Shaken Baby Syndrome Prevention Education Legislation

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Policy Advocacy: The 10  Minute Version

 















 

 

 

 

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

Legislative Assistant:
Bruce Cotton

District Secretary:
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 AuthorRepresentative 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:

  1. Recognizing and preventing shaken baby syndrome
  2. Preventing sudden infant death syndrome
  3. 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

 

WISCONSIN
Wisconsin Legislative website: http://www.legis.state.wi.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

Legislative asst.: Jessica Kelly, Jessica.Kelly@legis.state.wi.us

State Contact:  Wendi Schreiter, gschreiter@sbcglobal.net