BILL NUMBER: S6339

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the public health law and the county law, in relation to
reporting requirements of any examination or inquiry prepared with
respect to any death or serious injury occurring to a child caused by a
children's product or a durable juvenile product

 
PURPOSE:

Establishes "Tyler's Law" in order to increase reporting of unsafe and
faulty children's consumer products and decrease unintended juvenile
death and injury.

 
SUMMARY OF PROVISIONS:

Section 1 establishes "Tyler's law".

Section 2 amends Section 2805-1 of the public health law by requiring
              

that hospitals report any death or serious injury caused to a child
determined to be caused by a children's product or durable juvenile
product within seven days to the Consumer Product Safety Commission.

Section 3 amends Section 677 of the county law by requiring that coron-
ers, coroner's physicians or medical examiners provide the Consumer
Product Safety Commission with a copy of an autopsy report or examina-
tion report in respect to the death of a child, determined to be caused
by a children's product or durable juvenile product, within seven days
from the date of death.

Section 4 is the enacting clause.

 
JUSTIFICATION:

In 1997, Tyler Witte, an infant from Merrick, New York, died due to
asphyxiation as a result of a faulty crib. Following his death, his
parents became aware of similar infant deaths and injuries suffered due
to the same crib that had not been reported to the Consumer Product
Safety Commission (CPSC), which has jurisdiction to recall consumer
products used in and around the home. Currently, CPSC relies on report-
ing from consumers or manufacturers, but it is inconceivable that a
parent should be responsible for reporting an unsafe product while
grieving the loss of a child.

This legislation will increase reporting of unsafe consumer products by
requiring coroners and hospitals to report the death of a child deter-
mined to be caused by either a children's product or durable juvenile
product to the CPSC, and hospitals to report the serious injury of a
child determined to be caused by these products. It is designed to
enhance the protections afforded to children under The Children's Prod-
uct Safety Act of 2008, and ultimately, keep our most vulnerable chil-
dren safe from harm. This legislation shall be referred to as Tyler's
Law.

 
FISCAL IMPLICATIONS:

None
 
EFFECTIVE DATE:
This act shall take effect immediately.