|SAME AS||SAME AS S05183|
|COSPNSR||Miller, Gottfried, Clark, Cook, Jaffee, Lavine, Rozic, Zebrowski, Mosley, Simon, Simotas, Blake, Murray, Arroyo, Steck, Hooper, Barrett, Raia|
|MLTSPNSR||Duprey, Englebright, Friend, Glick, Lupinacci, Markey, Rivera|
|Amd S2505-a, Pub Health L|
|Updates the breastfeeding mothers' bill of rights.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7202A SPONSOR: Gunther
TITLE OF BILL: An act to amend the public health law, in relation to the breastfeeding mother's bill of rights   PURPOSE: To provide support for breastfeeding as the best modality to achieve infants' immediate and long term health outcomes by making moth- ers aware of their right to take reasonable, unpaid breaks at work in order to pump breast milk.   SUMMARY OF PROVISIONS: Section one amends subdivision 3 of section 2505-a of the public health law to include mother's rights under section 206-c of the Labor Law in the Breastfeeding Mother's Bill of Rights. Section two is the effective date.   JUSTIFICATION: The Breastfeeding Mothers' Bill of Rights is the work of a team of pediatricians, WIC personnel, New York City Department of Health staff and lactation specialists. It represents their expertise and experience in the health delivery system and the need for providing support for breastfeeding as the best modality to achieve infants' imme- diate and long term health outcomes. A public posting in maternal healthcare facilities, nurseries, maternity floors and post-delivery recovery rooms of these rights and like distribution will encourage and support breastfeeding as the optimum standard for newborn and infant feeding. Numerous studies and reports published over the last several decades by the CDC, FDA and American Academy of Pediatrics have concluded that breast fed infants have fewer hospital stays and suffer fewer ear and gastrointestinal infections, rashes, food allergies, diarrhea and are at lower risk for sudden infant death syndrome, asthma and obesity than bottle-fed babies. This is especially true when exclusive breastfeeding is continued from six months until the child is one year old as anti- bodies contained in the mother's milk contribute to lowering the risk factors for these medical problems and infections. The American College of Obstetricians and Gynecologists supports extended breastfeeding because it has a long range benefit of reducing the risk of ovarian and breast cancers. Additional benefits to mothers are a lower risk of adult-onset diabetes and osteoporosis. Even the International Formula Council, a trade association, has stated, "Breastfeeding is the preferred and recommended method of infant feeding." Consequently, it is important that mothers are aware of their breast- feeding rights to safeguard their own health and the health of their children. Under section 206-c of the Labor Law, women have the right to take reasonable, unpaid breaks at work in order to pump breast milk for up to three years following childbirth. Including this right in the Breastfeeding Mothers' Bill of Rights, which is publically posted in maternal healthcare facilities, nurseries, maternity floors and post-de- livery rooms, ensures that women are aware of this right and the fact that their employers cannot discriminate against them based on their decision to express breast milk at work.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None to state.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ 7202--A Cal. No. 387 2015-2016 Regular Sessions IN ASSEMBLY 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. LBD10444-03-5A. 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 § 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.