S T A T E   O F   N E W   Y O R K
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                                 7202--A
                                                        Cal. No. 387

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             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:

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD10444-03-5

A. 7202--A                          2

(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  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:

A. 7202--A                          3

  *  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 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.