The promotion of breastfeeding has been embedded in New York State’s health care system for over 15 years.

• Civil Rights Law § 79-e, enacted in 1994, allows a mother to breastfeed her baby in any location, public or private, where the mother is authorized to be.

In enacting such law, the New York State Legislature formally acknowledged:

• In 2007, New York passed The Nursing Mothers in the Workplace Act which prohibits any employer from discriminating in any way against an employee who chooses to express breast milk in the work place. The same law requires employers to provide an employee with reasonable break time to express breast milk for her nursing child for up to three years after the birth of such child.

• The New York State Department of Health requires all hospitals to:

• Although it is true that breastfed infants enjoy tremendous health benefits and most women can breastfeed, exceptional circumstances exist which may make breastfeeding imprudent. All women should engage in consultative discussions with their health care providers regarding the advantages and disadvantages, specific to their unique health care needs, of breastfeeding.

For more information on breastfeeding:

Breastfeeding: First Step to Good Health

Best Practices for Breastfeeding

Labor Law § 206-c. Right of nursing mothers to express breast milk. An employer shall provide reasonable unpaid break time or permit an employee to use paid break time or meal time each day to allow an employee to express breast milk for her nursing child for up to three years following child birth. The employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy. No employer shall discriminate in any way against an employee who chooses to express breast milk in the work place.

Penal Law § 245.01. Exposure of a person. A person is guilty of exposure if he appears in a public place in such a manner that the private or intimate parts of his body are unclothed of exposed. For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola.

This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment.

Exposure of a person is a violation.

Nothing in this section shall prevent the adoption by a city, town or village of a local law prohibiting exposure of a person as herein defined in a public place, at any time, whether or not such person is entertaining or performing in a play, exhibition, show or entertainment.

Public Health Law § 2505. Human breast milk; collection, storage and distribution;

general powers of the commissioner. The commissioner is hereby empowered to:

(a) adopt regulations and guidelines including, but not limited to donor standards, methods of collection, and standards for storage, and distribution of human breast milk;

(b) conduct educational activities to inform the public and health care providers of the availability of human breast milk for infants determined to require such milk and to inform potential donors of the opportunities for proper donation;

(c) establish rules and regulations to effectuate the provisions of this section.

 

10 NYCRR 405.21 (f) (3) includes the following requirements: Hospitals shall provide instruction and assistance to each maternity patient who has chosen to breastfeed and shall provide information on advantages and disadvantages of breastfeeding to women who are undecided; hospitals must ensure implementation of an effective breastfeeding program; hospitals shall make available, at all times, at least one staff member qualified to assist and encourage mothers with breastfeeding; hospitals must develop and implement written policies and procedures to assist and encourage mothers to breastfeed which include provisions for a newborn to be fed on demand as well as the placement of the newborn for breastfeeding immediately following delivery.

10 NYCRR 85.40 (f) (5) (iii) includes a requirement that a Prenatal Care Assistance Program provider ensure the provision of basic nutrition education and counseling for each pregnant woman regarding infant feeding choices. Such individualized counseling must address the advantages and disadvantages of breastfeeding.