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A00789 Summary:BILL NO A00789B
SAME AS Same as S 1107-A
SPONSOR Gunther (MS)
COSPNSR Destito, Gottfried, Jacobs, Hoyt, Peoples-Stokes, Gordon,
Englebright, Lifton, Rivera N, Rosenthal, Jaffee, Finch, Paulin
MLTSPNSR Hooper, John, Lupardo, McEneny, Miller J, Pheffer, Sayward,
Scozzafava, Towns
Add S2505-a, Pub Health L
Provides mothers with basic breastfeeding related rights before, during and
after the birth of her baby; requires posting of list of rights in
conspicuously public locations in maternal healthcare provider's offices;
authorizes commissioner to adopt conforming regulations; defines maternal
healthcare provider.
A00789 Actions:BILL NO A00789B
01/07/2009 referred to health
01/22/2009 reported
01/22/2009 advanced to third reading cal.12
01/27/2009 amended on third reading 789a
02/05/2009 passed assembly
02/05/2009 delivered to senate
02/05/2009 REFERRED TO HEALTH
05/27/2009 recalled from senate
05/27/2009 RETURNED TO ASSEMBLY
05/27/2009 vote reconsidered - restored to third reading
05/27/2009 amended on third reading 789b
06/02/2009 repassed assembly
06/02/2009 returned to senate
06/02/2009 RECOMMITTED TO HEALTH
07/16/2009 SUBSTITUTED FOR S1107A
07/16/2009 3RD READING CAL.845
07/16/2009 PASSED SENATE
07/16/2009 RETURNED TO ASSEMBLY
07/31/2009 delivered to governor
08/11/2009 signed chap.292
08/11/2009 approval memo.12
A00789 Votes:BILL: A00789B DATE: 06/02/2009 MOTION: YEA/NAY: 142/000
Abbate Y Cahill Y Errigo Y Hyer-Sp Y Mayerso Y Quinn Y Stirpe Y
Alessi Y Calhoun Y Espaill Y Jacobs Y McDonou Y Rabbitt Y Sweeney Y
Alfano Y Camara Y Farrell Y Jaffee Y McEneny Y Raia Y Tedisco Y
Amedore Y Canestr Y Fields Y Jeffrie Y McKevit Y Ramos Y Thiele Y
Arroyo Y Carrozz ER Finch Y John Y Meng Y Reilich Y Titone ER
Aubry Y Castro ER Fitzpat Y Jordan Y Miller Y Reilly Y Titus Y
Bacalle Y Christe Y Gabrysz Y Kavanag Y Millman Y Rive J Y Tobacco Y
Ball Y Clark Y Galef Y Kellner Y Molinar Y Rive N Y Towns Y
Barclay Y Colton Y Gantt Y Kolb Y Morelle Y Rive PM Y Townsen Y
Barra Y Conte Y Gianari Y Koon Y Nolan Y Robinso Y Walker Y
Barron Y Cook Y Giglio Y Lancman Y Oaks Y Rosenth Y Weinste Y
Benedet Y Corwin Y Glick Y Latimer Y O'Donne Y Russell Y Weisenb Y
Benjami Y Crouch Y Gordon Y Lavine Y O'Mara Y Saladin Y Weprin Y
Bing Y Cusick Y Gottfri Y Lentol Y Ortiz Y Sayward Y Wright Y
Boyland Y Cymbrow ER Gunther Y Lifton Y Parment Y Scarbor ER Zebrows Y
Boyle Y DelMont Y Hawley Y Lope PD Y Paulin Y Schimel Y Mr Spkr Y
Bradley Y DenDekk Y Hayes Y Lope VJ Y Peoples Y Schimmi Y
Brennan Y Destito Y Heastie ER Lupardo Y Peralta Y Schroed Y
Brodsky Y Dinowit Y Hevesi Y Magee Y Perry Y Scozzaf Y
Brook-K Y Duprey Y Hikind Y Magnare Y Pheffer Y Seminer Y
Burling Y Eddingt Y Hooper Y Maisel Y Powell Y Skartad Y
Butler Y Englebr Y Hoyt Y Markey Y Pretlow Y Spano Y
A00789 Memo:BILL NUMBER:A789B
TITLE OF BILL: An act to amend the public health law, in relation to
breastfeeding mothers' bill of rights
PURPOSE: To provide support for breast feeding as the best modality to
achieve infants' immediate and long term health outcomes
SUMMARY OF PROVISIONS: The Breastfeeding Mothers' Bill of Rights will
codify the New York Codes Rules and Regulations, Best Hospital Practices
and major components of the World Health Organization's Baby Friendly
Guidelines as they pertain to the breast feeding of newborns and
infants. Section 1. A new section is added 2505-a 1. Which is a declara-
tion of public policy that it is every woman's right to be informed
about the benefits of breast feeding and have an environment which is
conducive to what all pediatricians agree to be the safest and healthi-
est choice for newborn and infant feeding. The section also defines
'maternal health care provider' and maternal health care facility'
2505-a 2. Requires the Commissioner to make available on the Health
Department's website for use by maternal health care facilities and
providers the "Breast feeding Mothers' Bill of Rights" in the top six
languages spoken in the state, other than English.
2505-a 3. Contains the "Breast feeding Mothers' Bill of Rights" and
limits those rights only in cases where your health or the health of
your baby requires it.
2505-a 4. Requires the Commissioner to make regulations necessary to
implement this section.
Section 2. 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 breast feeding as the optimum standard for newborn and infant
feeding.
Fewer medical problems and hospital stays for breast fed infants trans-
late to lower health care costs and workplace absenteeism. A 2001 U.S.
Department of Agriculture analysis estimated that at least $3.6 billion
could be saved nationally if only 50% of mothers breastfed their infants
until they were at least six months old. A family's budget can also be
stretched when a mother breastfeeds. Barring limited costs for accesso-
ries, breastfeeding is free while mothers can be expected to spend as
much as $700 or more for the first year of formula feeding.
CDC research performed in 2001 has shown that women who receive the most
post delivery breastfeeding support are eight times more likely to
continue breast feeding for at least six weeks compared to women whose
experience was less favorable.
National statistics show that 70% of mothers breast feed after discharge
from the hospital. That number drops precipitously at six months of
infant life to 14.4% for Caucasian mothers who are still exclusively
breastfeeding their infants, 15.7% for Hispanic mothers and 8.6% for
African American mothers. These statistics from the Center for Disease
Control's (CDC) 2004 National Immunization Survey show that while there
is a significant drop for all races, African American mothers report the
lowest breastfeeding percentages after leaving the hospital. A number of
reasons contribute to these low statistics such as:
-the lack of support for breastfeeding during the mother's in-patient
delivery stay - lack of access to accurate educational materials
-the mother's age and education
-an immediate economic need to return to a work environment that is not
conducive to breastfeeding or pumping
-distribution of commercially produced educational materials and gift
formula packets
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 breast feeding
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."
The Federal government's Healthy people 2010 initiative has set a goal
of increasing rates of breast feeding mothers to 75% upon birth and 50%
until six months of age. While New York State currently has Civil Rights
Laws, Corrections Laws and a Penal Law protecting breast feeding behav-
ior once a mother has taken her infant home from the hospital, there is
no legislation ensuring that women receive appropriate, culturally
sensitive information and support about breastfeeding during and imme-
diately following their delivery. Providing women with early pre and
post delivery support for successful breastfeeding will contribute to
achieving our public health goals for the year 2010.
"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 healthcare provider and maternal health provider
encourage and support breastfeeding. A woman has the right to make her
own choice about breastfeeding. Whether you choose to breast feed or not
you have the following basic rights. These rights are yours regardless
of your race, creed, national origin, sexual orientation or who is
paying for your healthcare.
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 receive complete information about the benefits of
breast feeding for yourself and your baby. This will help you make an
informed choice on how to feed your baby.
* The nutritional, medical and psychological benefits of breast feeding;
* The steps necessary to prepare yourself for breastfeeding;
* An explanation of some of the problems you may encounter and how to
avoid or solve them.
2) IN THE MATERNAL HEALTHCARE 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 in breastfeeding 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 with you 24 hours a day.
* You have the right to breast feed your baby at any time day or night.
* You have the right to know if your doctor or your baby's pediatrician
is advising against breast feeding before any feeding decisions are
made.
* You have the right to have a sign on your baby's crib clearly stating
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 facility
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
breast feeding 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 HEALTHCARE 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 provider.
* You have the right to get information about breastfeeding resources in
your community including information on availability of breast feeding
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 breast feed 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 healthcare 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 via email.
The Commissioner shall make regulations reasonably necessary to imple-
ment this section.
FISCAL IMPLICATIONS: Limited due to translation costs
EFFECTIVE DATE: This act shall take effect on the first day of May next
succeeding the date on which it shall have become law; provided, howev-
er, that effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and completed
on or before such effective date.
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