delivery and postpartum care
     related to medically uncomplicated pregnancies.
        "Department."  The Department of Health of the Commonwealth.
        "Health care practitioner."  An individual who is authorized
     to practice some component of the healing arts by a license,
     permit, certificate or registration issued by a Commonwealth
     licensing agency or board.
        "Hospital."  A for-profit or nonprofit hospital providing
     clinically related health services for obstetrical and newborn
     care, including those operated by the State, a 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 or older and younger than
     24 months of age.
        "Newborn."  A child 29 days of age or younger.
        "Parent."  A natural parent, stepparent, adoptive parent,
     legal guardian or legal custodian of a child.
        "Program."  The Sudden Infant Death Syndrome Education and
     Prevention Program.
        "Sudden infant death syndrome" or "SIDS."  The sudden,
     unexpected death of an apparently healthy infant that remains
     unexplained after the performance of a complete postmortem
     investigation, including an autopsy, an examination of the scene
     of death and a review of the medical history.
        "Sudden unexpected death in infants" or "SUDI."  The sudden,
     unexpected death of an apparently healthy infant.
     Section 4.  Establishment of program.
        (a)  Establishment.--The department shall establish a Sudden
     Infant Death Syndrome Education and Prevention Program to
     promote awareness and education relating to SIDS and SUDI with
     the focus on the risk factors of SIDS and SUDI and safe sleeping
     practices for newborns and infants.
        (b)  Public awareness.--The department shall design and
     implement strategies for raising public awareness concerning
     SIDS and SUDI, including, but not limited to, the following:
            (1)  Risk factors for sudden infant death, including
        infant sleep position, exposure to smoke, overheating,
        inappropriate infant bedding and bed sharing.
            (2)  Suggestions for reducing the risk of SIDS and SUDI.
     Section 5.  Materials.
        (a)  Educational and instructional materials.--The program
     shall include the distribution of readily understandable
     information and educational and instructional materials
     regarding SIDS and SUDI. The materials shall explain the risk
     factors associated with SIDS and SUDI and emphasize safe
     sleeping practices. The materials shall be provided to parents
     prior to discharge from a hospital or birth center or by a
     health care practitioner for births that take place in settings
     other than a hospital or birth center.
        (b)  Acknowledgment statement.--The acknowledgment statement
     shall be signed by a parent prior to discharge from a hospital
     or birth center or after births performed by a health care
     practitioner in settings other than a hospital or birth center.
     One copy of the acknowledgment statement shall be given to a
     parent, and one copy shall remain on file in the hospital or
     birth center. Copies of acknowledgment statements signed by
     parents in settings other than a hospital or birth center shall
     be kept on file by the health care practitioner performing the
     birth. The acknowledgment statement shall be set forth in a form
     to be prescribed by the department.
        (c)  Distribution of materials.--The information and
     educational and instructional materials described in subsection
     (a) shall be provided without cost by each hospital, birth
     center or health care practitioner to a parent of each newborn
     upon discharge from a hospital or birth center or after births
     that take place in settings other than a hospital or birth
     center.
        (d)  Liability.--A hospital, birthing center or health care
     practitioner shall not be civilly or criminally liable for the
     action or inaction of a parent with regard to a newborn's or
     infant's sleeping position pursuant to materials given to the
     parent relating to SIDS or SUDI.
     Section 6.  Scope of act.
        The department shall do the following:
            (1)  Work to improve the capacity of community-based
        services available to parents regarding the risk factors
        involved with SIDS and SUDI and safe sleeping practices for
        newborns and infants.
            (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 education about
        SIDS and SUDI, including the risk factors and safe sleeping
        practices.
            (3)  Identify and, when appropriate, replicate or use
        successful SIDS and SUDI programs and procure related
        materials and services from organizations with appropriate
        experience and knowledge of SIDS and SUDI.
     Section 7.  Regulations.
        The department may promulgate regulations necessary to
     implement the provisions of this act.
     Section 20.  Effective date.
        This act shall take effect in 60 days.