74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3838
A-Engrossed
House Bill 3555
Ordered by the House May 29
Including House Amendments dated May 29
Sponsored by Representative GELSER; Representative HUNT (at the
request of Oregon Pediatric Society, Oregon Medical
Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Directs State Commission on Children and Families to
implement Shaken Baby Syndrome Prevention Program to educate
parents and primary caregivers of infants and young children. - }
{ - Directs hospitals and birthing centers to offer program
to parents and primary caregivers of newborns. Prescribes
requirements for program. - }
{ + Creates Task Force on Prevention of Shaken Baby Syndrome.
Specifies membership and duties of task force.
Declares emergency, effective July 1, 2007. + }
A BILL FOR AN ACT
Relating to shaken baby syndrome; and declaring an emergency.
Whereas shaken baby syndrome is a medically serious and often
fatal result of violent shaking of infants and young children;
and
Whereas vigorous shaking of an infant or young child can result
in serious damage including, but not limited to, bleeding inside
the head that causes irreversible brain damage, blindness,
cerebral palsy, hearing loss, spinal cord injury, seizures,
learning disabilities and death; and
Whereas shaken baby syndrome is recognized as the leading cause
of death of physically abused children; and
Whereas while doctors have long recognized that shaking an
infant can cause serious injury, many adults remain unaware of
how dangerous the practice can be; and
Whereas demonstration projects have shown that voluntary
education programs in hospitals have significantly reduced the
number of infant injuries and deaths caused by shaken baby
syndrome; and
Whereas successful programs include firsthand information about
victims of shaken baby syndrome and provide alternative
techniques for dealing with the frustrations, anger and stress
that may be caused by crying infants and young children; and
Whereas the costs of such prevention programs are minimal
compared to the savings of public and private funds in the
long-term health care needs of children with severe inflicted
brain damage; and
Whereas educating parents about shaken baby syndrome in order
to prevent the effects of such a hazard is in the public
interest; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in section 2 of this 2007 Act:
(1) 'Parent' means:
(a) An infant's or young child's biological or adoptive mother
or biological or adoptive father;
(b) The domestic partner of an infant's or young child's
biological or adoptive mother or father; or
(c) Any other primary caregiver of an infant or young child.
(2) 'Shaken baby syndrome' means the vigorous shaking of an
infant or young child that may result in bleeding inside the
infant's or young child's head and cause one or more of the
following conditions:
(a) Irreversible brain damage.
(b) Blindness.
(c) Retinal hemorrhage or eye damage.
(d) Cerebral palsy.
(e) Hearing loss.
(f) Spinal cord injury, including paralysis.
(g) Seizures.
(h) Learning disability.
(i) Central nervous system injury.
(j) Closed head injury.
(k) Rib fracture.
(L) Subdural hematoma.
(m) Death. + }
SECTION 2. { + (1) There is created the Task Force on the
Prevention of Shaken Baby Syndrome, consisting of seven members
appointed as follows:
(a) The President of the Senate shall appoint one member from
among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
one member from among members of the House of Representatives.
(c) The Director of Human Services shall appoint five members
who represent the following:
(A) The Oregon Association of Hospitals and Health Systems;
(B) The Oregon Pediatric Society;
(C) The Oregon Medical Association;
(D) The Oregon Nurses Association; and
(E) The Child Abuse Multidisciplinary Intervention Program.
(2) The task force shall:
(a) Make recommendations about the parameters for a program to
educate parents about shaken baby syndrome to be provided by
hospitals and birthing centers;
(b) Make recommendations about whether hospitals and birthing
centers would be required to provide the program;
(c) Identify sources of funding for the program, including
federal, state and private; and
(d) Identify how many hospitals and birthing centers in the
state are currently providing a program to educate parents about
shaken baby syndrome.
(3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the members of the task force.
(5) The task force shall elect one of its members to serve as
chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
(8) The task force may adopt rules necessary for the operation
of the task force.
(9) The task force shall submit a report, and may include
recommendations for legislation, to the interim legislative
committee on human services no later than October 1, 2008.
(10) The Department of Human Services shall provide staff
support to the task force.
(11) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation or
reimbursement for expenses and serve as volunteers on the task
force.
(12) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties.
(13) The department may accept contributions of moneys and
assistance from the United States Government or its agencies or
from any other source, public or private, and agree to conditions
placed on the moneys not inconsistent with the duties of the task
force.
(14) All moneys received by the department under subsection
(13) of this section shall be paid into the State Treasury and
deposited in the Department of Human Services Account for use by
the department to carry out the duties of the task force. + }
SECTION 3. { + Sections 1 and 2 of this 2007 Act are repealed
on the date of the convening of the next regular biennial
legislative session. + }
SECTION 4. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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