It is clear when passing any shaken baby syndrome legislation, it is
wise to
engage and get the support
of your state Department of Health, state Hospital
Administrator's
Association, and legislators who
are on state House/Senate
Health Policy and Finance committees.
Contact information for legislators
that have authored these bills is
listed below as well as a state contact,
who can be a used to gather further information so your state
legislator
can author similar bills. Most of the following legislation
is supported by a
study done
in Upstate New
York by Dr. Dias.
PASSED
LEGISLATION
Florida
Illinois
Massachusetts
Minnesota
Missouri
New York
Pennsylvania
Texas
Wisconsin
FLORIDA
Relating to Kimberlin West Act of 2002 (SB 1766)
(H 1467)
2002 Regular Session
Requires hospitals, birthing facilities, or home birth providers to give to new
parents informational brochures concerning dangers of shaking babies and young
children; requires Health Dept. to prepare brochures; prescribes contents of
brochures; provides applicability of failure to cooperate with law enforcement
re: investigation of or privileged communications re: child or adult abuse, etc.
Effective: April 24, 2002
Senate Author:
Sullivan (no longer in office)
Senate Co-sponsor: Cowin (no longer in office)
House Author: Representative Leslie Waters
Capitol Office: 418 The Capitol
402 South Monroe Street
Tallahassee, FL 32399-1300
Phone: (850) 488-6197 District Office:
5511 Park Street North, Suite 101
Colonial Bank Building
St. Petersburg, FL 33709-6399
Phone: (727) 545-6421
Bruce Cotton
Tanya Moore House Co-sponsor: Representative Larry Crow (no longer in office) State Contact: Janet Goree, j.goree@verizon.net
ILLINOIS
Illinois Legislative website:
http://www.ilga.gov/
PUBLIC ACT 094-0228
(SB 506)
94TH GENERAL
ASSEMBLY
Establishment of a Shaken Baby Prevention Program. The Director of
Public
Health shall establish a
statewide Shaken Baby Prevention Program to educate
parents and primary
caregivers about the
dangers of shaken baby and to provide
alternative techniques to venting
anger and frustration. The
program shall
allow for voluntary participation and use multimedia
education vehicles, such
as video
recording, to target the parents and primary caregivers of babies from
birth through 3 years of age.
Parents of newborns may choose to sign a
participation form and fill out
an evaluation form to record
their participation
in the the program after viewing the multimedia
educational materials.
Effective:
January 1, 2006
Senate Author:
Senator William R. Haine
Springfield Office:
Senator 56th District
M113 Capitol Building
Springfield, IL
62706
(217) 782-5247
District Office:
307 Henry Street
Suite 210
Alton, IL
62002
(618) 465-4764
(618) 465-4816 FAX
House Author:
Representative Jay C. Hoffman
Springfield Office:
263-S Stratton Office
Building
Springfield, IL
62706
(217) 782-8018
(217) 557-2763 FAX
District Office:
126 Vandalia
Suite 1
Collinsville, IL 62234
(618) 345-2176
(618) 345-3338 FAX
State Contacts:
Janet Simmons,
bjsimmons1121@sbcglobal.net
Wendy Pirkins,
wtpirkins@sbcglobal.net
MASSACHUSETTS
http://www.mass.gov/legis/
AN ACT TO PREVENT SHAKEN BABY SYNDROME
(House Bill 2701)
(Senate Bill 140)
184th GENERAL COURT (2005 Legislative Session)
The Department of Public Health shall collaborate with the Department of
Social
Services and other
state agencies serving families and children, the medical
community, law enforcement, human service providers, and child advocacy
organizations to develop and implement a comprehensive, statewide initiative
to reduce death and disability resulting from Shaken Baby
Syndrome. Said
initiative shall
include but not be limited to: instituting a patient-education
program on Shaken Baby Syndrome
prevention for all parents of newborns;
instituting education and
training programs on the
prevention and diagnosis of
Shaken Baby Syndrome for other
parents, caregivers, physicians and
professionals serving children and families; assisting in the development
of programs to support and
serve victims and families affected by Shaken Baby Syndrome; and
conducting surveillance and data collection on the incidence of Shaken
Baby Syndrome and traumatic brain injury in infants and young
children.
Senate
Author:
Senator Susan C. Tucker
State House
Room 424
Boston, MA
02133
Tel: (617) 722-1612
Fax: (617) 722-1058
Susan.Tucker@state.ma
Legislative Director: Julia
DelSobral,
Julia.Delsobral@state.ma.us
House Author:
Representative John W. Scibak
State House
District
Office
Room 254
State House
Boston, MA 02133
( 617)-722-2220
Rep.JohnScibak@Hou.State.MA.US
OR
P.O. Box 136
South Hadley, MA 01075
(413) 539-6566
FAX 413-539-5855
State Contact: Jetta Bernier,
jetta@masskids.org, Massachusetts
Citizens for
Children
AN ACT RELATIVE TO SHAKEN
BABY SYNDROME
(House Bill 3952)
(Senate Bill 1254)
Every parent or guardian of a newborn, at the time of discharge from a
hospital
or birth center,
shall receive educational materials, to be developed by the
Department of
Public Health, describing
the dangers of shaking infants and young
children, so-called “Shaken Baby
Syndrome”. The materials
shall include, but
not be limited to, information on the medical effects
of shaking infants and
young
children, appropriate ways to manage the causes of shaking infants and
young children, prevention
measures and how to reduce the risks of shaking
infants and young
children, and the availability of community based programs
and other
resources to prevent “Shaken Baby Syndrome.”
184th
GENERAL COURT (2005 Legislative Session)
Senate
Author: Senator
Thomas M. McGee
State House
Room 112
Boston, MA
02133
Telephone: (617) 722-1350
Thomas.McGee@state.ma.us
House Author:
Rep. Peter J. Koutoujian
State House
Room 130
Boston, MA
02133
(617)-722-2130
FAX:
( 617)-722-2002
Rep.PeterKoutoujian@hou.state.ma.us
State
Contact: Jetta
Bernier,
jetta@masskids.org, Massachusetts
Citizens for
Children
MINNESOTA
Minnesota Legislative
website:
http://www.leg.state.mn.us/
(SF 538)
(HF
829)
84th
Legislative Session (2005 – 2006) REGULAR SESSION
Providing for education of parents, primary caregivers, and child care providers
on the dangers associated with shaking infants and young children. Mandatory
distribution of information to new parents at hospitals and training for child care
providers. Effective: July 1, 2005 Senate Author: Senator Dean Johnson
75 Rev. Dr. Martin Luther King Jr. Blvd., Room 208
St. Paul, MN 55155-1606
651.296.3826
sen.dean.johnson@senate.mn House Author: Representative Joyce Peppin
411 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, Minnesota 55155
(651) 296-7806
rep.joyce.peppin@house.mn
State
Contact:
Matt Johnson,
johnsonm@crimeandjustice.org
MISSOURI
Missouri
Legislature website:
http://www.moga.state.mo.us/
HB 1453
Relating to foster care and
protection of children, with penalty provisions and
an emergency
clause for certain sections.
92nd General Assembly, 2nd Regular Session
191.748 stipulates that
every hospital and any health care facility licensed in
this state that
provides obstetrical services shall offer to all new
mothers an
opportunity to view with
the father and other persons of
the mother's choosing, a video on the
dangers of shaking a
baby and shaken baby syndrome before the mother's discharge from
the
facility.
Such video shall be approved by the Department of
Health and Senior
Services.
Effective:
January 1, 2005
House
Sponsor: Representative
Catherine L Hanaway
201 West Capitol Avenue
Room 308
Jefferson City MO 65101
573-751-8510
FAX 573-522-1972
Catherine.Hanaway@house.mo.gov
State Contact:
Bill Herberle,
Bill.Heberle@oa.mo.gov
NEW YORK
New York Legislative website:
http://assembly.state.ny.us/
Public Health Law 2803-j
Every hospital and birth center shall request that each maternity patient and
father of a newborn child, if available, view a video presentation, approved
by the commissioner, on the dangers of shaking infants and young children,
and the symptoms of shaken baby syndrome. After viewing such a video
presentation or upon refusal to view such a video presentation, the hospital or
birth center shall request that such patient and/or father sign a form stating
that they have viewed or refused to view such video presentation. Social Services Law 390-A
Standards and training for child day care. Requires Office of Children and Family
Services to provide training, which includes education and information on the
identification, diagnosis, and prevention of shaken baby syndrome.
State Contact: George Lithco, gwl@jacobowitz.com
PENNSYLVANIA
Pennsylvania
Legislative website:
http://www.legis.state.pa.us/
ACT 176 (HB 2196)
2001-2002 REGULAR SESSION 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. Requires hospitals to provide parents with educational materials on SBS free of
charge, present parents with a voluntary commitment statement, and charged
the state Department of Health to develop a program to focus on awareness,
education, and prevention of shaken baby syndrome as well as prescribe a
format for the commitment statement.
Effective:
March 3, 2002
House Author: Representative Bob Allen
11 Westwood Center
Pottsville, PA
17901
(570) 622-6629
Fax: (570) 622-0728
OR
Room 115
Ryan Office Building
Harrisburg, PA 17120-2020
(717) 783-5293
Fax: (717) 705-1850
State Contact: Jen DeBell, jdebell@state.pa.us, Office of Legislative Affairs Pennsylvania Department of Public Welfare
TEXAS
Texas Legislative website:
http://www.capitol.state.tx.us/
SECTION 1.
SUBCHAPTER C, CHAPTER 42.0421, HUMAN RESOURCES CODE
(S.B. No. 558)
76th REGULAR SESSION 1999
SBS education
required for licensed and registered daycare facilities.
Education
for:
-
Recognizing and preventing shaken baby syndrome
- Preventing
sudden infant death syndrome
-
understanding early childhood brain development
Effective: January 1, 2000
Senate
Author: Senator Eddie
Lucio Jr.
District 27
Capitol Office: CAP 1E.5
Capitol Address: P.O. Box 12068
Austin, Texas
78711
Capitol Phone: (512) 463-0127
District Address: 7 North
Park Plaza
Brownsville, TX
78521
District Phone: (956) 548-0227
State
Contact: Kathy Dittman,
D.V.M.,
KAODDVM@cs.com
SECTION
1. SUBCHAPTER T, CHAPTER 161, HEALTH AND SAFETY CODE, CHAPTER 1011
(S.B. No. 316) (H.B. 842)
79TH REGULAR SESSION
2003
Parenting and
Post-Partum Counseling Information for Parents of Newborn Children.
--A Hospital, birthing center, physician, nurse midwife, or midwife who
provides prenatal care to
a pregnant woman during gestation or at delivery of an infant must provide
the woman and father
of the infant, if possible, or another adult caregiver for the infant with
a resource pamphlet that
includes:
1. A
List of names, addresses, and phone numbers of professional organizations
that provide
postpartum depression and other emotional trauma associated with pregnancy
and parenting.
2.
Information regarding the prevention of shaken baby syndrome including
techniques for
coping with anger caused by a crying baby, different methods for
preventing a person from shaking a newborn, infant, or other child, and
the symptoms of shaken baby syndrome and who to contact, as recommended by
the American Academy of Pediatrics,if a parent suspects or knows that a
baby has
been shaken in order to receive prompt medical treatment,
3. A
list of diseases for which a child is required by state to be immunized
and the appropriate
schedule for the administration of those immunizations,
and the
appropriate schedule for follow-up procedures for newborn screening,
4.
Document in the woman’s (patient) record that the woman received the
information.
Effective:
September 1, 2005
Senate Author: Senator Eddie Lucio, Jr.
District 27
Capitol Office: CAP 1E.5
Capitol Address: P.O. Box 12068
Austin, Texas
78711
Capitol Phone: (512) 463-0127
District Address: 7 North
Park Plaza
Brownsville, TX
78521
District Phone: (956) 548-0227
House Author: Representative Jim Solis
District 38
Capitol Office: CAP GN.8
Capitol Address: P.O. Box 2910
Austin, Texas 78711
Capitol Phone: (512) 463-0606
District Address: 1418 E.
Tyler, Suite 6
Harlingen, TX
78550
District Phone: (956) 421-4120
State
Contact: Kathy Dittman,
D.V.M.,
KAODDVM@cs.com
SECTION
1. SUBCHAPTER C, CHAPTER 40, HUMAN RESOURCES CODE SECTIONS 40.0523,
40.0524
(SB 55) (HB 1173)
77TH
REGULAR SESSION 2001
Establishes an
Infant Mortality Prevention Program, which includes training on shaken
baby
syndrome and other forms of infant mortality
Effective:
September 1, 2001
Senate Author: Senator
Judith Zaffirini
District 21
Capitol Office: CAP 1E.12
Capitol Address: P.O. Box 12068
Austin, Texas
78711
Capitol Phone: (512) 463-0121
District Address: P.O. Box
627
Laredo, TX 78042
District Phone: (956) 722-2293
Senate Co-Author:
Senator Eddie Lucio, Jr.
District 27
Capitol Office: CAP 1E.5
Capitol Address: P.O. Box 12068
Austin, Texas
78711
Capitol Phone: (512) 463-0127
District Address: 7 North
Park Plaza
Brownsville, TX
78521
District Phone: (956) 548-0227
House Author: Richard Raymond
District 42
Capitol Office: EXT E2.902
Capitol Address: P.O. Box 2910
Austin, Texas 78711
Capitol Phone: (512) 463-0558
District Address: 1110
Houston St., Third Floor
Laredo, TX
78040
District Phone: (956) 753-7722
State Contact: Jennifer
Sims,
Jennifer.sims@dfps.state.tx.us
SB221.
A Summary of the bill is as follows:
PREVENT VIOLENCE
AGAINST CHILDREN ACT
(1)
All new parents would
receive information and watch a videotape on the dangers of SBS and
its prevention before leaving the hospital or birthing center. Along
with that information
hospital staff would provide new parents with a form explaining how to get
help taking
care of their baby and who to call in their area if they or their child's
caregiver has a
stress emergency. This portion of SB221 is modeled after a New
York law that took effect in November 2004. The law requires that
all hospitals and birthing centers in
New York state ask moms and dads to view a video about the dangers of
Shaken Baby Syndrome, as well as receive educational material about how
parents can keep their
infants safe from SBS (shaken baby syndrome). The
New York law
is the result of a successful
pilot project in
Upstate New York requiring that area
hospitals give new parents information
on SBS. According to a study published in the April 2005 Pediatrics
Magazine, this program reduced the number of shaking cases in Buffalo, NY
area by 47%
(2) To get at those
students who are babysitting or who may become parents in the future, school districts would be required to teach or contract with a nonprofit
organization to
teach SBS/Shaken Impact prevention in one of grades 5-8 and also in grade
11. Because we
are concerned about keeping costs to a minimum, schools would be able to
decide who teaches SBS/Shaken Impact prevention whether it be the school
nurse, the American
Red Cross, or Shaken Bay Association volunteers. In addition, DPI
could have a curriculum
available for download off their website. The legislation allows
school districts to pick
which grades they want the instruction to be taught in, and allows them
the flexibility
of deciding which class the curriculum will be taught in. This
provision will take effect in
school year 2007-2008.
(3) Licensed child care providers
would also receive information and training regarding the dangers of
shaking or throwing children. Require DHFS to promulgate rules
requiring that
all licensees, employees, and volunteers of a licensee who provides care
and supervision for
children receive before the date on which the license is issued, training
relating to Shaken Baby Syndrome/Shaken Impact. Child care providers are
currently licensed will have to
receive training from DHFS during symposiums held across the state, or
through distance
learning classes (this will be decided through administrative rule). The
legislature requires
that DHFS work with the Child Abuse and Neglect Board in establishing
Administrative
rules relating to this provision.
(4)
W-2 recipients and Indian
tribes that are “at risk” of child abuse and neglect under the Prevention
of Child Abuse and Neglect (POCAN) program home visitation pilot would
receive
information relating to SBS/Shaken Impact prevention during home visits
from DHFS staff.
(5)
Require that a new line be
placed within the Wisconsin Statewide Automated Child Welfare Information
System (WISACWIS) to rack the number of SBS victims and monitor how the
efforts of this bill reduce the incidence of SBS/Shaken Impact in our
state. To protect the
privacy of victims, this information would not contain names.
Senate Author:
Julie Lassa
Room 109 South
State Capitol
P.O. Box 7882
Madison, WI
53707-7882
(608) 266-3123
State Contact: Wendi Schreiter,
gschreiter@sbcglobal.net
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