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.