SB221-SSA2, s. 6
20Section
6. 49.45 (44) (intro.) of the statutes is amended to read:
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49.45
(44) Prenatal, postpartum and young child care coordination. (intro.)
22Providers in Milwaukee County that are certified to provide care coordination
23services under s. 49.46 (2) (b) 12. may be certified to provide to medical assistance
24recipients prenatal and postpartum care coordination services and care coordination
25services for children who have not attained the age of 7.
A provider of those care
1coordination services shall provide to a person receiving those services the
2information relating to shaken baby syndrome and impacted babies required under
3s. 253.15 (6). The department shall provide reimbursement for
these those care
4coordination services only if at least one of the following conditions is met:
SB221-SSA2, s. 7
5Section
7. 121.02 (1) (L) 6. of the statutes is created to read:
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121.02
(1) (L) 6. In one of grades 5 to 8 and in one of grades 10 to 12, provide
7pupils with the instruction on shaken baby syndrome and impacted babies described
8in s. 253.15 (5).
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10253.15 Shaken baby syndrome and impacted babies. (1) Definitions. 11In this section:
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(a) "Board" means the child abuse and neglect prevention board.
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(b) "County department" means a county department of human services or
14social services under s. 46.215, 46.22, or 46.23.
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(c) "Health care provider" means any person who is licensed, registered,
16permitted, or certified by the department of health and family services or the
17department of regulation and licensing to provide health care services in this state.
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(d) "Impacted baby" means an infant or young child who suffers death or great
19bodily harm as a result of being thrown against a surface, hard or soft.
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(e) "Nonprofit organization" means an organization described in section
501 (c)
21(3) of the Internal Revenue Code that is dedicated to the prevention of shaken baby
22syndrome and impacted babies and the support of families affected by shaken baby
23syndrome or an impacted baby.
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1(f) "Shaken baby syndrome" means a severe form of brain injury that occurs
2when an infant or young child is shaken forcibly enough to cause the brain to rebound
3against his or her skull.
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4(2) Informational materials. The board shall purchase or prepare or arrange
5with a nonprofit organization to prepare printed and audiovisual materials relating
6to shaken baby syndrome and impacted babies. The materials shall include
7information regarding the identification and prevention of shaken baby syndrome
8and impacted babies, the grave effects of shaking or throwing on an infant or young
9child, appropriate ways to manage crying, fussing, or other causes that can lead a
10person to shake or throw an infant or young child, and a discussion of ways to reduce
11the risks that can lead a person to shake or throw an infant or young child. The
12materials shall be prepared in English, Spanish, and other languages spoken by a
13significant number of state residents, as determined by the board. The board shall
14make those written and audiovisual materials available to all hospitals, maternity
15homes, and nurse-midwives licensed under s. 441.15 that are required to provide or
16make available materials to parents under sub. (3) (a) 1., to the department and to
17all county departments and nonprofit organizations that are required to provide the
18materials to day care providers under sub. (4), and to all school boards and nonprofit
19organizations that are permitted to provide the materials to pupils in one of grades
205 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those
21written materials available to all county departments and Indian tribes that are
22providing home visitation services under s. 46.515 (4) (b) 1. or 2. and to all providers
23of prenatal, postpartum, and young child care coordination services under s. 49.45
24(44). The board may make available the materials required under this subsection
1to be made available by making those materials available at no charge on the board's
2Internet site.
SB221-SSA2,9,10
3(3) Information to parents. (a) 1. Before an infant who is born at or on route
4to a hospital or maternity home is discharged from the hospital or maternity home,
5the attending physician, the attending nurse midwife, or another trained,
6designated staff member of the hospital or maternity home shall provide to the
7parents of the infant, without cost to those parents, a copy of the written materials
8purchased or prepared under sub. (2), shall inform those parents of the availability
9of the audiovisual materials purchased or prepared under sub. (2), and shall make
10those audiovisual materials available for those parents to view.
SB221-SSA2,9,1711
2. Within 7 days after the birth of an infant who is born elsewhere than at or
12on route to a hospital or maternity home, the attending physician, the attending
13nurse-midwife, or a trained, designated birth attendant who attended the birth of
14the child shall provide to the parents of the infant, without cost to those parents, a
15copy of the written materials purchased or prepared under sub. (2) and shall inform
16those parents of the availability of the audiovisual materials purchased or prepared
17under sub. (2).
SB221-SSA2,9,2218
(b) At the same time that the written materials and explanation are provided
19under par. (a) 1., or 2., the person who provides the written materials and
20explanation shall also provide the parent with a form prepared by the board in
21English, Spanish, and other languages spoken by a significant number of state
22residents, as determined by the board, that includes all of the following:
SB221-SSA2,9,2423
1. A statement that the parent has been advised as to the grave effects of
24shaking or throwing on an infant or young child and of appropriate ways to manage
1crying, fussing, or other causes that can lead a person to shake or throw an infant
2or young child.
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2. A telephone number that the parent may call to obtain assistance on how to
4care for an infant or young child, which may be the telephone number of the infant's
5physician, the hospital or maternity home at or on route to which the infant was born,
6the nurse-midwife that attended the birth of the infant, if born elsewhere than at
7or on route to a hospital or maternity home, or a help line established by the hospital,
8maternity home, or nurse-midwife.
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3. A statement that the parent will share the information specified in subds.
101. and 2. with all persons who provide care for the infant.
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(c) In preparing the form under par. (b), the board may not include in the form
12a signature line for the parent to sign or any other requirement that the parent sign
13the form.
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(d) The person who provides the written materials and explanation under par.
15(a) 1. or 2. and the form under par. (b) shall include in the records of the hospital,
16maternity home, or nurse-midwife relating to the infant a statement that the
17written materials, explanation, and form have been provided as required under pars.
18(a) 1. or 2. and (b) and that the audiovisual materials have been made available as
19required under par. (a) 1. or that the parents have been informed of their availability
20as required under par. (a) 2., whichever is applicable.
SB221-SSA2,11,18
21(4) Training for day care providers. Before an individual may obtain a license
22to operate a day care center under s. 48.65 for the care and supervision of children
23under 5 years of age or enter into a contract to provide a day care program under s.
24120.13 (14) for the care and supervision of children under 5 years of age, the
25individual shall receive training relating to shaken baby syndrome and impacted
1babies that is approved or provided by the department or that is provided by a
2nonprofit organization arranged by the department to provide that training. Before
3an individual may be certified under s. 48.651 as a day care provider of children
4under 5 years of age, the individual shall receive training relating to shaken baby
5syndrome and impacted babies that is approved or provided by the certifying county
6department or that is provided by a nonprofit organization arranged by that county
7department to provide that training. Before an employee or volunteer of a day care
8center licensed under s. 48.65, a day care provider certified under s. 48.651, or a day
9care program established under s. 120.13 (14) may provide care and supervision for
10children under 5 years of age, the employee or volunteer shall receive training
11relating to shaken baby syndrome and impacted babies that is approved or provided
12by the department or the certifying county department or that is provided by a
13nonprofit organization arranged by the department or county department to provide
14that training. The person conducting the training shall provide to the individual
15receiving the training, without cost to the individual, a copy of the written materials
16purchased or prepared under sub. (2), a presentation of the audiovisual materials
17purchased or prepared under sub. (2), and an oral explanation of those written and
18audiovisual materials.
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19(5) Instruction for pupils. Each school board shall provide or arrange with
20a nonprofit organization or health care provider to provide age-appropriate
21instruction relating to shaken baby syndrome and impacted babies for pupils in one
22of grades 5 to 8 and in one of grades 10 to 12. The person providing the instruction
23may provide to each pupil receiving the instruction a copy of the written materials
24purchased or prepared under sub. (2), a presentation of the audiovisual materials
1purchased or prepared under sub. (2), and an oral explanation of those written and
2audiovisual materials.
SB221-SSA2,12,8
3(6) Information to home visitation or care coordination services recipients. 4A county department or Indian tribe that is providing home visitation services under
5s. 46.515 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and young child care
6coordination services under s. 49.45 (44) shall provide to a recipient of those services,
7without cost, a copy of the written materials purchased or prepared under sub. (2)
8and an oral explanation of those materials.
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9(7) Immunity from liability. (a) The board, a nonprofit organization specified
10under sub. (2), or a person from whom the board purchases the materials specified
11in sub. (2) is immune from liability for any damages resulting from any good faith
12act or omission in preparing and distributing, or in failing to prepare and distribute,
13the materials specified in sub. (2).
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(b) A hospital, maternity home, physician, nurse-midwife, other staff member
15of a hospital or maternity home, or other birth attendant attending the birth of an
16infant is immune from liability for any damages resulting from any good faith act or
17omission in providing or failing to provide the written and audiovisual materials
18specified in sub. (3) (a) or the form specified in sub. (3) (b).
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(c) The department, a county department, a nonprofit organization specified
20under sub. (4), or any other person that provides the training, the written and
21audiovisual materials, and the oral explanation specified in sub. (4) is immune from
22liability for any damages resulting from any good faith act or omission in approving,
23providing, or failing to approve or provide that training, those materials, and that
24explanation. A school board is immune from liability for any damages resulting from
25any good faith act or omission in connection with the provision of or the failure to
1provide, the training, written and audiovisual materials, and oral explanation
2specified in sub. (4).
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(d) A school board, nonprofit organization, or health care provider specified
4under sub. (5) is immune from liability for any damages resulting from any good faith
5act or omission in providing or failing to provide the instruction and the written and
6audiovisual materials and oral explanation specified in sub. (5).
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(e) A county department or Indian tribe that is providing home visitation
8services under s. 46.515 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and
9young child care coordination services under s. 49.45 (44) is immune from liability
10for any damages resulting from any good faith act or omission in providing or failing
11to provide the written materials and oral explanation specified in sub. (6).
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12(8) Identification of shaken or impacted babies. The department of health and
13family services shall identify all infants and young children who have shaken baby
14syndrome or who are impacted babies and all infants and young children who have
15died as a result of being shaken or thrown by using the statewide automated child
16welfare information system established under s. 46.03 (7) (g) and child fatality
17information compiled by the department of justice. For each infant or young child
18so identified, the department of health and family services shall document the age,
19sex, and other characteristics of the infant or young child that are relevant to the
20prevention of shaken baby syndrome and impacted babies and, if known, the age,
21sex, employment status, and residence of the person who shook or threw the infant
22or young child, the relationship of that person to the infant or young child, and any
23other characteristics of that person that are relevant to the prevention of shaken
24baby syndrome and impacted babies.
SB221-SSA2,14,2
1(1)
Shaken baby syndrome and impacted babies; informational materials;
2training; rules; positions.
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(a)
Availability of informational materials. By the first day of the 12th month
4beginning after the effective date of this subsection, the child abuse and neglect
5prevention board shall make the informational materials specified in section 253.15
6(2) of the statutes, as created by this act, available as required under section 253.15
7(2) of the statutes, as created by this act.
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(b)
Training for day care providers.
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91. Notwithstanding section 253.15 (4) of the statutes, as created by this act, the
10department of health and family services shall ensure that the training required
11under section 253.15 (4) of the statutes, as created by this act, is provided to all
12individuals who on the day before the first day of the 12th month beginning after the
13effective date of this subdivision, hold or have applied for a license under section
1448.65 of the statutes to operate a day care center or are providing a day care program
15under a contract under section 120.13 (14) of the statutes, and to all employees and
16volunteers of that day care center or day care program who on that day are providing
17care and supervision for children, by no later than the continuation date of the
18license or the renewal date of the contract, whichever is applicable, or by 2 years after
19the effective date of this subdivision, whichever is sooner.
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202. Notwithstanding section 253.15 (4) of the statutes, as created by this act, a
21county department, as defined in section 253.15 (1) (b) of the statutes, as created by
22this act, shall ensure that the training required under section 253.15 (4) of the
23statutes, as created by this act, is provided to all individuals who on the day before
24the first day of the 12th month beginning after the effective date of this subdivision,
25are certified by that county department as day care providers under section 48.651
1of the statutes or have applied for that certification, and to all employees and
2volunteers of that day care provider who on that day are providing care and
3supervision for children, by no later than 18 months after the effective date of this
4subdivision.
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61. The department of health and family services shall submit in proposed form
7the rules required under section 48.67 of the statutes, as affected by this act, to the
8legislature under section 227.19 of the statutes no later than the first day of the 12th
9month beginning after the effective date of this subdivision. Before the date on which
10the rules are finally promulgated, the department of health and family services shall
11administer section 253.15 (4) of the statutes, as created by this act, according to
12policies and procedures established by that department, but not promulgated as
13rules, notwithstanding the absence of rules to administer that provision.
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142. The department of workforce development shall submit in proposed form the
15rules required under section 49.155 (1d) (a) of the statutes, as affected by this act,
16to the legislature under section 227.19 of the statutes no later than the first day of
17the 12th month beginning after the effective date of this subdivision.
18Notwithstanding section 227.137 (2) of the statutes, the secretary of administration
19may not require the department of workforce development to prepare an economic
20impact report for the rules required under section 49.155 (1d) (a) of the statutes, as
21affected by this act. Before the date on which the rules are finally promulgated, the
22department of workforce development shall administer section 253.15 (4) of the
23statutes, as created by this act, according to policies and procedures established by
24that department, but not promulgated as rules, notwithstanding the absence of rules
25to administer that provision.
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1(d)
Positions. The authorized FTE positions for the child abuse and neglect
2prevention board are increased by 1.0 GPR position, to be funded from the
3appropriation under section 20.433 (1) (e) of the statutes, as created by this act, for
4the purpose of administering the shaken baby syndrome and impacted babies
5prevention activities specified in section 253.15 (2) and (3) of the statutes, as created
6by this act.
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(1)
Shaken baby syndrome and impacted babies; informational materials;
9training; instruction.
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(a)
Information to parents. The treatment of section 253.15 (3) of the statutes
11first applies to infants born on the first day of the 12th month beginning after the
12effective date of this paragraph.
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(b)
Training for day care providers. The treatment of section 253.15 (4) of the
14statutes first applies to an individual who applies for a license to operate a day care
15center under section 48.65 of the statutes, who applies for certification as a day care
16provider under section 48.651 of the statutes, who enters into a contract to provide
17a day care program under section 120.13 (14) of the statutes, or who commences
18employment or volunteer work at a day care center, day care provider, or day care
19program on the first day of the 12th month beginning after the effective date of this
20paragraph.
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(c)
Instruction for pupils. The treatment of section 253.15 (5) of the statutes
22first applies to instructional programs provided in the 2007-08 school year.
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(d)
Information to home visitation or care coordination services recipients. The
24treatment of section 253.15 (6) of the statutes first applies to home visitation services
25under section 46.515 (4) (b) 1. or 2. of the statutes or prenatal, postpartum, and young
1child care coordination services under section 49.45 (44) of the statutes provided on
2the first day of the 12th month beginning after the effective date of this paragraph.
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(e)
Identification of shaken or impacted babies. The treatment of section 253.15
4(8) of the statutes first applies to an infant or young child for whom information
5indicating that the infant or young child has shaken baby syndrome, as defined in
6section 253.15 (1) (f) of the statutes, as created by this act, or is an impacted baby,
7as defined in section 253.15 (1) (d) of the statutes, as created by this act, is entered
8into the statewide automated child welfare information system established under
9section 46.03 (7) (g) of the statutes, and to an infant or young child for whom child
10fatality information is compiled by the department of justice indicating that the
11infant or young child died as a result of being shaken or thrown, on the first day of
12the 12th month beginning after the effective date of this paragraph.