Senate BillNo. 402


Introduced by Senator De León

(Coauthor: Senator Pavley)

February 20, 2013


An act to add Section 123367 to the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

SB 402, as introduced, De León. Breastfeeding.

Existing law provides for the licensure and regulation of health facilities, including hospitals, by the State Department of Public Health. Existing law, commencing January 1, 2014, requires all general acute care hospitals and special hospitals that have a perinatal unit, as defined, to have a infant-feeding policy.

This bill would require all general acute care hospitals and special hospitals that have a perinatal unit to adopt the “Ten Steps to Successful Breastfeeding” as adopted by Baby Friendly USA, per the Baby-Friendly Hospital Initiative, or an equivalent process recognized by the department.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) A growing body of evidence indicates that early
4infant-feeding practices can affect later growth and development,
5particularly with regard to obesity.

P2    1(b) The United States Surgeon General, and all the major health
2organizations, including the American Academy of Pediatrics and
3the World Health Organization (WHO), recommend exclusive
4breastfeeding for most babies, unless specifically contraindicated,
5for the first six months and continued breastfeeding with the
6addition of appropriate foods up to at least one year of age.

7(c) The United States Healthy People 2020 goals for
8breastfeeding set new targets for decreased formula
9supplementation within the first two days of life and increased
10number of births in facilities that provide recommended lactation
11care.

12(d) The federal Centers for Disease Control and Prevention
13monitor hospital practices at the state and national level with the
14Maternity Practices in Infant Nutrition and Care (mPINC) survey.
15Whereas mPINC benchmarks suggest that 10 percent or fewer of
16breastfeeding infants should receive supplemental formula, fewer
17than 10 percent of California hospitals reach that goal.

18(e) The Baby-Friendly Hospital Initiative (BFHI) is a global
19program sponsored by the WHO and the United Nations Children’s
20Fund (UNICEF) to encourage and recognize hospitals that offer
21an optimal level of care for infant feeding. Baby-Friendly USA is
22the national authority for the BFHI in the United States. To date,
2357 hospitals in California have received Baby-Friendly USA
24accreditation.

25(f) In April 2010, the Joint Commission, the accreditation
26organization for hospitals, began including exclusive breastfeeding
27rates as part of its perinatal care core evaluation indicators for
28maternity hospitals.

29

SEC. 2.  

Section 123367 is added to the Health and Safety Code,
30to read:

31

123367.  

(a) For the purposes of this section, the following
32definitions shall apply:

33(1) “Perinatal unit” means a maternity and newborn service of
34the hospital for the provision of care during pregnancy, labor,
35delivery, and postpartum and neonatal periods with appropriate
36staff, space, equipment, and supplies.

37(2) “Baby-Friendly Hospital Initiative” means the program
38sponsored by the World Health Organization (WHO) and the
39United Nations Children’s Fund (UNICEF) that recognizes
40hospitals that offer an optimal level of care for infant feeding.

P3    1(b) All general acute care hospitals and special hospitals, as
2defined in subdivisions (a) and (f) of Section 1250, that have a
3perinatal unit shall, by January 1, 2020, adopt the “Ten Steps to
4Successful Breastfeeding” as adopted by Baby Friendly USA, per
5the Baby-Friendly Hospital Initiative, or an equivalent process
6recognized by the State Department of Public Health.



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