MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Welfare
By: Senator(s) Frazier, Witherspoon
AN ACT TO SUPPORT AND PROMOTE BREAST-FEEDING IN MISSISSIPPI THROUGH LEGISLATIVE ACKNOWLEDGEMENT OF THE MANY BENEFITS OF BREAST-FEEDING; TO REQUIRE EMPLOYERS TO PROVIDE EMPLOYEES WITH REASONABLE BREAK TIME AND A PRIVATE SPACE TO EXPRESS MILK DURING WORK HOURS; TO REQUIRE ALL HOSPITALS WITH BIRTHING FACILITIES TO HAVE A WRITTEN INFANT FEEDING POLICY THAT SUPPORTS BREAST-FEEDING WHICH ALL RELEVANT STAFF MUST BE SUFFICIENTLY TRAINED IN; TO REQUIRE MATERNAL HEALTH CARE FACILITIES TO DISPLAY A "BREAST-FEEDING IN MISSISSIPPI: GUIDELINES" SIGN PUBLICLY ON THEIR PREMISES; TO AMEND SECTION 17-25-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A MISDEMEANOR AND FINE WHERE THERE IS A VIOLATION OF A MOTHER'S RIGHT TO BREAST-FEED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Legislature of the State of Mississippi acknowledges that extensive research demonstrates the wide-ranging and compelling benefits of breast-feeding for infants, mothers, families and communities, including:
(a) Numerous health benefits to the child, such as lower incidences of SIDS, childhood obesity, asthma, allergies and diabetes as well as increased intelligence and parental attachment;
(b) Numerous health benefits to the mother, such as decreased rates of breast cancer, ovarian cancer, postpartum hemorrhage, and reduced rates of obesity through increased postpartum weight loss; and
(c) Significant economic and social benefits to the state, such as reduced health care costs, and reduced employee absenteeism for care attributable to child illness as well as direct saving to families, as the United States Surgeon General estimates that the average family can save between One Thousand Two Hundred Dollars ($1,200.00) and One Thousand Five Hundred Dollars ($1,500.00) during a baby's first year of life through breast-feeding.
(2) The Legislature also recognizes, despite these numerous benefits, that Mississippi has one of the lowest breast-feeding rates in the country and acknowledges that mothers in Mississippi face many barriers to breast-feeding. One of these barriers is education, which many studies and reports have found to be a significant obstacle that inhibits the practice of breast-feeding. Many mothers are ill-informed about the benefits of breast-feeding and their rights as a breast-feeding mother.
(3) Therefore, the Legislature declares the intent of this act is to inform mothers about the benefits of breast-feeding and their rights as a breast-feeding mother in order to promote increased rates of breast-feeding in Mississippi.
SECTION 2. As used in this act, the following words and phrases have the meanings as defined in this section:
(a) "Employer" means a person engaged in business who has one or more employees and shall include the state and its political subdivisions.
(b) "Reasonable effort" means any effort that does not impose an undue hardship on the operation of the employer's business.
(c) "Undue hardship" means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources, and the nature and structure of its operation.
(d) "Prenatal" means the period between conception to birth.
(e) "Perinatal" means the period from twenty-two (22) weeks of gestation to twenty-eight (28) days after birth.
(f) "Public place" means a place of increased patient traffic within the maternal health care facility such as a lobby area or waiting room.
(g) "Maternal health care facility" means any facility that provides prenatal or perinatal care, including, but not limited to, hospitals, clinics and other physician facilities.
(h) "Maternal health care provider" means any physician, nurse or other authorized practitioner that attends to pregnant women and mothers of infants.
(i) "Breast-feeding in Mississippi: Guidelines" is the statement of rights outlined in Section 6 of this act.
SECTION 3. (1) All employers shall provide reasonable paid or unpaid break time for an employee who needs to express breast milk for her child.
(2) To the extent possible, break times shall run concurrently with any paid break time.
(3) An employer shall make reasonable effort to provide a private, secure, sanitary room or other location in close proximity to the work area, other than a bathroom or toilet stall, where employees can express milk, and this space shall include access to an electrical outlet.
(4) Employer shall not discriminate against, discipline, or take adverse action against an employee because they have elected to exercise their right under this section.
SECTION 4. (1) All hospitals that provide birth services must adopt an infant feeding policy that promotes and supports breast-feeding. Infant feeding policies adopted under this section shall include guidance on the use of formula (a) for medically necessary supplementation; (b) if preferred by the mother; or (c) when exclusive breast-feeding is not advised for the mother and/or infant.
(2) This breast-feeding infant feeding policy must be written down and all relevant hospital personnel, including, but not limited to, obstetric and neonatal staff, must be trained in the necessary skills to implement the policy.
(3) Hospitals must make a copy of their breast-feeding infant feeding policy available to the State Department of Health on request.
SECTION 5. (1) All maternal health care facilities in the State of Mississippi are required to post a copy of the "Breast-feeding in Mississippi: Guidelines" outlined in Section 6 of this act. A copy of such statement of rights shall be posted conspicuously in a public place of each maternal health care facility and shall be of an adequate size and font so as to be easily read by all visitors and/or patients within the room or space.
(2) The State Department of Health shall make available to every maternal health care provider and maternal health care facility, via its website, a template copy of the statement of rights for use within their facilities. Maternal health care providers and maternal health care facilities are free to choose whether to use the Department of Health template or develop their own copy as long as it includes the specific text outlined in Section 6 of this act and comports to the visibility requirements in subsection (1) of this section.
(3) The State Board of Health shall adopt any rules and regulations necessary to ensure the display of these rights.
SECTION 6. The statement of rights or the "Breast-feeding in Mississippi: Guidelines" to be displayed by maternal health care facilities shall consist of the following statements:
"Breast-feeding in Mississippi: Guidelines."
(1) Breast milk provides the ideal nutrition for your baby, creating the perfect mix of vitamins, proteins, minerals, and fats that your baby needs to grow.
(2) Know the benefits:
(a) Breast-fed babies are generally healthier and have lower incidences of illnesses such as diabetes, ear infections, allergies, asthma, and childhood obesity.
(b) Breast-feeding has been linked to higher IQs in children.
(c) Mothers who breastfeed have lower incidences of breast cancer and ovarian cancer.
(d) Breast-feeding for even as short as the first week can have a positive health impact on your child.
(3) Know your rights:
(a) You have the right to breast-feed in any location, public or private, where you are otherwise authorized to be, which includes hospitals, playgrounds, restaurants, and/or stores.
(b) You have the right to breast-feed openly and outwardly without covering yourself if you so choose, and doing so is not considered indecent and is not punishable by law.
(c) Your employer cannot discriminate against you for using your designated break times to pump or nurse your child.
(d) You have the right to breast-feed your baby within the first hour after birth.
(e) You have the right to request that your baby not receive formula or pacifiers unless medically necessary.
(f) You have the right to ask that your baby be brought to you, day or night, for regular feedings during your hospital stay.
(4) The "Breast-feeding in Mississippi: Guidelines" shall be revised as needed by the State Department of Health, to reflect advances in research regarding breast-feeding and to incorporate any additional rights of breast-feeding mothers as subsequently granted by the Mississippi Legislature and hospitals are required to post the revised version on the "Breast-feeding in Mississippi: Guidelines" within three (3) months of its updated publishing.
(5) The State Department of Health shall make available to every maternal health care facility, via its website, a template copy of the guidelines for use within their facilities. Maternal health care providers and maternal health care facilities are free to choose whether to use the Department of Health template or develop their own as long as it includes the specific text outlined in subsection (2) and subsequent updates and comports with the visibility requirements in subsection (1) of this section.
SECTION 7. Section 17-25-9, Mississippi Code of 1972, is amended as follows:
17-25-9. (1) A mother may breast-feed her child in any location, public or private, where the mother is otherwise authorized to be, without respect to whether the mother's breast or any part of it is covered during or incidental to the breast-feeding.
(2) Any corporation, manager, agency or person who violates the provision of Section 17-25-9, Mississippi Code of 1972, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00) for each offense.
SECTION 8. This act shall take effect and be in force from and after July 1, 2016.