Duties of Departments of Health and Human Services
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The departments of health and human services shall jointly develop information and instructional materials as described in § 68-143-102 for distribution, free of charge, to health care facilities, midwives, and child care agencies. The information and instructional materials provided pursuant to this section shall focus upon the serious nature of the risk to infants and young children presented by shaken baby syndrome. The department of health shall be the lead agency in developing such information and instructional materials.
The department of health shall provide the information and instructional materials free of charge to health care facilities and nurse midwives. Such information and instructional materials shall be provided free of charge by each health care facility to parents or guardians of each newborn, upon discharge from the health care facility. If a home birth is attended by a nurse midwife, the nurse midwife shall provide the information and instructional materials to the parents or guardians of the newborn.
The department of human services shall provide the information and instructional materials free of charge to child care agencies under the jurisdiction of such department upon licensure and at the time of site visits.
The requirement that informational and instructional materials be provided pursuant to this section applies only when those materials have been supplied to those persons or entities that are required to provide the materials. The persons or entities required to provide these materials shall not be subject to any legal cause of action whatsoever based on the requirements of this section.
For persons or agencies providing these materials pursuant to this section, this section does not require the provision of duplicative or redundant informational and instructional materials.