§ 2505-A — Rights of breastfeeding mothers

New York § 2505-A

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: General Provisions
• Art. 25: Maternal and Child Health

Text

§ 2505-a. Rights of breastfeeding mothers. 1. The principles\nenunciated in subdivision three of this section are declared to be the\npublic policy of the state and a copy of such statement of rights shall\nbe posted conspicuously in a public place in each maternal health care\nfacility and child day care facility. For purposes of this section,\n"maternal health care provider" means a physician, midwife, or other\nauthorized practitioner attending a pregnant woman; and "maternal health\ncare facility" includes hospitals and freestanding birthing centers\nproviding perinatal services in accordance with article twenty-eight of\nthis chapter and applicable regulations.\n 2. The commissioner shall make available to every maternal health care\nprovider, maternal health care facility and child day care facility, on\nthe health department's website for the purpose of health care\nfacilities to include such rights in the maternity information leaflet\nas described in section twenty-eight hundred three-j of this chapter, a\ncopy of the statement of rights provided in subdivision three of this\nsection in the top six languages other than English spoken in the state\naccording to the latest available data from the U.S. Bureau of Census,\nand shall adopt any rules and regulations necessary to ensure that such\npatients are treated in accordance with the provisions of such\nstatement.\n 3. The statement of rights shall consist of the following:\n "Breastfeeding Mothers' Bill of Rights"\n Choosing the way you will feed your new baby is one of the important\ndecisions you will make in preparing for your infant's arrival. Doctors\nagree that for most women breastfeeding is the safest and most healthy\nchoice. It is your right to be informed about the benefits of\nbreastfeeding and have your health care provider, maternal health care\nfacility and child day care facility encourage and support\nbreastfeeding. You have the right to make your own choice about\nbreastfeeding. Whether you choose to breastfeed or not you have the\nfollowing basic rights regardless of your race, creed, national origin,\nsexual orientation, gender identity or expression, or source of payment\nfor your health care. Maternal health care facilities have a\nresponsibility to ensure that you understand these rights. They must\nprovide this information clearly for you and must provide an interpreter\nif necessary. These rights may only be limited in cases where your\nhealth or the health of your baby requires it. If any of the following\nthings are not medically right for you or your baby, you should be fully\ninformed of the facts and be consulted.\n(1) Before You Deliver, if you attend prenatal childbirth education\nclasses provided by the maternal health care facility and all hospital\nclinics and diagnostic and treatment centers providing prenatal services\nin accordance with article 28 of the public health law you must receive\nthe breastfeeding mothers' bill of rights. Each maternal health care\nfacility shall provide the maternity information leaflet, including the\nBreastfeeding Mothers' Bill of Rights, in accordance with section\ntwenty-eight hundred three-i of the public health law to each patient or\nto the appointed personal representative at the time of prebooking or\ntime of admission to a maternal health care facility. Each maternal\nhealth care provider shall give a copy of the Breastfeeding Mothers'\nBill of Rights to each patient at or prior to the medically appropriate\ntime.\n You have the right to complete information about the benefits of\nbreastfeeding for yourself and your baby. This will help you make an\ninformed choice on how to feed your baby.\n You have the right to receive information that is free of commercial\ninterests and includes:\n * How breastfeeding benefits you and your baby nutritionally,\nmedically and emotionally;\n * How to prepare yourself for breastfeeding;\n * How to understand some of the problems you may face and how to solve\nthem.\n(2) In The Maternal Health Care Facility:\n * You have the right to have your baby stay with you right after birth\nwhether you deliver vaginally or by cesarean section. You have the right\nto begin breastfeeding within one hour after birth.\n * You have the right to have someone trained to help you in\nbreastfeeding give you information and help you when you need it.\n * You have the right to have your baby not receive any bottle feeding\nor pacifiers.\n * You have the right to know about and refuse any drugs that may dry\nup your milk.\n * You have the right to have your baby in your room with you 24 hours\na day.\n * You have the right to breastfeed your baby at any time day or night.\n * You have the right to know if your doctor or your baby's\npediatrician is advising against breastfeeding before any feeding\ndecisions are made.\n * You have the right to have a sign on your baby's crib clearly\nstating that your baby is breastfeeding and that no bottle feeding of\nany type is to be offered.\n * You have the right to receive full information about how you are\ndoing with breastfeeding and get help on how to improve.\n * You have the right to breastfeed your baby in the neonatal intensive\ncare unit. If nursing is not possible, every attempt will be made to\nhave your baby receive your pumped or expressed milk.\n * If you, or your baby, are re-hospitalized in a maternal care\nfacility after the initial delivery stay, the hospital will make every\neffort to continue to support breastfeeding, to provide hospital grade\nelectric pumps and rooming in facilities.\n * You have the right to have help from someone specially trained in\nbreastfeeding support and expressing breast milk if your baby has\nspecial needs.\n * You have the right to have a family member or friend receive\nbreastfeeding information from a staff member if you request it.\n(3) When You Leave The Maternal Health Care Facility:\n * You have the right to printed breastfeeding information free of\ncommercial material.\n * You have the right, unless specifically requested by you, and\navailable at the facility, to be discharged from the facility without\ndischarge packs containing infant formula, or formula coupons unless\nordered by your baby's health care provider.\n * You have the right to get information about breastfeeding resources\nin your community including information on availability of breastfeeding\nconsultants, support groups and breast pumps.\n * You have the right to have the facility give you information to help\nchoose a medical provider for your baby and understand the importance of\na follow-up appointment.\n * You have the right to receive information about safely collecting\nand storing your breast milk.\n * You have the right to breastfeed your baby in any location, public\nor private, where you are otherwise authorized to be. Complaints can be\ndirected to the New York State Division of Human Rights.\n * You have a right to breastfeed your baby at your place of employment\nor child day care center in an environment that does not discourage\nbreastfeeding or the provision of breast milk.\n * You have the right to take reasonable unpaid breaks at work so you\ncan pump breast milk for up to three years following childbirth under\nsection 206-c of the Labor Law. Your employer must make reasonable\nefforts to provide a room or other locations where you can express\nbreast milk in privacy. Your employer may not discriminate against you\nbased on your decision to express breast milk at work. Complaints can be\ndirected to the New York State Department of Labor.\n All the above are your rights. If the maternal health care facility\ndoes not honor these rights you can seek help by contacting the New York\nstate department of health or by contacting the hospital complaint\nhotline or via email.\n 4. The commissioner shall make regulations reasonably necessary to\nimplement this section.\n