act-2002-0-176•Pennsylvania Act 2002-176 — SHAKEN BABY SYNDROME EDUCATION ACT
Pennsylvania Act 2002-176 — SHAKEN BABY SYNDROME EDUCATION ACT
act-2002-0-1762002 Pa. Act 176Law
Act text
SHAKEN BABY SYNDROME EDUCATION ACT
Act of Dec. 9, 2002, P.L. 1406, No. 176 Cl. 35
AN ACT
Providing for education for parents on what constitutes shaken
baby syndrome and the physical impairments that can result
from shaken baby syndrome; and establishing the Shaken Baby
Syndrome Education and Prevention Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Shaken Baby
Syndrome Education Act.
Section 2. Legislative findings.
The General Assembly hereby finds as follows:
(1) Shaken baby syndrome occurs frequently when a
frustrated caregiver loses control because of an inconsolable
crying baby.
(2) A baby's head is large and heavy in proportion to
the baby's body. There is space between the brain and skull
to allow for growth and development. The baby's neck muscles
are not yet developed.
(3) When an infant or young toddler, usually under two
years of age, is shaken, the brain rebounds against the
skull, causing bruising of the brain, swelling, pressure and
bleeding (intracerebral hemorrhage). This can easily lead to
permanent, severe brain damage or death. Shaking an infant or
small child may also cause injuries to the neck and spine.
Retinal hemorrhages may result in loss of vision.
(4) More than 1,000,000 children are severely abused
annually, and shaken baby syndrome is a leading cause of
morbidity and mortality in infants.
(5) In the United States, the annual incidence rate of
shaken baby syndrome is between 750 and 3,750.
(6) One-third of the victims of shaken baby syndrome
survive with few or no consequences, one-third of the victims
suffer permanent injury and one-third of the victims die.
(7) Approximately 20% of cases are fatal in the first
few days after injury. Survivors may suffer handicaps ranging
from mild, including learning disorders, mental retardation,
seizure disorders, developmental delays and behavioral
changes, to moderate and severe, including profound mental
and developmental retardation, paralysis, blindness,
inability to eat or permanent vegetative state.
(8) Parental behaviors, environmental factors and child
characteristics all may contribute to a shaking event.
(9) Merely telling caregivers not to shake their babies
does not go far enough. A plan of action or other
recommendations to help caregivers deal with a potentially
volatile situation must be offered.
(10) Parents and other caregivers need assurance that
allowing a baby to cry is acceptable if all of the child's
needs have been met. The caregiver should address his or her
stress level and attempt to engage in stress management
techniques.
(11) Shaken baby syndrome is preventable. Parents should
share the message of the dangers of shaking with all who care
for their infant or child, including spouses, their own
parents, siblings, day-care providers and others. Parents
need to inform those who are caring for their child that it
is appropriate to call for help when they feel out of
control.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Birth center." A facility not part of a hospital which
provides maternity care to childbearing families not requiring
hospitalization. A birth center provides a homelike atmosphere
for maternity care, including prenatal, labor, delivery and
postpartum care related to medically uncomplicated pregnancies.
"Commitment statement." A form which may be voluntarily
signed by the parent or parents acknowledging that the parent or
parents have received, read and have an understanding of the
educational and instructional materials provided on shaken baby
syndrome.
"Department." The Department of Health of the Commonwealth.
"Hospital." Any hospital providing clinically related health
services for obstetrical and newborn care or birth center, both
profit and nonprofit and including those operated by the State
or local government or an agency. The term shall not include an
office used primarily for private or group practice by health
care practitioners where no reviewable clinically related health
services are offered.
"Infant." A child 30 days of age up to 24 months of age.
"Newborn." A child up to and including 29 days of age.
"Parent." A natural parent, stepparent, adoptive parent,
legal guardian or legal custodian of a child.
"Program." The Shaken Baby Syndrome Education and Prevention
Program.
"Secretary." The Secretary of Health of the Commonwealth.
"Shaken baby syndrome." The vigorous shaking of an infant or
a young child that may result in bleeding inside the head and
may cause one or more of the following conditions:
(1) Irreversible brain damage.
(2) Blindness, retinal hemorrhage or eye damage.
(3) Cerebral palsy.
(4) Hearing loss.
(5) Spinal cord injury, including paralysis.
(6) Seizures.
(7) Learning disabilities.
(8) Death.
(9) Central nervous system injury as evidenced by
central nervous system hemorrhaging.
(10) Closed head injury.
(11) Rib fracture.
(12) Subdural hematoma.
Section 4. Establishment of Shaken Baby Syndrome Education and
Prevention Program.
(a) Establishment.--The department shall establish a program
to focus on awareness, education and prevention of shaken baby
syndrome.
(b) Public awareness.--The department shall design and
implement strategies for raising public awareness concerning the
causes and nature of shaken baby syndrome, including, but not
limited to, the following:
(1) Factors placing parents, guardians and other
caregivers at risk for shaking an infant.
(2) The risks associated with shaking an infant.
(3) Suggestions for preventing shaken baby syndrome.
Section 5. Materials.
(a) Educational and instructional materials.--The program
established under this act shall include the distribution of
readily understandable information and educational and
instructional materials regarding shaken baby syndrome,
explaining its medical effects on infants and children and
emphasizing preventive measures. The educational and
instructional materials and the commitment statement shall be
provided to the parent or parents separate and apart from any
other educational and instructional materials that are provided
to the parent or parents prior to discharge from the hospital or
birth center.
(b) Commitment statement.--The commitment statement may be
signed by the parent or parents prior to discharge from the
hospital or birth center. The form of the commitment statement
shall be in duplicate. One copy shall be given to the parent and
one copy shall remain on file in the hospital or birth center.
The commitment statement shall be set forth in a form to be
prescribed by the secretary.
(c) Distribution of materials.--The information and
educational and instructional materials described in subsection
(a) shall be provided without cost by each hospital or birth
center licensed in this Commonwealth to a parent or guardian of
every newborn upon discharge from the hospital or birth center.
Section 6. Scope of act.
The department shall do the following:
(1) Work to improve the capacity of community-based
services available to victims of shaken baby syndrome.
(2) 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 prevention of and
education about shaken baby syndrome.
(3) Identify and, when appropriate, replicate or use
successful shaken baby syndrome programs and procure related
materials and services from organizations with appropriate
experience and knowledge of shaken baby syndrome.
Section 7. Regulations.
The secretary may promulgate regulations necessary to
implement the provisions of this act.
Section 8. Effective date.
This act shall take effect in 90 days.
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