Republic Act 10028

Expanded Breastfeeding Promotion Act of 2009

Republic Act 10028

Cresencio | Francisco | Perez | Thai | Ventigan

CHARADES!

BREAST FEEDING

BREAST FEEDING

INFANT

INFANT

BREAST MILK

BREAST MILK

BOTTLE FEEDING

BOTTLE FEEDING

MOTHER

MOTHER

Republic Act 10028

An Act Expanding the Promotion of Breastfeeding, amending for the purpose R. A. 7600, otherwise known as "an Act Providing Incentives to all Government and Private Health Institutions with Rooming-in and Breastfeeding Practices and for other purposes"

Cresencio | Francisco | Perez | Thai | Ventigan

Section 1: Title

Amendment of RA 7600 "An act providing incentives to all government and private health institutions with rooming-in and breastfeeding practices and for other purposes"

Section 1: Title

Amendment of RA 7600 "An act providing incentives to all government and private health institutions with rooming-in and breastfeeding practices and for other purposes"

Section 2: 

Declaration of Policy

  • “Rooming-in as a national policy to encourage, protect and support the practice of breastfeeding”

  • fulfilling the basic physical, emotional and psychological needs of mothers and infants

Section 2: 

Declaration of Policy

  • Protect women by providing safe and healthful working conditions... facilities that will enhance their welfare

  • “Rooming-in as a national policy to encourage, protect and support the practice of breastfeeding”

  • fulfilling the basic physical, emotional and psychological needs of mothers and infants

  • Protect women by providing safe and healthful working conditions... facilities that will enhance their welfare

Section 2: 

Declaration of Policy

Breastfeeding Benefits:​

  • First preventive health measure that can be given to the child at birth

  • Enhance mother-infant relationship

  • Breast milk contains essential nutrients suitable for the infant's needs

Section 2: 

Declaration of Policy

Breastfeeding Benefits:​

  • First preventive health measure that can be given to the child at birth

  • Enhance mother-infant relationship

  • Breast milk contains essential nutrients suitable for the infant's needs

Section 3: 

Definition of Terms

Section 3: 

Definition of Terms

Age of Gestation

  • length of time the fetus is inside the mother's womb

Bottle-feeding 

  • feeding an infant using a bottle with artificial nipples

  • may contain any type of fluid

Breastfeeding

  • feeding an infant directly from the human breast

Breast milk

  • human milk from a mother

Breast milk substitute

  • any food being marketed or otherwise represented as partial or total replacement of breastmilk whether or not suitable for that purpose

Expressed Breast milk

Donor milk

  • human milk from a non-biological mother

  • human milk extracted from the brest by hand or by breast pump

Expressing Milk

  • act of extracting human milk from the breast by hand or by pump

Health Institutions

Formula Feeding

  • feeding with infant formula usually by bottlefeeding

  • hospitals, health infirmaries, health centers, lying-in centers or puericulture centers with obstetrical and pediatric services

Health Personnel 

  • professionals and workers who manage the operation of health institutions

Infant

Health Workers

  • persons who are engaged in health and health-related work, employed in all hospitals, health centers, health-related establishments and health stations whether government or private

  • a child within zero to twelve months of age

Infant Formula

  • breastmilk substitute formulated in accordance with the Codex Alimentarius standards, to satisfy the normal nutritional requirements of infants up to 6 months of age

Lactation Management

  • general care of a mother-infant nursing couple during the prenatal, postpartum and postnatal periods; includes providing information to pregnant and lactating mothers on the risks and advantages of breastfeeding such as what products are suitable or not as breastmilk substitutes, implementation of breastfeeding policies, establishment and maintenance of lactation and proper care of the breasts and nipples.

Lactation Stations

  • "private, clean, sanitary and well-ventilated rooms or areas in the workplace or public places where nursing mothers can wash up, bresastfeed or express their milk comfortably and store this afterward"

Low Birth-weight Infant

  • a newborn weighing less than 2500 grams at birth

Nursing Employee

  • any female worker regardless of employment status, who is breastfeeding her infant/young child

Mother's Milk

  • breastmilk from the newborn's own mother

Rooming-in

  • the practice of placing the newborn in the same room as the mother right after delivery up to discharge

Seriously ill mothers

  • with severe infections, in shock, in severe cardiac or respiratory distress or dying

Young Child

  • from the age of 12 months and 1 day to 36 months

Wet Nursing

  • feeding of a newborn from another mother's breast when his/her own mother cannot breastfeed

Non-Health Facilities

 

  • Public place - confined areas such as schools, public transportation terminals, shopping malls, etc. 

  • Workplace - work premises including their subdivisions

Chapter I

Rooming-in and Breastfeeding of Infants

Chapter I

Section 4: Applicability

  • Provisions shall apply to all private enterprises  and government agencies

  • All health and non-health facilities, establishments and institutions may be exempted for a renewable period of 2 years where the establishment of lactation stations is not feasible or necessary due to peculiar circumstances of the place taking into consideration the number of women employees, physical size of the establishment and the average number of women who visit

Section 4: Applicability

  • Provisions shall apply to all private enterprises  and government agencies

  • All health and non-health facilities, establishments and institutions may be exempted for a renewable period of 2 years where the establishment of lactation stations is not feasible or necessary due to peculiar circumstances of the place taking into consideration the number of women employees, physical size of the establishment and the average number of women who visit

  • Provisions shall apply to all private enterprises  and government agencies

  • All health and non-health facilities, establishments and institutions may be exempted for a renewable period of 2 years where the establishment of lactation stations is not feasible or necessary due to peculiar circumstances of the place taking into consideration the number of women employees, physical size of the establishment and the average number of women who visit

Chapter II

Human Milk Bank

Chapter II

Provision of Facilities for Breast Milk Collection and Storage for Health Institutions

Provision of Facilities for Breastmilk Collection and Storage for Health Institutions. - The health institution adopting rooming-in and breastfeeding shall provide equipment, facilities, and supplies for breastmilk collection, storage and utilization, the standards of which shall be defined by the Department of Health. Health institutions are likewise encouraged to set up milk banks for storage of breastmilk donated by mothers and which have undergone pasteurization. The stored breastmilk will primarily be given to children in the neonatal intensive care unit whose own mothers are seriously ill.

Provision of Facilities for Breast Milk Collection and Storage for Health Institutions

Provision of Facilities for Breastmilk Collection and Storage for Health Institutions. - The health institution adopting rooming-in and breastfeeding shall provide equipment, facilities, and supplies for breastmilk collection, storage and utilization, the standards of which shall be defined by the Department of Health. Health institutions are likewise encouraged to set up milk banks for storage of breastmilk donated by mothers and which have undergone pasteurization. The stored breastmilk will primarily be given to children in the neonatal intensive care unit whose own mothers are seriously ill.

Chapter III 

Lactation Stations

Chapter III 

Establishment of Lactation Facilities

  • All health and non-health facilities, establishments or institutions shall establish      lactation stations

  • A lactation station must not be located in the toilet

  • All health and non-health facilities, establishments or institutions shall take strict measures to prevent any direct or indirect form of promotion, marketing, and/or sales of infant formula and/or breastmilk substitutes within the lactation stations, or in any event or circumstances which may be conducive to the same

Establishment of Lactation Facilities

  • All health and non-health facilities, establishments or institutions shall establish      lactation stations

  • A lactation station must not be located in the toilet

  • All health and non-health facilities, establishments or institutions shall take strict measures to prevent any direct or indirect form of promotion, marketing, and/or sales of infant formula and/or breastmilk substitutes within the lactation stations, or in any event or circumstances which may be conducive to the same

Establishment of Lactation Facilities

  • shall be adequately provided with the necessary equipment and facilities

    • lavatory for handwashing, unless there is an easily accessible lavatory nearby

    • Refrigeration or appropriate cooling facilities for storing expressed breastmilk

    • Electrical outlets for breast pumps

    • a small table and comfortable seats

    • other standards defined by the Department of Health

  • these establishments, facilities or institutions may add other suitable facilities or services within the lactation station

Establishment of Lactation Facilities

  • shall be adequately provided with the necessary equipment and facilities

    • lavatory for handwashing, unless there is an easily accessible lavatory nearby

    • Refrigeration or appropriate cooling facilities for storing expressed breastmilk

    • Electrical outlets for breast pumps

    • a small table and comfortable seats

    • other standards defined by the Department of Health

  • these establishments, facilities or institutions may add other suitable facilities or services within the lactation station

  • shall be adequately provided with the necessary equipment and facilities

    • lavatory for handwashing, unless there is an easily accessible lavatory nearby

    • Refrigeration or appropriate cooling facilities for storing expressed breastmilk

    • Electrical outlets for breast pumps

    • a small table and comfortable seats

    • other standards defined by the Department of Health

  • these establishments, facilities or institutions may add other suitable facilities or services within the lactation station

Lactation Periods

Lactation Periods

  • Nursing employees shall be granted working intervals

  • These intervals, which shall include the time it takes an employee to get to and from the workplace lactation station, shall be counted as compensable hours worked

  • DOLE may adjust the same, provided that such intervals shall not be less than a total of 40 minutes for every 8-hour working period

  • Nursing employees shall be granted working intervals

  • These intervals, which shall include the time it takes an employee to get to and from the workplace lactation station, shall be counted as compensable hours worked

  • DOLE may adjust the same, provided that such intervals shall not be less than a total of 40 minutes for every 8-hour working period

Chapter IV

Information, Education and Re-education Drive

Chapter IV

Continuing Education, Re-education and Training of Health Workers and Health Institutions

The Department of Health (along with other government agencies, professional and nongovernmental organizations) to provide continuing information education, re-education and training programs for the following:

  • physicians

  • nurses

  • midwives

  • nutritionist-dietitians

  • community health workers

  • traditional birth attendants (TBA's)

  • other health workers on current and updated lactation management

The Department of Health (along with other government agencies, professional and nongovernmental organizations) to provide continuing information education, re-education and training programs for the following:

  • physicians

  • nurses

  • midwives

  • nutritionist-dietitians

  • community health workers

  • traditional birth attendants (TBA's)

  • other health workers on current and updated lactation management

Continuing Education, Re-education and Training of Health Workers and Health Institutions

Information Dissemination and Educational Programs to Pregnant Women and Women of Reproductive Age

Information Dissemination and Educational Programs to Pregnant Women and Women of Reproductive Age

During consultations and/or confinements of the mothers or pregnant women in a health institution, the health worker shall immediately and continuously teach, train and support through participatory strategies such as:

During consultations and/or confinements of the mothers or pregnant women in a health institution, the health worker shall immediately and continuously teach, train and support through participatory strategies such as:

  • organization of mothers' clubs

  • breastfeeding support groups

  • distribution of written information materials on matters free of charge

  • organization of mothers' clubs

  • breastfeeding support groups

  • distribution of written information materials on matters free of charge

Information Dissemination and Educational Programs to Pregnant Women and Women of Reproductive Age

Information Dissemination and Educational Programs to Pregnant Women and Women of Reproductive Age

The Department of Health is hereby mandated:

  • to develop and provide breastfeeding programs for working mothers

  • to produce and make available relevant information and programs which should be disseminated to all city, municipal and barangay health centers

  • tters free of charge

Employers are also highly encouraged to develop breastfeeding or lactation support programs regarding lactation management in the form of brochures, pamphlets and other educational materials

The Department of Health is hereby mandated:

  • to develop and provide breastfeeding programs for working mothers

  • to produce and make available relevant information and programs which should be disseminated to all city, municipal and barangay health centers

  • tters free of charge

Employers are also highly encouraged to develop breastfeeding or lactation support programs regarding lactation management in the form of brochures, pamphlets and other educational materials

Integration of Breastfeeding Education in the Curricula

DepEd, CHED and TESDA shall integrate relevant subjects in the elementary, high school and college levels, especially in the medical and education, the importance, benefits, methods or techniques of breastfeeding, and change of societal attitudes towards breastfeeding

Integration of Breastfeeding Education in the Curricula

DepEd, CHED and TESDA shall integrate relevant subjects in the elementary, high school and college levels, especially in the medical and education, the importance, benefits, methods or techniques of breastfeeding, and change of societal attitudes towards breastfeeding

Breastfeeding Awareness Month

  • Raise awareness on the importance of and to further promote breastfeeding

  • The month of August shall be known as “Breastfeeding Awareness Month”

Breastfeeding Awareness Month

  • Raise awareness on the importance of and to further promote breastfeeding

  • The month of August shall be known as “Breastfeeding Awareness Month”

Public Education and Awareness Program

Ensure meaningful observance of the breastfeeding month through a comprehensive national public education and awareness program

Public Education and Awareness Program

Ensure meaningful observance of the breastfeeding month through a comprehensive national public education and awareness program

Objectives

  • Protect, promote and support breastfeeding as normal, natural and preferred method of feeding infants and young children

  • Breastfeeding as a time honored tradition and nurturing value as a national health policy that must be enforced

  • Information about the benefits and superiority of breastfeeding and high risks and costs of bottle-feeding

  • Promotion and protection of safe and adequate nutrition for infants and young children by:

    • ​promoting and protecting breastfeeding

    • regulating the marketing of certain foods and feeding bottles, teats and pacifiers

  • Recognition, support and entire access to comprehensive, current and culturally appropriate lactation care and services

Objectives

  • Protect, promote and support breastfeeding as normal, natural and preferred method of feeding infants and young children

  • Breastfeeding as a time honored tradition and nurturing value as a national health policy that must be enforced

  • Information about the benefits and superiority of breastfeeding and high risks and costs of bottle-feeding

  • Promotion and protection of safe and adequate nutrition for infants and young children by:

    • ​promoting and protecting breastfeeding

    • regulating the marketing of certain foods and feeding bottles, teats and pacifiers

  • Recognition, support and entire access to comprehensive, current and culturally appropriate lactation care and services

Chapter V

Miscellaneous Provisions

Chapter V

Department of Health Certification

  • A ‘working mother-baby friendly’ certification is given to any health and non-health facility, establishment or institution that satisfies the requirements of Sections 6 and 7

  • In order to be given a certification, the Department of Health shall include annual inspection to confirm eligibility

  • “The Department of Health shall maintain a list of ‘mother-baby-friendly’ establishments, which it shall make available to the public.”

Department of Health Certification

  • A ‘working mother-baby friendly’ certification is given to any health and non-health facility, establishment or institution that satisfies the requirements of Sections 6 and 7

  • In order to be given a certification, the Department of Health shall include annual inspection to confirm eligibility

  • “The Department of Health shall maintain a list of ‘mother-baby-friendly’ establishments, which it shall make available to the public.”

Incentives

  • Expenses incurred in complying with the provisions of the Act shall be deductible expenses for income tax up to twice the actual amount incurred, provided that:

    • ​​deduction shall apply for the taxable period when the expenses were incurred

    • all health and non-health facilities, establishments and institutions shall comply with the provisions of the Act within six (6) months after its approval

    • such facilities, establishments or institutions shall secure a “Working Mother-Baby-Friendly Certificate” from the DOH to be filed with the BIR, before they can avail of the incentive

Incentives

  • Expenses incurred in complying with the provisions of the Act shall be deductible expenses for income tax up to twice the actual amount incurred, provided that:

    • ​​deduction shall apply for the taxable period when the expenses were incurred

    • all health and non-health facilities, establishments and institutions shall comply with the provisions of the Act within six (6) months after its approval

    • such facilities, establishments or institutions shall secure a “Working Mother-Baby-Friendly Certificate” from the DOH to be filed with the BIR, before they can avail of the incentive

Implementing Agency

“The Department of Health shall be principally responsible for the implementation and enforcement of the provisions of this Act.”

Implementing Agency

“The Department of Health shall be principally responsible for the implementation and enforcement of the provisions of this Act.”

Sanctions

  • Fine for any private non-health facility, establishment and institution which refuses or fails to comply with Sections 6 and 7 of this Act:

    • ​First offense: Fifty thousand pesos (Php50,000.00) to Two hundred thousand pesos (Php200,000.00)

    • Second offense: Two hundred thousand pesos (Php200,000.00) to Five hundred thousand pesos (Php500,000.00)

    • Third offense: Five hundred thousand pesos (Php500,000.) to One million pesos (Php1,000,000) and cancellation or revocation of business permits or licenses to operate

Sanctions

  • Fine for any private non-health facility, establishment and institution which refuses or fails to comply with Sections 6 and 7 of this Act:

    • ​First offense: Fifty thousand pesos (Php50,000.00) to Two hundred thousand pesos (Php200,000.00)

    • Second offense: Two hundred thousand pesos (Php200,000.00) to Five hundred thousand pesos (Php500,000.00)

    • Third offense: Five hundred thousand pesos (Php500,000.) to One million pesos (Php1,000,000) and cancellation or revocation of business permits or licenses to operate

Sanctions

Sanctions

  • Sanctions for heads, officials and employees of government health and non-health facilities, establishments and institutions who violate the Act

    • ​First offense: reprimand

    • Second offense: suspension for one (1) to thirty (30) days

    • Third offense: dismissal

  • “This shall be without prejudice to other liabilities applicable under civil service law and rules.”

  • Sanctions for heads, officials and employees of government health and non-health facilities, establishments and institutions who violate the Act

    • ​First offense: reprimand

    • Second offense: suspension for one (1) to thirty (30) days

    • Third offense: dismissal

  • “This shall be without prejudice to other liabilities applicable under civil service law and rules.”

Funding

Government agencies, including their subdivisions and instrumentalities, shall use their respective budget for gender and development or their budgets for repairs, maintenance and materials acquisition to comply with Section 6 hereof

Funding

Government agencies, including their subdivisions and instrumentalities, shall use their respective budget for gender and development or their budgets for repairs, maintenance and materials acquisition to comply with Section 6 hereof

Rules and Regulations

  • These agencies shall issue within one hundred and twenty (120) days upon its effectivity the rules and regulations necessary to carry out the provisions of the Act

  • DILG

  • Civil Service Administration

  • CHED

  • TESDA

  • Professional and non-governmental organizations concerned

Rules and Regulations

Agencies involved:

  • DOH

  • DOLE

  • DTI

  • DOJ

  • DSWD

  • DepED

Agencies involved:

  • DOH

  • DOLE

  • DTI

  • DOJ

  • DSWD

  • DepED

  • DILG

  • Civil Service Administration

  • CHED

  • TESDA

  • Professional and non-governmental organizations concerned

  • These agencies shall issue within one hundred and twenty (120) days upon its effectivity the rules and regulations necessary to carry out the provisions of the Act

Separability Clause

If any clause, sentence, paragraph or part of this Act shall be declared to be invalid, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

Separability Clause

If any clause, sentence, paragraph or part of this Act shall be declared to be invalid, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

Repealing Clause

“All laws, presidential decrees, executive orders, rules and regulations or parts thereof which are not consistent with this Act are hereby repealed, amended or modified accordingly.”

Repealing Clause

“All laws, presidential decrees, executive orders, rules and regulations or parts thereof which are not consistent with this Act are hereby repealed, amended or modified accordingly.”

Effectivity Clause

“The Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.”

Effectivity Clause

“The Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.”

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