To repeal rule identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary and to relocate the SIDS autopsy protocol to the Practice Guidelines.

DEPARTMENT OF LAW ENFORCEMENT
Medical Examiners Commission

RULE NO.: RULE TITLE:
11G-2.0031: SIDS Autopsy Protocol

PURPOSE AND EFFECT: To repeal rule identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary and to relocate the SIDS autopsy protocol to the Practice Guidelines.

SUMMARY: To repeal Rule 11G-2.0031, F.A.C., pertaining to the SIDS Autopsy Protocol rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

OTHER RULES INCORPORATING THIS RULE: N/A.

EFFECT ON THOSE OTHER RULES: N/A.

The proposed rule is not expected to exceed any of the criteria set forth in Section 120.541(2)(a), F.S., and thus, a legislative ratification is not required under Section 120.541(3), F.S. This determination is based upon the nature of the subject matter of the proposed amendment, i.e., repeal of a reporting requirement.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 383.3362(4) 406.04 FS.
LAW IMPLEMENTED: 383.3362, 406.11, 406.13 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, February 28, 2012, 1:00 p.m.

PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Donna Hunt at [phone] or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Donna Hunt at [phone] or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

 

THE FULL TEXT OF THE PROPOSED RULE IS:

11G-2.0031 SIDS Autopsy Protocol.

(1) Sudden infant death syndrome (SIDS) is the sudden death of an infant under one year of age which remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene, and review of the clinical history.

(2) A medical examiner is obligated to perform a complete autopsy and conduct a thorough scene and clinical history review of any sudden, unexpected or apparently non-violent death of an infant under one year of age which might be a case of SIDS.

(3) The medical examiner investigating a potential SIDS case must be familiar with the place of discovery of the infant in terms of sleep site, bed clothes, position at time of discovery, sharing the bed with others, and environmental hazards such as fumes or extreme temperature hazards. Familiarity with the scene may be determined by personal inspection on the part of the medical examiner or a medical examiner investigator or police investigator. The results of scene investigation shall be included in the medical examiner case file. The diagnosis of SIDS should not be made if it is apparent that a hazard such as overlay by an adult, fall from bed, suffocation from dangerous coverings or other environmental hazards played a role in the death.

(4) The clinical history review shall attempt to include determination of prenatal, delivery and postnatal medical information relevant to a proper diagnosis of SIDS and should include history of familial disease, mental illness and social setting pertinent to exclusion of illnesses or child abuse, the absence of which is essential to the diagnosis of SIDS. During the investigation contact shall be made with the Department of Children and Family Services for information in its records of abuse or neglect of children within the family or family setting.

(5) An autopsy is mandated whenever an infant death is under investigation as a potential SIDS. The autopsy is needed to exclude congenital, infectious, environmental or other unnatural causes of death. The gross narrative description shall consider external features including integrity of all orifices, status of internal organs and tissues and hollow viscera contents. Serosal and membrane petechiae and presence or absence of blood clot in the heart and great vessels should be mentioned as well as a skeletal x-ray survey and appropriate photographs. Histological slides should include major viscera sufficient to exclude readily diagnosed disease processes. Bacterial cultures and viral cultures should be performed when needed to document or exclude suspect infectious agents. Appropriate tissues and fluids should be preserved for toxicological study when indicated.

(6) As soon as the diagnosis of SIDS is made, a letter of condolence and explanation with reference to a counseling visit by the county public health unit representatives should be sent from the medical examiner to the parents or guardians. The county public health unit must be notified and furnished the names and addresses of the parents or guardians. The medical examiner shall furnish case investigative findings to the Consumer Product Safety Commission or other concerned governmental agencies upon request. In such event the counseling letter should make reference to the prospective visit by such agency.

Rulemaking Specific Authority 383.3362(4), 406.04 FS. Law Implemented 383.3362, 406.11, 406.13 FS. History–New 10-14-96, Amended 7-6-99, Repealed__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 15, 2011