2023 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.