HB-4962, As Passed Senate, April 24, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 4962

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding part 58A.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 58A

INFANT DEATH DUE TO UNSAFE SLEEP EDUCATION AND PREVENTION

     Sec. 5881. (1) This part may be referred to as the "infant

safe sleep act".

     (2) For purposes of this part, the words and phrases defined

in sections 5883 to 5884 have the meanings ascribed to them in

those sections unless the context requires otherwise.

     (3) In addition, article 1 contains general definitions and

principles of construction applicable to all articles in this act.

House Bill No. 4962 (H-2) as amended February 18, 2014

     Sec. 5883. (1) "Health professional" means an individual

licensed, registered, certified, or otherwise authorized to engage

in a health profession under article 15.

     (2) "Hospital" means a hospital licensed under article 17 that

provides clinically related health services for obstetrical and

infant care and includes a hospital operated by this state, a local

governmental unit, or an agency. Hospital does not include an

office used primarily for private or group practice by health

professionals in which no reviewable, clinically related health

services are offered.

     (3) "Infant" means a child who is 12 months old or younger.

     (4) "Infant death due to unsafe sleep" means infant death by

suffocation, asphyxiation, or strangulation in a sleep environment.

     Sec. 5884. (1) "Parent" means a natural parent, stepparent,

adoptive parent, legal guardian, or legal custodian of an infant.

     (2) "Parent acknowledgment statement" means the statement of a

parent on a form described in section 5885(2).

     Sec. 5885. (1) A hospital shall provide to parents readily

understandable information and educational and instructional

materials regarding infant safe sleep practices. The materials

described in this subsection must explain the risk factors

associated with infant death due to unsafe sleep practices and

emphasize infant safe sleep practices.

     (2) A hospital shall prescribe the form of a parent

acknowledgment statement. The form must include a place for a

parent to sign, acknowledging that the parent has received[

] the educational and instructional

House Bill No. 4962 (H-2) as amended February 18, 2014

materials provided on the risk factors associated with infant death

due to unsafe sleep practices and infant safe sleep practices.

     (3) For a birth that occurs in a setting other than a

hospital, the health professional in charge at the birth of an

infant, or if none the health professional in charge of the care of

an infant, shall provide the materials described in subsection (1)

to a parent after the birth of an infant.

     (4) To comply with this section, a hospital or health

professional subject to this section may use educational and

instructional materials provided by the department under subsection

(5) or may use educational and instructional materials of its

choice that are consistent with the materials provided by the

department under subsection (5).

     (5) Upon the request of a hospital or health professional

subject to this section, the department shall provide, at no cost,

to the hospital or health professional, educational and

instructional materials described in section 5887(c).

     Sec. 5886. (1) After receipt of the materials under section

5885, a parent [may] sign the parent acknowledgment statement. The

hospital or health professional, as applicable, shall place the

signed parent acknowledgment statement in the infant's permanent

medical record. The hospital or health professional, as applicable,

shall provide a copy of the signed parent acknowledgment statement

to the parent who signed the statement.

     (2) A hospital or health professional that complies with this

part is not criminally or civilly liable for the action or inaction

of a parent with regard to infant safe sleep practices pursuant to

materials given to the parent under section 5885.

     Sec. 5887. The department and the department of human services

shall collaborate to do all of the following:

     (a) Work to improve community-based services available to

inform parents regarding the risk factors associated with infant

death due to unsafe sleep practices and infant safe sleep

practices.

     (b) Work with other state and local governmental agencies,

community organizations, health care and human service providers,

and national organizations to coordinate efforts and maximize state

and private resources in education regarding the risk factors

associated with infant death due to unsafe sleep practices and

infant safe sleep practices.

     (c) Provide educational and instructional materials that

explain the risk factors associated with infant death due to unsafe

sleep practices, that include methods to reduce the risk of infant

death due to unsafe sleep, and that emphasize infant safe sleep

practices.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.