A Q is posed:  how many hospital-based IBCLCs see formula reps waltzing 
around the nurseries and maternity wards, proferring their pens, meals, 
mouse pads etc.  (I agree they should now all be called formula salesmen.  
Better yet:  formula hawkers.  That way you cover both men and women doing 
it).  Such activity is in direct violation of the International Code of 
Marketing of Breast-milk Substitutes, which all IBCLCs must respect and 
suuport under the IBLCE Code of Ethics.

I certainly see 'em.

My suggestion (for those of us in the USA):  ask your hospital 
administrators how this could possibly be tolerated if the hospital is 
respecting its strict requirements to protect patient privacy under HIPAA 
(the Health Insurance Portability and Accountability Act of 1996).  Surely 
there are patient folders, computer screens, open charts and *talking* 
health care professionals in the nursery, in the nurses lounge, or at the 
reception desk for the maternity ward.   If so -- protected health 
informaton (PHI) is likely to be seen or heard by outsiders with no business 
hearing it  (including the formula hawkers).

The hospital is open to civil and *criminal* liability for knowing 
violations of the privacy protections.  And an IBLC inquiring of her 
administrators how this could happen is certainly putting them on notice.

Where our pleas to ban formula hawkers to improve BF rates for its own sake 
may go unheeded, the fear of substantial legal penalties may give your 
bosses cause to re-think ....

Liz Brooks, JD, IBCLC
Wyndmoor, PA, USA

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