# newborn eyedrops LEGALLY required?



## abharrington (Jun 30, 2007)

i know it sounds crazy, but this is what the nurse told me after ds was born. as far as i understand, they eyedrops prevent infection that the baby can acquire from the birth canal BUT i also understand those infections to be STDs. i have never had one, my husband has never had one and i tested negative during this pregnancy.

so does that mean someone will come and ARREST me for refusing to let them give my child the drops?

we live in MO, if that helps.

thanks!


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## L&K'smommie (Aug 23, 2007)

I'm not sure if they are legally required but you may be required to sign paperwork saying you refused them. I know that I will have to sign it even with my hb m/w I all ready asked her and she said it was standard state procedures(so maybe required). But as far as I know nobody will come arrest me for refusing...it's just like refusing vaxes.


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## MCatLvrMom2A&X (Nov 18, 2004)

It is standard practice but you can refuse them just like the vit K shot. They cant do anything you dont give concent for. No they will not arrest you for it. Bring it up with your OB and find out his/her reaction if they give you are hard time then you will know more what you are up against as far as them getting ruff with you.


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## Crunchy Frog (Aug 24, 2008)

Here in New York State they are legally required, which burns me up, since these are IVF babies and I'm single and haven't even done "that" since I've been pg with them.

Apparently here, if you refuse eye drops or vit K, they will call CPS on you. I don't think other states are as draconian as this one, though.


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## dinan6 (Aug 30, 2008)

They also told me that while pregnant with my last. I still refused, and just said I would sign something if they needed. Also, after she was born the only people that had hands on were my husband and I, even while they were doing a quick check I or my husband was right there so they couldn't do anything we didn't want. Sometimes they do things so quickly and just because it is a part of their routine I didn't want that happening so I was very watchful. So, even if they are legally required here, we did not have them done.


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## MCatLvrMom2A&X (Nov 18, 2004)

Isnt the eye drops the same as vax though you can get exemptions? I always thought that was the way it was but I might be wrong.


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## Valerie (Jan 24, 2002)

Quote:


Originally Posted by *abharrington* 
i know it sounds crazy, but this is what the nurse told me after ds was born. as far as i understand, they eyedrops prevent infection that the baby can acquire from the birth canal BUT i also understand those infections to be STDs. i have never had one, my husband has never had one and i tested negative during this pregnancy.

so does that mean someone will come and ARREST me for refusing to let them give my child the drops?

we live in MO, if that helps.

thanks!

This is MO law regarding newborn eye prophylaxis:

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Title XII. Public Health and Welfare

Chapter 210. Child Protection and Reformation (Refs & Annos)

General Provisions for Child Protection

210.070. Prophylactic eyedrops at birth--report

Every physician, midwife or nurse who shall be in attendance upon a newborn infant or its mother, shall drop into the eyes of such infant immediately after delivery, a prophylactic solution approved by the state department of health and senior services, and shall within forty-eight hours thereafter, report in writing to the board of health or county physician of the city, town or county where such birth occurs, his or her compliance with this section, stating the solution used by him or her.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Valerie
Former RN
Former CPM
Current 3rd year law student (JD in May -- finally!)


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## mysticmomma (Feb 8, 2005)

They are required to offer them, but you are well within your rights to refuse any medical procedure. check out vaclib.org for more info on exemptions.


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## ~Katie~ (Mar 18, 2007)

In NY you can refuse, but hospitals are legally required to report parents to CPS and they can and will take temporary custody to place the drops as well as give the vitamin K because they aren't considered vaccinations. Most parents end up caving before they take custody, but I have heard of them doing it. I don't know about MO, but it may be similar.


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## MCatLvrMom2A&X (Nov 18, 2004)

Wow I would be very tempted to go to a state next to NY to give birth







that is horrible.


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## AstridS (Mar 9, 2007)

Seriously? The state can tell you what you have to do to your own child?!? WTF?!?
This kind of thing always makes me wonder why people in the US always claim that they have so much freedom.


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## kiara7 (Feb 14, 2008)

Ds was born in TX and I specified no drops. They didn't administer any and the head nurse took a day to find a refusal form, which I happily signed. She said she couldn't find it because no one refuses them







. This is the hospital with the highest c-section rate around.


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## nalo (Oct 25, 2005)

In WA you just sign a thing saying you refuse.


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## L&K'smommie (Aug 23, 2007)

Quote:


Originally Posted by *AstridS* 
Seriously? The state can tell you what you have to do to your own child?!? WTF?!?
This kind of thing always makes me wonder why people in the US always claim that they have so much freedom.

Yeah, I have this problem with the US...freedoms are slowly being taken away.


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## JBaxter (May 1, 2005)

Maryland I just said no eyedrops/vit K or Hep b and no one blinked. In fact a had a nurse remove them from the newborn cart just so no one would would "forget"


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## MegBoz (Jul 8, 2008)

Quote:


Originally Posted by *JBaxter* 
Maryland I just said no eyedrops/vit K or Hep b and no one blinked.

Yup, I had a hospital birth in the 'burbs north of Baltimore & no one blinked.

Is that really true that CPS is taking custody of babies for refusal of eye drops & vax???? Oh please tell me it's urband legend...


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## dogmom327 (Apr 19, 2007)

I was told they are required to administer them UNLESS we sign a waiver (which we did--no problem).


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## Pod4One (Nov 28, 2005)

I think Delaware has a religious exemption from the eye drops. But how do you prove that? "Yeah, I worship the Great Potato and the book Chip says this isn't necessary" - I'll have to call around.

Anyone know of a good way to find this info online - I'm delivering in Delaware.


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## Azreial (Jul 14, 2004)

I was told they are legally required as well, in MA but I just signed a form. Actually I think for the eye drops they asked DH as well


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## MoonStarFalling (Nov 4, 2004)

AFAIK in all states, except NY, the law says they are required to OFFER them not that you are required to accept them.


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## wombatclay (Sep 4, 2005)

Like a PP mentioned, NY state no longer allows parents to waive Vit K and Eye Drops (there used to be a waiver from the State Dept of Women's Health, but no longer). The parent _always_ has the right to refuse, but in this case the hospital or homebirth midwife is required to report that refusal to CPS. What CPS decides to do about it at that point varies. They can take custody of the child for the time required to do the eye drops and vitamin k or they can simply start a file on the child/family (which may become an issue if you continue to remain outside the mainstream in terms of future medical interventions).

Some homebirth midwives and some hospitals are less "stringent" about this... the hospital where I birthed dd1 and dd2 would let you delay the eye drops/vit K for the 2 hour legal limit, and by that point both girls were asleep so the eye goo was wiped on their closed eyelids. And there are a few homebirth providers who will give the goo to the parent to apply and consider it "done".

There was a thread recently discussing how eye goo is also required in one of the Canadian provinces... to the extent that some hospitals have considered making EVERY child born there a ward of the state until the eye goo is applied.


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## 1littlebit (Jun 1, 2008)

Quote:


Originally Posted by *Pod4One* 
I think Delaware has a religious exemption from the eye drops. But how do you prove that? "Yeah, I worship the Great Potato and the book Chip says this isn't necessary" - I'll have to call around.

Anyone know of a good way to find this info online - I'm delivering in Delaware.

im pretty sure you actually could do that. they can't tell you your potato and his fellow chips aren't worth worshipping... thats religious discrimination! but i think 'we are religiously opposed' verbally and on a signed contract should take care of it. not sure state by state but i don't think they can say much about it


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## 1littlebit (Jun 1, 2008)

Quote:


Originally Posted by *wombatclay* 
Like a PP mentioned, NY state no longer allows parents to waive Vit K and Eye Drops (there used to be a waiver from the State Dept of Women's Health, but no longer). The parent _always_ has the right to refuse, but in this case the hospital or homebirth midwife is required to report that refusal to CPS. What CPS decides to do about it at that point varies. They can take custody of the child for the time required to do the eye drops and vitamin k or they can simply start a file on the child/family (which may become an issue if you continue to remain outside the mainstream in terms of future medical interventions).

Some homebirth midwives and some hospitals are less "stringent" about this... the hospital where I birthed dd1 and dd2 would let you delay the eye drops/vit K for the 2 hour legal limit, and by that point both girls were asleep so the eye goo was wiped on their closed eyelids. And there are a few homebirth providers who will give the goo to the parent to apply and consider it "done".

There was a thread recently discussing how eye goo is also required in one of the Canadian provinces... to the extent that some hospitals have considered making EVERY child born there a ward of the state until the eye goo is applied.


why is NY so pro eye goo and vit k? thats so weird.


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## liliaceae (May 31, 2007)

Wow I guess I'll never move to NY. All I know is that you can refuse it in FL and CT.


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## nia82 (May 6, 2008)

California: I had to sign a refusal form for the vitamin K shot, not for the eye drops though.
Just that on call ped who came to check on us before we went home went on and on about HepB. Of course we refused.


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## liliaceae (May 31, 2007)

Oh OP have you asked other MO mamas in finding your tribe if they've refused it before?


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## JamesMama (Jun 1, 2005)

From the front page...

That is scary!

Not sure where in MO you are, but I'm in Iowa and no one blinked when I refused...they were very cool about it...not sure if traveling is an option...


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## mysticmomma (Feb 8, 2005)

Quote:


Originally Posted by *Pod4One* 
I think Delaware has a religious exemption from the eye drops. But how do you prove that? "Yeah, I worship the Great Potato and the book Chip says this isn't necessary" - I'll have to call around.

Anyone know of a good way to find this info online - I'm delivering in Delaware.


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## IamPink (Jun 26, 2006)

WV here.. it is required and you can not sign a waiver.
HOWEVER!!! My hb midwife showed me a study (to have handy in case we transfered) that says that colostrum is proven to be more effective than the goop. Of course, I can't find it right now.
But, that's all I did was get a little on my finger and then put it on ds's eyelids.
Start googling and see if you can find it because it is definately worth it!
I declined the Vit k shot and that was it. Didn't have to sign anything. Not sure about the hospitals because ds was a hb and I didn't know enough with my older kids.


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