Bill Text: NY S00483 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires human breast milk banks, companies and cooperatives to comply with certain standards and provides for education and support of certain breastfeeding mothers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S00483 Detail]

Download: New_York-2019-S00483-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           483
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- 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  requiring  human
          breast  milk  banks, companies and cooperatives to comply with certain
          standards and to provide for education and support of certain  breast-
          feeding mothers
          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-b to read as follows:
     3    §  2505-b.  Breast  milk  banks.  1.  Procuring,  processing, storing,
     4  distributing and using human  milk  for  the  purpose  of  infant  human
     5  consumption  from a nonprofit human breast milk bank is a rendering of a
     6  service and not the sale of human milk for profit or financial gain.
     7    2. A hospital or organization that  collects,  processes,  stores,  or
     8  distributes  human  milk  either  from  a mother exclusively for her own
     9  child or from a mother to nourish a  child  other  than  her  own  shall
    10  comply with the standards, ethical practices and guidelines for collect-
    11  ing,  processing,  storing, or distributing human milk of the Human Milk
    12  Banking Association of North  America  unless  the  department  approves
    13  alternate standards.
    14    3.  No  screening  test  is  required  to  be  performed on human milk
    15  collected from a mother exclusively for her own child.
    16    4. A for-profit human breast milk bank, company, or  cooperative  that
    17  provides  financial compensation or shares in stock for procuring, proc-
    18  essing, distributing, or using human  milk  for  the  purpose  of  human
    19  consumption must comply with the standards, ethical practices and guide-
    20  lines  of  the  Human  Milk Banking Association of North America or more
    21  stringent guidelines  for  safe  procurement,  processing,  storing,  or
    22  distribution of human breast milk.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03276-01-9
        S. 483                              2
     1    5.  (a)  A  for-profit human breast milk bank, company, or cooperative
     2  working with breastfeeding mothers in this state can  only  accept  milk
     3  from a mother who is at least one hundred and eighty days postpartum.
     4    (b) A for-profit human breast milk bank, company, or cooperative oper-
     5  ating in this state cannot remit payment to a participating mother until
     6  at least twenty-eight days after receipt and acceptance of the expressed
     7  human breast milk.
     8    6.  A for-profit human breast milk bank, company, or cooperative shall
     9  work with local, community-based lactation  support  groups  to  provide
    10  ongoing  breastfeeding  education  and lactation support for its partic-
    11  ipating mothers to ensure that the needs  of  the  nursing  children  of
    12  participating  mothers  are the priority and are adequately nourished by
    13  the mother's own breast milk.
    14    7. A for-profit human breast milk bank, company, or cooperative  oper-
    15  ating  in  this  state shall ensure that, at a minimum, fifty percent of
    16  the human breast milk produced by participating mothers  in  a  specific
    17  locality  is  distributed  to hospitals in this state for the hospital's
    18  neonatal intensive care unit or to local  nonprofit  human  breast  milk
    19  banks  to  provide  human  breast  milk  for vulnerable premature or ill
    20  infants or for distribution to foster parents  or  adoptive  parents  in
    21  this  state who wish to provide breast milk for their foster or adoptive
    22  newborn or infant children.
    23    8. A for-profit human breast milk bank operating in this  state  shall
    24  conduct  an  annual audit, at its own expense, that clearly demonstrates
    25  whether or not the distribution of breast milk collected  complies  with
    26  the  requirements  of  subdivision  six  of this section. The for-profit
    27  human breast milk bank shall submit a report with the  findings  of  the
    28  audit to the department no later than January thirty-first, two thousand
    29  twenty-one and every January thirty-first annually thereafter.
    30    9.  A  for-profit human breast milk bank that does not comply with the
    31  provisions of subdivision eight of this section shall be responsible for
    32  a fine to be determined by the  commissioner.    The  comptroller  shall
    33  credit  the  money  from  such fines to the department for use in infant
    34  mortality prevention projects.
    35    10. The provisions of this section shall not apply to mother-to-mother
    36  milk sharing groups.
    37    § 2. This act shall take effect on the first of January next  succeed-
    38  ing the date upon which it shall have become a law.