MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Human Services; Judiciary A
By: Representative Banks
AN ACT TO SUPPORT AND PROMOTE BREAST-FEEDING IN MISSISSIPPI THROUGH LEGISLATIVE ACKNOWLEDGEMENT OF THE MANY BENEFITS OF BREAST-FEEDING; TO REQUIRE EMPLOYERS TO PROVIDE EMPLOYEES WITH A REASONABLE BREAK TIME AND A PRIVATE SPACE TO EXPRESS MILK DURING WORK HOURS; TO REQUIRE ALL HOSPITALS THAT PROVIDE BIRTH SERVICES TO HAVE A WRITTEN INFANT FEEDING POLICY THAT SUPPORTS BREAST-FEEDING, WHICH ALL RELEVANT HOSPITAL PERSONNEL MUST BE SUFFICIENTLY TRAINED IN; TO REQUIRE MATERNAL HEALTH CARE FACILITIES TO DISPLAY A "BREAST-FEEDING IN MISSISSIPPI: GUIDELINES" SIGN IN A PUBLIC PLACE ON THEIR PREMISES; TO SPECIFY THE CONTENTS OF THE BREAST-FEEDING GUIDELINES AND REQUIRE THE STATE DEPARTMENT OF HEALTH TO REVISE THE GUIDELINES AS NEEDED; 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 BREAST-FEED 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. (1) The Legislature of the State of Mississippi acknowledges that extensive research demonstrates the wide-ranging and compelling benefits of breast-feeding for infants, mothers, families, businesses and the state, including:
(a) Numerous health benefits to the child, such as significantly reduced risk of sudden infant death syndrome (SIDS), asthma, allergies, obesity, ear infections, leukemia, and diabetes, as well as increased cognitive abilities and parental attachment;
(b) Numerous health benefits to the mother, such as significantly reduced risk of breast cancer, ovarian cancer, uterine cancer, postpartum depression, osteoporosis, and reduced rates of obesity through increased postpartum weight loss;
(c) Significant economic benefits to individual families as the United States Surgeon General estimates that the average family can save nearly One Thousand Five Hundred Dollars ($1,500.00) during a baby's first year of life using optimal breast-feeding 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 breast-feeding practices.
(2) The Legislature also recognizes, despite this multitude of benefits, provided at no cost, Mississippi still has one of the lowest breast-feeding rates in the country, and mothers in Mississippi face many barriers to breast-feeding, including social stigma, lack of education and lack of support.
(3) Therefore, the Legislature declares the intent of this act to create policies that will promote and support breast-feeding in Mississippi, specifically by:
(a) Educating mothers about the benefits of breast-feeding and their rights as a breast-feeding mother;
(b) Ensuring that hospitals and employers become places of breast-feeding support and have policies to facilitate a mother's choice to breast-feed; and
(c) Removing the social stigma of breast-feeding through increased protections of existing breast-feeding rights.
SECTION 2. (1) As used in this section, the following terms shall be defined as provided in this subsection:
(a) "Employer" means a person engaged in business who has one or more employees and includes the state and its political subdivisions;
(b) "Reasonable effort" means any effort that does not impose an undue hardship on the operation of the employer's business;
(c) "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.
(2) Encouraging and promoting breast-feeding 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 shall 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 shall include access to an electrical outlet.
(d) Employers shall not discriminate against, discipline, or take adverse action against an employee because they have elected to exercise their right under this section.
SECTION 3. It is important that all Mississippi hospitals and maternal health care facilities become places of breast-feeding 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 breast-feed. Therefore:
(a) All hospitals that provide birth services shall adopt an infant feeding policy that promotes and supports breast-feeding. Infant feeding policies adopted under this section shall include guidance on the use of formula (i) for medically necessary supplementation, (ii) if preferred by the mother, or (iii) when exclusive breast-feeding is not advised for the mother and/or infant.
(b) This breast-feeding infant feeding policy shall be written down and all relevant hospital personnel, including, but not limited to, obstetric and neonatal staff, shall be trained in the necessary skills to implement the policy.
(c) Hospitals shall make a copy of their breast-feeding infant feeding policy available to the State Department of Health on request.
SECTION 4. (1) As used in this section, the following terms shall be defined as provided in this subsection:
(a) "Public place" means a place of high patient traffic within the maternal health care facility such as a lobby or waiting room;
(b) "Maternal health care facility" means any facility that provides prenatal or perinatal care, including, but not limited to, hospitals, clinics, pediatric offices, and other physical facilities;
(c) "Maternal health care provider" means any physician, nurse, or other authorized practitioner that attends to pregnant women and mothers of infants.
(2) All maternal health care facilities shall post a copy of the "Breast-feeding in Mississippi: Guidelines" conspicuously in a public place on their premises and the copy shall be of adequate size and font so as to be easily read by all visitors and/or patients within the room or space.
(3) The "Breast-feeding 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) Breast-fed babies are generally healthier and have significantly lower risks of illnesses such as diabetes, ear infections, allergies, asthma and obesity, and breast-feeding has been linked to higher IQs in children.
(ii) Breast-fed babies have a much lower risk of sudden infant death syndrome (SIDS).
(iii) Mothers also benefit from breast-feeding, having significantly lower risks of breast cancer, ovarian cancer, uterine cancer and postpartum depression.
(iv) Even breast-feeding 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 breast-feed 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 breast-feed openly without covering herself if she chooses and doing so is not considered indecent and is not punishable by law.
(iii) An employer cannot discriminate against a person for using their designated break time to pump or nurse a child.
(iv) Parents may request that hospital staff not feed their baby formula or pacifiers unless medically necessary.
(v) Parents may request that their baby be brought to them at any time during their hospital stay for regular feedings.
(3) The "Breast-feeding in Mississippi: Guidelines" shall be revised as needed by the State Department of Health, to reflect advances in research regarding breast-feeding and to incorporate
any additional rights of breast-feeding mothers as later granted by the Legislature and hospitals shall post the revised version of the "Breast-feeding in Mississippi: Guidelines" within three (3) months of its updated publishing.
(4) The State Department of Health shall make available to every maternal health care facility, via its website, a template copy of the guidelines for use within their facilities. 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 (3) and later updates and comports with the visibility requirements in subsection (2) of this section.
SECTION 5. Section 17-25-9, Mississippi Code of 1972, is amended as follows:
17-25-9. (1) A mother may breast-feed 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 breast-feeding.
(2) Any corporation, manager, agency or person who violates the provisions of 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 6. 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) Breast-feeding mothers, including employees, shall be provided a sanitary place that is not a toilet stall to breast-feed 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) Breast-feeding promotion information will be displayed in order to positively promote breast-feeding to the clients of the facility.
(e) The requirements of Section 2 of this act and such other requirements as the Board of Health finds desirable or necessary to promote and protect breast-feeding.
SECTION 7. 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 2 of this act.
SECTION 8. This act shall take effect and be in force from and after July 1, 2016.