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