Kentucky Statutes 213.161 – Sudden Infant Death Syndrome Program — Collection of a tissue sample during autopsy, conditions
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(1) In order to obtain information which may be useful to research organizations studying the causes and incidence of the sudden infant death syndrome, a program is hereby established in the Cabinet for Health and Family Services. The purpose of this program shall be to obtain factual information concerning the characteristics, incidence, and distribution of the sudden infant death syndrome throughout the Commonwealth and to provide a means of public education concerning any research findings which may lead to the possible means of prevention, early identification, and treatment of children susceptible to the sudden infant death syndrome.
(2) In instances where an ostensibly healthy child dies suddenly and unexpectedly with no known or apparent cause as determined by a physician or a coroner, an autopsy with the written approval of the parents or legal guardian of the child shall be performed within forty-eight (48) hours and the results reported to the cabinet and to the parents or legal guardian of the child.
(3) At the request of the parent or legal guardian of a child who has died under circumstances described in subsection (2) of this section or in the case of the death of any child, a tissue sample may be collected during the autopsy of the child’s body and shared for research purposes, assuming the tissue harvest will not interfere with the determination of the cause and manner of death.
(4) In order to implement the provisions of this section, the secretary of the Cabinet for
Health and Family Services shall:
(a) Promulgate administrative regulations as may be necessary in order to obtain in proper form all information relating to the occurrence of sudden infant deaths which is relevant and appropriate for the establishment of a reliable statistical index of the incidence, distribution, and characteristics of cases of the sudden infant death syndrome;
(b) Collect such factual information from physicians, coroners, medical examiners, hospitals, and public health officials who have examined any child known or believed to have the sudden infant death syndrome;
(c) Make such factual information available to physicians, coroners, medical examiners, hospitals, public health officials, and educational and institutional organizations conducting research as to the causes and incidence of the sudden infant death syndrome;
(d) Cause appropriate counseling services to be established and maintained for families affected by the occurrence of the sudden infant death syndrome; and
(e) Conduct educational programs to inform the general public of any research findings of educational and institutional organizations which may lead to the possible means of prevention, early identification, and treatment of the sudden infant death syndrome.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 126, sec. 1, effective July 15, 2020. — Amended
2005 Ky. Acts ch. 99, sec. 444, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 426, sec. 392, effective July 15, 1998. — Created 1990 Ky. Acts ch. 369, sec. 32, effective July 13, 1990.
(2) In instances where an ostensibly healthy child dies suddenly and unexpectedly with no known or apparent cause as determined by a physician or a coroner, an autopsy with the written approval of the parents or legal guardian of the child shall be performed within forty-eight (48) hours and the results reported to the cabinet and to the parents or legal guardian of the child.
Terms Used In Kentucky Statutes 213.161
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 213.011
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Secretary: means the secretary for health and family services. See Kentucky Statutes 213.011
- Sudden infant death syndrome: means the death of an ostensibly healthy child who is two (2) weeks of age or older but less than three (3) years of age, which occurs suddenly and unexpectedly, with no known or apparent cause, and which remains unexplained after the performance of an autopsy. See Kentucky Statutes 213.011
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) At the request of the parent or legal guardian of a child who has died under circumstances described in subsection (2) of this section or in the case of the death of any child, a tissue sample may be collected during the autopsy of the child’s body and shared for research purposes, assuming the tissue harvest will not interfere with the determination of the cause and manner of death.
(4) In order to implement the provisions of this section, the secretary of the Cabinet for
Health and Family Services shall:
(a) Promulgate administrative regulations as may be necessary in order to obtain in proper form all information relating to the occurrence of sudden infant deaths which is relevant and appropriate for the establishment of a reliable statistical index of the incidence, distribution, and characteristics of cases of the sudden infant death syndrome;
(b) Collect such factual information from physicians, coroners, medical examiners, hospitals, and public health officials who have examined any child known or believed to have the sudden infant death syndrome;
(c) Make such factual information available to physicians, coroners, medical examiners, hospitals, public health officials, and educational and institutional organizations conducting research as to the causes and incidence of the sudden infant death syndrome;
(d) Cause appropriate counseling services to be established and maintained for families affected by the occurrence of the sudden infant death syndrome; and
(e) Conduct educational programs to inform the general public of any research findings of educational and institutional organizations which may lead to the possible means of prevention, early identification, and treatment of the sudden infant death syndrome.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 126, sec. 1, effective July 15, 2020. — Amended
2005 Ky. Acts ch. 99, sec. 444, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 426, sec. 392, effective July 15, 1998. — Created 1990 Ky. Acts ch. 369, sec. 32, effective July 13, 1990.