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California Laws

MO-07-0062 BFP

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Banking Human Milk
Breastfeeding Rights
California Department of Public Health/California Department of Health Care Services' Promotion, Protection and Support of Breastfeeding
Hospital Breastfeeding Support
Hospital Training
Employer Lactation Accommodation

Banking Human Milk

1994- Milk bank licensure fee (Cal. Health and Safety Code § 1639.5)  The application and annual renewal fee for a tissue bank license shall be nine hundred fifty dollars. No license fee shall be required for any tissue bank operated by the government or by a "mothers' milk bank," that has applied for tissue bank licensure prior to January 1, 1995.

1999- Milk banks are a service (Cal. Health and Safety Code § 1647)  The procurement, processing, distribution, or use of human milk for the purpose of human consumption is for all purposes the rendition of a service and is not to be a sale of the human milk for any purpose.

2006- Hospitals are exempt from tissue bank licensure for mother’s breastmilk  (Cal. Health and Safety Code § 1648)  This law provides an exemption for hospitals from requiring a tissue bank license for the collection, processing, storage, or distribution of breastmilk of a mother exclusively for her own infant.

Breastfeeding Rights

1997 – Right to breastfeed in public (Cal. Civil Code § 43.3)  This law provides that a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and child are authorized to be present 

2000—Jury Duty summons and rules for breastfeeding (Cal. Code of Civil Procedures § 210.5)  This law requires the standardized jury summons to include a specific reference to the rules for breast-feeding mothers.  

2001—Jury Duty deferral for breastfeeding (California Rules of Court Rule 859)  A mother who is breastfeeding a child may request that jury service be deferred for up to one year.

 

2012 – California Fair Employment and Housing Act amended to include breastfeeding or medical conditions related to breastfeeding (Government Code Section 12926) 

12921.

(a) The opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status is hereby recognized as and declared to be a civil right.

12926.

(r) (1)  “Sex” includes, but is not limited to, the following:

(A) Pregnancy or medical conditions related to pregnancy.

(B) Childbirth or medical conditions related to childbirth.

(C) Breastfeeding or medical conditions related to breastfeeding.

2014 – Airports to provide a room to express breast milk (Government Code 50479)  Public airports of specified flight volume shall provide a room or other location at each airport terminal behind the airport security screening area for members of the public to express breast milk in private. The room shall be outside the confines of a restroom and include a minimum of one chair and an electrical outlet.

California Department of Public Health/California Department of Health Care Services' Promotion, Protection and Support of Breastfeeding

2003- Brochure to educate about diet and staying active (Cal. Health and Safety Code 123232 ) The department [MCAH] shall develop or obtain a brochure to educate pregnant women and new parents about the important role of a diet rich in fruits and vegetables and staying active in preventing chronic diseases and as an important source of nutrients for breastfeeding mothers.  This section shall be implemented only if, and to the extent that, federal or private funding, or both, are available for that purpose.

2007—Public service campaign (Cal. Health and Safety Code § 123360)  The State Department of Public Health shall include in its public service campaign promotion of mothers breastfeeding their infants.  

2007—Expand breastfeeding peer counseling at local WIC sites (Cal. Health and Safety Code § 123361)  To the extent that non-United States Department of Agriculture (USDA) federal funds and private grants or donations are made available for this purpose, the State Department of Public Health shall expand breast-feeding peer counseling program at local agency California WIC sites.  

2007—Medi-Cal to improve access to lactation support and breast pumps  (Welfare and Institutions Code § 14134.55)  The department shall streamline and simplify existing Medi-Cal program procedures in order to improve access to lactation supports and breast pumps among Medi-Cal recipients.

(a) (1) The department shall recommend training for general acute care hospitals, as defined in subdivision (a) of Section 1250, and special hospitals, as defined in subdivision (f) of Section 1250, that is intended to improve breast-feeding rates among mothers and infants. This recommended training should be designed for general acute care hospitals that provide maternity care and have exclusive patient breast-feeding rates in the lowest 25 percent, according to the data published yearly by the State Department of Public Health, when ranked from highest to lowest rates. The training offered shall include a minimum of eight hours of training provided to appropriate administrative and supervisory staff on hospital policies and recommendations that promote exclusive breast-feeding. Hospitals that meet the minimum criteria for exclusive breast-feeding rates prescribed in the most current Healthy People Guidelines of the United States Department of Health and Human Services shall be excluded from the training requirements recommended by this paragraph.   
(2) The department shall notify the hospital director or other person in charge of a hospital to which paragraph (1) applies, that the eight-hour model training course developed pursuant to subdivision (b) of Section 123360, is available, upon request, to the hospital.
(b) The recommendations provided for in this section are advisory only. Nothing in this section shall require a hospital to comply with the training recommended by this section. Section 1290 shall not apply to this section, nor shall meeting the recommendations of this section be a condition of licensure.

 

Hospital Breastfeeding Support

1995— Maternity care hospitals must have breastfeeding consultation or information (Cal. Health and Safety Code § 123365)  Requires general hospitals and special hospitals providing maternity care to make available breast feeding consultation or alternatively, provide information to the mother on where to receive breast feeding information.

 

2011—Hospital Infant Feeding Act (Cal. Health and Safety Code § 123366)  All general acute care hospitals and special hospitals that have a perinatal unit shall have an infant-feeding policy that utilizes guidance provided by the Baby-Friendly Hospital Initiative or the State Department of Public Health Model Hospital Policy Recommendations.  This section shall become operative January 1, 2014.

  

2014—Hospitals with perinatal units will adopt “Ten Steps to Successful Breastfeeding” (Cal. Health and Safety Code § 123367)  All general acute care hospitals and special hospitals that have a perinatal unit will adopt the “Ten Steps to Successful Breastfeeding” or an alternate process by January 1, 2025.

 

Hospital Training

2007—Department to develop model hospital training (Cal. Health and Safety Code § 123360)  The State Department of Public Health shall develop a model eight-hour training course of hospital policies and recommendations that promote exclusive breastfeeding.

 

2007— Department to recommend training for hospitals with low breastfeeding rates per CDPH annual data (Cal. Health and Safety Code § 1257.9)  The department shall recommend training that is intended to improve breast-feeding rates among mothers and infants for general acute care hospitals that provide maternity care and have exclusive patient breast-feeding rates in the lowest 25 percent. 

 

Employer Lactation Accommodation

1998—California legislature encourages employers to support breastfeeding (Cal. Assembly Concurrent Resolution 155)  The California legislature encourages the State of California and all California employers to strongly support and encourage the practice of breastfeeding by striving to accommodate the needs of employees. 

 

2002—California employers are required to provide accommodations for breastfeeding mothers (Cal. Labor Code § 1030, 1031, 1032, 1033)  This law requires all California employers to provide a reasonable amount of break time and make a reasonable effort to provide a private space, other than a toilet stall, close to the employee’s work area, to accommodate an employee desiring to express breastmilk for her baby.

Worksite Lactation Accommodation: California vs. Federal Lactation Law (PDF)

2015—Specified California schools are required to provide reasonable accommodations to a lactating pupil on a school campus(Cal. Education Code § 222) This law requires require schools operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and charter schools to provide reasonable accommodations to a lactating pupil on a high school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. 

 
 
Last modified on: 5/27/2016 11:42 AM