MD
Maryland Senate Bill SB59

Maryland 2024 Regular Session

Maryland Senate Bill SB59 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 879
21
3-– 1 –
4-Chapter 879
5-(Senate Bill 59)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0059*
89
9-Safe Sleep for Infants – Awareness and Certification
10-Hospitals – Care of Infants After Discharge
11-(Safe Sleep Act of 2024)
10+SENATE BILL 59
11+J1, J3, O4 4lr1355
12+ (PRE–FILED)
13+By: Senator Ellis Senators Ellis, McCray, Beidle, Gile, Hayes, Klausmeier, Kramer,
14+Lam, Ready, and A. Washington
15+Requested: October 31, 2023
16+Introduced and read first time: January 10, 2024
17+Assigned to: Finance
18+Committee Report: Favorable with amendments
19+Senate action: Adopted
20+Read second time: March 2, 2024
1221
13-FOR the purpose of requiring the Maryland Department of Health to develop and
14-implement a public awareness campaign to promote education regarding safe sleep
15-for infants; establishing the Maryland Safe Sleep Certification Program and
16-requiring child care centers to be certified by the Program; requiring hospitals and
17-freestanding birthing centers to be certified by a certain safe sleep certification
18-program; and generally relating to safe sleep for infants a hospital to take certain
19-actions relating to the care of infants as soon as practicable before the hospital
20-discharges an infant after the birth of the infant, including providing oral and
21-written educational resources to the parent or legal guardian on how to provide a
22-safe sleep environment and providing a list of resources available for an infant’s
23-parent or legal guardian; requiring a hospital, on or before a certain date each year,
24-to establish a process for providing certain educational resources and confirming
25-receipt of the resources; requiring the Maryland Department of Health to develop a
26-list of resources available for an infant’s parent or legal guardian; and generally
27-relating to the care of infants after discharge from a hospital.
22+CHAPTER ______
2823
29-BY adding to
30- Article – Health – General
31-Section 13–5201 through 13–5203 to be under the new subtitle “Subtitle 52. Safe
32-Sleep Certification Program”; 19–310.4 and 19–3B–03.1; and 20–2401 to be
33-under the new subtitle “Subtitle 24. Safe Sleep for Infants Public Awareness”
34- 19–308.10
35- Annotated Code of Maryland
36- (2023 Replacement Volume)
24+AN ACT concerning 1
3725
38-BY repealing and reenacting, without amendments,
39- Article – Education
40-Section 9.5–401(a) and (c)
41- Annotated Code of Maryland
42- (2022 Replacement Volume and 2023 Supplement)
26+Safe Sleep for Infants – Awareness and Certification 2
27+Hospitals – Care of Infants After Discharge 3
28+(Safe Sleep Act of 2024) 4
4329
44-BY adding to
45- Article – Education
46-Section 9.5–405(g)
47- Annotated Code of Maryland
48- (2022 Replacement Volume and 2023 Supplement)
49- Ch. 879 2024 LAWS OF MARYLAND
30+FOR the purpose of requiring the Maryland Department of Health to develop and 5
31+implement a public awareness campaign to promote education regarding safe sleep 6
32+for infants; establishing the Maryland Safe Sleep Certification Program and 7
33+requiring child care centers to be certified by the Program; requiring hospitals and 8
34+freestanding birthing centers to be certified by a certain safe sleep certification 9
35+program; and generally relating to safe sleep for infants a hospital to take certain 10
36+actions relating to the care of infants as soon as practicable before the hospital 11
37+discharges an infant after the birth of the infant, including providing oral and 12
38+written educational resources to the parent or legal guardian on how to provide a 13
39+safe sleep environment and providing a list of resources available for an infant’s 14
40+parent or legal guardian; requiring a hospital, on or before a certain date each year, 15
41+to establish a process for providing certain educational resources and confirming 16
42+receipt of the resources; requiring the Maryland Department of Health to develop a 17
43+list of resources available for an infant’s parent or legal guardian; and generally 18
44+relating to the care of infants after discharge from a hospital. 19
5045
51-– 2 –
52-BY repealing and reenacting, with amendments,
53- Article – Education
54-Section 9.5–418
55- Annotated Code of Maryland
56- (2022 Replacement Volume and 2023 Supplement)
46+BY adding to 20
47+ Article – Health – General 21 2 SENATE BILL 59
5748
58-BY repealing and reenacting, without amendments,
59- Article – Health – General
60-Section 19–301(a) and (f) and 19–3B–01(a) and (d)
61- Annotated Code of Maryland
62- (2023 Replacement Volume)
6349
64- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
65-That the Laws of Maryland read as follows:
50+Section 13–5201 through 13–5203 to be under the new subtitle “Subtitle 52. Safe 1
51+Sleep Certification Program”; 19–310.4 and 19–3B–03.1; and 20–2401 to be 2
52+under the new subtitle “Subtitle 24. Safe Sleep for Infants Public Awareness” 3
53+ 19–308.10 4
54+ Annotated Code of Maryland 5
55+ (2023 Replacement Volume) 6
6656
67-Article – Health – General
57+BY repealing and reenacting, without amendments, 7
58+ Article – Education 8
59+Section 9.5–401(a) and (c) 9
60+ Annotated Code of Maryland 10
61+ (2022 Replacement Volume and 2023 Supplement) 11
6862
69-19–308.10.
63+BY adding to 12
64+ Article – Education 13
65+Section 9.5–405(g) 14
66+ Annotated Code of Maryland 15
67+ (2022 Replacement Volume and 2023 Supplement) 16
7068
71- (A) IN THIS SECTION, “SAFE SLEEP ENVIRONME NT” MEANS, AS DESCRIBED
72-IN THE MOST RECENT AMERICAN ACADEMY OF PEDIATRICS POLICY STA TEMENTS,
73-AN ENVIRONMENT IN WH ICH A NEWBORN MAY SL EEP THAT REDUCES THE RISK OF
74-SLEEP–RELATED INFANT DEATH S, INCLUDING THROUGH :
69+BY repealing and reenacting, with amendments, 17
70+ Article – Education 18
71+Section 9.5–418 19
72+ Annotated Code of Maryland 20
73+ (2022 Replacement Volume and 2023 Supplement) 21
7574
76- (1) THE USE OF SUPINE POS ITIONING;
75+BY repealing and reenacting, without amendments, 22
76+ Article – Health – General 23
77+Section 19–301(a) and (f) and 19–3B–01(a) and (d) 24
78+ Annotated Code of Maryland 25
79+ (2023 Replacement Volume) 26
7780
78- (2) THE USE OF A FIRM, FLAT SLEEP SURFACE ;
81+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
82+That the Laws of Maryland read as follows: 28
7983
80- (3) THE USE OF ROOM SHARI NG WITHOUT BED SHARI NG;
84+Article – Health – General 29
8185
82- (4) THE AVOIDANCE OF SOFT BEDDING AND OVERHEAT ING; AND
86+19–308.10. 30
8387
84- (5) THE AVOIDANCE OF EXPO SURE TO SMOKE .
88+ (A) IN THIS SECTION, “SAFE SLEEP ENVIRONME NT” MEANS, AS DESCRIBED 31
89+IN THE MOST RECENT AMERICAN ACADEMY OF PEDIATRICS POLICY STA TEMENTS, 32
90+AN ENVIRONMENT IN WH ICH A NEWBORN MAY SL EEP THAT REDUCES THE RISK OF 33
91+SLEEP–RELATED INFANT DEATH S, INCLUDING THROUGH : 34
8592
86- (B) (1) AS SOON AS PRACTICABL E BEFORE A HOSPITAL DISCHARGES AN
87-INFANT AFTER THE BIR TH OF THE INFANT , THE HOSPITAL SHALL P ROVIDE ORAL
88-AND WRITTEN EDUCATIO NAL RESOURCES TO THE PARENT OR LEGAL GUAR DIAN ON
89-HOW TO PROVIDE A SAFE SLEEP ENVIRON MENT.
93+ (1) THE USE OF SUPINE POS ITIONING; 35
9094
91- (2) THE ORAL AND WRITTEN EDUCATIONAL RESOURCE S REQUIRED
92-UNDER PARAGRAPH (1) OF THIS SUBSECTION M AY BE SUPPLEMENTED B Y AN
93-EDUCATIONAL VIDEO.
94- WES MOORE, Governor Ch. 879
95+ (2) THE USE OF A FIRM, FLAT SLEEP SURFACE ; 36 SENATE BILL 59 3
9596
96-– 3 –
97- (C) (1) AS SOON AS PRACTICABL E BEFORE DISCHARGING AN INFAN T
98-AFTER THE BIRTH OF T HE INFANT, A HOSPITAL SHALL :
9997
100- (I) ASK THE INFANT ’S PARENT OR LEGAL GU ARDIAN TO
101-DESCRIBE THE SLEEP E NVIRONMENT THAT THE PARENT OR LEGAL GUAR DIAN WILL
102-PROVIDE AT HOME ;
10398
104- (II) INFORM THE PARENT OR LEGAL GUARDIAN OF TH E
105-IMPORTANCE OF ENSURI NG THAT THE INFANT HAS A SAFE SLEEP ENV IRONMENT
106-AND THE RISKS OF SUF FOCATION AND SUDDEN INFANT DEATH IN UNSA FE SLEEP
107-ENVIRONMENTS ; AND
99+ (3) THE USE OF ROOM SHARI NG WITHOUT BED SHARI NG; 1
108100
109- (III) DOCUMENT THAT THE EDU CATIONAL RESOURCES
110-DESCRIBED UNDER SUBSECTION (B) OF THIS SECTION AND THE INFORMATION
111-DESCRIBED UNDER ITEM (II) OF THIS PARAGRAPH WE RE PROVIDED TO THE P ARENT
112-OR LEGAL GUARDIAN .
101+ (4) THE AVOIDANCE OF SOFT BEDDING AND OVERHEAT ING; AND 2
113102
114- (2) THE HOSPITAL SHALL PROVI DE A LIST OF RESOURC ES AVAILABLE
115-FOR THE PARENT OR LE GAL GUARDIAN TO OBTA IN THE ITEMS NECESSA RY TO
116-PROVIDE A SAFE SLEEP ENVIRONMENT FOR THE INFANT.
103+ (5) THE AVOIDANCE OF EXPO SURE TO SMOKE . 3
117104
118- (D) ON OR BEFORE JANUARY 1, 2025, EACH HOSPITAL SHALL ESTABLISH A
119-PROCESS FOR:
105+ (B) (1) AS SOON AS PRACTICABL E BEFORE A HOSPITAL DISCHARGES AN 4
106+INFANT AFTER THE BIRTH OF THE INFANT , THE HOSPITAL SHALL P ROVIDE ORAL 5
107+AND WRITTEN EDUCATIO NAL RESOURCES TO THE PARENT OR LEGAL GUAR DIAN ON 6
108+HOW TO PROVIDE A SAF E SLEEP ENVIRONMENT . 7
120109
121- (1) PROVIDING EACH PARENT OR LEGAL GUARDIAN WI TH:
110+ (2) THE ORAL AND WRITTEN EDUCATIONAL RESOURCE S REQUIRED 8
111+UNDER PARAGRAPH (1) OF THIS SUBSECTION M AY BE SUPPLEMENTED B Y AN 9
112+EDUCATIONAL VIDEO. 10
122113
123- (I) ORAL AND WRITTEN EDUC ATIONAL RESOURCES AS
124-REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION; AND
114+ (C) (1) AS SOON AS PRACTICABL E BEFORE DISCHARGING AN INFAN T 11
115+AFTER THE BIRTH OF T HE INFANT, A HOSPITAL SHALL : 12
125116
126- (II) THE INFORMATION DESC RIBED UNDER SUBSECTI ON
127-(C)(1)(II) OF THIS SECTION;
117+ (I) ASK THE INFANT ’S PARENT OR LEGAL GU ARDIAN TO 13
118+DESCRIBE THE SLEEP ENVIRONMENT THAT THE PARENT OR LEGAL GUAR DIAN WILL 14
119+PROVIDE AT HOME ; 15
128120
129- (2) A PARENT OR LEGAL GUAR DIAN TO CONFIRM THE RECEIPT OF
130-THE EDUCATIONAL RESO URCES PROVIDED UNDER SUBSECTION (B) OF THIS
131-SECTION; AND
121+ (II) INFORM THE PARENT OR LEGAL GUARDIAN OF TH E 16
122+IMPORTANCE OF ENSURI NG THAT THE INFANT H AS A SAFE SLEEP ENVI RONMENT 17
123+AND THE RISKS OF SUF FOCATION AND SUDDEN INFANT DEATH IN UNSA FE SLEEP 18
124+ENVIRONMENTS ; AND 19
132125
133- (3) MAINTAINING RECORDS O F CONFIRMATIONS MADE UNDER ITEM
134-(2) OF THIS SUBSECTION .
126+ (III) DOCUMENT THAT THE EDU CATIONAL RESOURCES 20
127+DESCRIBED UNDER SUBSECTION (B) OF THIS SECTION AND THE INFORMATION 21
128+DESCRIBED UNDER ITEM (II) OF THIS PARAGRAPH WE RE PROVIDED TO THE P ARENT 22
129+OR LEGAL GUARDIAN . 23
135130
136- (E) (1) ON OR BEFORE JANUARY 1, 2025, THE DEPARTMENT , IN
137-CONSULTATION WITH LO CAL HEALTH OFFICERS , SHALL DEVELOP FOR
138-DISTRIBUTION TO BIRT HING PARENTS AND LEG AL GUARDIANS A LIST OF
139-RESOURCES AVAILABLE BY COUNTY TO OBTAIN THE ITEMS NECESSAR Y TO PROVIDE
140-A SAFE SLEEP ENVIRON MENT FOR AN INFANT . Ch. 879 2024 LAWS OF MARYLAND
131+ (2) THE HOSPITAL SHALL PROVIDE A LIST OF RE SOURCES AVAILABLE 24
132+FOR THE PARENT OR LE GAL GUARDIAN TO OBTA IN THE ITEMS NECESSA RY TO 25
133+PROVIDE A SAFE SLEEP ENVIRONMENT FOR THE INFANT. 26
141134
142-– 4 –
135+ (D) ON OR BEFORE JANUARY 1, 2025, EACH HOSPITAL SHALL ESTABLISH A 27
136+PROCESS FOR: 28
143137
144- (2) EACH LOCAL HEALTH DEP ARTMENT SHALL PROVID E AN UPDATED
145-LIST OF RESOURCES TO THE DEPARTMENT EACH YEAR TO ASSIST THE DEPARTMENT
146-IN DEVELOPING THE LI ST OF RESOURCES REQU IRED UNDER PARAGRAPH (1) OF
147-THIS SUBSECTION .
138+ (1) PROVIDING EACH PARENT OR LEGAL GUAR DIAN WITH: 29
148139
149-SUBTITLE 24. SAFE SLEEP FOR INFANTS PUBLIC AWARENESS.
140+ (I) ORAL AND WRITTEN EDUC ATIONAL RESOURCES AS 30
141+REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION; AND 31 4 SENATE BILL 59
150142
151-20–2401.
152143
153- (A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC
154-AWARENESS CAMPAIGN T O PROMOTE EDUCATION REGARDING SAFE SLEEP FOR
155-INFANTS.
156144
157- (B) TO IMPLEMENT THE PUBL IC AWARENESS CAMPAIGN, THE
158-DEPARTMENT SHALL :
145+ (II) THE INFORMATION DESCR IBED UNDER SUBSECTIO N 1
146+(C)(1)(II) OF THIS SECTION; 2
159147
160- (1) REACH OUT TO THE GENE RAL PUBLIC AND SPECI FIC
161-POPULATIONS DETERMIN ED TO BE AT HIGH RIS K FOR SUDDEN UNEXPEC TED INFANT
162-DEATH OR SUDDEN INFANT DEATH SYNDROME AND MOST IN NEED OF EDUCATION
163-REGARDING SAFE SLEEP FOR INFANTS;
148+ (2) A PARENT OR LEGAL GUAR DIAN TO CONFIR M THE RECEIPT OF 3
149+THE EDUCATIONAL RESO URCES PROVIDED UNDER SUBSECTION (B) OF THIS 4
150+SECTION; AND 5
164151
165- (2) DISSEMINATE PLAIN –LANGUAGE MESSAGING T HROUGH VARIOUS
166-MEDIA AND MODES OF C OMMUNICATION ;
152+ (3) MAINTAINING RECORDS O F CONFIRMATIONS MADE UNDER ITEM 6
153+(2) OF THIS SUBSECTION . 7
167154
168- (3) COLLABORATE WITH THE DEPARTMENT OF HUMAN SERVICES TO
169-PROMOTE BEST PRACTIC ES AND EDUCATION FOR PARENTS, GUARDIANS, AND
170-OTHER CAREGIVERS OF INFANTS;
155+ (E) (1) ON OR BEFORE JANUARY 1, 2025, THE DEPARTMENT , IN 8
156+CONSULTATION WITH LOCAL HEALTH OFFICER S, SHALL DEVELOP FOR 9
157+DISTRIBUTION TO BIRT HING PARENTS AND LEG AL GUARDIANS A LIST OF 10
158+RESOURCES AVAILABLE BY COUNTY TO OBTAIN THE ITEMS NECESSARY TO PROVIDE 11
159+A SAFE SLEEP ENVIRON MENT FOR AN INFANT . 12
171160
172- (4) PLACE EDUCATIONAL MAT ERIALS IN RELEVANT H EALTH CARE
173-FACILITIES, INCLUDING LABOR AND DELIVERY UNITS IN HO SPITALS AND BIRTHING
174-CENTERS; AND
161+ (2) EACH LOCAL HEALTH DEP ARTMENT SHALL PROVIDE AN UPDATED 13
162+LIST OF RESOURCES TO THE DEPARTMENT EACH YEAR TO ASSIST THE DEPARTMENT 14
163+IN DEVELOPING THE LI ST OF RESOURCES REQU IRED UNDER PARAGRAPH (1) OF 15
164+THIS SUBSECTION . 16
175165
176- (5) PARTNER WITH LOCAL HE ALTH DEPARTMENTS , HEALTH CARE
177-PROVIDERS, INSTITUTIONS OF HIGH ER EDUCATION , NONPROFIT ORGANIZATIONS ,
178-AND OTHER RELEVANT E NTITIES.
166+SUBTITLE 24. SAFE SLEEP FOR INFANTS PUBLIC AWARENESS. 17
179167
180- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
181-as follows:
168+20–2401. 18
182169
183-Article – Education
170+ (A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC 19
171+AWARENESS CAMPAIGN T O PROMOTE EDUCATION REGARDING SAFE SLEEP FOR 20
172+INFANTS. 21
184173
185-9.5–401.
186- WES MOORE, Governor Ch. 879
174+ (B) TO IMPLEMENT THE PUBL IC AWARENESS CAMPAIG N, THE 22
175+DEPARTMENT SHALL : 23
187176
188-– 5 –
189- (a) In this subtitle the following words have the meanings indicated.
177+ (1) REACH OUT TO THE GENE RAL PUBLIC AND SPECI FIC 24
178+POPULATIONS DETERMIN ED TO BE AT HIGH RIS K FOR SUDDEN UNEXPEC TED INFANT 25
179+DEATH OR SUDDEN INFANT DEATH SYNDROME AND MOST IN NEED OF EDUCATION 26
180+REGARDING SAFE SLEEP FOR INFANTS; 27
190181
191- (c) (1) “Child care center” means an agency, institution, or establishment that,
192-for part or all of a day, or on a 24–hour basis on a regular schedule, and at least twice a
193-week, offers or provides child care to children who do not have the same parentage except
194-as otherwise provided for in law or regulation.
182+ (2) DISSEMINATE PLAIN –LANGUAGE MESSAGING T HROUGH VARIOUS 28
183+MEDIA AND MODES OF C OMMUNICATION; 29
195184
196- (2) “Child care center” shall include a nonpublic nursery school in which
197-an instructional program is offered or provided for children who are under the age of 5
198-years.
185+ (3) COLLABORATE WITH THE DEPARTMENT OF HUMAN SERVICES TO 30
186+PROMOTE BEST PRACTIC ES AND EDUCATION FOR PARENTS, GUARDIANS, AND 31
187+OTHER CAREGIVERS OF INFANTS; 32 SENATE BILL 59 5
199188
200- (3) “Child care center” does not include:
201189
202- (i) A nonpublic kindergarten in which an instructional program is
203-offered or provided for children who are at least 5 years old;
204190
205- (ii) A nonpublic elementary school in which an instructional
206-program is offered or provided for children who are in grades 1 through 8;
191+ (4) PLACE EDUCATIONAL MAT ERIALS IN RELEVANT H EALTH CARE 1
192+FACILITIES, INCLUDING LABOR AND DELIVERY UNITS IN HO SPITALS AND BIRTHING 2
193+CENTERS; AND 3
207194
208- (iii) A child care home, a child care institution, or other child care
209-facility that offers or provides a residential placement for a child and is established,
210-licensed, or registered under this title, Title 9 of the Human Services Article, or Title 10 of
211-the Health – General Article; or
195+ (5) PARTNER WITH LOCAL HE ALTH DEPARTMENTS , HEALTH CARE 4
196+PROVIDERS, INSTITUTIONS OF HIGH ER EDUCATION , NONPROFIT ORGANIZATI ONS, 5
197+AND OTHER RELEVANT E NTITIES. 6
212198
213- (iv) A family child care home or large family child care home that is
214-required to be registered or is registered under this title.
199+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
200+as follows: 8
215201
216-9.5–405.
202+Article – Education 9
217203
218- (G) (1) A CHILD CARE CENTER SH ALL BE CERTIFIED BY THE MARYLAND
219-SAFE SLEEP CERTIFICATION PROGRAM.
204+9.5–401. 10
220205
221- (2) A CHILD CARE CENTER CE RTIFIED BY THE MARYLAND SAFE
222-SLEEP CERTIFICATION PROGRAM SHALL SUBMIT PROOF OF THE CERTIFI CATION TO
223-THE PROGRAM AND THE DEPARTMENT .
206+ (a) In this subtitle the following words have the meanings indicated. 11
224207
225-9.5–418.
208+ (c) (1) “Child care center” means an agency, institution, or establishment that, 12
209+for part or all of a day, or on a 24–hour basis on a regular schedule, and at least twice a 13
210+week, offers or provides child care to children who do not have the same parentage except 14
211+as otherwise provided for in law or regulation. 15
226212
227- (a) Except as provided in subsection (b) of this section and subject to the
228-provisions of subsection (d) of this section, a person who violates any provision of this
229-subtitle or any rule or regulation adopted under this subtitle is subject to a civil penalty
230-imposed in a civil action not exceeding $1,000 for each violation.
213+ (2) “Child care center” shall include a nonpublic nursery school in which 16
214+an instructional program is offered or provided for children who are under the age of 5 17
215+years. 18
231216
232- (b) A person who violates § 9.5–405(a), [or] (e), OR (G) or § 9.5–416 of this subtitle
233-and is served a civil citation under that section is subject to a civil penalty as follows:
234- Ch. 879 2024 LAWS OF MARYLAND
217+ (3) “Child care center” does not include: 19
235218
236-– 6 –
237- (1) $250 for the first violation;
219+ (i) A nonpublic kindergarten in which an instructional program is 20
220+offered or provided for children who are at least 5 years old; 21
238221
239- (2) $500 for the second violation; and
222+ (ii) A nonpublic elementary school in which an instructional 22
223+program is offered or provided for children who are in grades 1 through 8; 23
240224
241- (3) $1,000 for the third and each subsequent violation.
225+ (iii) A child care home, a child care institution, or other child care 24
226+facility that offers or provides a residential placement for a child and is established, 25
227+licensed, or registered under this title, Title 9 of the Human Services Article, or Title 10 of 26
228+the Health – General Article; or 27
242229
243- (c) Each day a violation occurs is a separate violation under this section.
230+ (iv) A family child care home or large family child care home that is 28
231+required to be registered or is registered under this title. 29
244232
245- (d) The total amount of civil penalties imposed in an action under this section
246-may not exceed $5,000.
233+9.5–405. 30
234+ 6 SENATE BILL 59
247235
248-Article – Health – General
249236
250-SUBTITLE 52. SAFE SLEEP CERTIFICATION PROGRAM.
237+ (G) (1) A CHILD CARE CENTER SH ALL BE CERTIFIED BY THE MARYLAND 1
238+SAFE SLEEP CERTIFICATION PROGRAM. 2
251239
252-13–5201.
240+ (2) A CHILD CARE CENTER CE RTIFIED BY THE MARYLAND SAFE 3
241+SLEEP CERTIFICATION PROGRAM SHALL SUBMIT PROOF OF THE CERTIFI CATION TO 4
242+THE PROGRAM AND THE DEPARTMENT . 5
253243
254- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
255-INDICATED.
244+9.5–418. 6
256245
257- (B) “CHILD CARE CENTER ” HAS THE MEANING STAT ED IN § 9.5–401 OF THE
258-EDUCATION ARTICLE.
246+ (a) Except as provided in subsection (b) of this section and subject to the 7
247+provisions of subsection (d) of this section, a person who violates any provision of this 8
248+subtitle or any rule or regulation adopted under this subtitle is subject to a civil penalty 9
249+imposed in a civil action not exceeding $1,000 for each violation. 10
259250
260- (C) “PROGRAM” MEANS THE MARYLAND SAFE SLEEP CERTIFICATION
261-PROGRAM.
251+ (b) A person who violates § 9.5–405(a), [or] (e), OR (G) or § 9.5–416 of this subtitle 11
252+and is served a civil citation under that section is subject to a civil penalty as follows: 12
262253
263- (D) “SAFE SLEEP BEST PRACT ICES” MEANS BEST PRACTICES FOR KEEPING
264-AN INFANT SAFE AND H EALTHY WHILE THE INF ANT IS SLEEPING, THOUGHT TO BE
265-SLEEPING, OR IN A SLEEPING ARE A.
254+ (1) $250 for the first violation; 13
266255
267-13–5202.
256+ (2) $500 for the second violation; and 14
268257
269- (A) THERE IS A MARYLAND SAFE SLEEP CERTIFICATION PROGRAM WITHIN
270-THE DEPARTMENT .
258+ (3) $1,000 for the third and each subsequent violation. 15
271259
272- (B) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM.
260+ (c) Each day a violation occurs is a separate violation under this section. 16
273261
274- (C) (1) THE PROGRAM, IN COLLABORATION WIT H CRIBS FOR KIDS,
275-SHALL ESTABLISH CERT IFICATION STANDARDS FOR CHILD CARE CENTERS THAT
276-ARE IN ACCORDANCE WI TH SAFE SLEEP BEST P RACTICES.
262+ (d) The total amount of civil penalties imposed in an action under this section 17
263+may not exceed $5,000. 18
277264
278- (2) THE PROGRAM SHALL :
279- WES MOORE, Governor Ch. 879
265+Article – Health – General 19
280266
281-– 7 –
282- (I) CERTIFY A CHILD CARE CENTER THAT DEMONSTR ATES
283-COMPLIANCE WITH THE CERTIFICATION STANDA RDS ESTABLISHED BY T HE
284-PROGRAM UNDER PARAGRA PH (1) OF THIS SUBSECTION; AND
267+SUBTITLE 52. SAFE SLEEP CERTIFICATION PROGRAM. 20
285268
286- (II) RETAIN A COPY OF EACH CERTIFICATION .
269+13–5201. 21
287270
288- (D) THE PROGRAM SHALL EVALUAT E CHILD CARE CENTERS FOR
289-COMPLIANCE WITH SAFE SLEEP BEST PRACTICES .
271+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22
272+INDICATED. 23
290273
291- (E) THE PROGRAM SHALL PROVIDE RESOURCES TO HELP CH ILD CARE
292-CENTERS ADOPT AND MA INTAIN SAFE SLEEP BEST PRACTICES .
274+ (B) “CHILD CARE CENTER ” HAS THE MEANING STAT ED IN § 9.5–401 OF THE 24
275+EDUCATION ARTICLE. 25
293276
294-13–5203.
277+ (C) “PROGRAM” MEANS THE MARYLAND SAFE SLEEP CERTIFICATION 26
278+PROGRAM. 27
295279
296- THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS
297-SUBTITLE.
280+ (D) “SAFE SLEEP BEST PRACT ICES” MEANS BEST PRACTICES FOR KEEPING 28
281+AN INFANT SAFE AND H EALTHY WHILE THE INF ANT IS SLEEPING, THOUGHT TO BE 29
282+SLEEPING, OR IN A SLEEPING ARE A. 30 SENATE BILL 59 7
298283
299-19–301.
300284
301- (a) In this subtitle the following words have the meanings indicated.
302285
303- (f) “Hospital” means an institution that:
286+13–5202. 1
304287
305- (1) Has a group of at least 5 physicians who are organized as a medical
306-staff for the institution;
288+ (A) THERE IS A MARYLAND SAFE SLEEP CERTIFICATION PROGRAM WITHIN 2
289+THE DEPARTMENT . 3
307290
308- (2) Maintains facilities to provide, under the supervision of the medical
309-staff, diagnostic and treatment services for 2 or more unrelated individuals; and
291+ (B) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 4
310292
311- (3) Admits or retains the individuals for overnight care.
293+ (C) (1) THE PROGRAM, IN COLLABORATION WIT H CRIBS FOR KIDS, 5
294+SHALL ESTABLISH CERT IFICATION STANDARDS FOR CHILD CARE CENTE RS THAT 6
295+ARE IN ACCORDANCE WI TH SAFE SLEEP BEST P RACTICES. 7
312296
313-19–310.4.
297+ (2) THE PROGRAM SHALL : 8
314298
315- (A) A HOSPITAL SHALL BE CE RTIFIED BY THE CRIBS FOR KIDS’ NATIONAL
316-SAFE SLEEP HOSPITAL CERTIFICATION PROGRAM AT LEAST AT THE BRON ZE
317-LEVEL.
299+ (I) CERTIFY A CHILD CARE CENTER THAT DEMONSTR ATES 9
300+COMPLIANCE WITH THE CERTIFICATION STANDA RDS ESTABLISHED BY T HE 10
301+PROGRAM UNDER PARAGRA PH (1) OF THIS SUBSECTION ; AND 11
318302
319- (B) A HOSPITAL CERTIFIED B Y THE CRIBS FOR KIDS’ NATIONAL SAFE
320-SLEEP HOSPITAL CERTIFICATION PROGRAM SHALL SUBMIT PROOF O F THE
321-CERTIFICATION TO THE SECRETARY.
303+ (II) RETAIN A COPY OF EACH CERTIFICATION . 12
322304
323-19–3B–01.
305+ (D) THE PROGRAM SHALL EVALUAT E CHILD CARE CENTERS FOR 13
306+COMPLIANCE WITH SAFE SLEEP BEST PRACTICES . 14
324307
325- (a) In this subtitle the following words have the meanings indicated.
326- Ch. 879 2024 LAWS OF MARYLAND
308+ (E) THE PROGRAM SHALL PROVIDE RESOURCES TO HELP CH ILD CARE 15
309+CENTERS ADOPT AND MA INTAIN SAFE SLEEP BE ST PRACTICES. 16
327310
328-– 8 –
329- (d) (1) “Freestanding birthing center” means a facility that provides nurse
330-midwife services under Title 8, Subtitle 6 of the Health Occupations Article.
311+13–5203. 17
331312
332- (2) “Freestanding birthing center” does not include:
313+ THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 18
314+SUBTITLE. 19
333315
334- (i) A hospital regulated under Subtitle 2 of this title; or
316+19–301. 20
335317
336- (ii) The private residence of the mother.
318+ (a) In this subtitle the following words have the meanings indicated. 21
337319
338-19–3B–03.1.
320+ (f) “Hospital” means an institution that: 22
339321
340- (A) A FREESTANDING BIRTHIN G CENTER SHALL BE CE RTIFIED BY THE
341-CRIBS FOR KIDS’ NATIONAL SAFE SLEEP HOSPITAL CERTIFICATION PROGRAM AT
342-LEAST AT THE BRONZE LEVEL.
322+ (1) Has a group of at least 5 physicians who are organized as a medical 23
323+staff for the institution; 24
343324
344- (B) A FREESTANDING BIRTHIN G CENTER CERTIFIED B Y THE CRIBS FOR
345-KIDS’ NATIONAL SAFE SLEEP HOSPITAL CERTIFICATION PROGRAM S HALL SUBMIT
346-PROOF OF THE CERTIFI CATION TO THE SECRETARY.
325+ (2) Maintains facilities to provide, under the supervision of the medical 25
326+staff, diagnostic and treatment services for 2 or more unrelated individuals; and 26
347327
348- SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
349-effect October 1, 2025.
328+ (3) Admits or retains the individuals for overnight care. 27
329+ 8 SENATE BILL 59
350330
351- SECTION 4. 2. AND BE IT FURTHER ENACTED, That , except as provided in
352-Section 3 of this Act, this Act shall take effect October 1, 2024.
353331
354-Approved by the Governor, May 16, 2024.
332+19–310.4. 1
333+
334+ (A) A HOSPITAL SHALL BE CE RTIFIED BY THE CRIBS FOR KIDS’ NATIONAL 2
335+SAFE SLEEP HOSPITAL CERTIFICATION PROGRAM AT LEAST AT THE BRON ZE 3
336+LEVEL. 4
337+
338+ (B) A HOSPITAL CERTIFIED B Y THE CRIBS FOR KIDS’ NATIONAL SAFE 5
339+SLEEP HOSPITAL CERTIFICATION PROGRAM SHALL SUBMIT PROOF O F THE 6
340+CERTIFICATION TO THE SECRETARY. 7
341+
342+19–3B–01. 8
343+
344+ (a) In this subtitle the following words have the meanings indicated. 9
345+
346+ (d) (1) “Freestanding birthing center” means a facility that provides nurse 10
347+midwife services under Title 8, Subtitle 6 of the Health Occupations Article. 11
348+
349+ (2) “Freestanding birthing center” does not include: 12
350+
351+ (i) A hospital regulated under Subtitle 2 of this title; or 13
352+
353+ (ii) The private residence of the mother. 14
354+
355+19–3B–03.1. 15
356+
357+ (A) A FREESTANDING BIRTHIN G CENTER SHALL BE CE RTIFIED BY THE 16
358+CRIBS FOR KIDS’ NATIONAL SAFE SLEEP HOSPITAL CERTIFICATION PROGRAM AT 17
359+LEAST AT THE BRONZE LEVEL. 18
360+
361+ (B) A FREESTANDING BIRTHIN G CENTER CERTIFIED B Y THE CRIBS FOR 19
362+KIDS’ NATIONAL SAFE SLEEP HOSPITAL CERTIFICATION PROGRAM SHALL SUBMIT 20
363+PROOF OF THE CERTIFI CATION TO THE SECRETARY. 21
364+
365+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 22
366+effect October 1, 2025. 23
367+
368+ SECTION 4. 2. AND BE IT FURTHER ENACTED, That , except as provided in 24
369+Section 3 of this Act, this Act shall take effect October 1, 2024. 25
370+