AN ACT TO PREVENT SHAKEN BABY SYNDROME IN MASSACHUSETTS

Whereas, Shaken Baby Syndrome is the number one way infants and young children under the age of two are killed non-accidentally in the United States, according to the American Academy of Pediatrics;

Whereas, more than fifty percent of infants and children who survive Shaken Baby Syndrome suffer from residual disabilities that can include: brain damage, seizures, mental retardation, spinal injury, paralysis, impaired use of arms and legs, blindness, hearing loss, speech problems, learning disabilities and delays in development;

Whereas, because cases with less serious injuries may not receive medical attention, or may go undetected, and no central SBS reporting system is available, the actual incidence of Shaken Baby Syndrome is unknown and likely underestimated;

Whereas, medical costs to deal with the aftermath of Shaken Baby Syndrome can exceed one million dollars for the first years after injury and data indicate that more than sixty percent of medical costs for victims of Shaken Baby Syndrome are born by state-sponsored programs; and, whereas, additional law enforcement and court costs, child protective services, rehabilitation, special education, and short and long term custodial care costs due to SBS are staggering;

Therefore, it is hereby declared to be an emergency mandate, necessary for the immediate preservation of the health and safety of the public.

SECTION 1. Section 1 of Chapter 111 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the definition “Nuclear reactor”, the following new definition:

Shaken Baby Syndrome, a form of abusive head trauma, characterized by a constellation of symptoms caused by a non-accidental traumatic injury resulting from the violent shaking of and/or impact upon an infant or young child’s head.

SECTION 2. Chapter 111 of the General Laws is hereby amended by inserting after section 24J, the following new section: The Department of Public Health shall collaborate with the Department of Social Services and other state agencies serving families and children, the medical community, law enforcement, human service providers, and child advocacy organizations to develop and implement a comprehensive, statewide initiative to reduce death and disability resulting from Shaken Baby Syndrome. Said initiative shall include but not be limited to: instituting a patient-education program on Shaken Baby Syndrome prevention for all parents of newborns; instituting education and training programs on the prevention and diagnosis of Shaken Baby Syndrome for other parents, caregivers, physicians and professionals serving children and families; assisting in the development of programs to support and serve victims and families affected by Shaken Baby Syndrome; and conduct surveillance and data collection on the incidence of Shaken Baby Syndrome and traumatic brain injury in infants and young children.

The Department of Public Health may promulgate all rules and regulations necessary to effectuate the purposes of this section.

The Department of Public Health, in collaboration with the Department of Social Services, shall report annually to the Governor, and file with the Clerks of the House of Representatives and Senate, the status of the Shaken Baby Syndrome prevention initiative.

SECTION 3. This act shall take effect upon its passage.











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