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Re: [lactivism] texas legislation

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  • Jeanine Demmon
    Here s what I found on the LLL site. It prohibits the promotion of infant formula by hospitals, birth centers, dr or other health care provider, including
    Message 1 of 4 , Jan 9, 2007
      Here's what I found on the LLL site. It prohibits the promotion of
      infant formula by hospitals, birth centers, dr or other health care
      provider, including free samples, handing out anything w/formula's name
      on it and advertising.
      http://www.lalecheleague.org/Law/proposedsummary.html#TX

      0jeanine


      Julie Malcom wrote:
      >
      > does anybody know if there is any proposed breastfeeding legislation in
      > texas now? i can't find anything, but now is the time to respond if
      > anythign is imminent.
      > julie
      >
      >
    • JAKE MARCUS
      As of November 2006 this was the news: The following bills did not move out of committee before the Legislature adjourned. The next session of the Legislature
      Message 2 of 4 , Jan 9, 2007
        As of November 2006 this was the news:
         
        The following bills did not move out of committee before the Legislature adjourned. The next session of the Legislature will be in January 2007.

        SB 113, filed 11/23/04 by Van de Putte
        HB 302, filed 1/5/05 by McClendon

        SECTION 1. Subchapter A, Chapter 165, Health and Safety Code, is amended by adding Section 165.005 to read as follows:

        Sec. 165.005. INFANT FORMULA PROMOTION PROHIBITION. (a) A hospital, birthing center, physician, or other health care provider that provides services to mothers and infants may not promote the use of infant formula, including by:
        (1) distributing without charge an infant formula or any item containing the name of an infant formula; and
        (2) advertising an infant formula.

        (b) The executive commissioner of the Health and Human Services Commission shall adopt rules to implement this section.

        SECTION 2. This Act takes effect September 1, 2005.

        Further information: http://www.capitol.state.tx.us

        Info courtesy of Melissa Vance, J.D. published on LLLI.org

        FYI, this is the current law:

        Texas enacted comprehensive laws in 1995 that set forth the benefits of breastfeeding, clarified that women have a right to breastfeed in public, set up standards for employers to advertise themselves as ‘mother-friendly’ if they develop breastfeeding support policies, and set up a demonstration project to determine the feasibility of breastfeeding support policies for all state employees. Texas also has a statute governing human milk banks. There is also a law governing breastfeeding services to mothers discharged early from the hospital; this law is effective April 2005.

        Tex. Health & Safety Code § 161.071
        Added by Acts 2001, 77th Leg., ch. 379, § 1, eff. Sept. 1, 2001.

        MINIMUM GUIDELINES FOR HUMAN DONOR MILK BANKS. The department shall establish minimum guidelines for the procurement, processing, distribution, or use of human milk by donor milk banks.

        Tex. Health & Safety Code § 165.001 et seq.
        1995 Tex. ALS 600; 1995 Tex. Gen. Laws 600; 1995 Tex. Ch 600; 1995 Tex. HB 359

        Chapter 165. Breast-Feeding
           Subchapter A. Breast-Feeding Rights and Policies
              Sec. 165.001. Legislative Finding
        The legislature finds that breast-feeding a baby is an important and basic act of nurture that must be encouraged in the interests of maternal and child health and family values. In compliance with the breast-feeding promotion program established under the Federal Child Nutrition Act of 1966 (42 U.S.C. section 1771 et seq.), the Legislature recognizes breast-feeding as the best method of infant nutrition.
           Sec. 165.002. Right to Breast-Feed
        A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be.
           Sec. 165.003 Business Designation as "Mother-Friendly".
           (a) A business may use the designation "mother-friendly" in its promotional materials if the business develops a policy supporting the practice of worksite breast-feeding that addresses the following:
              (1) Work schedule flexibility, including scheduling breaks and work patterns to provide time for expression of milk;
              (2) The provision of accessible locations allowing privacy;
              (3) Access nearby to a clean, safe water source and a sink for washing hands and rinsing out any needed breast-pumping equipment; and
              (4) Access to hygienic storage alternatives in the workplace for the mother's breast milk.
           (b) The business shall submit its breast-feeding policy to the department. The department shall maintain a list of "mother-friendly" businesses covered under this section and shall make the list available for public inspection.

        Section 165.004. Services Provided by State Agencies.
        Any state agency that administers a program providing maternal or child health services shall provide information that encourages breast-feeding to program participants who are pregnant women or mothers with infants.

        Subchapter B. Demonstration Project.
        Section 165.031. Legislative Recognition.
        The legislature recognizes a mother's responsibility to both her job and her child when she returns to work and acknowledges that a woman's choice to breast-feed benefits the family, the employer, and society.

        Section 165.032. Demonstration Project.
           (a) The Department shall establish a demonstration project in Travis County to provide access to worksite breast-feeding for department employees who are mothers with infants.
           (b) The department shall administer the demonstration project and shall determine the benefits of, potential barriers to, and potential costs of implementing worksite breast-feeding support policies for state employees.

        Section 165.033. Breast-Feeding Policy.
        The Department shall develop recommendations supporting the practice of worksite breast-feeding that address the following:
           (1) Work schedule flexibility, including scheduling breaks and work patterns to provide time for expression of milk;
           (2) The provision of accessible locations allowing privacy;
           (3) Access nearby to a clean, safe water source and a sink for washing hands and rinsing out any needed breast-pumping equipment; and
           (4) Access to hygienic storage alternatives in the workplace for the mother's breast milk.

        Texas Insurance Code § 1366.051 et seq.
        Added by Acts 2003, 78th Leg., ch. 1274, § 3.

        This law provides that the health insurer of a maternity patient discharged before that statutory minimum stay must be provided post delivery services including assistance and training in breast-feeding. Currently, this law is part of Chapter 21, Article 21.53F, Section 5, Coverage for Minimum Inpatient Stay in Health Care Facility and Postdelivery Care Following Birth of Child; it will be recodified at § 1366.051 et seq., effective April 2005.

        -----------

        All nice stuff but unfortunately no enforcement provision in the Right to Breastfeed.

         

        Jake Marcus

         

        ----- Original Message -----
        Sent: Tuesday, January 09, 2007 4:25 PM
        Subject: [lactivism] texas legislation

        does anybody know if there is any proposed breastfeeding legislation in
        texas now? i can't find anything, but now is the time to respond if
        anythign is imminent.
        julie

      • Amy Philo
        There is a yahoo group that is for this purpose. Email me privately and I ll give you the name of that group. Amy Jeanine Demmon wrote:
        Message 3 of 4 , Jan 13, 2007
          There is a yahoo group that is for this purpose. Email me privately and I'll give you the name of that group.
          Amy

          Jeanine Demmon <jdemmon@...> wrote:
          Here's what I found on the LLL site. It prohibits the promotion of
          infant formula by hospitals, birth centers, dr or other health care
          provider, including free samples, handing out anything w/formula's name
          on it and advertising.
          http://www.lalechel eague.org/ Law/proposedsumm ary.html# TX

          0jeanine

          Julie Malcom wrote:
          >
          > does anybody know if there is any proposed breastfeeding legislation in
          > texas now? i can't find anything, but now is the time to respond if
          > anythign is imminent.
          > julie
          >
          >



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