Bill Text: FL S0332 | 2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Infant Death

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2012-03-09 - Died in Messages [S0332 Detail]

Download: Florida-2012-S0332-Comm_Sub.html

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       Florida Senate - 2012                              CS for SB 332
       
       
       
       By the Committee on Health Regulation; and Senator Bullard
       
       
       
       
       588-01577-12                                           2012332c1
    1                        A bill to be entitled                      
    2         An act relating to infant death; amending s. 383.3362,
    3         F.S.; revising legislative findings and intent with
    4         respect to the sudden unexpected death of an infant
    5         under a specified age; defining the term “Sudden
    6         Unexpected Infant Death”; revising provisions relating
    7         to training requirements for first responders;
    8         revising requirements relating to autopsies performed
    9         by medical examiners; requiring the Medical Examiners
   10         Commission to provide for the development and
   11         implementation of a protocol for the medical and legal
   12         investigation of sudden unexpected infant deaths;
   13         deleting references to the SIDS hotline and local SIDS
   14         alliances; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 383.3362, Florida Statutes, is amended
   19  to read:
   20         383.3362 Sudden Infant death Syndrome.—
   21         (1) FINDINGS AND INTENT.—The Legislature recognizes that
   22  the sudden unexpected death of an infant who is in apparent good
   23  health Sudden Infant Death Syndrome, or SIDS, is a leading cause
   24  of death among infants children under the age of 1 year, both
   25  nationally and in this state. The Legislature further recognizes
   26  that first responders to emergency calls relating to such a
   27  death need access to special training to better enable them to
   28  recognize that such deaths may result from natural or accidental
   29  causes or may be distinguish SIDS from death caused by criminal
   30  acts and to appropriately interact with the deceased infant’s
   31  parents or caretakers. At the same time, the Legislature,
   32  recognizing that the primary focus of first responders is to
   33  carry out their assigned duties, intends to increase the
   34  awareness of possible causes of a sudden unexpected infant death
   35  SIDS by first responders, but in no way expand or take away from
   36  their duties. Further, the Legislature recognizes the importance
   37  of a multidisciplinary investigation and standardized
   38  investigative protocols in cases of sudden unexpected infant
   39  death standard protocol for review of SIDS deaths by medical
   40  examiners and the importance of appropriate followup in cases of
   41  certified or suspected SIDS deaths. Finally, the Legislature
   42  finds that it is desirable to analyze existing data, and to
   43  conduct further research on, the possible causes of infant death
   44  SIDS and how to reduce lower the number of sudden unexpected
   45  infant deaths.
   46         (2) DEFINITION.—As used in this section, the term:
   47         (a) “Sudden Infant Death Syndrome,” or “SIDS,” refers to
   48  means the sudden unexpected death of an infant under 1 year of
   49  age whose death appears to be a result of natural causes but
   50  which remains unexplained after a complete autopsy, death-scene
   51  investigation, and review of the case history. The term includes
   52  only those deaths for which, currently, there is no known cause
   53  or cure.
   54         (b) “Sudden Unexpected Infant Death” or “SUID” refers to
   55  the sudden unexpected death of an infant under 1 year of age in
   56  apparent good health and whose death may have been a result of
   57  natural or unnatural causes.
   58         (3) TRAINING.—
   59         (a) The Legislature finds that an emergency medical
   60  technician, a paramedic, a firefighter, or a law enforcement
   61  officer is likely to be the first responder to a request for
   62  assistance which is made immediately after the sudden unexpected
   63  death of an infant. The Legislature further finds that these
   64  first responders should be trained in appropriate responses to
   65  sudden infant death.
   66         (b) After January 1, 1995, The basic training programs
   67  required for certification as an emergency medical technician, a
   68  paramedic, a firefighter, or a law enforcement officer as
   69  defined in s. 943.10, other than a correctional officer or a
   70  correctional probation officer, must include curriculum that
   71  contains instruction on SUID Sudden Infant Death Syndrome.
   72         (c) The Department of Health, in consultation with the
   73  Emergency Medical Services Advisory Council, the Firefighters
   74  Employment, Standards, and Training Council, and the Criminal
   75  Justice Standards and Training Commission, shall develop and
   76  adopt, by rule, curriculum that, at a minimum, includes training
   77  in SUID the nature of SIDS, standard procedures to be followed
   78  by law enforcement agencies in investigating cases involving
   79  sudden deaths of infants, and training in responding
   80  appropriately to the parents or caretakers who have requested
   81  assistance.
   82         (4) AUTOPSIES.—
   83         (a) The sudden unexpected death of any infant under 1 year
   84  of age who was in apparent good health falls under the
   85  jurisdiction of the medical examiner pursuant to s. 406.11 must
   86  perform an autopsy upon any infant under the age of 1 year who
   87  is suspected to have died of Sudden Infant Death Syndrome. The
   88  autopsy must be performed within 24 hours after the death, or as
   89  soon thereafter as is feasible. When the medical examiner’s
   90  findings are consistent with the definition of sudden infant
   91  death syndrome in subsection (2), the medical examiner must
   92  state on the death certificate that sudden infant death syndrome
   93  was the cause of death.
   94         (b) The Medical Examiners Commission shall provide for the
   95  development and implementation of develop and implement a
   96  protocol for medical and legal investigation of sudden
   97  unexpected infant death dealing with suspected sudden infant
   98  death syndrome. The protocol must be followed by all medical
   99  examiners when conducting the autopsies required under this
  100  subsection. The protocol may include requirements and standards
  101  for scene investigations, requirements for specific data,
  102  criteria for ascertaining cause of death based on the autopsy,
  103  criteria for any specific tissue sampling, and any other
  104  requirements that the commission considers necessary.
  105         (c) A medical examiner is not liable for damages in a civil
  106  action for any act or omission done in compliance with this
  107  subsection.
  108         (d) An autopsy must be performed under the authority of a
  109  medical examiner under s. 406.11.
  110         (5) DEPARTMENT DUTIES RELATING TO SUDDEN UNEXPECTED INFANT
  111  DEATH (SUID) DEATH SYNDROME (SIDS).—The Department of Health
  112  shall:
  113         (a) Collaborate with other agencies in the development and
  114  presentation of the Sudden Unexpected Infant Death (SUID) Death
  115  Syndrome (SIDS) training programs for first responders,
  116  including those for emergency medical technicians and
  117  paramedics, firefighters, and law enforcement officers.
  118         (b) Maintain a database of statistics on reported sudden
  119  unexpected infant deaths SIDS deaths, and analyze the data as
  120  funds allow.
  121         (c) Serve as liaison and closely coordinate activities with
  122  the Florida SIDS Alliance, including the services related to the
  123  SIDS hotline.
  124         (d) Maintain a library reference list and materials about
  125  SUID SIDS for public dissemination.
  126         (e) Provide professional support to field staff.
  127         (f) Coordinate the activities of and promote a link between
  128  the fetal and infant mortality review committees of the local
  129  healthy start coalitions, the local SIDS alliance, and other
  130  related support groups.
  131         Section 2. This act shall take effect July 1, 2012.