Download This Version in Microsoft Word format
TO AMEND THE CODE OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 37, Title 44 of the 1976 Code is amended by adding:
"Section 44-37-50. (A) Every hospital in this State must make available to the parents of each newborn baby delivered in the hospital a video presentation on the dangers associated with shaking infants and young children. The hospital must request that the maternity patient, the father, or the primary caregiver view the video. Those persons whom the hospital requested to view the video shall sign a document prescribed by the Department of Health and Environmental Control stating that they have been offered an opportunity to view the video.
(B) The director, or his designee, of the Department of Health and Environmental Control must approve the video to be utilized by a hospital, pursuant to subsection (A). Upon the request of a hospital, the Director of the Department of Health and Environmental Control, or his designee, shall review a hospital's proposed video for possible approval. The Department of Health and Environmental Control may not require a hospital to use a video that would require the hospital to pay royalties for use of the video, restrict viewing in order to comply with public viewing or other restrictions, or be subject to other costs or restrictions associated with copyrights. The department must provide a copy of any approved video, at cost, to a hospital or any interested individual.
(C) The Department of Health and Environmental Control shall make available to all childcare facilities and childcare providers, regulated pursuant to Subarticle 11, Article 13, Chapter 7, Title 20, a video presentation on the dangers associated with shaking infants and young children. Childcare facilities, as defined in Section 20-7-2700, shall include this video presentation in the initial and ongoing training of caregivers in the childcare facility. Caregivers in a registered family childcare home or church or religious childcare facility may participate in presentations offered pursuant to this subsection. The Department of Health and Environmental Control must provide a copy of any approved video, at cost, to a childcare facility or childcare provider or any interested individual.
(D) The Department of Health and Environmental Control shall establish a protocol for health care providers to educate parents or primary caregivers about the dangers associated with shaking infants and young children. The Department of Health and Environmental Control shall request family medicine physicians, pediatricians, and other pediatric health care providers to review these dangers with the parent or primary caregiver, who are present of infants and young children up to the age of three at each well-baby visit.
(E) Nothing contained in this section may be construed to create any cause of action, and a person or entity is immune from any civil or criminal liability for actions taken in complying with this section."
SECTION 2. This act takes effect January 1, 2008.
This web page was last updated on Monday, June 22, 2009 at 3:04 P.M.