MCA Chapter 135

in effect

Miss. Code Ann. § 41-135-1 Legislative findings and intent.

The Legislature of the State of Mississippi acknowledges that extensive research demonstrates the wide-ranging and compelling benefits of breast-feeding for infants, mothers, families and communities, including: Numerous health benefits to the child, such as lower incidences of SIDS, childhood obesity, asthma, allergies and diabetes as well as increased intelligence and parental attachment; Numerous health benefits to the mother, such as decreased rates of breast cancer, ovarian cancer, postpartum hemorrhage, and reduced rates of obesity through increased postpartum weight loss; and Significant economic and social benefits to the state, such as reduced health care costs, and reduced employee absenteeism for care attributable to child illness as well as direct saving to families, as the United States Surgeon General estimates that the average family can save between One Thousand Two Hundred Dollars ($1,200.00) and One Thousand Five Hundred Dollars ($1,500.00) during a baby’s first year of life through breast-feeding. The Legislature also recognizes, despite these numerous benefits, that Mississippi has one of the lowest breast-feeding rates in the country and acknowledges that mothers in Mississippi face many barriers to breast-feeding. One (1) of these barriers is education, which many studies and reports have found to be a significant obstacle that inhibits the practice of breast-feeding. Many mothers are ill-informed about the benefits of breast-feeding and their rights as a breast-feeding mother. Therefore, the Legislature declares the intent of this chapter is to inform mothers about the benefits of breast-feeding and their rights as a breast-feeding mother in order to promote increased rates of breast-feeding in Mississippi.

Miss. Code Ann. § 41-135-3 Definitions.

As used in this chapter, the following words and phrases have the meanings as defined in this section: “Prenatal” means the period between conception to birth. “Perinatal” means the period from twenty-two (22) weeks of gestation to twenty-eight (28) days after birth. “Public place” means a place of increased patient traffic within the maternal health care facility such as a lobby area or waiting room. “Maternal health care facility” means any facility that provides prenatal or perinatal care, including, but not limited to, hospitals, clinics and other physician facilities. “Maternal health care provider” means any physician, nurse or other authorized practitioner that attends to pregnant women and mothers of infants. “Breast-Feeding in Mississippi: Guidelines” is the statement of rights required by Section 41-135-7.

Miss. Code Ann. § 41-135-5 Adoption of breast-feeding infant feeding policy by hospitals that provide birth services.

Hospitals that provide birth services may adopt an infant feeding policy that promotes and supports breast-feeding. Any infant feeding policies adopted under this section shall include guidance on the use of formula (a) for medically necessary supplementation; (b) if preferred by the mother; or (c) when exclusive breast-feeding is not advised for the mother and/or infant. Any breast-feeding infant feeding policy adopted under this section must be written down and all relevant hospital personnel, including, but not limited to, obstetric and neonatal staff, must be trained in the necessary skills to implement the adopted policy. Hospitals may make a copy of their breast-feeding infant feeding policy available to the State Department of Health.

Miss. Code Ann. § 41-135-7 Breast-Feeding in Mississippi: Guidelines.

The State Department of Health shall prepare a statement of rights regarding “Breast-Feeding in Mississippi: Guidelines.” Maternal health care facilities in the state should make every reasonable effort to post a copy of the statement of rights conspicuously in a public place of the maternal health care facility. The statement of rights shall be of an adequate size and font so as to be easily read by all visitors and/or patients within the room or space. The State Department of Health shall make available to every maternal health care provider and maternal health care facility, via its website, a template copy of the statement of rights for use within their facilities. If they post a statement of rights, maternal health care providers and maternal health care facilities are free to choose whether to use the Department of Health template or develop their own copy as long as it comports to the visibility requirements in subsection (1) of this section. The State Department of Health shall revise the “Breast-feeding in Mississippi: Guidelines” as needed to reflect advances in research regarding breast-feeding and to incorporate any additional rights of breast-feeding mothers as subsequently granted by the Mississippi Legislature, and hospitals may post the revised version of the “Breast-feeding in Mississippi: Guidelines” within three (3) months of its updated publishing. The State Board of Health shall adopt any rules and regulations necessary to ensure the display of these rights.

Miss. Code Ann. § 41-135-9 Preparation of video about importance of breast-feeding infants for presentation in certain Department of Health offices and other state agencies.

The State Department of Health shall prepare a video in an appropriate medium for presentation in offices of the department in which the department provides benefits to women of child-bearing age, which shall provide information about the importance of breast-feeding infants. Applicants for and recipients of any such benefits provided by the department may view the video in the offices of the department. The department may provide the video to other state agencies that provide benefits to women of child-bearing age, for appropriate use by those agencies.