A Current Summary of Breastfeeding Legislation in the U.S.

SUMMARY OF ENACTED BREASTFEEDING LEGISLATION

MISSOURI

In 1999, Missouri enacted a law that requires new mothers be given information by the hospitals on breastfeeding and the benefits to the child, as well as information on local breastfeeding support groups. The law also requires them to offer breastfeeding consultations to new mothers when determined appropriate by the attending physician. Also, all physicians who provide ob/gyn care shall inform patients as to prenatal preparation for and postnatal benefits of breastfeeding.

The law then goes on to state that a woman has a right to breastfeed her child in public "...with as much discretion as possible." It is likely that this language is also unconstitutional and unlawful. This restrictive language requiring discretion does not promote breastfeeding, and should not be copied by other states.

R.S.Mo. § 191.915, § 191.918

§ 191.915. Breast-feeding information provided, when, by whom
  1. Every hospital, as defined in section 197.020, RSMo, and ambulatory surgical center, as defined in section 197.200, RSMo, that provides obstetrical care shall:
    (1) Provide new mothers, where appropriate as determined by the attending physician, with information on breast-feeding and the benefits to the child; and
    (2) Provide new mothers, where appropriate as determined by the attending physician, with information on local breast-feeding support groups; or
    (3) Offer breast-feeding consultations to new mothers, where appropriate as determined by the attending physician.
  2. Beginning January 1, 2000, every licensed physician who provides obstetrical or gynecological consultation shall, where appropriate as determined by such physician, inform patients as to the prenatal preparation for and postnatal benefits of breast-feeding a child.
  3. The department of health shall produce written information on breast-feeding and the health benefits to the child, and shall distribute such information to physicians described in subsection 2 of this section and to hospitals and ambulatory surgical centers described in subsection 1 of this section upon request.

§ 191.918. Breast-feeding in public permitted
Notwithstanding any other provision of law to the contrary, a mother may, with as much discretion as possible, breast-feed her child in any public or private location where the mother is otherwise authorized to be.

Last updated Saturday, July 29, 2006 2:25 AM by sjs.

Page last edited Sun Oct 14 09:33:17 UTC 2007.