Sponsor: KRUEGER
Other Versions: S1107A
Same as: A789-A
Co-sponsor(s): DUANE SAVINO SCHNEIDERMAN SERRANO SQUADRON STAVISKY
Committee: HEALTH
Law Section: Public Health Law
S1107 Summary
Provides mothers with basic breastfeeding related rights before, during and after the birth of her baby; requires posting of list of rights in conspicuously public locations in maternal healthcare provider's offices; authorizes commissioner to adopt conforming regulations; defines maternal healthcare provider.S1107 Actions
Jan 26, 2009 REFERRED TO HEALTHFeb 24, 2009 REPORTED AND COMMITTED TO CODES
Mar 3, 2009 REPORTED AND COMMITTED TO FINANCE
S1107 Memo
BILL NUMBER: S1107 TITLE OF BILL : An act to amend the public health law, in relation to breastfeeding mothers' bill of rights PURPOSE : To provide support for breastfeeding as the best modality to achieve infants' immediate and long term health outcomes SUMMARY OF PROVISIONS : The Breastfeeding Mothers' Bill of Rights will codify the New York Codes Rules and Regulations, Best Hospital Practices and major components of the world Health organization's Baby Friendly Guidelines as they pertain to the breastfeeding of newborns and infants. Section 2505-a is a declaration of public policy that it is every woman's right to be informed about the benefits of breastfeeding and have an environment which is conducive to what all pediatricians agree to be the safest and healthiest choice for newborn and infant feeding. JUSTIFICATION : The Breastfeeding Mothers' Bill of Rights is the work of a team of pediatricians, WIC personnel, New York City Department of Health staff and lactation specialists. It represents their expertise and experience in the health delivery system and the need for providing support for breastfeeding as the best modality to achieve infants' immediate and long term health outcomes. A public posting in maternal healthcare facilities nurseries, maternity floors and post delivery recovery rooms of these rights and like distribution will encourage and support breastfeeding as the optimum standard for newborn and infant feeding. Fewer medical problems and hospital stays for breastfed infants translate to lower health care costs and workplace absenteeism. A 2001 U.S. Department of Agriculture analysis estimated that at least $3.6 billion could be saved nationally if only 50% of mothers breastfed their infants until they were at least six months old. A family's budget can also be stretched when a mother breastfeeds. Barring limited costs for accessories, breastfeeding is free while mothers can be expected to spend as much as $700 or more for the first year of formula feeding. CDC research performed in 2001 has shown that women who receive the most post delivery breastfeeding support are eight times more likely to continue breast feeding for at least six weeks compared to women whose experience was less favorable. National statistics show that 70% of mothers breastfeed after discharge from the hospital. That number drops precipitously at six months of infant life to 14.4% for Caucasian mothers who are still exclusively breastfeeding their infants, 15.7% for Hispanic mothers and 8.6% for African American mothers. These statistics from the Center for Disease Control's (CDC) 2004 National Immunization Survey show that while there is a significant drop for all races, African American mothers report the lowest breastfeeding percentages after leaving the hospital. A number of reasons contribute to these low statistics such as: - the lack of support for breastfeeding during the mother's in-patient delivery stay - lack of access to accurate educational materials - the mother's age and education - an immediate economic need to return to a work environment that is not conducive to breastfeeding or pumping - distribution of commercially produced educational materials and gift formula packets Numerous studies and reports published over the last several decades by the CDC, FDA and American Academy of Pediatrics have concluded that breastfed infants have fewer hospital stays and suffer fewer ear and gastrointestinal infections, rashes, food allergies, diarrhea and are at lower risk for sudden infant death syndrome, asthma and obesity than bottle-fed babies. This is especially true when exclusive breastfeeding is continued from six months until the child is one year old as antibodies contained in the mother's milk contribute to lowering the risk factors for these medical problems and infections. The American College of Obstetricians and Gynecologists supports extended breastfeeding because it has a long range benefit of reducing the risk of ovarian and breast cancers. Additional benefits to mothers are a lower risk of adult-onset diabetes and osteoporosis. Even the International Formula Council, a trade association has stated, "Breastfeeding is the preferred and recommended method of infant feeding." The Federal government's Healthy People 2010 initiative has set a goal of increasing rates of breast feeding mothers to 75% upon birth and 50% until six months of age. While New York State currently has civil Rights Laws, Corrections Laws and a Penal Law protecting breastfeeding behavior once a mother has taken her infant home from the hospital, there is no legislation ensuring that women receive appropriate, culturally sensitive information and support about breastfeeding during and immediately following their delivery. Providing women with early pre and post delivery support for successful breastfeeding will contribute to achieving our public health goals for the year 2010. " BREASTFEEDING MOTHERS' BILL OF RIGHTS " Choosing the way you will feed your new baby is one of the important decisions you will make in preparing for your infant's arrival. Doctors agree that for most women breastfeeding is the safest and most healthy choice. It is your right to be informed about the benefits of breast feeding and have your healthcare provider encourage and support breastfeeding. A woman has the right to make her own choice about breastfeeding. Whether you choose to breastfeed or not you have the following basic rights. Maternal healthcare providers have the responsibility to ensure that you understand these rights. These rights are yours regardless of your race, creed, national origin, sexual orientation or who is paying for your healthcare. 1) BEFORE YOU DELIVER : You have the right to receive complete information about the benefits of breast feeding for yourself and your baby. This will help you make an informed choice on how to feed your baby. * The nutritional, medical and psychological benefits of breast feeding; * The steps necessary to prepare yourself for breastfeeding; * An explanation of some of the problems you may encounter and how to avoid or solve them. 2) IN THE MATERNAL HEALTHCARE FACILITY : * You have the right to have your baby stay with you right after birth whether you deliver vaginally or by cesarean section. You have the right to begin breast feeding within one hour after birth. * You have the right to have someone with specialized training in breastfeeding give you information and help you whenever you need it. * You have the right to insist that your baby not receive any bottle feeding or pacifiers. * You have the right to know about and refuse any drugs that may dry up your milk. * You have the right to have your baby with you 24 hours a day. * You have the right to breastfeed your baby at any time day or night. * You have the right to know if your doctor or your baby's pediatrician is advising against breastfeeding before any feeding decisions are made. * You have the right to have a sign on your baby's crib clearly stating that your baby is breast feeding and that no bottle feeding of any type is to be offered. * You have the right to receive full information about how you are doing with breastfeeding and get help on how to improve. * You have the right to breastfeed your baby in the neonatal intensive care unit. If nursing is not possible, have your baby receive your pumped or expressed milk. * If you, or your baby, are re-hospitalized after the initial delivery stay you have the right to receive support to continue breastfeeding. In this case the hospital will make every effort to provide hospital grade electric pumps and rooming-in facilities. A staff member with specialized training in breastfeeding will help you. * You have the right to have help from someone specially trained in breast feeding support and expressing breast milk if your baby has special needs. * You have the right to have a family member or friend receive breastfeeding information from a specially trained staff member. 3) WHEN YOU LEAVE THE MATERNAL HEALTHCARE FACILITY : * You have the right to printed breastfeeding information free of commercial material. * You have the right to be discharged from the facility without coupons or free samples intended to discourage breastfeeding, unless specifically requested by you, and available at the facility. * You have the right to get information about breastfeeding resources in your community including information on availability of Breastfeeding consultants, support groups and breast pumps. * You have the right to have the facility give you information to help choose a medical provider for your baby and understand the importance of a follow-up appointment. * You have the right to receive information about safely collecting and storing your breast milk. * You have the right to breast feed your baby in any location, public or private, where you are otherwise authorized to be. All the above are your rights. If the maternal healthcare facility does not honor these rights you can seek assistance by contacting the New York State Department of Health at _____________________* * Administered by the New York State Department of Health. Prior to the effective date the department will establish a toll free number for complaints. LEGISLATIVE HISTORY : 2006 - S.8511 2008 - S.1674 FISCAL IMPLICATIONS : None. EFFECTIVE DATE : This act shall take effect on the first day of May next succeeding the date on which it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
S1107 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
1107
2009-2010 Regular Sessions
I N S E N A T E
January 26, 2009
___________
Introduced by Sens. KRUEGER, DUANE, SAVINO, SCHNEIDERMAN, SERRANO,
STAVISKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Health
AN ACT to amend the public health law, in relation to breastfeeding
mothers' bill of rights
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 2505-a to read as follows:
3 S 2505-A. RIGHTS OF BREASTFEEDING MOTHERS. 1. THE PRINCIPLES ENUNCI-
4 ATED IN SUBDIVISION THREE OF THIS SECTION ARE DECLARED TO BE THE PUBLIC
5 POLICY OF THE STATE AND A COPY OF SUCH STATEMENT OF RIGHTS SHALL BE
6 POSTED CONSPICUOUSLY IN A PUBLIC PLACE IN EACH MATERNAL HEALTH CARE
7 FACILITY. FOR PURPOSES OF THIS SECTION, "MATERNAL HEALTH CARE PROVIDER"
8 MEANS A PHYSICIAN, MIDWIFE, OR OTHER AUTHORIZED PRACTITIONER ATTENDING A
9 PREGNANT WOMAN; AND "MATERNAL HEALTH CARE FACILITY" INCLUDES, BUT IS NOT
10 LIMITED TO, A BIRTHING CENTER, A MATERNITY WARD OR HOSPITAL.
11 2. THE COMMISSIONER SHALL MAKE AVAILABLE TO EVERY MATERNAL HEALTH CARE
12 PROVIDER, MATERNAL HEALTH CARE FACILITY, PEDIATRICIAN, PEDIATRIC NURSE
13 PRACTITIONER OR TO ANY PERSON UPON REQUEST, A COPY OF THE STATEMENT OF
14 RIGHTS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, AND SHALL ADOPT
15 ANY RULES AND REGULATIONS NECESSARY TO ENSURE THAT SUCH PATIENTS ARE
16 TREATED IN ACCORDANCE WITH THE PROVISIONS OF SUCH STATEMENT.
17 3. THE STATEMENT OF RIGHTS SHALL CONSIST OF THE FOLLOWING:
18 "BREASTFEEDING MOTHERS' BILL OF RIGHTS
19 CHOOSING THE WAY YOU WILL FEED YOUR NEW BABY IS ONE OF THE IMPORTANT
20 DECISIONS YOU WILL MAKE IN PREPARING FOR YOUR INFANT'S ARRIVAL. DOCTORS
21 AGREE THAT FOR MOST WOMEN BREASTFEEDING IS THE SAFEST AND MOST HEALTHY
22 CHOICE. IT IS YOUR RIGHT TO BE INFORMED ABOUT THE BENEFITS OF BREAST-
23 FEEDING AND HAVE YOUR HEALTH CARE PROVIDER ENCOURAGE AND SUPPORT BREAST-
24 FEEDING. YOU HAVE THE RIGHT TO MAKE YOUR OWN CHOICE ABOUT BREASTFEEDING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01150-03-9
S. 1107 2
1 WHETHER YOU CHOOSE TO BREASTFEED OR NOT YOU HAVE THE FOLLOWING BASIC
2 RIGHTS REGARDLESS OF YOUR RACE, CREED, NATIONAL ORIGIN, SEXUAL ORIEN-
3 TATION, GENDER IDENTITY OR EXPRESSION OR SOURCE OF PAYMENT FOR YOUR
4 HEALTHCARE. MATERNAL HEALTH CARE PROVIDERS HAVE A RESPONSIBILITY TO
5 ENSURE THAT YOU UNDERSTAND THESE RIGHTS. THEY MUST PROVIDE THIS INFORMA-
6 TION CLEARLY FOR YOU AND MUST PROVIDE AN INTERPRETER IF NECESSARY. THESE
7 RIGHTS MAY ONLY BE LIMITED IN CASES WHERE YOUR HEALTH OR THE HEALTH OF
8 YOUR BABY REQUIRES IT. IF ANY OF THE FOLLOWING THINGS ARE NOT MEDICALLY
9 RIGHT FOR YOU OR YOUR BABY, YOU SHOULD BE FULLY INFORMED OF THE FACTS
10 AND BE CONSULTED.
11 (1) BEFORE YOU DELIVER:
12 YOU HAVE THE RIGHT TO COMPLETE INFORMATION ABOUT THE BENEFITS OF
13 BREASTFEEDING FOR YOURSELF AND YOUR BABY. THIS WILL HELP YOU MAKE AN
14 INFORMED CHOICE ON HOW TO FEED YOUR BABY.
15 YOU HAVE THE RIGHT TO RECEIVE INFORMATION THAT IS FREE OF COMMERCIAL
16 INTERESTS AND INCLUDES:
17 * HOW BREASTFEEDING BENEFITS YOU AND YOUR BABY NUTRITIONALLY,
18 MEDICALLY AND EMOTIONALLY;
19 * HOW TO PREPARE YOURSELF FOR BREASTFEEDING;
20 * HOW TO UNDERSTAND SOME OF THE PROBLEMS YOU MAY FACE AND HOW TO SOLVE
21 THEM.
22 (2) IN THE MATERNAL HEALTH CARE FACILITY:
23 * YOU HAVE THE RIGHT TO HAVE YOUR BABY STAY WITH YOU RIGHT AFTER BIRTH
24 WHETHER YOU DELIVER VAGINALLY OR BY CESAREAN SECTION. YOU HAVE THE RIGHT
25 TO BEGIN BREASTFEEDING WITHIN ONE HOUR AFTER BIRTH.
26 * YOU HAVE THE RIGHT TO HAVE SOMEONE WITH SPECIALIZED TRAINING IN
27 BREASTFEEDING GIVE YOU INFORMATION AND HELP YOU WHEN YOU NEED IT.
28 * YOU HAVE THE RIGHT TO INSIST THAT YOUR BABY NOT RECEIVE ANY BOTTLE
29 FEEDING OR PACIFIERS.
30 * YOU HAVE THE RIGHT TO KNOW ABOUT AND REFUSE ANY DRUGS THAT MAY DRY
31 UP YOUR MILK.
32 * YOU HAVE THE RIGHT TO HAVE YOUR BABY WITH YOU 24 HOURS A DAY.
33 * YOU HAVE THE RIGHT TO BREASTFEED YOUR BABY AT ANY TIME DAY OR NIGHT.
34 * YOU HAVE THE RIGHT TO KNOW IF YOUR DOCTOR OR YOUR BABY'S PEDIATRI-
35 CIAN IS ADVISING AGAINST BREASTFEEDING BEFORE ANY FEEDING DECISIONS ARE
36 MADE.
37 * YOU HAVE THE RIGHT TO HAVE A SIGN ON YOUR BABY'S CRIB CLEARLY STAT-
38 ING THAT YOUR BABY IS BREASTFEEDING AND THAT NO BOTTLE FEEDING OF ANY
39 TYPE IS TO BE OFFERED.
40 * YOU HAVE THE RIGHT TO RECEIVE FULL INFORMATION ABOUT HOW YOU ARE
41 DOING WITH BREASTFEEDING AND GET HELP ON HOW TO IMPROVE.
42 * YOU HAVE THE RIGHT TO BREASTFEED YOUR BABY IN THE NEONATAL INTENSIVE
43 CARE UNIT. IF NURSING IS NOT POSSIBLE, YOU HAVE THE RIGHT TO HAVE YOUR
44 BABY RECEIVE YOUR PUMPED OR EXPRESSED MILK.
45 * IF YOU, OR YOUR BABY, ARE RE-HOSPITALIZED AFTER THE INITIAL DELIVERY
46 STAY, YOU HAVE THE RIGHT TO RECEIVE SUPPORT TO CONTINUE BREASTFEEDING.
47 IN THIS CASE THE HOSPITAL WILL MAKE EVERY EFFORT TO PROVIDE HOSPITAL
48 GRADE ELECTRIC PUMPS AND ROOMING IN FACILITIES. A STAFF MEMBER WITH
49 SPECIALIZED TRAINING IN BREASTFEEDING WILL HELP YOU.
50 * YOU HAVE THE RIGHT TO HAVE HELP FROM SOMEONE SPECIALLY TRAINED IN
51 BREASTFEEDING SUPPORT AND EXPRESSING BREAST MILK IF YOUR BABY HAS
52 SPECIAL NEEDS.
53 * YOU HAVE THE RIGHT TO HAVE A FAMILY MEMBER OR FRIEND RECEIVE BREAST-
54 FEEDING INFORMATION FROM A SPECIALLY TRAINED STAFF MEMBER.
55 (3) WHEN YOU LEAVE THE MATERNAL HEALTH CARE FACILITY:
S. 1107 3
1 * YOU HAVE THE RIGHT TO PRINTED BREASTFEEDING INFORMATION FREE OF
2 COMMERCIAL MATERIAL.
3 * YOU HAVE THE RIGHT TO BE DISCHARGED FROM THE FACILITY WITHOUT
4 COUPONS OR FREE SAMPLES INTENDED TO DISCOURAGE BREASTFEEDING, UNLESS
5 SPECIFICALLY REQUESTED BY YOU, AND AVAILABLE AT THE FACILITY.
6 * YOU HAVE THE RIGHT TO GET INFORMATION ABOUT BREASTFEEDING RESOURCES
7 IN YOUR COMMUNITY INCLUDING INFORMATION ON AVAILABILITY OF BREASTFEEDING
8 CONSULTANTS, SUPPORT GROUPS AND BREAST PUMPS.
9 * YOU HAVE THE RIGHT TO HAVE THE FACILITY GIVE YOU INFORMATION TO HELP
10 CHOOSE A MEDICAL PROVIDER FOR YOUR BABY AND UNDERSTAND THE IMPORTANCE OF
11 A FOLLOW-UP APPOINTMENT.
12 * YOU HAVE THE RIGHT TO RECEIVE INFORMATION ABOUT SAFELY COLLECTING
13 AND STORING YOUR BREAST MILK.
14 * YOU HAVE THE RIGHT TO BREASTFEED YOUR BABY IN ANY LOCATION, PUBLIC
15 OR PRIVATE, WHERE YOU ARE OTHERWISE AUTHORIZED TO BE.
16 ALL THE ABOVE ARE YOUR RIGHTS. IF THE MATERNAL HEALTH CARE FACILITY
17 DOES NOT HONOR THESE RIGHTS YOU CAN SEEK HELP BY CONTACTING THE NEW YORK
18 STATE DEPARTMENT OF HEALTH AT (INSERT TELEPHONE NUMBER AND EMAIL
19 ADDRESS) OR ________________."
20 4. EACH MATERNAL HEALTH CARE PROVIDER SHALL GIVE A COPY OF THE STATE-
21 MENT TO EACH PATIENT AT OR PRIOR TO THE MEDICALLY APPROPRIATE TIME OR
22 TIME OF ADMISSION TO A MATERNAL HEALTH CARE FACILITY, OR TO THE
23 APPOINTED PERSONAL REPRESENTATIVE AT THE TIME OF APPOINTMENT AND TO EACH
24 MEMBER OF THE MEDICAL PROVIDER'S STAFF.
25 5. EACH MATERNAL HEALTH CARE PROVIDER AND MATERNITY RELATED STAFF
26 SHALL ADHERE TO THE PRINCIPLES OF THE BREASTFEEDING MOTHERS' BILL OF
27 RIGHTS IN THE DELIVERY OF PATIENT CARE.
28 6. THE COMMISSIONER SHALL MAKE REGULATIONS REASONABLY NECESSARY TO
29 IMPLEMENT THIS SECTION AND SHALL ESTABLISH A TOLL-FREE TELEPHONE NUMBER
30 AND EMAIL ADDRESS FOR RECEIVING COMPLAINTS OF VIOLATIONS OF THIS
31 SECTION.
32 S 2. This act shall take effect on the first of May next succeeding
33 the date on which it shall have become a law; provided, however, that
34 effective immediately, the addition, amendment and/or repeal of any rule
35 or regulation necessary for the implementation of this act on its effec-
36 tive date are authorized and directed to be made and completed by the
37 commissioner of health on or before such effective date.
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