SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CURRY, BELFANTI, BEYER, BISHOP, BOYD, BRENNAN, CALTAGIRONE, CHRISTIANA, COHEN, CONKLIN, DeLUCA, DONATUCCI, FLECK, FRANKEL, GEORGE, GOODMAN, HENNESSEY, HESS, KOTIK, KULA, MANDERINO, McILVAINE SMITH, MELIO, M. O'BRIEN, O'NEILL, PRESTON, RAPP, READSHAW, REICHLEY, ROCK, SCAVELLO, SIPTROTH, SOLOBAY, SONNEY, STERN, TRUE, VULAKOVICH, WATSON, WHEATLEY, WALKO, BEAR, WANSACZ, PETRARCA, HARPER, PHILLIPS, K. SMITH, GINGRICH, MYERS, MURT, EACHUS, FREEMAN AND SHAPIRO, JANUARY 26, 2009

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, MAY 24, 2010   

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

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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, 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.

"Midwife."  An individual who is licensed as a midwife by the

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State Board of Medicine.

"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

midwife health care practitioner for births that take place in

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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 midwife health

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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 or midwife 

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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 midwife health care practitioner to a parent of each

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newborn upon discharge from a hospital or birth center or after

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births that take place in settings other than a hospital or

birth center.

(d)  Liability.--A hospital, birthing center or health care

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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 July 1, 2009 in 60 days.

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