Pediatric Abusive Head Trauma Education Act Exposed

The Pediatric Abusive Head Trauma Education Act is a draft model policy considered by the ALEC Health and Human Services Task Force at the 44th Annual Meeting in July 2017. As of August 4, 2017 it is not known whether this model policy was adopted by the ALEC Board of Directors.

ALEC Bill Text

Summary

Training and education in recognizing and preventing pediatric abusive head trauma shall be integrated in all professional and educational development training for each licensed professional or individual outlined within this Act.

Model Legislation

This act requires training and protocols used to address signs of pediatric abusive head trauma, as is defined in Section 3 of this Act for the following individuals:

• All prospective adoptive parents;
• Peace Officers;
• Employees of child care centers;
• Practicing healthcare professionals practicing in urgent care facilities;
• Pediatricians;
• Radiologists;
• Family Practitioners;
• Trauma Physicians;
• Emergency Medical Physicians;
• Physicians Assistants;
• Paramedics;
• Emergency Medical Technicians or First-Responders;
• Nurses;
• Licensed Social Workers and licensed clinical social workers;
• Foster Parents that will receive placements under the age of five years;
• Students in their final year of study at a {Insert state} high school;
• Practicing inmates in state penitentiaries;
• Local jailers;
• Practicing guardian ad litem attorneys;
• Front-line child protective staff.

Training in recognizing pediatric abusive head trauma may be designed in collaboration with organizations and agencies that specialize in the prevention and recognition of pediatric head trauma approved by the Secretary/Commissioner of the Department for [Insert state] and / or respective medical board that governs the training curriculum and continuing education for certified licensed professionals listed in this Act.

The Department shall make available a one and a half (1.5) hour curriculum that addresses the prevention of pediatric abusive head trauma, as defined in Section 3 of this Act. In addition to presenting the consequences of vigorously shaking an infant or young child, this course shall suggest methods of calming crying infants, techniques for caregivers to use to calm themselves when confronted with an infant that is crying inconsolably, and discuss selecting appropriate care providers for infant children. Training in recognizing pediatric abusive head trauma may be designed in collaboration with organizations and agencies that specialize in the prevention and recognition of pediatric abusive head trauma approved by the secretary of the Department. The Secretary/Commissioner of the Department may promulgate an administrative regulation to implement this Act.

Section 1. Title.

This Act shall be known as the Pediatric Abusive Head Trauma Education Act.

Section 2. Purpose.

The purpose of the Pediatric Abusive Head Trauma Education Act is to educate individuals who may be able to prevent and / or respond to a victim of abusive head trauma.

Section 3. Definitions.

“Department” means the secretary for the Department of State Health Services or equivalent agency that governs the state Foster Care program;

“Pediatric Abusive Head Trauma” means the various injuries or conditions that may result following the vigorous shaking, slamming or impacting the head of an infant or young child. These injuries or conditions, also known as pediatric acquired abusive head trauma, have in the past been called

“Shaken Baby Syndrome” or “Shaken Infant Syndrome.” Pediatric abusive head trauma injuries or conditions have included, but are not limited to the following:

a) Irreversible brain damage;

b) Blindness;

c) Retinal hemorrhage;

d) Eye damage;

e) Cerebral palsy;

f) Hearing loss;

g) Spinal cord injury;

h) Paralysis;

i) Seizures;

j) Learning disability;

k) Death;

l) Central nervous system injury as evidenced by central nervous system hemorrhaging;

m) Closed head injury;

n) Rib fracture; and

o) Subdural hematoma.

“Foster Care” means the provision of temporary twenty-four (24) hour care for a child for a planned period of time when the child is:

a) Removed from his parents or person exercising custodial control or supervision and subsequently placed in the custody of the cabinet; and

b) Placed in a foster home or private child-caring facility or child-placing agency but remains under the supervision of the cabinet.

[Section 4. Repealer Clause]

[Section 5. Severability Clause]

[Section 6. Effective Date]