A Current Summary of Breastfeeding Legislation in the U.S.

SUMMARY OF ENACTED BREASTFEEDING LEGISLATION

TEXAS

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.

Last updated Sunday, July 30, 2006 5:49 PM by sjs.

Page last edited Sun Oct 14 09:33:18 UTC 2007.