SB 46

Under this bill, no person may injure or kill a child under 12 months of age by

cosleeping, while the person is intoxicated, with the child. Under the bill, if the child

suffers bodily harm as a consequence, the person is guilty of a Class H felony, if the

child suffers great bodily harm as a consequence, the person is guilty of a Class F

felony, and if the child dies as a consequence, the person is guilty of a Class D felony.

The bill requires the Child Abuse and Neglect Prevention Board (board) to

purchase, prepare, or arrange with a nonprofit organization to prepare printed and

audiovisual materials relating to cosleeping while intoxicated. The materials must

include information regarding safe sleep and the dangers of cosleeping while

intoxicated. The board must make the materials available to certain entities and

may satisfy that requirement by making the materials available, at no charge, on its

Internet site. Under the bill, the board or nonprofit organization is immune from any

damages resulting from any good faith act or omission in preparing or distributing

the materials.

The bill requires a physician, a nurse-midwife, or another trained, designated

health care provider to provide to a pregnant woman, free of charge and during a

prenatal health care appointment in her third trimester of pregnancy, a copy of the

board's printed materials, and to inform the woman of, and make available to her to

view, the board's audiovisual materials. Under the bill, if after a child is born, the

mother's medical records do not indicate she received the materials at a prenatal

appointment, a physician, a nurse-midwife, a birth attendant, or another trained,

designated health care provider must provide to each parent of the infant who is

present, before the mother is discharged from the hospital or maternity home, a copy

of the printed materials and inform them of the board's audiovisual materials. At

the same time the materials are provided to the mother or parents, the person who

provided the materials must provide the parent with a form, prepared by the board,

that includes a statement that the parent has been advised of the risks of cosleeping

with an infant while that parent is intoxicated and a statement that the parent will

share that information with all persons who provide care for the infant. Under the

bill, a hospital, maternity home, physician, nurse-midwife, other staff member of the

hospital or maternity home, or birth attendant is immune from liability for any

damages resulting from any good faith act or omission in providing the board's

materials and form.

The bill also requires certain individuals and entities to provide the board's

materials to specified individuals. The bill requires each school board to provide or

arrange with a nonprofit organization or health care provider to provide

age-appropriate instruction relating to safe sleep, including dangers of cosleeping

while intoxicated, for pupils in one of grades 10 to 12. A county department or Indian

tribe that provides home visitation services and providers of prenatal, postpartum,

and young child care coordination services must provide to recipients of those