Florida Senate - 2012                       CS for CS for SB 332
       
       
       
       By the Committees on Criminal Justice; and Health Regulation;
       and Senator Bullard
       
       
       
       591-02049-12                                           2012332c2
    1                        A bill to be entitled                      
    2         An act relating to infant death; providing a short
    3         title; amending s. 383.3362, F.S.; revising
    4         legislative findings and intent with respect to the
    5         sudden unexpected death of an infant under a specified
    6         age; defining the term “Sudden Unexpected Infant
    7         Death”; revising provisions relating to training
    8         requirements for first responders; revising
    9         requirements relating to autopsies performed by
   10         medical examiners; requiring the Medical Examiners
   11         Commission to provide for the development and
   12         implementation of a protocol for the medical and legal
   13         investigation of sudden unexpected infant deaths;
   14         deleting references to the SIDS hotline and local SIDS
   15         alliances; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as the “Edward Jr., and
   20  Rachel Bullard Act.
   21         Section 2. Section 383.3362, Florida Statutes, is amended
   22  to read:
   23         383.3362 Sudden Infant death Syndrome.—
   24         (1) FINDINGS AND INTENT.—The Legislature recognizes that
   25  the sudden unexpected death of an infant who is in apparent good
   26  health Sudden Infant Death Syndrome, or SIDS, is a leading cause
   27  of death among infants children under the age of 1 year, both
   28  nationally and in this state. The Legislature further recognizes
   29  that first responders to emergency calls relating to such a
   30  death need access to special training to better enable them to
   31  recognize that such deaths may result from natural or accidental
   32  causes or may be distinguish SIDS from death caused by criminal
   33  acts and to appropriately interact with the deceased infant’s
   34  parents or caretakers. At the same time, the Legislature,
   35  recognizing that the primary focus of first responders is to
   36  carry out their assigned duties, intends to increase the
   37  awareness of possible causes of a sudden unexpected infant death
   38  SIDS by first responders, but in no way expand or take away from
   39  their duties. Further, the Legislature recognizes the importance
   40  of a multidisciplinary investigation and standardized
   41  investigative protocols in cases of sudden unexpected infant
   42  death standard protocol for review of SIDS deaths by medical
   43  examiners and the importance of appropriate followup in cases of
   44  certified or suspected SIDS deaths. Finally, the Legislature
   45  finds that it is desirable to analyze existing data, and to
   46  conduct further research on, the possible causes of infant death
   47  SIDS and how to reduce lower the number of sudden unexpected
   48  infant deaths.
   49         (2) DEFINITION.—As used in this section, the term:
   50         (a) “Sudden Infant Death Syndrome,” or “SIDS,” refers to
   51  means the sudden unexpected death of an infant under 1 year of
   52  age whose death appears to be a result of natural causes but
   53  which remains unexplained after a complete autopsy, death-scene
   54  investigation, and review of the case history. The term includes
   55  only those deaths for which, currently, there is no known cause
   56  or cure.
   57         (b) “Sudden Unexpected Infant Death” or “SUID” refers to
   58  the sudden unexpected death of an infant under 1 year of age in
   59  apparent good health and whose death may have been a result of
   60  natural or unnatural causes.
   61         (3) TRAINING.—
   62         (a) The Legislature finds that an emergency medical
   63  technician, a paramedic, a firefighter, or a law enforcement
   64  officer is likely to be the first responder to a request for
   65  assistance which is made immediately after the sudden unexpected
   66  death of an infant. The Legislature further finds that these
   67  first responders should be trained in appropriate responses to
   68  sudden infant death.
   69         (b) After January 1, 1995, The basic training programs
   70  required for certification as an emergency medical technician, a
   71  paramedic, a firefighter, or a law enforcement officer as
   72  defined in s. 943.10, other than a correctional officer or a
   73  correctional probation officer, must include curriculum that
   74  contains instruction on SUID Sudden Infant Death Syndrome.
   75         (c) The Department of Health, in consultation with the
   76  Emergency Medical Services Advisory Council, the Firefighters
   77  Employment, Standards, and Training Council, and the Criminal
   78  Justice Standards and Training Commission, shall develop and
   79  adopt, by rule, curriculum that, at a minimum, includes training
   80  in SUID the nature of SIDS, standard procedures to be followed
   81  by law enforcement agencies in investigating cases involving
   82  sudden deaths of infants, and training in responding
   83  appropriately to the parents or caretakers who have requested
   84  assistance.
   85         (4) AUTOPSIES.—
   86         (a) The sudden unexpected death of any infant under 1 year
   87  of age who was in apparent good health falls under the
   88  jurisdiction of the medical examiner pursuant to s. 406.11 must
   89  perform an autopsy upon any infant under the age of 1 year who
   90  is suspected to have died of Sudden Infant Death Syndrome. The
   91  autopsy must be performed within 24 hours after the death, or as
   92  soon thereafter as is feasible. When the medical examiner’s
   93  findings are consistent with the definition of sudden infant
   94  death syndrome in subsection (2), the medical examiner must
   95  state on the death certificate that sudden infant death syndrome
   96  was the cause of death.
   97         (b) The Medical Examiners Commission shall provide for the
   98  development and implementation of develop and implement a
   99  protocol for medical and legal investigation of sudden
  100  unexpected infant death dealing with suspected sudden infant
  101  death syndrome. The protocol must be followed by all medical
  102  examiners when conducting the autopsies required under this
  103  subsection. The protocol may include requirements and standards
  104  for scene investigations, requirements for specific data,
  105  criteria for ascertaining cause of death based on the autopsy,
  106  criteria for any specific tissue sampling, and any other
  107  requirements that the commission considers necessary.
  108         (c) A medical examiner is not liable for damages in a civil
  109  action for any act or omission done in compliance with this
  110  subsection.
  111         (d) An autopsy must be performed under the authority of a
  112  medical examiner under s. 406.11.
  113         (5) DEPARTMENT DUTIES RELATING TO SUDDEN UNEXPECTED INFANT
  114  DEATH (SUID) DEATH SYNDROME (SIDS).—The Department of Health
  115  shall:
  116         (a) Collaborate with other agencies in the development and
  117  presentation of the Sudden Unexpected Infant Death (SUID) Death
  118  Syndrome (SIDS) training programs for first responders,
  119  including those for emergency medical technicians and
  120  paramedics, firefighters, and law enforcement officers.
  121         (b) Maintain a database of statistics on reported sudden
  122  unexpected infant deaths SIDS deaths, and analyze the data as
  123  funds allow.
  124         (c) Serve as liaison and closely coordinate activities with
  125  the Florida SIDS Alliance, including the services related to the
  126  SIDS hotline.
  127         (d) Maintain a library reference list and materials about
  128  SUID SIDS for public dissemination.
  129         (e) Provide professional support to field staff.
  130         (f) Coordinate the activities of and promote a link between
  131  the fetal and infant mortality review committees of the local
  132  healthy start coalitions, the local SIDS alliance, and other
  133  related support groups.
  134         Section 3. This act shall take effect July 1, 2012.