N.Y. Public Health Law § 2505-a: Rights of breastfeeding mothers

§ 2505-a. Rights of breastfeeding mothers. 1. The principles

enunciated in subdivision three of this section are declared to be the

public policy of the state and a copy of such statement of rights shall

be posted conspicuously in a public place in each maternal health care

facility and child day care facility. For purposes of this section,

"maternal health care provider" means a physician, midwife, or other

authorized practitioner attending a pregnant woman; and "maternal health

care facility" includes hospitals and freestanding birthing centers

providing perinatal services in accordance with article twenty-eight of

this chapter and applicable regulations.

2. The commissioner shall make available to every maternal health care

provider, maternal health care facility and child day care facility, on

the health department's website for the purpose of health care

facilities to include such rights in the maternity information leaflet

as described in section twenty-eight hundred three-j of this chapter, a

copy of the statement of rights provided in subdivision three of this

section in the top six languages other than English spoken in the state

according to the latest available data from the U.S. Bureau of Census,

and shall adopt any rules and regulations necessary to ensure that such

patients are treated in accordance with the provisions of such

statement.

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

breastfeeding and have your health care provider, maternal health care

facility and child day 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 interpreter

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

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 the public health law 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

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 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

pediatrician is advising against breastfeeding 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

breastfeeding support and expressing breast milk if your baby has

special needs.

* You have the right to have a family member or friend receive

breastfeeding 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

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 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 a right to breastfeed your baby at your place of employment

or child day care center in an environment that does not discourage

breastfeeding or the provision of breast milk.

* 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.

4. The commissioner shall make regulations reasonably necessary to

implement this section.