S T A T E O F N E W Y O R K
________________________________________________________________________
789--B
Cal. No. 12
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. GUNTHER, DESTITO, GOTTFRIED, JACOBS, HOYT,
PEOPLES, GORDON, ENGLEBRIGHT, LIFTON, N. RIVERA, ROSENTHAL, JAFFEE,
FINCH, PAULIN -- Multi-Sponsored by -- M. of A. HOOPER, JOHN, LUPARDO,
McENENY, MILLER, PHEFFER, SAYWARD, SCOZZAFAVA, TOWNS -- 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 -- passed by Assembly and
delivered to the Senate, recalled from the Senate, vote reconsidered,
bill amended, ordered reprinted, retaining its place on the special
order of third reading
AN ACT to amend the public health law, in relation to breastfeeding
mothers' bill of rights
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-a to read as follows:
S 2505-A. RIGHTS OF BREASTFEEDING MOTHERS. 1. THE PRINCIPLES ENUNCI-
ATED IN SUBDIVISION THREE OF THIS SECTION ARE DECLARED TO BE THE PUBLIC
POLICY OF THE STATE AND A COPY OF SUCH STATEMENT OF RIGHTS SHALL BE
POSTED CONSPICUOUSLY IN A PUBLIC PLACE IN EACH MATERNAL HEALTH CARE
FACILITY. FOR PURPOSES OF THIS SECTION, "MATERNAL HEALTH CARE PROVIDER"
MEANS A PHYSICIAN, MIDWIFE, OR OTHER AUTHORIZED PRACTITIONER ATTENDING A
PREGNANT WOMAN; AND "MATERNAL HEALTH CARE FACILITY" INCLUDES HOSPITALS
AND FREESTANDING BIRTHING CENTERS PROVIDING PERINATAL SERVICES IN
ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THIS CHAPTER AND APPLICABLE
REGULATIONS.
2. THE COMMISSIONER SHALL MAKE AVAILABLE TO EVERY MATERNAL HEALTH CARE
PROVIDER AND MATERNAL HEALTH CARE FACILITY, ON THE HEALTH DEPARTMENT'S
WEBSITE FOR THE PURPOSE OF HEALTH CARE FACILITIES TO INCLUDE SUCH RIGHTS
IN THE MATERNITY INFORMATION LEAFLET AS DESCRIBED IN SECTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01150-10-9
A. 789--B 2
TWENTY-EIGHT HUNDRED THREE-J OF THIS CHAPTER, A COPY OF THE STATEMENT OF
RIGHTS PROVIDED IN SUBDIVISION THREE OF THIS SECTION IN THE TOP SIX
LANGUAGES OTHER THAN ENGLISH SPOKEN IN THE STATE ACCORDING TO THE LATEST
AVAILABLE DATA FROM THE U.S. BUREAU OF CENSUS, AND SHALL ADOPT ANY RULES
AND REGULATIONS NECESSARY TO ENSURE THAT SUCH PATIENTS ARE TREATED IN
ACCORDANCE WITH THE PROVISIONS OF SUCH STATEMENT.
3. THE STATEMENT OF RIGHTS SHALL CONSIST OF THE FOLLOWING:
"BREASTFEEDING MOTHERS' BILL OF RIGHTS"
CHOOSING THE WAY YOU WILL FEED YOUR NEW BABY IS ONE OF THE IMPORTANT
DECISIONS YOU WILL MAKE IN PREPARING FOR YOUR INFANT'S ARRIVAL. DOCTORS
AGREE THAT FOR MOST WOMEN BREASTFEEDING IS THE SAFEST AND MOST HEALTHY
CHOICE. IT IS YOUR RIGHT TO BE INFORMED ABOUT THE BENEFITS OF BREAST-
FEEDING AND HAVE YOUR HEALTH CARE PROVIDER AND MATERNAL HEALTH CARE
FACILITY ENCOURAGE AND SUPPORT BREASTFEEDING. YOU HAVE THE RIGHT TO MAKE
YOUR OWN CHOICE ABOUT BREASTFEEDING. WHETHER YOU CHOOSE TO BREASTFEED
OR NOT YOU HAVE THE FOLLOWING BASIC RIGHTS REGARDLESS OF YOUR RACE,
CREED, NATIONAL ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY OR
EXPRESSION, OR SOURCE OF PAYMENT FOR YOUR HEALTH CARE. MATERNAL HEALTH
CARE FACILITIES HAVE A RESPONSIBILITY TO ENSURE THAT YOU UNDERSTAND
THESE RIGHTS. THEY MUST PROVIDE THIS INFORMATION CLEARLY FOR YOU AND
MUST PROVIDE AN INTERPRETER IF NECESSARY. THESE RIGHTS MAY ONLY BE
LIMITED IN CASES WHERE YOUR HEALTH OR THE HEALTH OF YOUR BABY REQUIRES
IT. IF ANY OF THE FOLLOWING THINGS ARE NOT MEDICALLY RIGHT FOR YOU OR
YOUR BABY, YOU SHOULD BE FULLY INFORMED OF THE FACTS AND BE CONSULTED.
(1) BEFORE YOU DELIVER, IF YOU ATTEND PRENATAL CHILDBIRTH EDUCATION
CLASSES PROVIDED BY THE MATERNAL HEALTH CARE FACILITY AND ALL HOSPITAL
CLINICS AND DIAGNOSTIC AND TREATMENT CENTERS PROVIDING PRENATAL SERVICES
IN ACCORDANCE WITH ARTICLE 28 OF THE PUBLIC HEALTH LAW YOU MUST RECEIVE
THE BREASTFEEDING MOTHERS' BILL OF RIGHTS. EACH MATERNAL HEALTH CARE
FACILITY SHALL PROVIDE THE MATERNITY INFORMATION LEAFLET, INCLUDING THE
BREASTFEEDING MOTHERS' BILL OF RIGHTS, IN ACCORDANCE WITH SECTION TWEN-
TY-EIGHT HUNDRED THREE-I OF THIS CHAPTER TO EACH PATIENT OR TO THE
APPOINTED PERSONAL REPRESENTATIVE AT THE TIME OF PREBOOKING OR TIME OF
ADMISSION TO A MATERNAL HEALTH CARE FACILITY. EACH MATERNAL HEALTH CARE
PROVIDER SHALL GIVE A COPY OF THE BREASTFEEDING MOTHERS' BILL OF RIGHTS
TO EACH PATIENT AT OR PRIOR TO THE MEDICALLY APPROPRIATE TIME.
YOU HAVE THE RIGHT TO COMPLETE INFORMATION ABOUT THE BENEFITS OF
BREASTFEEDING FOR YOURSELF AND YOUR BABY. THIS WILL HELP YOU MAKE AN
INFORMED CHOICE ON HOW TO FEED YOUR BABY.
YOU HAVE THE RIGHT TO RECEIVE INFORMATION THAT IS FREE OF COMMERCIAL
INTERESTS AND INCLUDES:
* HOW BREASTFEEDING BENEFITS YOU AND YOUR BABY NUTRITIONALLY,
MEDICALLY AND EMOTIONALLY;
* HOW TO PREPARE YOURSELF FOR BREASTFEEDING;
* HOW TO UNDERSTAND SOME OF THE PROBLEMS YOU MAY FACE AND HOW TO SOLVE
THEM.
(2) IN THE MATERNAL HEALTH CARE FACILITY:
* YOU HAVE THE RIGHT TO HAVE YOUR BABY STAY WITH YOU RIGHT AFTER BIRTH
WHETHER YOU DELIVER VAGINALLY OR BY CESAREAN SECTION. YOU HAVE THE RIGHT
TO BEGIN BREASTFEEDING WITHIN ONE HOUR AFTER BIRTH.
* YOU HAVE THE RIGHT TO HAVE SOMEONE TRAINED TO HELP YOU IN BREAST-
FEEDING GIVE YOU INFORMATION AND HELP YOU WHEN YOU NEED IT.
* YOU HAVE THE RIGHT TO HAVE YOUR BABY NOT RECEIVE ANY BOTTLE FEEDING
OR PACIFIERS.
* YOU HAVE THE RIGHT TO KNOW ABOUT AND REFUSE ANY DRUGS THAT MAY DRY
UP YOUR MILK.
A. 789--B 3
* YOU HAVE THE RIGHT TO HAVE YOUR BABY IN YOUR ROOM WITH YOU 24 HOURS
A DAY.
* YOU HAVE THE RIGHT TO BREASTFEED YOUR BABY AT ANY TIME DAY OR NIGHT.
* YOU HAVE THE RIGHT TO KNOW IF YOUR DOCTOR OR YOUR BABY'S PEDIATRI-
CIAN IS ADVISING AGAINST BREASTFEEDING BEFORE ANY FEEDING DECISIONS ARE
MADE.
* YOU HAVE THE RIGHT TO HAVE A SIGN ON YOUR BABY'S CRIB CLEARLY STAT-
ING THAT YOUR BABY IS BREASTFEEDING AND THAT NO BOTTLE FEEDING OF ANY
TYPE IS TO BE OFFERED.
* YOU HAVE THE RIGHT TO RECEIVE FULL INFORMATION ABOUT HOW YOU ARE
DOING WITH BREASTFEEDING AND GET HELP ON HOW TO IMPROVE.
* YOU HAVE THE RIGHT TO BREASTFEED YOUR BABY IN THE NEONATAL INTENSIVE
CARE UNIT. IF NURSING IS NOT POSSIBLE, EVERY ATTEMPT WILL BE MADE TO
HAVE YOUR BABY RECEIVE YOUR PUMPED OR EXPRESSED MILK.
* IF YOU, OR YOUR BABY, ARE RE-HOSPITALIZED IN A MATERNAL CARE FACILI-
TY AFTER THE INITIAL DELIVERY STAY, THE HOSPITAL WILL MAKE EVERY EFFORT
TO CONTINUE TO SUPPORT BREASTFEEDING, TO PROVIDE HOSPITAL GRADE ELECTRIC
PUMPS AND ROOMING IN FACILITIES.
* YOU HAVE THE RIGHT TO HAVE HELP FROM SOMEONE SPECIALLY TRAINED IN
BREASTFEEDING SUPPORT AND EXPRESSING BREAST MILK IF YOUR BABY HAS
SPECIAL NEEDS.
* YOU HAVE THE RIGHT TO HAVE A FAMILY MEMBER OR FRIEND RECEIVE BREAST-
FEEDING INFORMATION FROM A STAFF MEMBER IF YOU REQUEST IT.
(3) WHEN YOU LEAVE THE MATERNAL HEALTH CARE FACILITY:
* YOU HAVE THE RIGHT TO PRINTED BREASTFEEDING INFORMATION FREE OF
COMMERCIAL MATERIAL.
* YOU HAVE THE RIGHT, UNLESS SPECIFICALLY REQUESTED BY YOU, AND AVAIL-
ABLE AT THE FACILITY, TO BE DISCHARGED FROM THE FACILITY WITHOUT
DISCHARGE PACKS CONTAINING INFANT FORMULA, OR FORMULA COUPONS UNLESS
ORDERED BY YOUR BABY'S HEALTH CARE PROVIDER.
* YOU HAVE THE RIGHT TO GET INFORMATION ABOUT BREASTFEEDING RESOURCES
IN YOUR COMMUNITY INCLUDING INFORMATION ON AVAILABILITY OF BREASTFEEDING
CONSULTANTS, SUPPORT GROUPS AND BREAST PUMPS.
* YOU HAVE THE RIGHT TO HAVE THE FACILITY GIVE YOU INFORMATION TO HELP
CHOOSE A MEDICAL PROVIDER FOR YOUR BABY AND UNDERSTAND THE IMPORTANCE OF
A FOLLOW-UP APPOINTMENT.
* YOU HAVE THE RIGHT TO RECEIVE INFORMATION ABOUT SAFELY COLLECTING
AND STORING YOUR BREAST MILK.
* YOU HAVE THE RIGHT TO BREASTFEED YOUR BABY IN ANY LOCATION, PUBLIC
OR PRIVATE, WHERE YOU ARE OTHERWISE AUTHORIZED TO BE. COMPLAINTS CAN BE
DIRECTED TO THE NEW YORK STATE DIVISION OF HUMAN RIGHTS.
ALL THE ABOVE ARE YOUR RIGHTS. IF THE MATERNAL HEALTH CARE FACILITY
DOES NOT HONOR THESE RIGHTS YOU CAN SEEK HELP BY CONTACTING THE NEW YORK
STATE DEPARTMENT OF HEALTH OR BY CONTACTING THE HOSPITAL COMPLAINT
HOTLINE OR VIA EMAIL.
4. THE COMMISSIONER SHALL MAKE REGULATIONS REASONABLY NECESSARY TO
IMPLEMENT THIS SECTION.
S 2. This act shall take effect on the first of May next succeeding
the date on which it shall have become a law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed by the
commissioner of health on or before such effective date.