Florida Senate - 2013 CS for SB 56
By the Committee on Children, Families, and Elder Affairs; and
Senator Hays
586-02279-13 201356c1
1 A bill to be entitled
2 An act relating to infant death; amending s. 383.311,
3 F.S.; revising the education and orientation
4 requirements for birth centers and their families to
5 incorporate safe sleep practices and causes of Sudden
6 Unexpected Infant Death; amending s. 383.318, F.S.;
7 revising the postpartum care for birth center clients
8 and infants to incorporate instruction on safe sleep
9 practices and causes of Sudden Unexpected Infant
10 Death; amending s. 383.3362, F.S.; revising
11 legislative findings and intent with respect to the
12 sudden unexpected death of an infant under a specified
13 age; defining the term “Sudden Unexpected Infant
14 Death”; revising provisions relating to training
15 requirements for first responders; revising
16 requirements relating to autopsies performed by
17 medical examiners; requiring the Medical Examiners
18 Commission to provide for the development and
19 implementation of a protocol for the medicolegal
20 investigation of Sudden Unexpected Infant Death;
21 creating s. 395.1053, F.S.; requiring a hospital that
22 provides birthing services to incorporate information
23 on safe sleep practices and the possible causes of
24 Sudden Unexpected Infant Death into the hospital’s
25 postpartum instruction on the care of newborns;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (f) of subsection (2) of section
31 383.311, Florida Statutes, is amended to read:
32 383.311 Education and orientation for birth center clients
33 and their families.—
34 (2) The clients shall be prepared for childbirth and
35 childbearing by education in:
36 (f) The care of the newborn to include safe sleep practices
37 and the possible causes of Sudden Unexpected Infant Death.
38 Section 2. Paragraph (e) of subsection (3) of section
39 383.318, Florida Statutes, is amended to read:
40 383.318 Postpartum care for birth center clients and
41 infants.—
42 (3) Postpartum evaluation and followup care shall be
43 provided, which shall include:
44 (e) Instruction in child care, including immunization, and
45 breastfeeding, safe sleep practices, and possible causes of
46 Sudden Unexpected Infant Death.
47 Section 3. Section 383.3362, Florida Statutes, is amended
48 to read:
49 383.3362 Sudden Unexpected Infant Death Syndrome.—
50 (1) FINDINGS AND INTENT.—The Legislature recognizes that
51 more than 4,500 infants in the United States die suddenly and
52 unexpectedly of no immediate or obvious cause. According to
53 statistics from the Department of Health, more than 200 infants
54 in this state experienced Sudden Unexpected Infant Death in 2010
55 sudden Infant death Syndrome, or SIDS, is a leading cause of
56 death among children under the age of 1 year, both nationally
57 and in this state. The Legislature further recognizes that first
58 responders to emergency calls relating to such a death need
59 access to special training to better enable them to recognize
60 that such deaths may result from natural and accidental causes
61 or may be caused distinguish SIDS from death caused by criminal
62 acts and to appropriately interact with the deceased infant’s
63 parents or caretakers. At the same time, the Legislature,
64 recognizing that the primary focus of first responders is to
65 carry out their assigned duties, intends to increase the
66 awareness of the possible causes of Sudden Unexpected Infant
67 Death SIDS by first responders, but in no way expand or take
68 away from their duties. Further, the Legislature recognizes the
69 importance of a multidisciplinary investigation and standardized
70 investigative protocols in cases of Sudden Unexpected Infant
71 Death standard protocol for review of SIDS deaths by medical
72 examiners and the importance of appropriate followup in cases of
73 certified or suspected SIDS deaths. Finally, the Legislature
74 finds that it is desirable to analyze existing data, and to
75 conduct further research on, the possible causes of Sudden
76 Unexpected Infant Death SIDS and on how to reduce its incidence
77 lower the number of sudden infant deaths.
78 (2) DEFINITION.—As used in this section, the term “Sudden
79 Unexpected Infant Death Syndrome,” or “SUID,” “SIDS,” means the
80 sudden unexpected death of an infant under 1 year of age while
81 in apparent good health whose death may have been a result of
82 natural or unnatural causes which remains unexplained after a
83 complete autopsy, death-scene investigation, and review of the
84 case history. The term includes only those deaths for which,
85 currently, there is no known cause or cure.
86 (3) TRAINING.—
87 (a) The Legislature finds that an emergency medical
88 technician, a paramedic, a firefighter, or a law enforcement
89 officer is likely to be the first responder to a request for
90 assistance which is made immediately after the sudden unexpected
91 death of an infant. The Legislature further finds that these
92 first responders should be trained in appropriate responses to
93 sudden infant death.
94 (b) After January 1, 1995, The basic training programs
95 required for certification as an emergency medical technician, a
96 paramedic, a firefighter, or a law enforcement officer as
97 defined in s. 943.10, other than a correctional officer or a
98 correctional probation officer, must include curriculum that
99 contains instruction on SUID Sudden Infant Death Syndrome.
100 (c) The Department of Health, in consultation with the
101 Emergency Medical Services Advisory Council, the Firefighters
102 Employment, Standards, and Training Council, the child
103 protection teams established in the Division of Children’s
104 Medical Services, and the Criminal Justice Standards and
105 Training Commission, shall develop and adopt, by rule,
106 curriculum that is as part of the Centers for Disease Control
107 SUID Initiative which must that, at a minimum, includes training
108 in the nature of SIDS, standard procedures to be followed by law
109 enforcement agencies in investigating cases involving sudden
110 deaths of infants, and training in responding appropriately to
111 the parents or caretakers who have requested assistance.
112 (4) AUTOPSIES.—
113 (a) The death of any infant younger than 1 year of age who
114 dies suddenly and unexpectedly while in apparent good health
115 falls under the jurisdiction of the medical examiner as provided
116 in s. 406.11 The medical examiner must perform an autopsy upon
117 any infant under the age of 1 year who is suspected to have died
118 of Sudden Infant Death Syndrome. The autopsy must be performed
119 within 72 24 hours after the death, or as soon thereafter as is
120 feasible. When the medical examiner’s findings are consistent
121 with the definition of sudden infant death syndrome in
122 subsection (2), the medical examiner must state on the death
123 certificate that sudden infant death syndrome was the cause of
124 death.
125 (b) The Medical Examiners Commission shall provide for the
126 development and implementation of develop and implement a
127 protocol for the medicolegal investigation of SUID dealing with
128 suspected sudden infant death syndrome. The protocol must be
129 followed by all medical examiners when conducting the autopsies
130 required under this subsection. The protocol may include
131 requirements and standards for scene investigations,
132 requirements for specific data, criteria for any specific tissue
133 sampling, and any other requirements that are deemed
134 ascertaining cause of death based on the autopsy, criteria for
135 any specific tissue sampling, and any other requirements that
136 the commission considers necessary.
137 (c) A medical examiner is not liable for damages in a civil
138 action for any act or omission done in compliance with this
139 subsection.
140 (d) An autopsy must be performed under the authority of a
141 medical examiner under s. 406.11.
142 (5) DEPARTMENT DUTIES RELATING TO SUDDEN UNEXPECTED INFANT
143 DEATH (SUID) SYNDROME (SIDS).—The Department of Health, in
144 consultation with the child protection teams established in the
145 Division of Children’s Medical Services, shall:
146 (a) Collaborate with other agencies in the development and
147 presentation of the SUID Sudden Infant Death Syndrome (SIDS)
148 training programs for first responders, including those for
149 emergency medical technicians and paramedics, firefighters, and
150 law enforcement officers.
151 (b) Maintain a database of statistics on reported SUID SIDS
152 deaths, and analyze the data as funds allow.
153 (c) Serve as liaison and closely coordinate activities with
154 the Florida SIDS Alliance, including the services related to the
155 SIDS hotline.
156 (d) Maintain a library reference list and materials about
157 SUID SIDS for public dissemination.
158 (e) Provide professional support to field staff.
159 (f) Coordinate the activities of and promote a link between
160 the fetal and infant mortality review committees of the local
161 healthy start coalitions, the Florida local SIDS Alliance, and
162 other related support groups.
163 Section 4. Section 395.1053, Florida Statutes, is created
164 to read:
165 395.1053 Postpartum education.—A hospital that provides
166 birthing services shall incorporate information on safe sleep
167 practices and the possible causes of Sudden Unexpected Infant
168 Death into the hospital’s postpartum instruction on the care of
169 newborns.
170 Section 5. This act shall take effect July 1, 2013.