1. (a) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Mother-friendly business - A business that actively promotes and supports breastfeeding by its employees.
   2. (2) Department - Texas Department of Health

2. (b) Minimum standards. To be considered mother-friendly, a business must:

   1. (1) adhere to the definition of a mother-friendly business;
   2. (2) provide work schedule flexibility to allow employees time for either expressing breast milk or breastfeeding;
   3. (3) provide employees access to a private area for either expressing breast milk or breastfeeding;
   4. (4) provide access to a sink; and
   5. (5) provide access to a hygienic place to store expressed breast milk.

3. (c) Application for designation as a mother-friendly business. To apply for designation as a mother-friendly business, a business must:

   1. (1) complete a mother-friendly application. Applications are available from the Bureau of Women's Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 and should be completed by the contact person for mother-friendly activities. Completed applications should be returned to the department's Bureau of Women's Health; and
   2. (2) submit completed applications for review. Completed applications will be reviewed by the staff of the Bureau of Women's Health for compliance with the minimum standards set forth in subsection (b) of this section. Businesses that meet the standards will receive a letter signed by the Commissioner of Health and a certificate suitable for framing and display. Businesses that do not meet the standards will be notified by letter and will be offered technical assistance to achieve compliance.

4. (d) Maintaining designated status. A business designated as mother-friendly must:

   1. (1) be listed as such by the department. The list of mother-friendly businesses will be maintained by the staff of the department's Bureau of Women's Health. The department will make the list available for public inspection;
   2. (2) keep the staff of the Bureau of Women's Health informed of any changes in the company's mother-friendly policies. If its mother-friendly policies change, a business must submit an amended application; and
   3. (3) comply with minimum standards at all times. If a business does not comply with the program's minimum standards at all times, the department may suspend or revoke the mother-friendly designation. A business may amend its nonconforming policies and may reapply for the mother-friendly designation. Employees and clients should direct complaints about the activities of a business that employs the mother-friendly designation to the department's Bureau of Women's Health.

Source Note:The provisions of this §31.1 adopted to be effective August 5, 2001, 26 TexReg 5642.