UNOFFICIAL COPY AS OF 11/08/1800 REG. SESS.00 RS BR 498
AN ACT relating to breast-feeding.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
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BR049800.100-498
UNOFFICIAL COPY AS OF 11/08/1800 REG. SESS.00 RS BR 498
SECTION 1. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:
(1)The General Assembly of the Commonwealth of Kentucky recognizes and hereby declares that breast-feeding a baby is an important and basic act of nurture that must be encouraged in the interests of maternal and child health and family values. This section is enacted with the expressed legislative intention of recognizing that a woman's choice to breast-feed benefits the family, the employer, and society.
(2)As used in this section, "department" means the Department for Public Health.
(3)A mother may breast-feed her baby in any location, public or private, where the mother is otherwise authorized to be.
(4)A person commits a violation of interference with the right of a woman to breast-feed a child if the person intentionally prevents or restricts a woman from breast-feeding a child in any location, public or private, where the mother is otherwise authorized to be.
(5)A business or agency may use the designation "mother-friendly" in its promotional materials if the business or agency develops a policy supporting the practice of worksite breast-feeding that addresses the following:
(a)Work schedule flexibility, including scheduling breaks and work patterns to provide time for expression of milk;
(b)The provision of accessible locations allowing privacy;
(c)Access nearby to a clean, safe water source, and a sink for washing hands and rinsing out any needed breast-pumping equipment; and
(d)Access to hygienic storage alternatives in the workplace for the mother's breast milk.
(6)The business or agency shall submit its breast-feeding policy to the department. The department shall maintain a list of "mother-friendly" businesses and agencies covered under this section and shall make the list available for public inspection.
(7)A state agency that administers a program providing maternal or child health services shall provide information that encourages breast-feeding to program participants who are pregnant women or mothers with infants.
(8)The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish a regional incentive program for facilities providing maternity services or newborn infant care for increasing the proportion of mothers served who breast-feed their babies. The incentive program shall include annual statewide recognition for facilities having the highest proportion of mothers breast-feeding in each region.
(9)The department shall provide information and assistance to a facility lawfully providing maternity services or newborn infant care on how to comply with the requirements developed by the United States Department of Health and Human Services in accordance with UNICEF and World Health Organization baby-friendly hospital initiatives and to receive the designation "baby-friendly."
(10)The department may include a program of lactation support services as part of the benefits and services provided for pregnant and breast-feeding participants in the Women, Infants, and Children Nutrition Program. The program may include payment for breast pumps, breast shields, or any supply deemed essential for the successful maintenance of lactation, as well as lactation specialists who are registered nurses, licensed dietitians, or persons who have successfully completed a lactation management training program.
(11)The department shall coordinate the operation of the Women, Infants, and Children program with the Department for Medicaid Services by interagency agreement whereby each department provides information about the services offered by the other to applicants for services.
Section 2. KRS 211.990 is amended to read as follows:
(1)Any owner or occupant who fails to comply with an order made under the provisions of KRS 211.210 shall be guilty of a violation, and each day's continuance of the nuisance, source of filth, or cause of sickness, after the owner or occupant has been notified to remove it, shall be a separate offense.
(2)Except as otherwise provided by law, anyone who fails to comply with the provisions of the rules and regulations adopted pursuant to this chapter or who fails to comply with an order of the cabinet issued pursuant thereto shall be guilty of a violation. Each day of such violation or noncompliance shall constitute a separate offense.
(3)Any person who violates any provision of KRS 211.182 shall, upon first offense, be guilty of a Class A misdemeanor. Each subsequent violation of any provision of KRS 211.182 shall constitute a Class D felony.
(4)Any person who violates any provision of KRS 211.842 to 211.852 or any regulation adopted hereunder or any order issued by the Cabinet for Health Services to comply with any provision of KRS 211.842 to 211.852 or the regulations adopted thereunder shall be guilty of a Class A misdemeanor. Each day of violation or noncompliance shall constitute a separate offense.
(5)Any person who violates KRS 211.962 or any rule or regulation of the Cabinet for Health Services adopted pursuant to KRS 211.962 to 211.968 shall be guilty of a Class A misdemeanor.
(6)A private review agent which performs utilization review without proper registration pursuant to KRS 211.461 to 211.466 shall be guilty of a Class A misdemeanor.
(7)Any properly registered private review agent which willfully violates any provision of KRS 211.461 to 211.466 or of the regulations shall be guilty of a Class D felony.
(8)A person who performs or offers to perform lead-hazard detection or lead-hazard abatement services in target housing or child-occupied facilities who is not certified as required by KRS 211.9063 or 211.9069 shall be guilty of a Class A misdemeanor.
(9)Any person who performs lead-hazard detection or lead-hazard abatement services in target housing or child-occupied facilities, who willfully violates the standards for performing lead-hazard detection or lead-hazard abatement procedures included in the administrative regulations promulgated pursuant to KRS 211.9075 shall be guilty of a Class D felony.
(10)The penalties provided in subsections (6), (7), (8), and (9) of this section are cumulative and are in addition to any other penalties, claims, damages, or remedies available at law or in equity.
(11)Any person who violates any provisions of KRS 211.760 or Section 1 of this Act shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100). Each day of violation or noncompliance shall constitute a separate offense.
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