S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5183

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 6, 2015
                               ___________

Introduced  by  Sen.  HANNON -- 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 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:

  Section 1. Subdivision 3 of section 2505-a of the public  health  law,
as  added  by  chapter  292  of  the laws of 2009, is amended to read as
follows:
  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 inter-
preter  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10444-02-5
              

S. 5183                             2

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.
  * 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

S. 5183                             3

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.
  *  YOU  HAVE THE RIGHT TO TAKE REASONABLE UNPAID BREAKS AT WORK SO YOU
CAN PUMP BREAST MILK FOR UP TO THREE YEARS  FOLLOWING  CHILDBIRTH  UNDER
SECTION  206-C  OF  THE  LABOR  LAW.  YOUR EMPLOYER MUST MAKE REASONABLE
EFFORTS TO PROVIDE A ROOM OR  OTHER  LOCATIONS  WHERE  YOU  CAN  EXPRESS
BREAST  MILK  IN PRIVACY. YOUR EMPLOYER MAY NOT DISCRIMINATE AGAINST YOU
BASED ON YOUR DECISION TO EXPRESS BREAST MILK AT WORK. COMPLAINTS CAN BE
DIRECTED TO THE NEW YORK STATE DEPARTMENT OF LABOR.
  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.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.