Amended in Senate May 28, 2013

Senate BillNo. 402


Introduced by Senator De León

(Coauthor: Senator Pavley)

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(Coauthor: Assembly Member Ammiano)

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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 amended, 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 havebegin delete aend deletebegin insert anend insert infant-feeding policy.

This bill would require all general acute care hospitals and special hospitals that have a perinatal unit to adoptbegin insert, by January 1, 2025,end insert the “Ten Steps to Successfulbegin delete Breastfeeding”end deletebegin insert Breastfeeding,end insertbegin insertend insert as adopted bybegin delete Baby Friendlyend deletebegin insert Baby-Friendlyend insert USA, per the Baby-Friendly Hospital Initiative, or anbegin delete equivalentend deletebegin insert alternateend insert processbegin delete recognized by the departmentend deletebegin insert adopted by a health care service plan that includes evidenced-based policies and practices and targeted outcomes, or the end insertbegin insertModel Hospital Policy Recommendations as revised by the department in 2012end insert.

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

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

P2    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.

6(b) The United States Surgeon General, and all the major health
7organizations, including the American Academy of Pediatrics and
8the World Health Organization (WHO), recommend exclusive
9breastfeeding for most babies, unless specifically contraindicated,
10for the first six months and continued breastfeeding with the
11addition of appropriate foods up to at least one year of age.

12(c) The United States Healthy People 2020 goals for
13breastfeeding set new targets for decreased formula
14supplementation within the first two days of life and increased
15number of births in facilities that provide recommended lactation
16care.

17(d) The federal Centers for Disease Control and Prevention
18monitor hospital practices at the state and national level with the
19Maternity Practices in Infant Nutrition and Care (mPINC) survey.
20Whereas mPINC benchmarks suggest that 10 percent or fewer of
21breastfeeding infants should receive supplemental formula, fewer
22than 10 percent of California hospitals reach that goal.

23(e) The Baby-Friendly Hospital Initiative (BFHI) is a global
24program sponsored by the WHO and the United Nations Children’s
25Fund (UNICEF) to encourage and recognize hospitals that offer
26an optimal level of care for infant feeding. Baby-Friendly USA is
27the national authority for the BFHI in the United States. To date,
2857 hospitals in California have received Baby-Friendly USA
29accreditation.

30(f) In April 2010, the Joint Commission, the accreditation
31organization for hospitals, began including exclusive breastfeeding
32rates as part of its perinatal care core evaluation indicators for
33maternity hospitals.

34

SEC. 2.  

Section 123367 is added to the Health and Safety Code,
35to read:

36

123367.  

(a) For the purposes of this section, the following
37definitions shall apply:

P3    1(1) “Perinatal unit” means a maternity and newborn service of
2the hospital for the provision of care during pregnancy, labor,
3delivery, and postpartum and neonatal periods with appropriate
4staff, space, equipment, and supplies.

5(2) “Baby-Friendly Hospital Initiative” means the program
6sponsored by the World Health Organization (WHO) and the
7United Nations Children’s Fund (UNICEF) that recognizes
8hospitals that offer an optimal level of care for infant feeding.

9(b) All general acute care hospitals and special hospitals, as
10defined in subdivisions (a) and (f) of Section 1250, that have a
11perinatal unit shall, by January 1,begin delete 2020end deletebegin insert 2025end insert, adopt the “Ten Steps
12to Successfulbegin delete Breastfeeding”end deletebegin insert Breastfeeding,end insertbegin insertend insert as adopted bybegin delete Baby
13Friendlyend delete
begin insert Baby-Friendlyend insert USA, per the Baby-Friendly Hospital
14Initiative, or anbegin delete equivalentend deletebegin insert alternateend insert processbegin delete recognized by the
15State Department of Public Healthend delete
begin insert adopted by a health care service
16plan that includes evidenced-based policies and practices and
17targeted outcomes, or the end insert
begin insertModel Hospital Policy Recommendations
18as revised by the State Department of Public Health in 2012end insert
.



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