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.
   28  Be It Enacted by the Legislature of the State of Florida:
   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.
  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         395.1053Postpartum 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.