AN ACT Relating to
breastfeeding; amending RCW 9A.88.010; and adding new sections to chapter 43.70
RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 43.70 RCW to read as follows:
(1) The legislature
acknowledges the surgeon general's summons to all sectors of society and
government to help redress the low breastfeeding rates and duration in the
United States, including the social and workplace factors that can make it
difficult for women to breastfeed. The legislature also acknowledges the
surgeon general's report on the health and economic importance of breastfeeding
which concludes that:
(a) Breastfeeding is
one of the most important contributors to infant health;
(b) Breastfeeding
provides a range of benefits for the infant's growth, immunity, and
development; and
(c) Breastfeeding
improves maternal health and contributes economic benefits to the family,
health care system, and workplace.
(2) The legislature
declares that the achievement of optimal infant and child health, growth, and
development requires protection and support for the practice of breastfeeding.
The legislature finds that:
(a) The American
academy of pediatrics recommends exclusive breastfeeding for the first six
months of a child's life and breastfeeding with the addition of solid foods to
continue for at least twelve months, and that arrangements be made to provide
expressed breast milk if the mother and child must separate during the first
year. Children should be breastfed or fed expressed breast milk when they show
signs of need, rather than according to a set schedule or the location;
(b) Breast milk
contains all the nutrients a child needs for optimal health, growth, and
development, many of which can only be found in breast milk;
(c) Research in
developed countries provides strong evidence that breastfeeding decreases the
incidence and/or severity of diarrhea, lower respiratory tract infection,
otitis media, bacteremia, bacterial meningitis, urinary tract infection, and
necrotizing enterocolitis. In addition, a number of studies show a possible
protective effect of breastfeeding against SIDS, Type I diabetes mellitus,
Crohn's disease, lymphoma, ulcerative colitis, and allergic diseases;
(d) Studies also
indicate health benefits in mothers who breastfeed. Breastfeeding is one of
the few ways that mothers may be able to lower their risk of developing breast
and ovarian cancer, with benefits proportional to the duration that they are
able to breastfeed. In addition, the maternal hormonal changes stimulated by
breastfeeding also help the uterus recover faster and minimize the amount of
blood mothers lose after birth. Breastfeeding inhibits ovulation and menstrual
bleeding, thereby decreasing the risk of anemia and a precipitous subsequent
pregnancy. Breastfeeding women also have an earlier return to prepregnancy
weight;
(e) Approximately two-thirds
of women who are employed when they become pregnant return to the work force by
the time their children are six months old;
(f) Employers benefit
when their employees breastfeed. Breastfed infants are sick less often;
therefore, maternal absenteeism from work is lower in companies with
established lactation programs. In addition, employee medical costs are lower
and employee productivity is higher;
(g) According to a
survey of mothers in Washington, most want to breastfeed but discontinue sooner
than they hope, citing lack of societal and workplace support as key factors
limiting their ability to breastfeed;
(h) Many mothers fear
that they are not making enough breastmilk and therefore decrease or
discontinue breastfeeding. Frequency of breastfeeding or expressing breast
milk is the main regulator of milk supply, such that forcing mothers to go
prolonged periods without breastfeeding or expressing breast milk can undermine
their ability to maintain breastfeeding; and
(i) Maternal stress can
physiologically inhibit a mother's ability to produce and let down milk.
Mothers report modifiable sources of stress related to breastfeeding, including
lack of protection from harassment and difficulty finding time and an
appropriate location to express milk while away from their babies.
(3) The legislature
encourages state and local governmental agencies, and private and public sector
businesses to consider the benefits of providing convenient, sanitary, safe,
and private rooms for mothers to express breast milk.
Sec. 2. RCW 9A.88.010 and 1990 c
3 s 904 are each amended to read as follows:
(1) A person is guilty
of indecent exposure if he or she intentionally makes any open and
obscene exposure of his or her person or the person of another knowing
that such conduct is likely to cause reasonable affront or alarm. The act
of breastfeeding or expressing breast milk is not indecent exposure.
(2) Indecent exposure
is a misdemeanor unless such person exposes himself or herself to a
person under the age of fourteen years in which case indecent exposure is a
gross misdemeanor on the first offense and, if such person has previously been
convicted under this subsection or of a sex offense as defined in RCW
9.94A.030, then such person is guilty of a class C felony punishable under
chapter 9A.20 RCW.
NEW SECTION. Sec.
3. A new section is added
to chapter 43.70 RCW to read as follows:
(1) An employer may use
the designation "infant-friendly" on its promotional materials if the
employer has an approved workplace breastfeeding policy addressing at least the
following:
(a) Flexible work
scheduling, including scheduling breaks and permitting work patterns that
provide time for expression of breast milk;
(b) A convenient,
sanitary, safe, and private location, other than a restroom, allowing privacy
for breastfeeding or expressing breast milk;
(c) A convenient clean
and safe water source with facilities for washing hands and rinsing
breast-pumping equipment located in the private location specified in (b) of
this subsection; and
(d) A convenient
hygienic refrigerator in the workplace for the mother's breast milk.
(2) Employers seeking
approval of a workplace breastfeeding policy must submit the policy to the
department of health. The department of health shall review and approve those
policies that meet the requirements of this section. The department may
directly develop and implement the criteria for "infant-friendly"
employers, or contract with a vendor for this purpose.
(3) For
the purposes of this section, "employer" includes those employers
defined in RCW 49.12.005 and also includes the state, state institutions, state
agencies, political subdivisions of the state, and municipal corporations or
quasi-municipal corporations.
