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
House Bill 3555
Sponsored by Representative GELSER (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 as
introduced.
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.
A BILL FOR AN ACT
Relating to shaken baby syndrome.
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 sections 2 and 3 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 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) The State Commission on Children and
Families shall establish the Shaken Baby Syndrome Prevention
Program to educate parents about the dangers of shaken baby
syndrome and to offer alternative techniques to parents to manage
anger, frustration and stress.
(2) The program shall:
(a) Be provided by hospitals and birthing centers;
(b) Allow for voluntary participation by parents;
(c) Use research-based multimedia educational materials to
target the parents of children from birth to three years of age;
and
(d) Educate parents about the dangers associated with shaking
infants and young children and about alternative techniques to
manage anger, frustration and stress.
(3) The commission shall develop program participation and
evaluation forms for use by hospitals and birthing centers. The
participation forms shall require the signature of a
participating parent.
(4) Prior to February 1 of each odd-numbered year, the
commission shall report to the Legislative Assembly about the
program. The report shall include the number of parents who
consented to participate in the program and the number of parents
who declined to participate in the program.
(5) The commission may adopt any rules necessary for the
administration of this section and section 3 of this 2007
Act. + }
SECTION 3. { + (1) Each hospital and birthing center shall
implement the Shaken Baby Syndrome Prevention Program by:
(a) Informing the parents of any newborn child about the
program and the dangers of shaking infants and young children,
prior to discharging the newborn child;
(b) Requesting that each parent of a newborn child participate
in the program;
(c) Providing program participation and evaluation forms
developed by the State Commission on Children and Families to
parents for the purpose of recording participation in the
program;
(d) Keeping all program participation and evaluation forms on
file for a period of time as prescribed by the commission;
(e) Reporting participation rates as required by the
commission; and
(f) Procuring program curriculum and materials that meet the
requirements prescribed by the commission.
(2) Notwithstanding subsection (1) of this section, a hospital
or birthing center is not required to offer the program to
biological parents who are placing their child for adoption prior
to discharge or immediately upon discharge from the hospital or
birthing center. + }
SECTION 4. { + Prior to July 1, 2008, each hospital and
birthing center shall offer the Shaken Baby Syndrome Prevention
Program as required by section 3 of this 2007 Act. + }
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