Bill Text: MS HB391 | 2021 | Regular Session | Introduced

---

Bill Title: Breastfeeding; authorize distribution of statewide info to support breastfeeding in public places.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-02-02 - Died In Committee [HB391 Detail]

Download: Mississippi-2021-HB391-Introduced.html

---

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Public Health and Human Services

By: Representative Banks

House Bill 391

AN ACT TO AMEND SECTIONS 41-135-1 AND 41-135-3, MISSISSIPPI CODE OF 1972, TO REVISE THE LEGISLATIVE FINDINGS AND INTENT AND DEFINITIONS FOR THE PURPOSES OF THE STATUTES SUPPORTING AND PROMOTING BREASTFEEDING; TO AMEND SECTION 41-135-5, MISSISSIPPI CODE OF 1972, TO REQUIRE MATERNAL HEALTH CARE FACILITIES TO ADOPT AN INFANT FEEDING POLICY THAT SUPPORTS AND PROMOTES BREASTFEEDING; TO AMEND SECTION 41-135-7, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL MATERNAL HEALTH CARE FACILITIES TO POST A COPY OF THE "BREASTFEEDING IN MISSISSIPPI:  GUIDELINES" CONSPICUOUSLY IN A PUBLIC PLACE ON THEIR PREMISES; TO REQUIRE THAT THOSE GUIDELINES INCLUDE CERTAIN STATEMENTS; TO AMEND SECTION 41-135-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO PROVIDE THE VIDEO PREPARED BY THE DEPARTMENT WHICH CONTAINS INFORMATION ABOUT THE IMPORTANCE OF BREASTFEEDING INFANTS TO OTHER STATE AGENCIES THAT PROVIDE BENEFITS TO WOMEN OF CHILDBEARING AGE; TO CREATE NEW SECTION 41-135-11, MISSISSIPPI CODE OF 1972, TO REQUIRE EMPLOYERS TO PROVIDE EMPLOYEES WITH A REASONABLE BREAK TIME AND A PRIVATE SPACE TO EXPRESS MILK DURING WORK HOURS; TO AMEND SECTION 17-25-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT IS A MISDEMEANOR FOR ANY PERSON TO VIOLATE A MOTHER'S RIGHT TO BREASTFEED HER CHILD IN ANY LOCATION WHERE SHE IS OTHERWISE AUTHORIZED TO BE; TO AMEND SECTIONS 43-20-31 AND 71-1-55, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 41-135-1, Mississippi Code of 1972, is amended as follows:

     41-135-1.  (1)  The Legislature of the State of Mississippi acknowledges that extensive research demonstrates the wide-ranging and compelling benefits of breastfeeding for infants, mothers, families * * *,and communities, businesses and the state, including:

          (a)  Numerous health benefits to the child, such as lower incidences of SIDS, childhood obesity, asthma, allergies and diabetes as well as increased intelligence and parental attachment;

          (b)  Numerous health benefits to the mother, such as * * *decreased rates significantly reduced risk of breast cancer, ovarian cancer, uterine cancer, postpartum * * *hemorrhage depression, osteoporosis and reduced rates of obesity through increased postpartum weight loss; * * *and

          (c)  Significant economic and social benefits to the state, such as reduced health care costs * * *, and reduced employee absenteeism for care attributable to child illness, as well as * * *direct saving to significant economic benefits to families, as the United States Surgeon General estimates that the average family can save * * *between One Thousand Two Hundred Dollars ($1,200.00) and nearly One Thousand Five Hundred Dollars ($1,500.00) during a baby's first year of life * * *through using optimal breastfeeding * * *. practices, in addition to reduced medical costs and lost wages attributable to child illness;

          (d)  Significant benefits to businesses and employers, including reduced health care costs, reduced employee absenteeism attributable to child illness, improved employee productivity, higher morale, and improved ability to attract and retain valuable employees;

          (e)  Significant economic benefits to the state through health care savings, estimated between Thirty-six Million Dollars ($36,000,000.00) to One Hundred Thirty Million Dollars ($130,000,000.00) annually, if Mississippi adopts recommended breastfeeding practices.

     (2)  The Legislature also recognizes that, despite these numerous benefits provided at no cost, * * *that Mississippi still has one of the lowest breastfeeding rates in the country, and * * *acknowledges that mothers in Mississippi face many barriers to breastfeeding, including social stigma, lack of * * *.  One (1) of these barriers is education, * * * which many studies and reports have found to be a significant obstacle that inhibits the practice of breast‑feeding.  Many mothers are ill‑informed about the benefits of breast‑feeding and their rights as a breast‑feeding motherand lack of support.

     (3)  Therefore, the Legislature declares the intent of this chapter is to create policies that will support and promote breastfeeding in Mississippi, specifically by: * * *inform

          (a)  Educating mothers about the benefits of breastfeeding and their rights as a breastfeeding mother * * *;in order to promote increased rates of breast‑feeding in Mississippi

          (b)  Ensuring that maternal health care facilities and employers become places of breastfeeding support and have policies to facilitate a mother's choice to breastfeed; and

          (c)  Removing the social stigma of breastfeeding through increased protections of existing breastfeeding rights.

     SECTION 2.  Section 41-135-3, Mississippi Code of 1972, is amended as follows:

     41-135-3.  As used in this chapter, the following words and phrases have the meanings as defined in this section:

          ( * * *fa)  "Breastfeeding in Mississippi:  Guidelines" is the statement of rights required by Section 41-135-7.

          (b)  "Employer" means a person engaged in business who has one or more employees and includes the state and its political subdivisions.

          ( * * *dc)  "Maternal health care facility" means any facility that provides prenatal or perinatal care, including, but not limited to, hospitals, clinics, pediatric offices, and other * * *physician physical facilities.

          ( * * *ed)  "Maternal health care provider" means any physician, nurse or other authorized practitioner that attends to pregnant women and mothers of infants.

          ( * * *be)  "Perinatal" means the period from twenty-two (22) weeks of gestation to twenty-eight (28) days after birth.

          ( * * *af)  "Prenatal" means the period between conception to birth.

          ( * * *cg)  "Public place" means a place of * * *increased high patient traffic within the maternal health care facility such as a lobby area or waiting room.

          (h)  "Reasonable effort" means any effort that does not impose an undue hardship on the operation of the employer's business.

          (i)  "Undue hardship" means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources, and the nature and structure of its operation.

     SECTION 3.  Section 41-135-5, Mississippi Code of 1972, is amended as follows:

     41-135-5.  It is important that all Mississippi maternal health care facilities become places of breastfeeding support, as the information they disseminate and the support they provide to their patients often determine whether or not a mother chooses or is able to breastfeed.  Therefore:

          ( * * *1a)  * * *Hospitals that provide birth services may All maternal health care facilities shall adopt an infant feeding policy that promotes and supports breastfeeding.  * * *Any Infant feeding policies adopted under this section shall include guidance on the use of formula:  ( * * *ai) for medically necessary supplementation; ( * * *bii) if preferred by the mother; or ( * * *ciii) when exclusive breastfeeding is not advised for the mother and/or infant.

          ( * * *2b)  * * *Any This breastfeeding infant feeding policy * * *adopted under this section must shall be written down and all relevant * * *hospital maternal health care facility personnel, including, but not limited to, obstetric and neonatal staff, * * *must shall be trained in the necessary skills to implement the adopted policy.

          ( * * *3c)  * * *Hospitals may Maternal health care facilities shall make a copy of their breastfeeding infant feeding policy available to the State Department of Health.

     SECTION 4.  Section 41-135-7, Mississippi Code of 1972, is amended as follows:

     41-135-7.  (1)  * * *The State Department of Health shall prepare a statement of rights regarding "Breast‑Feeding in Mississippi:  Guidelines."  All maternal health care facilities in the state * * *should make every reasonable effort to shall post a copy of the * * *statement of rights "Breastfeeding in Mississippi:  Guidelines" conspicuously in a public place * * *of the maternal health care facility.  The statement of rights on their premises, and the copy shall be of an adequate size and font so as to be easily read by all visitors and/or patients within the room or space.

     (2)  The "Breastfeeding in Mississippi:  Guidelines" shall include the following statements:

          (a)  Breast milk provides the best source of nutrition for infants, supplying the perfect mix of vitamins and immunities that a child needs to grow and thrive.

          (b)  Know the benefits:

              (i)  Breastfed babies are generally healthier and have significantly lower risks of illnesses such as diabetes, ear infections, allergies, asthma and obesity, and breastfeeding has been linked to higher IQs in children.

              (ii)  Breastfed babies have a much lower risk of sudden infant death syndrome (SIDS).

              (iii)  Mothers also benefit from breastfeeding, having significantly lower risks of breast cancer, ovarian cancer, uterine cancer and postpartum depression.

              (iv)  Even breastfeeding as short as the first week can have a positive health impact on a child.

          (c)  Know the law:

               (i)  A mother has the right to breastfeed in any location, public or private, where she is otherwise authorized to be, which includes hospitals, playgrounds, restaurants, and/or stores.

              (ii)  A mother may breastfeed openly without covering herself if she chooses and doing so is not considered indecent and is not punishable by law.

              (iii)  An employer may not discriminate against a person for using their designated break time to pump or nurse a child.

              (iv)  Parents may request that maternal health care facility staff not feed their baby formula or use pacifiers unless medically necessary.

              (v)  Parents may request that their baby be brought to them at any time during their maternal health care facility stay for regular feedings.

     ( * * *23)  The State Department of Health shall make available to every maternal health care provider and maternal health care facility, via its website, a template copy of the * * *statement of rights guidelines for use within their facilities.  * * *If they post a statement of rights, Maternal health care providers and maternal health care facilities are free to choose whether to use the Department of Health template or develop their own copy as long as it includes the specific text outlined in subsection (2) of this section and later updates and comports to the visibility requirements in subsection (1) of this section.

     ( * * *34)  The State Department of Health shall revise the "Breastfeeding in Mississippi:  Guidelines" as needed to reflect advances in research regarding breastfeeding and to incorporate any additional rights of breastfeeding mothers as * * *subsequently later granted by the * * * Mississippi Legislature, and * * *hospitals may maternal health care facilities shall post the revised version of the "Breastfeeding in Mississippi:  Guidelines" within three (3) months of its updated publishing.

     ( * * *45)  The State Board of Health shall adopt any rules and regulations necessary to ensure the display of these * * *rights guidelines.

     SECTION 5.  Section 41-135-9, Mississippi Code of 1972, is amended as follows:

     41-135-9.  The State Department of Health shall prepare a video in an appropriate medium for presentation in offices of the department in which the department provides benefits to women of childbearing age, which shall provide information about the importance of breastfeeding infants.  Applicants for and recipients of any such benefits provided by the department may view the video in the offices of the department.  The department * * *may shall provide the video to other state agencies that provide benefits to women of childbearing age, for appropriate use by those agencies.

     SECTION 6.  The following shall be codified as Section 41-135-11, Mississippi Code of 1972:

     41-135-11.  Encouraging and promoting breastfeeding provides significant benefits to both employees and employers.  Therefore:

          (a)  All employers shall provide reasonable paid or unpaid break time for an employee who needs to express breast milk for her child.

          (b)  To the extent possible, break times must run concurrently with any paid break time.

          (c)  An employer shall make reasonable effort to provide a private, secure, sanitary room or other location in close proximity to the work area, other than a bathroom or toilet stall, where employees can express milk, and this space must include access to an electrical outlet.

          (d)  Employers may not discriminate against, discipline, or take adverse action against an employee because she has elected to exercise her right under this section.

     SECTION 7.  Section 17-25-9, Mississippi Code of 1972, is amended as follows:

     17-25-9.  (1)  A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be, without respect to whether the mother's breast or any part of it is covered during or incidental to the breastfeeding.

     (2)  Any corporation, manager, agency or person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00) for each offense.

     SECTION 8.  Section 43-20-31, Mississippi Code of 1972, is amended as follows:

     43-20-31.  The Department of Health shall promulgate regulations to ensure that licensed child care facilities shall be required to comply with the following:

          (a)  Breastfeeding mothers, including employees, shall be provided a sanitary place that is not a toilet stall to breastfeed their children or express milk.  This area shall provide an electrical outlet, comfortable chair, and nearby access to running water.

          (b)  A refrigerator will be made available for storage of expressed breast milk following guidelines from the American Academy of Pediatrics and Centers for Disease Control in ensuring that breast milk is properly treated to avoid waste.  Universal precautions are not required in handling human milk.

          (c)  Staff shall be trained in the safe and proper storage and handling of human milk.

          (d)  Breastfeeding promotion information will be displayed in order to positively promote breastfeeding to the clients of the facility.

          (e)  The requirements of Section 41-135-11 and such other requirements as the Board of Health finds desirable or necessary to promote and protect breastfeeding.

     SECTION 9.  Section 71-1-55, Mississippi Code of 1972, is amended as follows:

     71-1-55.  No employer shall prohibit an employee from expressing breast milk during any meal period or other break period provided by the employer.  In addition, each employer shall comply with the requirements of Section 41-135-11.

     SECTION 10.  This act shall take effect and be in force from and after July 1, 2021.

---