It's been a while since I've done an update on breastfeeding legislation, and there has been a lot of activity this year. Here are updates from several states.
Thank you to the Arkansas Breastfeeding Coalition for the graphic below, which (fortunately) is already ready for an update! And one note: Whether or not your state has specific protections for breastfeeding in public, breastfeeding in public is not illegal in any state. See the links at the bottom of this post for information on the law in your state.
Arkansas. The Arkansas legislature passed legislation protecting breastfeeding in public and exempting it from indecent exposure laws, and the bill is expected to be signed. For more inf ormation see the Arkansas Breastfeeding Coalition.
California. The California Senate is considering breastfeeding legislation, SB 22 (Migden), which would require hospitals with low breastfeeding rates to provide more training to maternity staff, expand the WIC breastfeeding peer counselor program, and streamline the MediCal program to allow for easier access to breastpumps and breastfeeding support. For more information, see the CA WIC Association or Senator Midgen's website.
Also in California, Breastfeeding Awareness Walks are being planned for August 7, 2007 in many communities. The effort is being coordinated by the California WIC Association and the California Breastfeeding Coalition. Several other states (Arizona, Connecticut, Hawaii, New York, Oregon, Washington) have expressed interest in participating as well.
District of Columbia. Senator Jim Graham introduced the Child's Right to Nurse Human Rights of 2007, which would protect breastfeeding in public and require employers to accomodate nursing mothers' pumping requirements in the workplace.
Kentucky. The Kentucky legislature and governor approved a new law that allows nursing mothers to be exempt from jury duty.
Massachusetts. There are three breastfeeding promotion bills pending in the legislature, and one which seems to promote formula. The three bills sponsored by the Massachusetts Breastfeeding Coalition would 1) protect breastfeeding in public, 2) require employers to support breastfeeding mothers, and 3) allow for licensing of lactation consultants. The fourth bill, authored by Rep. Harriett Stanley, would require that maternity patients be given access to formula samples and promotional materials (for breastfeeding mothers only on request or by a doctor's order). This appears to be a reaction to the near banning of formula diaper bag samples by the Massachusetts Public Health Council last year.
Michigan. A proposed Michigan law to allow nursing mothers to be exempt from jury duty has passed the Senate Judiciary Committee and awaits further action.
Montana. The Montana legislature is considering a bill which would protect nursing mothers from discrimination in employment and require employers to provide time and a place to pump at work.
For updates on New Mexico, New York, Oregon, Ohio, Pennsylvania, Texas, West Virginia, and Wyoming, click the continuation link.
New Mexico. Breastfeeding advocates in New Mexico succeeded in getting a new law requiring employers to provide their nursing mothers break time and a place to pump while at work. More information about the new law is here. The legislature is also considering a bill which would exempt nursing mothers from jury duty.
New York. Breastfeeding legislation introduced last year has been re-introduced by Senator Liz Krueger and several other legislators. The bill specifies rights of mothers before they deliver, at the time of their hospital stay, and after delivery to receive materials free from commercial intersts.
Oregon. Legislation to require employers to provide time and a clean place to pump has passed in the Oregon House and now heads to the Senate. For more information see the Nursing Mothers' Council of Oregon.
Ohio. Legislation allowing nursing mothers to be exempt from jury duty is pending in the Ohio legislature. Jennifer at The Lactivist is also organizing a Lactivist Bash to kick off a new effort at grassroots organizing for the Ohio Breastfeeding Coalition. One of the first projects will be to work on a legislative solution to the problem of a day care chain charging families extra for serving their infants breastmilk.
Pennsylvania. In the wake of a nursing in public incident and nurse-in, Pennsylvania legislator introducted several bills (pdf) which protect breastfeeding in public, prohibit workplace discrimination against nursing mothers, and provide business tax credits to employers who provide lactation support. For updates on opportunities to advocate for this bill, see this site.
Texas. The Texas legislature is considering two bills that would strengthen breastfeeding in public laws, and license lactation consultants. You can very quicky weigh in on these bills through the Central Texas Healthy Mothers Healthy Babies Coalition, and get more information at ParentWise Austin.
West Virginia. Governor Manchin, citing a chaptering conflict, recently vetoed legislation in West Virginia which would have exempted breastfeeding from the indecent exposure law. He indicated that he supports the legislation and will sign it if a new version is returned to him.
Wyoming. Wyoming has a new law exempting nursing in public from indecent exposure laws. As introduced, this bill would have provided much for far reaching protections for nursing mothers.
Looking for information on breastfeeding and the law in your state? Try this site from the National Council of State Legislatures, or this one from La Leche League. And then don't forget to record your progress here!
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