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PRINTER'S NO. 854
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
783
Session of
2019
INTRODUCED BY MARSHALL, MURT, BERNSTINE, QUINN, ZIMMERMAN,
MILLARD, McNEILL, READSHAW, FREEMAN, WARNER, MARKOSEK AND
SCHLEGEL CULVER, MARCH 11, 2019
REFERRED TO COMMITTEE ON HEALTH, MARCH 11, 2019
AN ACT
Establishing the Infant CPR and Choking Education and Prevention
Program; and providing for educational and instructional
materials, for duties of department, for criminal or civil
liability and for regulations.
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 Infant CPR
and Choking Education Act.
Section 2. Declaration of purpose.
The General Assembly finds and declares as follows:
(1) Choking deaths are the fourth most common cause of
accidental death in infants under one year of age.
(2) An average of 140 children choke to death each year.
(3) An average of more than 10,000 emergency room visits
for children under 14 years of age occur each year due to
choking.
(4) Seventy-five percent of choking episodes occur in
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children under three years of age.
(5) According to the United States Department of Health
and Human Services Centers for Disease Control and
Prevention, choking is the leading cause of all injury deaths
for infants under one year of age.
(6) Seventy percent of infant cardiac arrests occur at
home.
(7) An average of only 6.2% of infants under one year of
age who experience an out-of-hospital cardiac arrest survive
to make it to the hospital.
(8) According to the American Heart Association, parents
are among the most important people who need to learn how to
provide choking relief and CPR to their children.
(9) The purpose of this act is to educate the parents of
infants on infant choking, infant Heimlich maneuver
procedures and infant CPR measures, including the
availability of educational and prevention sessions.
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:
"CPR." Cardiopulmonary resuscitation.
"Department." The Department of Health of the Commonwealth.
"Health care facility." As defined in section 802.1 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Health care practitioner." An individual who is authorized
to practice some component of the healing arts by a license,
permit or certificate of registration issued by a Commonwealth
licensing agency or board.
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"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 Infant CPR and Choking Education and
Prevention Program.
Section 4. Establishment of program.
(a) Establishment.--The department shall establish an Infant
CPR and Choking Education and Prevention Program to promote
awareness and education regarding infant choking hazards, infant
Heimlich maneuver procedures and infant CPR measures.
(b) Public awareness.--The department shall design and
implement strategies for raising public awareness of the program
and infant choking hazards, including, but not limited to,
infant choking risk factors and prevention measures.
Section 5. Educational and instructional materials.
(a) Materials.--The following apply:
(1) The department shall distribute readily
understandable educational and instructional materials
regarding infant choking hazards, infant Heimlich maneuver
procedures and infant CPR measures to a health care facility
that participates in the program. The materials shall explain
the risk factors associated with infant choking and emphasize
safe environments for infants.
(2) A health care facility which participates in the
program shall provide the materials under paragraph (1) to
each parent of a newborn upon discharge from the health care
facility at no cost.
(b) Acknowledgment statement.--The following apply:
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(1) A health care facility which participates in the
program shall provide an acknowledgment statement to a parent
of a newborn child who received educational and instructional
materials under subsection (a) upon discharge from the health
care facility. Upon receipt, the parent shall sign the
acknowledgment statement certifying that the parent has
received educational and instructional materials under
subsection (a).
(2) The health care facility shall provide one copy of
the signed acknowledgment statement under paragraph (1) to
the parent and place one copy on file in the health care
facility.
(3) The acknowledgment statement under paragraph (1)
shall be set forth in a form to be prescribed by the
department.
(c) Presentation.--The following apply:
(1) The department shall provide a presentation on the
importance of parents learning how to perform the infant
Heimlich maneuver and infant CPR procedures for a health care
facility which participates in the program.
(2) A health care facility which participates in the
program shall make the presentation under paragraph (1)
available to each parent of a newborn expected and delivered
in the health care facility.
(d) Locations.--A health care facility which participates in
the program shall provide information regarding locations where
educational sessions on infant Heimlich maneuver procedures and
infant CPR measures are provided within close proximity to the
health care facility.
Section 6. Duties of department.
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For the purpose of implementing the program, the department
shall have the following duties:
(1) Preparing a list of community-based services
available to parents regarding infant choking risk factors
and creating safe environments for infants.
(2) Preparing a list of approved presentations under
section 5(c)(1) to be offered at health care facilities.
(3) Coordinating with other State and local governmental
agencies, community and business leaders, community
organizations, health care providers and national
organizations to maximize the resources available for the
program.
(4) Identifying and using successful infant choking
prevention strategies, infant Heimlich maneuver procedures
and infant CPR measures from organizations with appropriate
experience and knowledge of the subject.
Section 7. Criminal or civil liability.
Nothing in this act shall be construed to hold a health care
facility or health care practitioner criminally or civilly
liable for the action or inaction of a parent during a choking
episode of a newborn or infant.
Section 8. Regulations.
The department may promulgate regulations necessary to
implement the provisions of this act.
Section 9. Effective date.
This act shall take effect in 60 days.
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