Laws that Require Hospitals to Support, Promote and Protect Breastfeeding
Ten Steps to Successful Breastfeeding in Hospitals, 2013, Senate Bill 402, De Leon, Health and Safety Code 123367
Requires all general acute care hospitals and special hospitals with perinatal units to adopt, by January 1, 2025, The Ten Steps to Successful Breastfeeding or an alternate process adopted by a health care service plan that includes evidenced-based policies and practices and targeted outcomes, or the Model Hospital Policy Recommendations.
Note: Adopting the Ten Steps to Successful Breastfeeding does not automatically give a hospital a formal Baby Friendly designation. This code does not require hospitals to become formally accredited as a Baby-Friendly Hospital.
Hospital Infant Feeding Act, 2011, Senate Bill 502, Pavley, De Leon, Health and Safety Code 123366
This bill requires all general acute care hospitals and special hospitals with perinatal units to have a hospital infant-feeding policy which promotes breastfeeding. Hospitals are required to clearly post their infant-feeding policy and to routinely communicate the infant-feeding policy to all perinatal unit staff. Having a written breastfeeding policy that is routinely communicated to all health care staff is the first step in the Ten Steps to Successful Breastfeeding, adopted by Baby-Friendly USA. The infant-feeding policy may include guidance on formula supplementation or bottle feeding, if preferred by the mother or when exclusive breastfeeding is contraindicated.
Breastfeeding Education and Support, 2007, Senate Bill 22, Migden, Health and Safety Code Section 1257.9
Requires the California Department of Public Health (CDPH) to promote breastfeeding. It also specifies that CDPH shall develop a training course of hospital policies and recommendations that promote exclusive breastfeeding and lists appropriate staff for training. The training is targeted at hospitals with exclusive breastfeeding rates ranked in the lowest 25 percent of the state.
(Also see Breastfeeding Education and Support, 2007, under Community)
Human Milk in Hospitals, 2006, Senate Bill 246, Figueroa, Health and Safety Code 1648
Allows mothers to refrigerate or freeze breast milk in a hospital, if the milk is specifically for their hospitalized child. No screening of the milk is necessary; however, hospitals need to comply with the current standards established for the collection, processing, storage, or distribution of human milk set by the Human Milk Banking Association of North America.
This code does not apply to hospitals that collect, processes, stores or distributes milk from human milk banks or other outside sources.
Breastfeeding Consultant or Information, 1995, Assembly Bill 977, McDonald, Health and Safety Code 123365
Requires all hospitals with maternity wards to provide new mothers with either a breastfeeding consultant or information on where to obtain breastfeeding information. A consultant may be a registered nurse with maternal and newborn care experience. The mother may decline the consult / referral.