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A07202 Summary:

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A07202 Text:

 
                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.
                                                                   LBD10444-03-5
        A. 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.