79R4825 YDB-D

By:  Farrar                                                       H.B. No. 1216



A BILL TO BE ENTITLED

AN ACT

relating to the promotion of breast-feeding and the prohibition 
against interference with or restriction of the right to 
breast-feed.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 165.002, Health and Safety Code, is 
amended to read as follows:
	Sec. 165.002.  RIGHT TO BREAST-FEED.  (a)  A mother is 
entitled to breast-feed her baby in any location in which the mother 
is otherwise authorized to be.
	(b)  A business entity or an owner or employee of the entity 
may not interfere with or restrict the right of a mother, including 
a mother who is an employee of the entity, to breast-feed in 
accordance with this section.
	(c)  The refusal of a business entity to allow an employee to 
exercise the right to breast-feed provided by this section 
constitutes an unlawful employment practice under Chapter 21, Labor 
Code.
	SECTION 2.  Subchapter A, Chapter 165, Health and Safety 
Code, is amended by adding Section 165.0035 to read as follows:
	Sec. 165.0035.  PHYSICIAN DESIGNATION AS "BREAST-FEEDING 
FRIENDLY."  (a)  A physician licensed to practice medicine in this 
state may use the designation "breast-feeding friendly" in the 
physician's promotional materials if the physician develops a 
policy supporting breast-feeding.  The policy must require the 
physician to:
		(1)  provide training on the benefits of breast-feeding 
for the physician's staff who provide health care services to 
patients;
		(2)  encourage a pregnant patient to breast-feed her 
child after the child's birth;
		(3)  provide breast-feeding information and materials 
to pregnant women and mothers with infants;
		(4)  provide information on local breast-feeding 
support groups to pregnant women and mothers with infants; and
		(5)  provide breast-feeding consultations to mothers 
with infants and contact the mothers by telephone to provide 
breast-feeding information and assistance.
	(b)  The physician must submit the physician's 
breast-feeding policy to the department.  The department shall:
		(1)  maintain a list of "breast-feeding friendly" 
physicians who submit a policy under this section and comply with 
this section; and
		(2)  make the list available on the department's 
Internet website and for public inspection at the main office of the 
department.
	(c)  The department shall publicize the breast-feeding 
friendly program to all obstetricians, pediatricians, family 
practice physicians, and general practice physicians who are 
licensed to practice medicine in this state.
	SECTION 3.  The Department of State Health Services shall 
develop and make available the list required by Section 165.0035, 
Health and Safety Code, as added by this Act, not later than 
September 1, 2006.
	SECTION 4.  This Act takes effect September 1, 2005.