Bill Text: CA SB402 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Breastfeeding.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2013-10-09 - Chaptered by Secretary of State. Chapter 666, Statutes of 2013. [SB402 Detail]

Download: California-2013-SB402-Chaptered.html

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BILL NUMBER: SB 402	CHAPTERED
	BILL TEXT

	CHAPTER  666
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2013
	APPROVED BY GOVERNOR  OCTOBER 9, 2013
	PASSED THE SENATE  AUGUST 30, 2013
	PASSED THE ASSEMBLY  AUGUST 26, 2013
	AMENDED IN ASSEMBLY  JUNE 18, 2013
	AMENDED IN SENATE  MAY 28, 2013

INTRODUCED BY   Senator De León
   (Coauthor: Senator Pavley)
   (Coauthors: Assembly Members Ammiano and Fox)

                        FEBRUARY 20, 2013

   An act to add Section 123367 to the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 402, De León. Breastfeeding.
   Existing law provides for the licensure and regulation of health
facilities, including hospitals, by the State Department of Public
Health. Existing law, commencing January 1, 2014, requires all
general acute care hospitals and special hospitals that have a
perinatal unit, as defined, to have an infant-feeding policy.
   This bill would require all general acute care hospitals and
special hospitals that have a perinatal unit to adopt, by January 1,
2025, the "Ten Steps to Successful Breastfeeding," as adopted by
Baby-Friendly USA, per the Baby-Friendly Hospital Initiative, or an
alternate process adopted by a health care service plan that includes
evidenced-based policies and practices and targeted outcomes, or the
Model Hospital Policy Recommendations as defined.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) A growing body of evidence indicates that early infant-feeding
practices can affect later growth and development, particularly with
regard to obesity.
   (b) The United States Surgeon General, and all the major health
organizations, including the American Academy of Pediatrics and the
World Health Organization (WHO), recommend exclusive breastfeeding
for most babies, unless specifically contraindicated, for the first
six months and continued breastfeeding with the addition of
appropriate foods up to at least one year of age.
   (c) The United States Healthy People 2020 goals for breastfeeding
set new targets for decreased formula supplementation within the
first two days of life and increased number of births in facilities
that provide recommended lactation care.
   (d) The federal Centers for Disease Control and Prevention monitor
hospital practices at the state and national level with the
Maternity Practices in Infant Nutrition and Care (mPINC) survey.
Whereas mPINC benchmarks suggest that 10 percent or fewer of
breastfeeding infants should receive supplemental formula, fewer than
10 percent of California hospitals reach that goal.
   (e) The Baby-Friendly Hospital Initiative (BFHI) is a global
program sponsored by the WHO and the United Nations Children's Fund
(UNICEF) to encourage and recognize hospitals that offer an optimal
level of care for infant feeding. Baby-Friendly USA is the national
authority for the BFHI in the United States. To date, 57 hospitals in
California have received Baby-Friendly USA accreditation.
   (f) In April 2010, the Joint Commission, the accreditation
organization for hospitals, began including exclusive breastfeeding
rates as part of its perinatal care core evaluation indicators for
maternity hospitals.
  SEC. 2.  Section 123367 is added to the Health and Safety Code, to
read:
   123367.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Perinatal unit" means a maternity and newborn service of the
hospital for the provision of care during pregnancy, labor, delivery,
and postpartum and neonatal periods with appropriate staff, space,
equipment, and supplies.
   (2) "Baby-Friendly Hospital Initiative" means the program
sponsored by the World Health Organization (WHO) and the United
Nations Children's Fund (UNICEF) that recognizes hospitals that offer
an optimal level of care for infant feeding.
   (b) All general acute care hospitals and special hospitals, as
defined in subdivisions (a) and (f) of Section 1250, that have a
perinatal unit shall, by January 1, 2025, adopt the "Ten Steps to
Successful Breastfeeding," as adopted by Baby-Friendly USA, per the
Baby-Friendly Hospital Initiative, or an alternate process adopted by
a health care service plan that includes evidenced-based policies
and practices and targeted outcomes, or the Model Hospital Policy
Recommendations as defined in paragraph (3) of subdivision (b) of
Section 123366.