MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Health and Human Services
By: Representative Clarke
AN ACT TO AMEND SECTION 41-9-17, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO ADOPT REGULATIONS TO RESTRICT HOSPITALS FROM ENCOURAGING THE USE OF BABY FORMULA TO FEED NEWBORNS; TO AMEND 71-1-55, MISSISSIPPI CODE OF 1972, TO REQUIRE EMPLOYERS TO PROVIDE AN APPROPRIATE PLACE FOR BREAST-FEEDING MOTHERS TO EXPRESS MILK; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-9-17, Mississippi Code of 1972, is amended as follows:
41-9-17. (1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards with respect to all hospitals to be licensed under Section 41-9-11 as may be designed to further the accomplishment of the purposes of Sections 41-9-1 through 41-9-35 in promoting safe and adequate treatment of individuals in hospitals in the interest of public health, safety and welfare. Any rule, regulation or standard adopted under this section shall be considered as promulgated and effective from and after the time the same is recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Minimum Standard of Operation for Mississippi Hospitals." The book shall be open and available to all hospitals and the public generally at all reasonable times. Upon the adoption of any such rule, regulation or standard, the licensing agency shall mail copies thereof to all hospitals in the state that have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the hospital to receive the same shall in no way affect the validity thereof. No such rules, regulations or standards shall be adopted or enforced that would have the effect of denying a license to a hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed therein.
(2) The licensing agency shall promulgate regulations and standards with respect to all hospitals to be licensed under Section 41-9-11 requiring the following:
(a) Prohibit the including of free baby formula samples in discharge gift bags to new mothers.
(b) Prohibit the placement of formula promotion materials in labor and delivery units.
(c) Require mothers and newborns to stay in the same room until discharge unless either patient requires treatment that cannot be provided in a regular hospital room.
(d) Refer all mothers of newborns to a breast-feeding support group and provide the telephone number of a lactation specialist or consultant to the mother upon discharge.
SECTION 2. Section 71-1-55, Mississippi Code of 1972, is amended as follows:
71-1-55. (1) No employer shall prohibit an employee from expressing breast milk during any meal period or other break period provided by the employer.
(2) Employers shall provide to employees who are breast-feeding mothers a private and sanitary place that is not a toilet stall to express milk. This area shall provide an electrical outlet, comfortable chair and nearby access to running water. A refrigerator shall be made available for storage of expressed breast milk following guidelines from the American Academy of Pediatrics and Centers for Disease Control.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.