McKinney’s Public Health Law § 2505-a

I have access to WestLaw, a legal database that allows me to review both cases and statutes. Below I have listed sections of the NYS law regarding breastfeeding mother’s rights including their right to breastfeed in public.Within my scope of research I looked through La Leche’s website which led me to http://breastfeedinglaw.com/ a site I highly reccomend containing laws both federal and statewide.

“Breastfeeding Mothers’ Bill of Rights“

• (Section 3 Subsection 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 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 on 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.
• (Section 3 Subsection 3) When You Leave The Maternal Health Care Facility:
  • 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 you chose a medical provider for your baby and understand the importance of a follow-up appointment.
  • 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.
• (Section 1) 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.
• Updated in 2014