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PAC/LAC Quality Care for Mothers and Babies
Policy and Legislation - Legislative Update
PAC/LAC


Download the latest MCAH-Related Legislative Update here (updated 7/17/08)

Or, view a complete listing of the status of bills that made it to the Governor's desk in 2007 here.

Previous Public Policy:

Shaken Baby Syndrome Education


Tissue Bank Licensure Laws and Human Milk (SB 246)

Safely Surrendered Baby Law - Newborn Abandonment

Dental Coverage for All Pregnant Women

Shaken Baby Syndrome Education

During the 2005-2006 legislative session, SCR (Senate Concurrent Resolution) 67 was passed to recognize April 16-April 22, 2006, as "Shaken Baby Syndrome Awareness Week.” This legislation reminds us of the importance to educate new parents, child care providers, and others who care for children about Shaken Baby Syndrome (SBS), including the causes and consequences of shaking injuries and the need to be prepared to cope with frustration and anger.

Related legislation amended the CA State Health and Safety code to include sections 24520-24522 outlining the responsibility of health care providers to educate patients about SBS. The bill created a statewide public awareness education campaign on this issue, which discussed the distribution of readily understandable information and instructional materials regarding SBS, explaining its medical effects upon infants and children and emphasizing preventive measures. Under the law, information must be provided free of charge by each health facility to parents or guardians of each newborn upon discharge from the heath facility.

Hospitals should update their policies and procedures to comply with these regulations. More information on hospital requirements can be found in the March 2006 issue of the Joint Commission’s publication “The Source.” Bilingual educational materials for patients are available through the National Center on Shaken Baby Syndrome (www.dontshake.org).

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Tissue Bank Licensure Laws and Human Milk (SB 246)

UPDATE: Governor Schwarzenegger signs SB 246 9/26/06!!!

Current California law requires licensing of facilities as tissue banks in order to collect, process, store, or distribute human milk.  This includes 1) the storage of human milk by a hospital for a mother’s own child; 2) the storage of human milk that has been received from a milk bank; and 3) the collection of milk from donors to be processed for homologous distribution.

PAC/LAC collaborated with the California Hospital Association to co-sponsor Senate Bill 246 (Figueroa): Human Milk, in an attempt to exempt mother’s milk intended for her own child from these requirements.  SB 246 will also exempt human milk to be given to the infant of the woman who expressed the milk from any STD screening test requirements, and require a hospital that collects, processes, stores, or distributes human milk to comply with specified standards set forth on the effective date of the bill. 

SB 246 was signed by Governor Schwarzenegger on September 26, 2006. The exemption will go into effect on January 1, 2007. For more information on how this new law will impact your hospital, please contact PAC/LAC. For sample documents from the advocacy campaign and tips on communicating with your legislators, please review our current advocacy activities.

SB 246 / 1785 E-mail Alerts:

September 26, 2006 – Governor Schwarzenegger signs SB 246!!!
August 29, 2006 – On to the Governor! SB 246 passed Senate!!
August 28, 2006 – SB 246 Update: Senate Floor
August 23 , 2006 – SB 246 PASSES ASSEMBLY!
August 18 , 2006 – SB 246: On its way to the Assembly Floor
August 17 , 2006 – Good News on SB 246! Out of Suspense
August 15 , 2006 – SB 246 - Action Alert Suspense File Vote
August 11, 2006 – Suspense File Hearing Aug 17th
August 8, 2006 – Appropriations Suspense File
July 17, 2006 – Assembly Appropriations Set Aug 9th
June 28, 2006 – SB 246 passes Assembly Health!
June 22, 2006 – Assembly Health Committee Set June 27th
June 9 , 2006 – Update - New Bill Number: SB 246
May 31, 2006
– Update - Senator Figueroa Will Move Bill Forward
May 23, 2006
– Appropriations Committee Suspense File
May 10, 2006 – Press Release: SB 1785 Passes Senate Health Committee
April 28, 2006 – Senate Health Committee Re-scheduled May 10th
April 18, 2006 – Senate Health Committee Re-scheduled May 3rd
April 14, 2006
– Senate Health Committee Set April 19th

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Safely Surrendered Baby Law – Newborn Abandonment

In January 2001, California enacted the Safely Surrendered Baby (SSB) Law in hopes that by allowing a parent to safely surrender a baby to an employee at a hospital or other site designated by the Board of Supervisors, those who believe they have no other option but to abandon a baby in an unsafe manner will take this step of last resort, thus ensuring their baby’s safety and their freedom from prosecution.

Health and Safety Code Section 1255.7 and Penal Code Section 271.5 currently state that:

“…No parent or other individual with lawful custody of a minor child 72 hours old or younger may be prosecuted for a violation of Section 270, 270.5, 271 or 271a if he or she voluntarily surrenders physical custody of the child to personnel on duty at a safe surrender site…”

In Los Angeles, newborns can be safely and confidentially given up at any Los Angeles County hospital emergency room or fire station, as long as the baby has not been abused or neglected.

For more information about this law, please review the Safely Surrendered Baby Law Frequently Asked Questions.  To find a Safe Surrender site near you, call 1-877-BABY SAFE (1-877-150-9723) or visit www.babysafela.org.

Safely Surrendered Baby Law and Prevention of Infant Abandonment:
Los Angeles County Hospital Training

PAC/LAC hosted a Countywide hospital training on the SSB Law in Los Angles with the sponsorship of the Los Angles County Department of Health Services – Maternal, Child, and Adolescent Health Branch on June 20, 2006.  The training was geared towards hospital-based social workers, labor and delivery nurses, emergency room staff, educators/trainers, and administrators.
                                   
All hospitals with Emergency Rooms who did not send emergency and social work departmental representatives were mailed a CD-ROM with all the training materials. Please see the agenda for training modules covered.

For more information please contact Andrea Hoberman.

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Dental Coverage for All Pregnant Women

Recent scientific evidence has shown an association between periodontal disease in pregnant women and adverse birth outcomes, including preterm delivery and low birth weight infants. The American Dental Association recommends that pregnant women see a dentist regularly for oral exams and professional teeth cleanings to help maintain the overall health of expectant mothers and their babies.

In order to make sure that all pregnant women have access to these types of services, SB 377 (Ortiz) was signed into law on October 7, 2005, requiring the immediate implementation of ten preventive dental benefits for all pregnant women, regardless of immigration status and including those with “limited scope” Medi-Cal.  These benefits may be obtained during pregnancy and up to 60 days postpartum.  This coverage applies to minors with “Minor Consent” or “Sensitive Services” Medi-Cal, women who are on Presumptive Eligibility Medi-Cal (PE), and women in the frequently-used Medi-Cal aid code, 3V, among others.  In addition to preventive services, such as basic dental exams, cleanings, and follow-up treatment for gum disease, these women also qualify for emergency dental services.

For more information about Denti-Cal services during pregnancy, please contact MCH Access (ask for Lynn, Liz, Donald, or Celia) at 213-749-4261.

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