2010 New York Code
PBH - Public Health
Article 25 - MATERNAL AND CHILD HEALTH
Title 1 - (2500 - 2506) 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.  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  and  maternal health 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 and maternal health
  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 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  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.
    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.