79R3041 UM-D

By:  Lucio                                                        S.B. No. 316


A BILL TO BE ENTITLED
AN ACT
relating to the prevention of shaken baby syndrome. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 165A to read as follows:
CHAPTER 165A. PREVENTION OF SHAKEN BABY SYNDROME
Sec. 165A.001. DEFINITIONS. In this chapter: (1) "Birthing facility" means: (A) a hospital licensed under Chapter 241 that offers obstetrical services; or (B) a birthing center licensed under Chapter 244. (2) "Department" means the Department of State Health Services. (3) "Midwife" means a person who is identified as a midwife under Chapter 203, Occupations Code. (4) "Parent" means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of a child. Sec. 165A.002. REQUIRED EDUCATIONAL MATERIAL. (a) The department shall create a brochure describing: (1) the dangerous effects of shaking a newborn, infant, or other young child; (2) different methods for managing the causes that may lead a person to shake a newborn, infant, or other young child; and (3) different methods for preventing a person from shaking a newborn, infant, or other young child. (b) The department may distribute the brochure to physicians, nurses, midwives, and birthing facilities. (c) The department shall make the brochure available on the department's website. Sec. 165A.003. REQUIRED INFORMATION FOR A PARENT. (a) Before a parent of a newborn leaves a birthing facility with the newborn, the birthing facility shall provide the parent with written or oral notice of the dangers of shaking a newborn, infant, or other young child. (b) Before a physician, nurse, or midwife leaves a newborn that was born outside of a birthing facility alone with a parent, the physician, nurse, or midwife shall provide the parent with written or oral notice of the dangers of shaking a newborn, infant, or other young child. (c) A person may provide the notice required by this section along with any other information the person is required to provide to the parent. (d) A person may satisfy the requirement for written or oral notice by providing a parent with the information in the brochure created by the department under Section 165A.002. Sec. 165A.004. LIABILITY NOT CREATED. This chapter does not create civil or criminal liability. SECTION 2. This Act takes effect September 1, 2005.