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S01528 Summary:

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S01528 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1528--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 13, 2015
                                       ___________
 
        Introduced  by  Sens.  KLEIN, CARLUCCI, SAVINO -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Health
          -- reported favorably from said committee and committed to the Commit-
          tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law, in relation to the  reduction  of
          emphysema,  chronic  bronchitis and other chronic respiratory diseases
          in children (Part A); to amend the public health law, in  relation  to
          directing  the  health  research  science  board  to study respiratory
          diseases and obesity (Part B); and to amend the public health law,  in
          relation  to  breastfeeding  of  infants  and the adolescent pregnancy
          nutrition counseling program (Part C)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   This act enacts into law major components of legislation
     2  which combat the incidence of adult and child  obesity  and  respiratory
     3  diseases.    Each component is wholly contained within a Part identified
     4  as Parts A through C. The effective date for each  particular  provision
     5  contained  within  such  Part  is  set forth in the last section of such
     6  Part. Any provision in any section contained within  a  Part,  including
     7  the effective date of the Part, which makes a reference to a section "of
     8  this act", when used in connection with that particular component, shall
     9  be  deemed to mean and refer to the corresponding section of the Part in
    10  which it is found.  Section three of this act  sets  forth  the  general
    11  effective date of this act.
 
    12                                   PART A
 
    13    Section  1.    Section  2599-b of the public health law, as amended by
    14  section 88 of part B of chapter 58 of the laws of 2005,  is  amended  to
    15  read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03952-03-5
        S. 1528--A                          2
 
     1    §  2599-b.  Program development.   1. The program shall be designed to
     2  prevent and reduce the incidence and prevalence of obesity  in  children
     3  and adolescents, especially among populations with high rates of obesity
     4  and  obesity-related health complications including, but not limited to,
     5  diabetes,  heart  disease,  cancer,  osteoarthritis,  asthma, emphysema,
     6  chronic bronchitis, other chronic respiratory diseases and other  condi-
     7  tions.  The  program  shall  use recommendations and goals of the United
     8  States departments of agriculture and health  and  human  services,  the
     9  surgeon general and centers for disease control and prevention in devel-
    10  oping  and  implementing guidelines for nutrition education and physical
    11  activity projects as part of obesity prevention efforts. The content and
    12  implementation of the program shall stress the benefits  of  choosing  a
    13  balanced,  healthful  diet from the many options available to consumers,
    14  without specifically targeting the elimination of  any  particular  food
    15  group, food product or food-related industry.
    16    2.  The childhood obesity prevention program shall include, but not be
    17  limited to:
    18    (a) developing media health promotion campaigns targeted  to  children
    19  and adolescents and their parents and caregivers that emphasize increas-
    20  ing consumption of low-calorie, high-nutrient foods, decreasing consump-
    21  tion  of high-calorie, low-nutrient foods and increasing physical activ-
    22  ity designed to prevent or reduce obesity;
    23    (b) establishing school-based childhood obesity  prevention  nutrition
    24  education and physical activity programs including programs described in
    25  section  twenty-five  hundred  ninety-nine-c of this article, as well as
    26  other programs with linkages to physical and health  education  courses,
    27  and  which  utilize  the  school health index of the National Center for
    28  Chronic Disease Prevention and  Health  Promotion  or  other  recognized
    29  school  health  [assessment]  assessments  pursuant, but not limited, to
    30  article nineteen of the education law;
    31    (c) establishing community-based childhood obesity  prevention  nutri-
    32  tion  education  and physical activity programs including programs which
    33  involve parents and caregivers, and which encourage  communities,  fami-
    34  lies,  child  care and other settings to provide safe and adequate space
    35  and time for physical activity and encourage a healthy diet, and can  be
    36  in  coordination  with county cooperative extension programs established
    37  pursuant to section two hundred twenty-four-b of the county law;
    38    (d) coordinating with the state education  department,  department  of
    39  agriculture  and markets, office of parks, recreation and historic pres-
    40  ervation, office of temporary and disability assistance, office of chil-
    41  dren and family services and other federal, state and local agencies  to
    42  incorporate  strategies  to  prevent  and  reduce childhood obesity into
    43  government food assistance, health, education and recreation programs;
    44    (e) sponsoring periodic conferences  or  meetings  to  bring  together
    45  experts in nutrition, exercise, public health, mental health, education,
    46  parenting,  media, food marketing, food security, agriculture, community
    47  planning and other disciplines to examine  societal-based  solutions  to
    48  the  problem  of  childhood obesity and issue guidelines and recommenda-
    49  tions for New York state policy and programs;
    50    (f) developing training programs for medical and other health  profes-
    51  sionals to teach practical skills in nutrition and exercise education to
    52  children and their parents and caregivers; [and]
    53    (g)  developing  screening  programs  in coordination with health care
    54  providers and institutions including but not limited to day care centers
    55  and schools for overweight and obesity for  children  aged  two  through
    56  eighteen  years,  using  body  mass  index (BMI) appropriate for age and
        S. 1528--A                          3
 
     1  gender, and notification, in a manner protecting the confidentiality  of
     2  such children and their families, of parents of BMI status, and explana-
     3  tion  of  the consequences of such status, including recommended actions
     4  parents  may  need to take and information about resources and referrals
     5  available to families to enhance  nutrition  and  physical  activity  to
     6  reduce and prevent obesity[.]; and
     7    (h)  coordinating  with  the education department, office of temporary
     8  and disability assistance, office of children and  family  services  and
     9  other  federal,  state  and  local agencies to incorporate strategies to
    10  curtail the incidence of asthma, chronic bronchitis  and  other  chronic
    11  respiratory  diseases  to  enable adults and children to safely increase
    12  physical activity.
    13    3. The department, in cooperation with the education department, shall
    14  periodically collect and analyze information from  schools,  health  and
    15  nutrition  programs  and  other  sources  to determine the prevalence of
    16  childhood obesity in New York state, and  to  evaluate,  to  the  extent
    17  possible, the effectiveness of the childhood obesity prevention program.
    18    § 2. The opening paragraph of section 2599-c of the public health law,
    19  as amended by section 88 of part B of chapter 58 of the laws of 2005, is
    20  amended to read as follows:
    21    The  commissioner,  in cooperation with the commissioners of education
    22  and agriculture and markets, and county boards of cooperative extension,
    23  shall encourage the  establishment  of  school-based  childhood  obesity
    24  prevention and physical activity programs that promote:
    25    § 3. This act shall take effect immediately.
 
    26                                   PART B
 
    27    Section 1.  Subdivision 1 of section 2500 of the public health law, as
    28  amended  by  chapter  822  of  the  laws  of 1987, is amended to read as
    29  follows:
    30    1. The commissioner shall act in an advisory and supervisory capacity,
    31  in matters pertaining to the safeguarding of motherhood, the  prevention
    32  of  maternal,  perinatal,  infant and child mortality, the prevention of
    33  diseases, low birth weight, childhood obesity, and defects of  childhood
    34  and the promotion of maternal, prenatal and child health, including care
    35  in  hospitals,  and shall administer such services bearing on the health
    36  of mothers and children for which funds are or shall hereafter  be  made
    37  available.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART C
 
    40    Section 1.  Section 2505-a of the public health law, as added by chap-
    41  ter 292 of the laws of 2009, is amended to read as follows:
    42    §  2505-a.  Rights of breastfeeding mothers. 1. The principles enunci-
    43  ated in subdivision three of this section are declared to be the  public
    44  policy  of  the  state  and  a copy of such statement of rights shall be
    45  posted conspicuously in a public place  in  each  maternal  health  care
    46  facility  and  child  day care facility.   For purposes of this section,
    47  "maternal health care provider" means a  physician,  midwife,  or  other
    48  authorized practitioner attending a pregnant woman; and "maternal health
    49  care  facility"  includes  hospitals  and  freestanding birthing centers
    50  providing perinatal services in accordance with article twenty-eight  of
    51  this chapter and applicable regulations.
        S. 1528--A                          4
 
     1    2. The commissioner shall make available to every maternal health care
     2  provider [and], maternal health care facility and child day care facili-
     3  ty,  on  the  health department's website for the purpose of health care
     4  facilities to include such rights in the maternity  information  leaflet
     5  as  described in section twenty-eight hundred three-j of this chapter, a
     6  copy of the statement of rights provided in subdivision  three  of  this
     7  section  in the top six languages other than English spoken in the state
     8  according to the latest available data from the U.S. Bureau  of  Census,
     9  and  shall adopt any rules and regulations necessary to ensure that such
    10  patients are treated in accordance with the provisions  of  such  state-
    11  ment.
    12    3. The statement of rights shall consist of the following:
    13                   "Breastfeeding Mothers' Bill of Rights"
    14    Choosing  the  way you will feed your new baby is one of the important
    15  decisions you will make in preparing for your infant's arrival.  Doctors
    16  agree  that  for most women breastfeeding is the safest and most healthy
    17  choice. It is your right to be informed about the  benefits  of  breast-
    18  feeding  and  have your health care provider [and], maternal health care
    19  facility and child day care facility encourage and  support  breastfeed-
    20  ing.  You  have  the  right to make your own choice about breastfeeding.
    21  Whether you choose to breastfeed or not you  have  the  following  basic
    22  rights  regardless  of  your race, creed, national origin, sexual orien-
    23  tation, gender identity or expression, or source  of  payment  for  your
    24  health  care.  Maternal  health care facilities have a responsibility to
    25  ensure that you understand these rights. They must provide this informa-
    26  tion clearly for you and must provide an interpreter if necessary. These
    27  rights may only be limited in cases where your health or the  health  of
    28  your  baby requires it. If any of the following things are not medically
    29  right for you or your baby, you should be fully informed  of  the  facts
    30  and be consulted.
    31  (1)  Before  You  Deliver,  if  you attend prenatal childbirth education
    32  classes provided by the maternal health care facility and  all  hospital
    33  clinics and diagnostic and treatment centers providing prenatal services
    34  in  accordance with article 28 of the public health law you must receive
    35  the breastfeeding mothers' bill of rights.  Each  maternal  health  care
    36  facility  shall provide the maternity information leaflet, including the
    37  Breastfeeding Mothers' Bill of Rights, in accordance with section  twen-
    38  ty-eight hundred three-i of [this chapter] the public health law to each
    39  patient  or  to  the  appointed  personal  representative at the time of
    40  prebooking or time of admission to a maternal health care facility. Each
    41  maternal health care provider shall give a  copy  of  the  Breastfeeding
    42  Mothers'  Bill  of  Rights  to each patient at or prior to the medically
    43  appropriate time.
    44    You have the right to  complete  information  about  the  benefits  of
    45  breastfeeding  for  yourself  and  your baby. This will help you make an
    46  informed choice on how to feed your baby.
    47    You have the right to receive information that is free  of  commercial
    48  interests and includes:
    49    *   How  breastfeeding  benefits  you  and  your  baby  nutritionally,
    50  medically and emotionally;
    51    * How to prepare yourself for breastfeeding;
    52    * How to understand some of the problems you may face and how to solve
    53  them.
    54  (2) In The Maternal Health Care Facility:
        S. 1528--A                          5
 
     1    * You have the right to have your baby stay with you right after birth
     2  whether you deliver vaginally or by cesarean section. You have the right
     3  to begin breastfeeding within one hour after birth.
     4    *  You  have  the right to have someone trained to help you in breast-
     5  feeding give you information and help you when you need it.
     6    * You have the right to have your baby not receive any bottle  feeding
     7  or pacifiers.
     8    *  You  have the right to know about and refuse any drugs that may dry
     9  up your milk.
    10    * You have the right to have your baby in your room with you 24  hours
    11  a day.
    12    * You have the right to breastfeed your baby at any time day or night.
    13    *  You  have the right to know if your doctor or your baby's pediatri-
    14  cian is advising against breastfeeding before any feeding decisions  are
    15  made.
    16    *  You have the right to have a sign on your baby's crib clearly stat-
    17  ing that your baby is breastfeeding and that no bottle  feeding  of  any
    18  type is to be offered.
    19    *  You  have  the  right to receive full information about how you are
    20  doing with breastfeeding and get help on how to improve.
    21    * You have the right to breastfeed your baby in the neonatal intensive
    22  care unit. If nursing is not possible, every attempt  will  be  made  to
    23  have your baby receive your pumped or expressed milk.
    24    * If you, or your baby, are re-hospitalized in a maternal care facili-
    25  ty  after the initial delivery stay, the hospital will make every effort
    26  to continue to support breastfeeding, to provide hospital grade electric
    27  pumps and rooming in facilities.
    28    * You have the right to have help from someone  specially  trained  in
    29  breastfeeding  support  and  expressing  breast  milk  if  your baby has
    30  special needs.
    31    * You have the right to have a family member or friend receive breast-
    32  feeding information from a staff member if you request it.
    33  (3) When You Leave The Maternal Health Care Facility:
    34    * You have the right to  printed  breastfeeding  information  free  of
    35  commercial material.
    36    * You have the right, unless specifically requested by you, and avail-
    37  able  at  the  facility,  to  be  discharged  from  the facility without
    38  discharge packs containing infant formula,  or  formula  coupons  unless
    39  ordered by your baby's health care provider.
    40    *  You have the right to get information about breastfeeding resources
    41  in your community including information on availability of breastfeeding
    42  consultants, support groups and breast pumps.
    43    * You have the right to have the facility give you information to help
    44  choose a medical provider for your baby and understand the importance of
    45  a follow-up appointment.
    46    * You have the right to receive information  about  safely  collecting
    47  and storing your breast milk.
    48    *  You  have the right to breastfeed your baby in any location, public
    49  or private, where you are otherwise authorized to be. Complaints can  be
    50  directed to the New York State Division of Human Rights.
    51    * You have a right to breastfeed your baby at your place of employment
    52  or  child  day  care  center  in an environment that does not discourage
    53  breastfeeding or the provision of breast milk.
    54    All the above are your rights. If the maternal  health  care  facility
    55  does not honor these rights you can seek help by contacting the New York
        S. 1528--A                          6
 
     1  state  department  of  health  or  by  contacting the hospital complaint
     2  hotline or via email.
     3    4.  The  commissioner  shall  make regulations reasonably necessary to
     4  implement this section.
     5    § 2. Section 2505 of the public health law, as added by chapter 479 of
     6  the laws of 1980, is amended to read as follows:
     7    § 2505. Human  breast  milk;  collection,  storage  and  distribution;
     8  general  powers  of  the  commissioner.    The  commissioner  is  hereby
     9  empowered to:
    10    (a) adopt regulations and guidelines including,  but  not  limited  to
    11  donor  standards,  methods of collection, and standards for storage, and
    12  distribution of human breast milk;
    13    (b) conduct educational activities to inform  the  public  and  health
    14  care  providers  of  the  availability  of human breast milk for infants
    15  determined to require such milk and to inform potential  donors  of  the
    16  opportunities for proper donation;
    17    (c) conduct educational activities to encourage and facilitate employ-
    18  ers  and  child  day  care centers to establish environments that do not
    19  discourage breastfeeding and the provision of breast milk. Such environ-
    20  ments may include sanitary locations for breastfeeding and refrigerators
    21  to assist in breastfeeding and  feeding  babies  with  expressed  breast
    22  milk; and
    23    (d)  establish  rules  and regulations to effectuate the provisions of
    24  this section.
    25    § 3. Subdivision 2 of section 2515 of the public health law, as  added
    26  by section 20 of part A of chapter 58 of the laws of 2008, is amended to
    27  read as follows:
    28    2. "Services for eligible adolescents" means those services, including
    29  but  not  limited  to: vocational and educational counseling, job skills
    30  training, family life and parenting education, life skills  development,
    31  coordination, case management, primary preventive health care, pregnancy
    32  and  child  nutrition counseling for expectant mothers to curb the inci-
    33  dence of childhood obesity, family  planning,  social  and  recreational
    34  programs, child care, outreach and advocacy, follow-up on service utili-
    35  zation, crisis intervention, and efforts to stimulate community interest
    36  and involvement.
    37    §  4.  Paragraph  (c) of subdivision 2 of section 2515-a of the public
    38  health law, as added by section 20 of part A of chapter 58 of  the  laws
    39  of 2008, is amended to read as follows:
    40    (c)  serve  a geographic area where the incidence of infant mortality,
    41  low birth weight infants, childhood obesity and the prevalence  of  low-
    42  income  families are high and where the availability or accessibility of
    43  services for eligible adolescents is low;
    44    § 5. Subdivision (b) of section 2522 of  the  public  health  law,  as
    45  amended  by chapter 484 of the laws of 2009, is amended and a new subdi-
    46  vision (e-1) is added to read as follows:
    47    (b) promotion of community awareness of the benefits to the mother and
    48  child of preconception health and early and continuous prenatal care;
    49    (e-1) health and nutritional education and services for both  parents,
    50  regarding  childhood and adult obesity and asthma, and the prevention or
    51  mitigation thereof;
    52    § 6. This act shall take effect immediately.
    53    § 2. Severability clause.  If any clause, sentence, paragraph,  subdi-
    54  vision,  section  or  part of this act shall be adjudged by any court of
    55  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    56  impair,  or  invalidate  the remainder thereof, but shall be confined in
        S. 1528--A                          7
 
     1  its operation to the clause, sentence, paragraph,  subdivision,  section
     2  or part thereof directly involved in the controversy in which such judg-
     3  ment shall have been rendered. It is hereby declared to be the intent of
     4  the  legislature  that  this  act  would  have been enacted even if such
     5  invalid provisions had not been included herein.
     6    § 3. This act shall take effect immediately  provided,  however,  that
     7  the  applicable effective date of Parts A through C of this act shall be
     8  as specifically set forth in the last section of such Parts.