EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0059*
SENATE BILL 59
J1, J3, O4 4lr1355
(PRE–FILED)
By: Senator Ellis
Requested: October 31, 2023
Introduced and read first time: January 10, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Safe Sleep for Infants – Awareness and Certification 2
FOR the purpose of requiring the Maryland Department of Health to develop and 3
implement a public awareness campaign to promote education regarding safe sleep 4
for infants; establishing the Maryland Safe Sleep Certification Program and 5
requiring child care centers to be certified by the Program; requiring hospitals and 6
freestanding birthing centers to be certified by a certain safe sleep certification 7
program; and generally relating to safe sleep for infants. 8
BY adding to 9
Article – Health – General 10
Section 13–5201 through 13–5203 to be under the new subtitle “Subtitle 52. Safe 11
Sleep Certification Program”; 19–310.4 and 19–3B–03.1; and 20–2401 to be 12
under the new subtitle “Subtitle 24. Safe Sleep for Infants Public Awareness” 13
Annotated Code of Maryland 14
(2023 Replacement Volume) 15
BY repealing and reenacting, without amendments, 16
Article – Education 17
Section 9.5–401(a) and (c) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – Education 22
Section 9.5–405(g) 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26 2 SENATE BILL 59
Article – Education 1
Section 9.5–418 2
Annotated Code of Maryland 3
(2022 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, without amendments, 5
Article – Health – General 6
Section 19–301(a) and (f) and 19–3B–01(a) and (d) 7
Annotated Code of Maryland 8
(2023 Replacement Volume) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Health – General 12
SUBTITLE 24. SAFE SLEEP FOR INFANTS PUBLIC AWARENESS. 13
20–2401. 14
(A) THE DEPARTMENT SHALL DEVELOP AND IM PLEMENT A PUBLIC 15
AWARENESS CAMPAIGN T O PROMOTE EDUCATION REGARDING SAFE SLEEP FOR 16
INFANTS. 17
(B) TO IMPLEMENT THE PUBLIC AWARENESS CAMPAIGN, THE 18
DEPARTMENT SHALL : 19
(1) REACH OUT TO THE GENE RAL PUBLIC AND SPECI FIC 20
POPULATIONS DETERMIN ED TO BE AT HIGH RIS K FOR SUDDEN UNEXPECTED INFANT 21
DEATH OR SUDDEN INFANT DEATH SYNDROME AND MOST IN NEED OF EDUCATION 22
REGARDING SAFE SLEEP FOR INFAN TS; 23
(2) DISSEMINATE PLAIN –LANGUAGE MESSAGING THROUGH VARIOUS 24
MEDIA AND MODES OF COMMUNICATI ON; 25
(3) COLLABORATE WITH THE DEPARTMENT OF HUMAN SERVICES TO 26
PROMOTE BEST PRACTICES AND E DUCATION FOR PARENTS , GUARDIANS, AND 27
OTHER CAREGIVERS OF INFANTS; 28
(4) PLACE EDUCATIONAL MAT ERIALS IN RELEVANT H EALTH CARE 29
FACILITIES, INCLUDING LABOR AND DELIVERY UNITS IN HO SPITALS AND BIRTHING 30
CENTERS; AND 31
(5) PARTNER WITH LOCAL HE ALTH DEPARTMENTS , HEALTH CARE 32
PROVIDERS, INSTITUTIONS OF HIGH ER EDUCATION , NONPROFIT ORGANIZATIONS, 33 SENATE BILL 59 3
AND OTHER RELEVANT E NTITIES. 1
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 2
as follows: 3
Article – Education 4
9.5–401. 5
(a) In this subtitle the following words have the meanings indicated. 6
(c) (1) “Child care center” means an agency, institution, or establishment that, 7
for part or all of a day, or on a 24–hour basis on a regular schedule, and at least twice a 8
week, offers or provides child care to children who do not have the same parentage except 9
as otherwise provided for in law or regulation. 10
(2) “Child care center” shall include a nonpublic nursery school in which 11
an instructional program is offered or provided for children who are under the age of 5 12
years. 13
(3) “Child care center” does not include: 14
(i) A nonpublic kindergarten in which an instructional program is 15
offered or provided for children who are at least 5 years old; 16
(ii) A nonpublic elementary school in which an instructional 17
program is offered or provided for children who are in grades 1 through 8; 18
(iii) A child care home, a child care institution, or other child care 19
facility that offers or provides a residential placement for a child and is established, 20
licensed, or registered under this title, Title 9 of the Human Services Article, or Title 10 of 21
the Health – General Article; or 22
(iv) A family child care home or large family child care home that is 23
required to be registered or is registered under this title. 24
9.5–405. 25
(G) (1) A CHILD CARE CENTER SH ALL BE CERTIFIED BY THE MARYLAND 26
SAFE SLEEP CERTIFICATION PROGRAM. 27
(2) A CHILD CARE CENTER CE RTIFIED BY THE MARYLAND SAFE 28
SLEEP CERTIFICATION PROGRAM SHALL SUBMIT PROOF O F THE CERTIFICATION TO 29
THE PROGRAM AND THE DEPARTMENT . 30
9.5–418. 31 4 SENATE BILL 59
(a) Except as provided in subsection (b) of this section and subject to the 1
provisions of subsection (d) of this section, a person who violates any provision of this 2
subtitle or any rule or regulation adopted under this subtitle is subject to a civil penalty 3
imposed in a civil action not exceeding $1,000 for each violation. 4
(b) A person who violates § 9.5–405(a), [or] (e), OR (G) or § 9.5–416 of this subtitle 5
and is served a civil citation under that section is subject to a civil penalty as follows: 6
(1) $250 for the first violation; 7
(2) $500 for the second violation; and 8
(3) $1,000 for the third and each subsequent violation. 9
(c) Each day a violation occurs is a separate violation under this section. 10
(d) The total amount of civil penalties imposed in an action under this section 11
may not exceed $5,000. 12
Article – Health – General 13
SUBTITLE 52. SAFE SLEEP CERTIFICATION PROGRAM. 14
13–5201. 15
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANING S 16
INDICATED. 17
(B) “CHILD CARE CENTER ” HAS THE MEANING STAT ED IN § 9.5–401 OF THE 18
EDUCATION ARTICLE. 19
(C) “PROGRAM” MEANS THE MARYLAND SAFE SLEEP CERTIFICATION 20
PROGRAM. 21
(D) “SAFE SLEEP BEST PRACT ICES” MEANS BEST PRACTICES FOR KEEPING 22
AN INFANT SAFE AND H EALTHY WHILE THE INF ANT IS SLEEPING, THOUGHT TO BE 23
SLEEPING, OR IN A SLEEPING ARE A. 24
13–5202. 25
(A) THERE IS A MARYLAND SAFE SLEEP CERTIFICATION PROGRAM WITHIN 26
THE DEPARTMENT . 27
(B) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 28 SENATE BILL 59 5
(C) (1) THE PROGRAM, IN COLLABORATION WIT H CRIBS FOR KIDS, 1
SHALL ESTABLISH CERT IFICATION STANDARDS FOR CHILD CARE CENTE RS THAT 2
ARE IN ACCORDANCE WI TH SAFE SLEEP BEST P RACTICES. 3
(2) THE PROGRAM SHALL : 4
(I) CERTIFY A CHILD CARE CENTER TH AT DEMONSTRATE S 5
COMPLIANCE WITH THE CERTIFICATION STANDARDS ESTABLISHE D BY THE 6
PROGRAM UNDER PARAGRAPH (1) OF THIS SUBSECTION ; AND 7
(II) RETAIN A COPY OF EACH CERTIFICATION . 8
(D) THE PROGRAM SHALL EVALUAT E CHILD CARE CENTERS FOR 9
COMPLIANCE WITH SAFE SLEEP BEST PRACTICES . 10
(E) THE PROGRAM SHALL PROVIDE RESOURCES TO HELP CH ILD CARE 11
CENTERS ADOPT AND MA INTAIN SAFE SLEEP BE ST PRACTICES. 12
13–5203. 13
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CARRY OUT THIS 14
SUBTITLE. 15
19–301. 16
(a) In this subtitle the following words have the meanings indicated. 17
(f) “Hospital” means an institution that: 18
(1) Has a group of at least 5 physicians who are organized as a medical 19
staff for the institution; 20
(2) Maintains facilities to provide, under the supervision of the medical 21
staff, diagnostic and treatment services for 2 or more unrelated individuals; and 22
(3) Admits or retains the individuals for overnight care. 23
19–310.4. 24
(A) A HOSPITAL SHALL BE CE RTIFIED BY THE CRIBS FOR KIDS’ NATIONAL 25
SAFE SLEEP HOSPITAL CERTIFICATION PROGRAM AT LEAST AT THE BRON ZE 26
LEVEL. 27
(B) A HOSPITAL CERTIFIE D BY THE CRIBS FOR KIDS’ NATIONAL SAFE 28 6 SENATE BILL 59
SLEEP HOSPITAL CERTIFICATION PROGRAM SHALL SUBMIT PROOF O F THE 1
CERTIFICATION TO THE SECRETARY. 2
19–3B–01. 3
(a) In this subtitle the following words have the meanings indicated. 4
(d) (1) “Freestanding birthing center” means a facility that provides nurse 5
midwife services under Title 8, Subtitle 6 of the Health Occupations Article. 6
(2) “Freestanding birthing center” does not include: 7
(i) A hospital regulated under Subtitle 2 of this title; or 8
(ii) The private residence of the mother. 9
19–3B–03.1. 10
(A) A FREESTANDING BIRTHIN G CENTER SHALL BE CERTIFIED B Y THE 11
CRIBS FOR KIDS’ NATIONAL SAFE SLEEP HOSPITAL CERTIFICATION PROGRAM AT 12
LEAST AT THE BRONZE LEVEL. 13
(B) A FREESTANDING BIRTHIN G CENTER CERTIFIED BY THE CRIBS FOR 14
KIDS’ NATIONAL SAFE SLEEP HOSPITAL CERTIFICATION PROGRAM SHALL SUBMIT 15
PROOF OF THE CERTIFI CATION TO THE SECRETARY. 16
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 17
effect October 1, 2025. 18
SECTION 4. AND BE IT FURTHER ENACTED, That , except as provided in Section 19
3 of this Act, this Act shall take effect October 1, 2024. 20