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.
