BILL ANALYSIS Ó SB 402 Page 1 SENATE THIRD READING SB 402 (De León) As Amended June 18, 2013 Majority vote SENATE VOTE :38-0 HEALTH 19-0 APPROPRIATIONS 15-2 ----------------------------------------------------------------- |Ayes:|Pan, Logue, Ammiano, |Ayes:|Gatto, Harkey, Bocanegra, | | |Atkins, Bonilla, Bonta, | |Bradford, Ian Calderon, | | |Chesbro, Gomez, Roger | |Campos, Eggman, Gomez, | | |Hernández, Gonzalez, | |Hall, Holden, Linder, | | |Maienschein, Mansoor, | |Pan, Quirk, Wagner, Weber | | |Mitchell, Nazarian, | | | | |Nestande, | | | | |V. Manuel Pérez, Wagner, | | | | |Wieckowski, Wilk | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Bigelow, Donnelly | | | | | | ----------------------------------------------------------------- SUMMARY : Requires, by January 1, 2025, 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, or an alternative process adopted by a health care service plan, or the Model Hospital Policy Recommendations approved by the Department of Public Health (DPH). Specifically, this bill : 1)Requires all general acute care hospitals and special hospitals, that have a perinatal unit to adopt by January 1, 2025, the United Nations Children's Fund and World Health Organization's "Ten Steps to Successful Breastfeeding," as adopted by Baby-Friendly USA, per the Baby Friendly Hospital Initiative (BFHI), 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, as currently approved by DPH. 2)Defines "perinatal unit" to be a maternity or newborn service of a hospital for the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods with appropriate SB 402 Page 2 staff, space, equipment, and supplies. EXISTING LAW : 1)Establishes DPH, which among other things licenses and regulates hospitals and promotes child and maternal health. Requires DPH to include in its public service campaign, the promotion of mothers breastfeeding their infants. 2)Establishes the Women, Infants and Children program (WIC), administered by DPH to provide nutritional food supplements to low-income pregnant women, low-income postpartum and lactating women, and low-income infants and children under five years of age, who have been determined to be at nutritional risk. Establishes the "Breastfeeding Peer Counseling Program" at local agency WIC sites to increase the rate of breastfeeding for WIC participants. 3)Establishes the Hospital Infant Feeding Act which requires all general acute care and special hospitals that have a perinatal unit to have an infant-feeding policy and to clearly post the policy and routinely communicate the policy to perinatal unit staff. 4)Requires the infant-feeding policy to promote breastfeeding, utilizing guidance provided by the BFHI or the DPH Model Hospital Policy Recommendations. FISCAL EFFECT : According to the Assembly Appropriations Committee, negligible state costs. COMMENTS : According to the author, evidence indicates that early infant feeding practices can affect later growth and development in children, while significantly reducing their risk for infections and chronic diseases such as diabetes, asthma, and obesity. Although nearly 90% of California mothers enter the hospital intending to breastfeed, only about 50% leave the hospital breastfeeding exclusively. The author asserts that this disparity is a health equity issue since many of the hospitals that have low or very low exclusive breastfeeding rates are in areas that serve low-income women. Exclusive breastfeeding rates increase when hospitals keep mothers and babies together; encourage feeding shortly after birth; provide SB 402 Page 3 staff with education for breastfeeding support; and, avoid unnecessary formula supplementation. Baby-Friendly USA provides technical assistance to the facility to create a plan for achieving Baby-Friendly guidelines. All plans are reviewed and feedback is provided by Baby-Friendly USA. Baby-Friendly USA offers a sliding fee schedule to hospitals seeking a Baby-Friendly designation based on the size of the hospital and the number of births per year. According to the California WIC Association (CWA), some 58 of the approximately 260 perinatal hospitals in California have implemented comprehensive policies, and become certified as Baby-Friendly, and approximately 40 hospitals are planning to begin the certification process, leaving nearly 162 perinatal hospitals that still must become certified. The CWA is the sponsor of this bill and writes that the "Ten Steps" will increase exclusive breastfeeding rates in California, improve health outcomes for moms and kids, and ultimately save millions in unnecessary health care costs. The California Hospital Association also supports this bill, stating, this bill further promotes the breast feeding support provided to new mothers in our hospitals and allows each hospital to select from an array of options to provide that support. Hospitals throughout the state have demonstrated this commitment by leading the nation with over 60 hospitals voluntarily achieving the prestigious "Ten Steps to Successful Breastfeeding" Baby-Friendly Hospital designation status. The American Academy of Pediatrics writes in support that the importance of addressing the issue of the impact of hospital practices and policies on breastfeeding outcomes is highlighted by the decision of The Joint Commission to adopt the rate of exclusive breast milk feeding as a Perinatal Care Core Measure. As such, the rate of exclusive breastfeeding during the hospital stay has been confirmed as a critical variable when measuring the quality of care provided. Analysis Prepared by : Lara Flynn / HEALTH / (916) 319-2097 FN: 0001459 SB 402 Page 4