HF 4426

as introduced - 91st Legislature (2019 - 2020) Posted on 03/16/2020 11:23am

A bill for an act
relating to human services; modifying provisions for reducing risk of sudden
unexpected infant death in licensed programs; amending Minnesota Statutes 2018,
sections 245A.1435; 245A.146, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 245A.1435, is amended to read:

245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH
IN LICENSED PROGRAMS.

(a) When a license holder is placing an infant to sleep, the license holder must place the
infant on the infant's back, unless the license holder has documentation from the infant's
physician directing an alternative sleeping position for the infant. The physician directive
must be on a form deleted text begin approved deleted text end new text begin developed new text end by the commissioner and must remain on file at the
licensed location. An infant who independently rolls onto its stomach after being placed to
sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
six months of age or the license holder has a signed statement from the parent indicating
that the infant regularly rolls over at home.

(b) The license holder must place the infant in a crib directly on a firm mattress with a
fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title
16, part 1511. new text begin The pacifier must be free from any sort of attachment. new text end The requirements of
this section apply to license holders serving infants younger than one year of age. Licensed
child care providers must meet the crib requirements under section 245A.146. A correction
order shall not be issued under this paragraph unless there is evidence that a violation
occurred when an infant was present in the license holder's care.

(c) If an infant falls asleep before being placed in a crib, the license holder must move
the infant to a crib as soon as practicable, and must keep the infant within sight of the license
holder until the infant is placed in a crib. When an infant falls asleep while being held, the
license holder must consider the supervision needs of other children in care when determining
how long to hold the infant before placing the infant in a crib to sleep. The sleeping infant
must not be in a position where the airway may be blocked or with anything covering the
infant's face.

new text begin (d) When a license holder places an infant under one year of age to sleep, the infant's
clothing or sleepwear must not have weighted materials, a hood, or a bib.
new text end

new text begin (e) A license holder may place an infant under one year of age wearing a helmet to sleep
if the license holder has signed documentation by a physician, advance practice registered
nurse, licensed occupational therapist, or licensed physical therapist on a form developed
by the commissioner.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a deleted text begin one-piece sleeper equipped with an attached system that fastens
securely only across the upper torso, with no constriction of the hips or legs, to create a
deleted text end swaddle. new text begin A swaddle is defined as one-piece sleepwear that wraps over the infant's arms,
fastens securely only across the upper torso, and does not constrict the infant's hips or legs.
If a license holder uses a swaddle, the license holder must ensure that it meets the
requirements of paragraph (d) and is not so tight that it restricts the infant's ability to breathe
or so loose that the fabric could cover the infant's nose and mouth. new text end Prior to any use of
swaddling for sleep by a provider licensed under this chapter, the license holder must obtain
informed written consent for the use of swaddling from the parent or guardian of the infant
on a form deleted text begin provided deleted text end new text begin developed new text end by the commissioner deleted text begin and prepared in partnership with the
Minnesota Sudden Infant Death Center deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 245A.146, subdivision 3, is amended to read:

Subd. 3.

License holder documentation of cribs.

(a) Annually, from the date printed
on the license, all license holders shall check all their cribs' brand names and model numbers
against the United States Consumer Product Safety Commission website listing of unsafe
cribs.

(b) The license holder shall maintain written documentation to be reviewed on site for
each crib showing that the review required in paragraph (a) has been completed, and which
of the following conditions applies:

(1) the crib was not identified as unsafe on the United States Consumer Product Safety
Commission website;

(2) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, but the license holder has taken the action directed by the United
States Consumer Product Safety Commission to make the crib safe; or

(3) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, and the license holder has removed the crib so that it is no longer
used by or accessible to children in care.

(c) Documentation of the review completed under this subdivision shall be maintained
by the license holder on site and made available to parents or guardians of children in care
and the commissioner.

(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider that
complies with this section may use a mesh-sided or fabric-sided play yard, pack and play,
or playpen or crib that has not been identified as unsafe on the United States Consumer
Product Safety Commission website for the care or sleeping of infants.

(e) On at least a monthly basis, the family child care license holder shall perform safety
inspections of every mesh-sided or fabric-sided play yard, pack and play, or playpen used
by or that is accessible to any child in care, and must document the following:

(1) there are no tears, holes, or loose or unraveling threads in mesh or fabric sides of
crib;

(2) the weave of the mesh on the crib is no larger than one-fourth of an inch;

(3) no mesh fabric is unsecure or unattached to top rail and floor plate of crib;

(4) no tears or holes to top rail of crib;

(5) the mattress floor board is not soft and does not exceed one inch thick;

(6) the mattress floor board has no rips or tears in covering;

(7) the mattress floor board in use is deleted text begin a waterproof deleted text end new text begin an new text end original mattress or replacement
mattress provided by the manufacturer of the crib;

(8) there are no protruding or loose rivets, metal nuts, or bolts on the crib;

(9) there are no knobs or wing nuts on outside crib legs;

(10) there are no missing, loose, or exposed staples; and

(11) the latches on top and side rails used to collapse crib are secure, they lock properly,
and are not loose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end