PRINTER'S NO. 2178
No. 1735 Session of 2001
INTRODUCED BY DIVEN, MARKOSEK, MANN, WILT, BELFANTI, BROWNE,
CALTAGIRONE, COSTA, CREIGHTON, CURRY, DALEY, FRANKEL,
FREEMAN, GEORGE, GRUCELA, HARHAI, HENNESSEY, JAMES, JOSEPHS,
KELLER, LAUGHLIN, LEDERER, LEVDANSKY, MELIO, PALLONE,
PETRARCA, PISTELLA, READSHAW, ROBINSON, SAMUELSON, SCHRODER,
SOLOBAY, STABACK, STEELMAN, TANGRETTI, TRELLO, TRICH, WALKO,
WANSACZ, WASHINGTON, YOUNGBLOOD AND HORSEY, JUNE 12, 2001
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 12, 2001
AN ACT
1 Amending the act of June 22, 2000 (P.L.339, No.39), entitled "An
2 act regulating the use of certain infant cribs; providing a
3 cause of action; and imposing a penalty," defining "Sudden
4 Infant Death Syndrome"; further providing for violations of
5 Unfair Trade Practices and Consumer Protection Law; requiring
6 certain nurses and professional hospital staff to educate
7 parents of infants about Sudden Infant Death Syndrome;
8 providing for certain civil immunity; and further providing
9 for duty of the Department of Health.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title of the act of June 22, 2000 (P.L.339,
13 No.39), known as the Infant Crib Safety Act, is amended to read:
14 AN ACT
15 Regulating the use of certain infant cribs; providing a cause of
16 action; requiring certain nurses and professional hospital
17 staff to educate parents of infants about Sudden Infant Death
18 Syndrome; providing for certain civil immunity; and imposing
19 a penalty.
1 Section 2. Section 1 of the act is amended to read:
2 Section 1. Short title.
3 This act shall be known and may be cited as the Infant Crib
4 Safety and SIDS Education Act.
5 Section 3. Section 2 of the act is amended by adding a
6 definition to read:
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 * * *
12 "Sudden Infant Death Syndrome" or "SIDS." The sudden and
13 unexpected death of an apparently healthy infant whose death
14 remains unexplained after the performance of an adequate
15 postmortem investigation.
16 Section 4. Section 7 of the act is amended to read:
17 Section 7. Violation of Unfair Trade Practices and Consumer
18 Protection Law.
19 A violation of [this act] section 3 shall be deemed to be a
20 violation of the act of December 17, 1968 (P.L.1224, No.387),
21 known as the Unfair Trade Practices and Consumer Protection Law.
22 Section 5. The act is amended by adding sections to read:
23 Section 7.1. Sudden Infant Death Syndrome education.
24 (a) Duty of registered nurses.--Each registered nurse in
25 this Commonwealth who provides maternal care to an infant shall
26 satisfy the following requirements for the parents or guardians
27 of the infant:
28 (1) Provide informational pamphlets, agency telephone
29 numbers and World Wide Web sites from the Federal and State
30 Government relating to SIDS.
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1 (2) Explain and demonstrate the proper placement of
2 infants when sleeping in order to reduce the risk that the
3 infants will experience SIDS.
4 (3) Have the parents or legal guardians of the infants
5 demonstrate the proper placement to the nurse.
6 (4) Consult with a licensed physician about the proper
7 placement of infants who have conditions which prevent the
8 infants from sleeping on their backs.
9 (5) Inform the parents or legal guardians of the infants
10 that the infants may be placed on their abdomens when awake
11 or supervised.
12 (6) Discuss the factors, including, but not limited to,
13 a smoke-free environment, firm mattress and keeping the
14 infant warm, that reduce the risk of SIDS.
15 (7) Provide answers to questions about SIDS.
16 (8) Document the performance of the requirements of this
17 section.
18 (b) Other professional hospital staff.--Each hospital that
19 provides medical services to infants may designate other
20 professional staff, in addition to nurses, to comply with the
21 requirements of subsection (a).
22 Section 7.2. Civil immunity.
23 A nurse or other professional hospital staff that performs
24 the requirements of section 7.1 in good faith shall be entitled
25 to immunity from civil liability if an infant for whom the nurse
26 or other professional hospital staff performed such requirements
27 experiences SIDS.
28 Section 6. Section 8 of the act is amended to read:
29 Section 8. Duty of the Department of Health.
30 The Department of Health [shall be authorized to] may
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1 collaborate with any public agency or private sector entity to
2 prepare public education materials or programs designed to
3 inform [parents,]:
4 (1) Parents, child-care providers, commercial users and
5 any other person or entity which is likely to place unsafe
6 cribs in the stream of commerce of the dangers posed by
7 secondhand, hand-me-down or heirloom cribs which do not
8 conform to modern safety standards or which have any of the
9 dangerous features or characteristics set forth in section
10 3(d).
11 (2) Parents and child-care providers about SIDS and the
12 proper placement of infants when sleeping to reduce the risk
13 of SIDS.
14 Section 7. This act shall take effect in 60 days.
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