NY Pub Health L § 2505-A (2021)
2021 New York Laws PBH - Public Health Article 25 - Maternal and Child Health Title 1 - General Provisions 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.