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.
