Bill Text: NY A07202 | 2015-2016 | General Assembly | Amended


Bill Title: Updates the breastfeeding mothers' bill of rights.

Spectrum: Moderate Partisan Bill (Democrat 21-5)

Status: (Passed) 2015-11-20 - signed chap.446 [A07202 Detail]

Download: New_York-2015-A07202-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7202--A
                                                               Cal. No. 387
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2015
                                      ___________
       Introduced  by M. of A. GUNTHER, MILLER, GOTTFRIED, CLARK, COOK, JAFFEE,
         LAVINE, ROZIC,  ZEBROWSKI,  MOSLEY,  SIMON,  SIMOTAS,  BLAKE,  MURRAY,
         ARROYO,  STECK  -- Multi-Sponsored by -- M. of A. DUPREY, ENGLEBRIGHT,
         GLICK, MARKEY -- read once and referred to the Committee on Health  --
         reported  from  committee,  advanced  to  a third reading, amended and
         ordered reprinted, retaining its place on the order of third reading
       AN ACT to amend the public health law, in relation to the  breastfeeding
         mother's bill of rights
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 2505-a of the public  health  law,
    2  as  added  by  chapter  292  of  the laws of 2009, is amended to read as
    3  follows:
    4    3. The statement of rights shall consist of the following:
    5                   "Breastfeeding Mothers' Bill of Rights"
    6    Choosing the way you will feed your new baby is one of  the  important
    7  decisions  you will make in preparing for your infant's arrival. Doctors
    8  agree that for most women breastfeeding is the safest and  most  healthy
    9  choice.  It  is  your right to be informed about the benefits of breast-
   10  feeding and have your health care  provider  and  maternal  health  care
   11  facility encourage and support breastfeeding. You have the right to make
   12  your own choice about breastfeeding. Whether you choose to breastfeed or
   13  not  you have the following basic rights regardless of your race, creed,
   14  national origin, sexual orientation, gender identity or  expression,  or
   15  source  of payment for your health care. Maternal health care facilities
   16  have a responsibility to ensure that you understand these  rights.  They
   17  must provide this information clearly for you and must provide an inter-
   18  preter  if  necessary.  These  rights may only be limited in cases where
   19  your health or the health of your  baby  requires  it.  If  any  of  the
   20  following  things  are  not  medically  right  for you or your baby, you
   21  should be fully informed of the facts and be consulted.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10444-03-5
       A. 7202--A                          2
    1  (1) Before You Deliver, if  you  attend  prenatal  childbirth  education
    2  classes  provided  by the maternal health care facility and all hospital
    3  clinics and diagnostic and treatment centers providing prenatal services
    4  in accordance with article 28 of the public health law you must  receive
    5  the  breastfeeding  mothers'  bill  of rights. Each maternal health care
    6  facility shall provide the maternity information leaflet, including  the
    7  Breastfeeding  Mothers' Bill of Rights, in accordance with section twen-
    8  ty-eight hundred three-i of this chapter  to  each  patient  or  to  the
    9  appointed  personal  representative at the time of prebooking or time of
   10  admission to a maternal health care facility. Each maternal health  care
   11  provider  shall give a copy of the Breastfeeding Mothers' Bill of Rights
   12  to each patient at or prior to the medically appropriate time.
   13    You have the right to  complete  information  about  the  benefits  of
   14  breastfeeding  for  yourself  and  your baby. This will help you make an
   15  informed choice on how to feed your baby.
   16    You have the right to receive information that is free  of  commercial
   17  interests and includes:
   18    *   How  breastfeeding  benefits  you  and  your  baby  nutritionally,
   19  medically and emotionally;
   20    * How to prepare yourself for breastfeeding;
   21    * How to understand some of the problems you may face and how to solve
   22  them.
   23  (2) In The Maternal Health Care Facility:
   24    * You have the right to have your baby stay with you right after birth
   25  whether you deliver vaginally or by cesarean section. You have the right
   26  to begin breastfeeding within one hour after birth.
   27    * You have the right to have someone trained to help  you  in  breast-
   28  feeding give you information and help you when you need it.
   29    *  You have the right to have your baby not receive any bottle feeding
   30  or pacifiers.
   31    * You have the right to know about and refuse any drugs that  may  dry
   32  up your milk.
   33    *  You have the right to have your baby in your room with you 24 hours
   34  a day.
   35    * You have the right to breastfeed your baby at any time day or night.
   36    * You have the right to know if your doctor or your  baby's  pediatri-
   37  cian  is advising against breastfeeding before any feeding decisions are
   38  made.
   39    * You have the right to have a sign on your baby's crib clearly  stat-
   40  ing  that  your  baby is breastfeeding and that no bottle feeding of any
   41  type is to be offered.
   42    * You have the right to receive full information  about  how  you  are
   43  doing with breastfeeding and get help on how to improve.
   44    * You have the right to breastfeed your baby in the neonatal intensive
   45  care  unit.  If  nursing  is not possible, every attempt will be made to
   46  have your baby receive your pumped or expressed milk.
   47    * If you, or your baby, are re-hospitalized in a maternal care facili-
   48  ty after the initial delivery stay, the hospital will make every  effort
   49  to continue to support breastfeeding, to provide hospital grade electric
   50  pumps and rooming in facilities.
   51    *  You  have  the right to have help from someone specially trained in
   52  breastfeeding support and  expressing  breast  milk  if  your  baby  has
   53  special needs.
   54    * You have the right to have a family member or friend receive breast-
   55  feeding information from a staff member if you request it.
   56  (3) When You Leave The Maternal Health Care Facility:
       A. 7202--A                          3
    1    *  You  have  the  right  to printed breastfeeding information free of
    2  commercial material.
    3    * You have the right, unless specifically requested by you, and avail-
    4  able  at  the  facility,  to  be  discharged  from  the facility without
    5  discharge packs containing infant formula,  or  formula  coupons  unless
    6  ordered by your baby's health care provider.
    7    *  You have the right to get information about breastfeeding resources
    8  in your community including information on availability of breastfeeding
    9  consultants, support groups and breast pumps.
   10    * You have the right to have the facility give you information to help
   11  choose a medical provider for your baby and understand the importance of
   12  a follow-up appointment.
   13    * You have the right to receive information  about  safely  collecting
   14  and storing your breast milk.
   15    *  You  have the right to breastfeed your baby in any location, public
   16  or private, where you are otherwise authorized to be. Complaints can  be
   17  directed to the New York State Division of Human Rights.
   18    *  YOU  HAVE THE RIGHT TO TAKE REASONABLE UNPAID BREAKS AT WORK SO YOU
   19  CAN PUMP BREAST MILK FOR UP TO THREE YEARS  FOLLOWING  CHILDBIRTH  UNDER
   20  SECTION  206-C  OF  THE  LABOR  LAW.  YOUR EMPLOYER MUST MAKE REASONABLE
   21  EFFORTS TO PROVIDE A ROOM OR  OTHER  LOCATIONS  WHERE  YOU  CAN  EXPRESS
   22  BREAST  MILK  IN PRIVACY. YOUR EMPLOYER MAY NOT DISCRIMINATE AGAINST YOU
   23  BASED ON YOUR DECISION TO EXPRESS BREAST MILK AT WORK. COMPLAINTS CAN BE
   24  DIRECTED TO THE NEW YORK STATE DEPARTMENT OF LABOR.
   25    All the above are your rights. If the maternal  health  care  facility
   26  does not honor these rights you can seek help by contacting the New York
   27  state  department  of  health  or  by  contacting the hospital complaint
   28  hotline or via email.
   29    S 2. This act shall take effect on the first of January next  succeed-
   30  ing the date on which it shall have become a law.
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