Assembly Bill A3982

2017-2018 Legislative Session

Relates to establishing a regulatory, educational, and lactation support system for breast milk banks

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A3982 (ACTIVE) - Details

See Senate Version of this Bill:
S47
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2505-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8512, S7569
2019-2020: A2866, S483
2021-2022: A6548, S371
2023-2024: A5390, S1788

2017-A3982 (ACTIVE) - Summary

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

2017-A3982 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3982
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee 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:
 
   Section 1. The public health law is amended by adding  a  new  section
 2505-c to read as follows:
   §  2505-C.  BREAST  MILK  BANKS.  1.  PROCURING,  PROCESSING, STORING,
 DISTRIBUTING AND USING HUMAN  MILK  FOR  THE  PURPOSE  OF  INFANT  HUMAN
 CONSUMPTION  FROM A NONPROFIT HUMAN BREAST MILK BANK IS A RENDERING OF A
 SERVICE AND NOT THE SALE OF HUMAN MILK FOR PROFIT OR FINANCIAL GAIN.
   2. A HOSPITAL OR ORGANIZATION THAT  COLLECTS,  PROCESSES,  STORES,  OR
 DISTRIBUTES  HUMAN  MILK  EITHER  FROM  A MOTHER EXCLUSIVELY FOR HER OWN
 CHILD OR FROM A MOTHER TO NOURISH A  CHILD  OTHER  THAN  HER  OWN  SHALL
 COMPLY WITH THE STANDARDS, ETHICAL PRACTICES AND GUIDELINES FOR COLLECT-
 ING,  PROCESSING,  STORING, OR DISTRIBUTING HUMAN MILK OF THE HUMAN MILK
 BANKING ASSOCIATION OF NORTH  AMERICA  UNLESS  THE  DEPARTMENT  APPROVES
 ALTERNATE STANDARDS.
   3.  NO  SCREENING  TEST  IS  REQUIRED  TO  BE  PERFORMED ON HUMAN MILK
 COLLECTED FROM A MOTHER EXCLUSIVELY FOR HER OWN CHILD.
   4. A FOR-PROFIT HUMAN BREAST MILK BANK, COMPANY, OR  COOPERATIVE  THAT
 PROVIDES  FINANCIAL COMPENSATION OR SHARES IN STOCK FOR PROCURING, PROC-
 ESSING, DISTRIBUTING, OR USING HUMAN  MILK  FOR  THE  PURPOSE  OF  HUMAN
 CONSUMPTION MUST COMPLY WITH THE STANDARDS, ETHICAL PRACTICES AND GUIDE-
 LINES  OF  THE  HUMAN  MILK BANKING ASSOCIATION OF NORTH AMERICA OR MORE
 STRINGENT GUIDELINES  FOR  SAFE  PROCUREMENT,  PROCESSING,  STORING,  OR
 DISTRIBUTION OF HUMAN BREAST MILK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04709-01-7
              

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