September 10, 2013, Introduced by Rep. Haines and referred to the Committee on Health Policy.
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
SUDDEN UNEXPECTED INFANT DEATH EDUCATION AND PREVENTION
Sec. 5881. (1) This part may be referred to as the "sleep safe
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.
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
newborn 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 30 days old or older and who
is younger than 24 months old.
(4) "Newborn" means a child who is younger than 30 days old.
Sec. 5884. (1) "Parent" means a natural parent, stepparent,
adoptive parent, legal guardian, or legal custodian of a newborn or
infant.
(2) "Parent acknowledgment statement" means the statement of a
parent on a form prescribed by the department under section
5885(4).
(3) "Program" means the safe sleep education program
established under this part.
(4) "Safe sleep video" means the safe sleep video described in
section 5885(3).
(5) "Sudden infant death syndrome" or "SIDS" means a sudden
unexpected infant death that remains unexplained after the
performance of a complete postmortem investigation that includes an
autopsy, an examination of the scene of the death, and a review of
the infant's medical record.
(6) "Sudden unexpected infant death" or "SUID" means the
sudden unexpected death of an apparently healthy infant.
Sec. 5885. (1) The department shall establish a safe sleep
education program to promote awareness and education relating to
SIDS and SUIDs with the focus on the risk factors of SIDS and
SUIDs and safe sleeping practices for newborns and infants.
(2) The department shall design and implement strategies
for raising public awareness concerning SUIDs, including, but
not limited to, all of the following:
(a) Risk factors for SUID, including, but not limited to,
infant sleep position, exposure to smoke, overheating,
inappropriate infant bedding, and bed sharing.
(b) Suggestions for reducing the risk of SUIDs.
(3) The department shall include as part of the program the
distribution of readily understandable information and educational
and instructional materials regarding SUIDs and safe sleeping
practices. The materials distributed under this subsection must
explain the risk factors associated with SUIDs and emphasize safe
sleeping practices. The department and the department of human
services shall create and maintain a safe sleep video that includes
information on safe sleeping practices for inclusion in the
program.
(4) The department 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 viewed the safe
sleep video and has received, has read, and has an understanding of
the educational and instructional materials provided on SUID and
safe sleeping practices.
Sec. 5886. (1) For a birth that occurs in a hospital, the
hospital shall provide the materials described in section 5885(3)
without cost to a parent after the birth of the newborn and before
discharge from the hospital. For a birth that occurs in a setting
other than a hospital, the health professional in charge of the
care of a newborn, or if none the health professional in charge at
the birth of a newborn, shall provide the materials described in
section 5885(3) without cost to a parent as soon as possible after
the birth of a newborn.
(2) After receipt of the materials under subsection (1),
including the viewing of the safe sleep video, a parent shall sign
the parent acknowledgment statement. The hospital or health
professional, as applicable, shall place the signed parent
acknowledgment statement in the newborn'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.
(3) A hospital or health professional that complies with this
section is not criminally or civilly liable for the action or
inaction of a parent with regard to safe sleeping practices for a
newborn or infant pursuant to materials given to the parent under
this section. This subsection does not apply if the hospital or
health professional engages in behavior that involves gross
negligence or willful or wanton misconduct.
Sec. 5887. The department shall do all of the following:
(a) Work to improve the capacity of community-based services
available to parents regarding the risk factors involved with SUID
and safe sleeping practices for newborns and infants.
(b) Work with other state and local governmental agencies,
community and business leaders, community organizations, health
care and human service providers, and national organizations to
coordinate efforts and maximize state and private resources in the
areas of education about SUIDs, including the risk factors and safe
sleeping practices.
(c) Identify and, when appropriate, replicate or use
successful SUID programs and procure related materials and services
from organizations with appropriate experience and knowledge of
SUID.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.