Provides mothers with basic breastfeeding related rights

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' immediate 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 translate 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 accessories, 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 antibodies 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 behavior 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 immediately 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 twenty-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 available 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 implement 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, however, 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.