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        PRIOR PRINTER'S NO. 2334                      PRINTER'S NO. 3000

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1752 Session of 2007


        INTRODUCED BY CURRY, KENNEY, BELFANTI, BOYD, BRENNAN,
           CALTAGIRONE, CAPPELLI, COHEN, DeLUCA, FRANKEL, FREEMAN,
           GOODMAN, HENNESSEY, HESS, JAMES, JOSEPHS, KORTZ, KOTIK, KULA,
           LEACH, LENTZ, MAHONEY, MANDERINO, McILHATTAN, MELIO, MUNDY,
           MURT, NAILOR, D. O'BRIEN, M. O'BRIEN, PHILLIPS, RAPP,
           READSHAW, SANTONI, McILVAINE SMITH, SOLOBAY, SONNEY, STERN,
           TANGRETTI, THOMAS, TRUE, J. WHITE, YOUNGBLOOD, SCHRODER,
           SIPTROTH, HARPER, M. SMITH, BENNINGHOFF AND GERGELY,
           JULY 14, 2007

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, DECEMBER 11, 2007

                                     AN ACT

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

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Short title.
     9     This act shall be known and may be cited as the Sudden Infant
    10  Death Syndrome Education and Prevention Program Act.
    11  Section 2.  Legislative findings.
    12     The General Assembly hereby finds and declares as follows:
    13         (1)  The sudden, unexpected death of a newborn is the
    14     third most common cause of death among newborns and is only
    15     exceeded in the first year of life by congenital


     1     malformations and prematurity.
     2         (2)  Most sudden infant deaths occur when a baby is
     3     between two and four months old, and 90% of all sudden infant
     4     deaths occur before six months of age.
     5         (3)  Most babies that die of sudden infant death syndrome
     6     (SIDS) or sudden unexpected death in infants (SUDI) appear to
     7     be healthy prior to death.
     8         (4)  Sixty percent of SIDS victims are male and 40% are
     9     female.
    10         (5)  While SIDS occurs in all socioeconomic, racial and
    11     ethnic groups, African-American and Native-American babies
    12     are two to three times more likely to die of SIDS than
    13     Caucasian babies.
    14         (6)  In 1994, the American Academy of Pediatrics, in
    15     conjunction with other major health organizations in the
    16     United States, launched the national "Back to Sleep"
    17     campaign, which endorsed and promoted the placement of
    18     infants on their backs both for sleeping and napping.
    19         (7)  The incidence of sudden infant death in the United
    20     States decreased by more than 50% since the inception of this
    21     campaign.
    22         (8)  In 2005, the American Academy of Pediatrics issued a
    23     new recommendation to further reduce the risk of SIDS that
    24     defined and promoted the use of a safe sleeping environment
    25     for infants.
    26         (9)  At this time there is no known way to prevent SIDS
    27     or SUDI, but the risk can be minimized. Parents should learn
    28     risk factors associated with SIDS and SUDI and share with
    29     others information on how to create a safe sleeping
    30     environment for an infant to reduce the risk of sudden and
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     1     unexpected death.
     2  Section 3.  Definitions.
     3     The following words and phrases when used in this act shall
     4  have the meanings given to them in this section unless the
     5  context clearly indicates otherwise:
     6     "Birth center."  A facility not part of a hospital which
     7  provides maternity care to childbearing families not requiring
     8  hospitalization. As used in this definition, the term "maternity
     9  care" includes prenatal, labor, delivery and postpartum care
    10  related to medically uncomplicated pregnancies.
    11     "Commitment statement."  A form which may be voluntarily
    12  signed by a parent, acknowledging that the parent has received,
    13  read and has an understanding of the educational and
    14  instructional materials provided on sudden infant death syndrome
    15  and sudden unexpected death in infants.
    16     "Department."  The Department of Health of the Commonwealth.
    17     "Hospital."  A for-profit or nonprofit hospital providing
    18  clinically related health services for obstetrical and newborn
    19  care, including those operated by the State, local government or
    20  an agency. The term shall not include an office used primarily
    21  for private or group practice by health care practitioners where
    22  no reviewable clinically related health services are offered.
    23     "Infant."  A child 30 days of age or older and younger than
    24  24 months of age.
    25     "Midwife."  An individual who is licensed as a midwife by the
    26  State Board of Medicine.
    27     "Newborn."  A child 29 days of age or younger.
    28     "Parent."  A natural parent, stepparent, adoptive parent,
    29  legal guardian or legal custodian of a child.
    30     "Program."  The Sudden Infant Death Syndrome Education and
    20070H1752B3000                  - 3 -     

     1  Prevention Program.
     2     "Sudden infant death syndrome" or "SIDS."  The sudden,
     3  unexpected death of an apparently healthy infant that remains
     4  unexplained after the performance of a complete postmortem
     5  investigation, including an autopsy, an examination of the scene
     6  of death and a review of the medical history.
     7     "Sudden unexpected death in infants" or "SUDI."  The sudden,
     8  unexpected death of an apparently healthy infant.
     9  Section 4.  Establishment of program.
    10     (a)  Establishment.--The department shall establish a Sudden
    11  Infant Death Syndrome Education and Prevention Program to
    12  promote awareness and education relating to SIDS and SUDI with
    13  the focus on the risk factors of SIDS and SUDI and safe sleeping
    14  practices for newborns and infants.
    15     (b)  Public awareness.--The department shall design and
    16  implement strategies for raising public awareness concerning
    17  SIDS and SUDI, including, but not limited to, the following:
    18         (1)  Risk factors for sudden infant death, including
    19     infant sleep position, exposure to smoke, overheating,
    20     inappropriate infant bedding and bed sharing.
    21         (2)  Suggestions for reducing the risk of SIDS and SUDI.
    22  Section 5.  Materials.
    23     (a)  Educational and instructional materials.--The program
    24  shall include the distribution of readily understandable
    25  information and educational and instructional materials
    26  regarding SIDS and SUDI. The materials shall explain the risk
    27  factors associated with SIDS and SUDI and emphasize safe
    28  sleeping practices. The materials shall be provided to parents
    29  prior to discharge from a hospital or birth center or by a
    30  midwife for births that take place in settings other than a
    20070H1752B3000                  - 4 -     

     1  hospital or birth center.
     2     (b)  Commitment statement.--The commitment statement may be
     3  signed by a parent prior to discharge from a hospital or birth
     4  center or after births performed by a midwife in settings other
     5  than a hospital or birth center. One copy of the commitment
     6  statement shall be given to a parent, and one copy shall remain
     7  on file in the hospital or birth center. Copies of commitment
     8  statements signed by parents in settings other than a hospital
     9  or birth center shall be kept on file by the department. The
    10  commitment statement shall be set forth in a form to be
    11  prescribed by the department.
    12     (c)  Distribution of materials.--The information and
    13  educational and instructional materials described in subsection
    14  (a) shall be provided without cost by each hospital, birth
    15  center or midwife to a parent of each newborn upon discharge
    16  from a hospital or birth center.
    17  Section 6.  Scope of act.
    18     The department shall do the following:
    19         (1)  Work to improve the capacity of community-based
    20     services available to parents regarding the risk factors
    21     involved with SIDS and SUDI and safe sleeping practices for
    22     newborns and infants.
    23         (2)  Work with other State and local governmental
    24     agencies, community and business leaders, community
    25     organizations, health care and human service providers and
    26     national organizations to coordinate efforts and maximize
    27     State and private resources in the areas of education about
    28     SIDS and SUDI, including the risk factors and safe sleeping
    29     practices.
    30         (3)  Identify and, when appropriate, replicate or use
    20070H1752B3000                  - 5 -     

     1     successful SIDS and SUDI programs and procure related
     2     materials and services from organizations with appropriate
     3     experience and knowledge of SIDS and SUDI.
     4  Section 7.  Regulations.
     5     The department may promulgate regulations necessary to
     6  implement the provisions of this act.
     7  Section 8.  Effective date.
     8     This act shall take effect in 90 days JULY 1, 2008.            <--















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