South Carolina General Assembly
117th Session, 2007-2008

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Bill 518

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Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 18, 2007

S. 518

Introduced by Medical Affairs Committee

S. Printed 4/18/07--H.    [SEC 4/19/07 4:29 PM]

Read the first time March 22, 2007.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (S. 518) to amend the Code of Laws 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 44-37-50(A), page 2, line 7 by deleting /and the/ and inserting /. Every hospital also must make available information on the/. So when amended Section 44-37-50(A) reads:

/(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. Every hospital also must make available information on the importance of parents and caregivers learning infant CPR. 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./

Amend the bill further, Section 44-37-50(F), page 3, line 19 by deleting /good faith/. So when amended Section 44-37-50(F) reads:

/(F)    Nothing contained in this section may be construed to create any civil, criminal, or administrative cause of action or other liability against a heath care facility or health care provider for any acts or omissions relating to compliance with this section./

Renumber sections to conform.

Amend title to conform.

LEON HOWARD for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

A Cost of Federal and/or Other Funds (See Below)

EXPLANATION OF IMPACT:

Department of Health & Environmental Control

The department has not yet determined the most cost-effective method for selecting a video for distribution (i.e., produce in-house, contract for production or use commercially available videos). Therefore the cost cannot be estimated. However, since the bill allows the agency to charge a fee for the video, any costs incurred by the agency should be recoverable from the fees. There would be no cost to the state general fund. There would be a cost (recoverable from fees) to other funds. The cost of printing and distributing the video acknowledgement forms to be signed by new parents would be minimal and can be absorbed by the agency.

Medical University of South Carolina (MUSC)

This bill would have minimum fiscal impact since MUSC already has an in-patient educational TV channel in place that could be utilized to enable parents to view the video.

Department of Social Services

The department indicates that this bill would have a minimal impact on the General Fund of the State and federal and/or other funds as the agency's training curriculum for adoptive parents will be revised to incorporate the video presentation and that the agency would not be responsible for creating the videos.

SPECIAL NOTES:

The Board of Economic Advisors is the appropriate entity to address any revenue impact associated with this bill.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS 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 and the importance of parents and caregivers learning infant CPR. 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 one at each well-baby visit.

(E)    The Department of Social Services, Adoption Services must make available to all adopting parents a video presentation, approved by the Department of Health and Environmental Control, on the dangers associated with shaking infants and young children and the importance of parents and caregivers learning infant CPR. The department must request that the adopting parents view the video. The adopting parents must sign a document prescribed by the department stating that they have been offered an opportunity to view the video. This subsection only applies to adoptive placements administered by the Department of Social Services, Adoption Services.

(F)    Nothing contained in this section may be construed to create any civil, criminal, or administrative cause of action or other liability against a heath care facility or health care provider for any good faith acts or omissions relating to compliance with this section."

SECTION    2.    This act takes effect January 1, 2008.

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