S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        235--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of A. ROSENTHAL, PAULIN -- read once and referred to
         the Committee  on  Higher  Education  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the education law,  in  relation  to  the  licensure  of
         lactation  consultants  and providing for establishment of a lactation
         consultant licensing board
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "lactation consultant practice act".
    3    S 2. The education law is amended by adding a  new  article  166-A  to
    4  read as follows:
    5                                ARTICLE 166-A
    6                            LACTATION CONSULTANTS
    7  SECTION 8750. LEGISLATIVE INTENT.
    8          8751. DEFINITIONS.
    9          8752. PRACTICE  OF  LACTATION  CONSULTATION  AND  USE  OF  TITLE
   10                  "LICENSED LACTATION CONSULTANT".
   11          8753. LACTATION  CONSULTANT  LICENSING  BOARD  COMPOSITION   AND
   12                  TERMS.
   13          8754. LACTATION CONSULTANT LICENSING BOARD RESPONSIBILITIES.
   14          8755. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
   15          8756. EXEMPTIONS.
   16          8757. PROFESSIONAL MISCONDUCT.
   17    S  8750.  LEGISLATIVE  INTENT.  THE  LEGISLATURE ACKNOWLEDGES THAT THE
   18  APPLICATION OF SPECIFIC KNOWLEDGE AND SKILL IS REQUIRED TO EVALUATE  AND
   19  MANAGE  CLINICAL  PROBLEMS  IN LACTATION AND BREASTFEEDING THAT DIMINISH
   20  THE HEALTH AND WELL BEING OF FAMILIES AND ACKNOWLEDGES THAT THE  RENDER-
   21  ING OF SUCH CARE IN INSTITUTIONAL AND PRIVATE PRACTICE SETTINGS REQUIRES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04150-03-5
       A. 235--A                           2
    1  TRAINED   AND  COMPETENT  PROFESSIONALS.  FURTHERMORE,  THE  LEGISLATURE
    2  DECLARES IT TO BE THE PURPOSE OF THIS ARTICLE  TO  PROTECT  THE  HEALTH,
    3  SAFETY  AND  WELFARE  OF  THE  PUBLIC BY PROVIDING FOR THE LICENSURE AND
    4  REGULATION  OF  THE ACTIVITIES OF PERSONS ENGAGED IN CLINICAL EVALUATION
    5  AND MANAGEMENT OF LACTATION AND BREASTFEEDING.
    6    S 8751. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
    7  SHALL HAVE THE FOLLOWING MEANINGS:
    8    1.  THE  PRACTICE  OF THE PROFESSION OF "LACTATION CONSULTATION" SHALL
    9  MEAN THE CLINICAL EVALUATION, MANAGEMENT, AND  PROVISION  OF  PREVENTIVE
   10  MEDICAL  COUNSELING TO ASSIST FAMILIES WITH LACTATION AND INFANT FEEDING
   11  PROBLEMS AND/OR TO PREPARE FOR  NORMAL  INFANT  FEEDING.  NORMAL  INFANT
   12  FEEDING  IS  DEFINED AS BEING CONSISTENT WITH THE RECOMMENDATIONS OF THE
   13  AMERICAN ACADEMY OF PEDIATRICS AND THE WORLD HEALTH ORGANIZATION  RECOM-
   14  MENDATIONS.  SUCH SERVICES MAY INCLUDE, BUT MAY NOT BE LIMITED TO:
   15    (A)  COLLECTING  HEALTH  AND  FEEDING HISTORIES RELEVANT TO LACTATION,
   16  FEEDING FROM THE BREAST, HUMAN MILK FEEDING (FROM ASSISTIVE DEVICES SUCH
   17  AS BOTTLES, CUPS, SYRINGES, FEEDING TUBES ETC.) AND/OR  THE  FEEDING  OF
   18  SUBSTITUTES FOR HUMAN MILK;
   19    (B) CONDUCTING AN EVALUATION OF:
   20    I.  THE BREASTS, AREOLA, AND NIPPLES OF THE PERSON WHO IS INTENDING TO
   21  LACTATE, CURRENTLY LACTATING,  AND/OR  IN  THE  PROCESS  OF  CEASING  TO
   22  LACTATE WHICH MAY INCLUDE, AS NEEDED, A PHYSICAL EXAMINATION WITH APPRO-
   23  PRIATE INFORMED CONSENT;
   24    II.  MILK  PRODUCTION  AND  AS NEEDED, MILK EXPRESSION (BY HAND AND/OR
   25  WITH MECHANICAL PUMPS)  TO  INDUCE,  MAINTAIN,  AUGMENT,  AND/OR  REDUCE
   26  LACTATION;
   27    III.  THE  FULL CYCLE OF FEEDING BEHAVIOR FORM AROUSAL TO SATIETY WITH
   28  DIRECT FEEDING FROM THE BREAST AND/OR FEEDING USING  ASSISTIVE  (ON  THE
   29  BREAST) AND ALTERNATIVE (NOT ON THE BREAST) FEEDING DEVICES;
   30    IV.  THE  SUCKING  EFFICACY  OF  THE  INFANT  OR YOUNG CHILD WHICH MAY
   31  INCLUDE, AS NEEDED, A VISUAL OR DIGITAL EXAM OF THE INFANT'S ORAL  CAVI-
   32  TY, WITH APPROPRIATE INFORMED CONSENT;
   33    V.  THE ADEQUACY OF INTAKE BY THE INFANT OR YOUNG CHILD USING OBSERVA-
   34  TIONS OF SWALLOWING PATTERNS, WHICH MAY INCLUDE, AS NEEDED, THE USE OF A
   35  DIGITAL WEIGHING SCALE;
   36    VI. THE ADEQUACY OF INFANT GROWTH USING  EXISTING  RECORDS  WHICH  MAY
   37  INCLUDE, AS NEEDED, THE USE OF A WEIGHING SCALE;
   38    (C)  DETERMINING  THE  NATURE AND SEVERITY OF ANY LACTATION OR FEEDING
   39  PROBLEMS BASED ON THE HISTORY AND EVALUATION;
   40    (D) DEMONSTRATION OF IMPROVED TECHNIQUES, SUPPLIES,  AND/OR  EQUIPMENT
   41  TO  IMPROVE  LACTATION,  FEEDING  FROM  THE  BREAST, HUMAN MILK FEEDING,
   42  AND/OR THE FEEDING OF SUBSTITUTES FOR HUMAN MILK;
   43    (E) PROVISION OF PREVENTIVE MEDICAL COUNSELING AND/OR EDUCATION TO THE
   44  CLIENT-DEFINED FAMILY;
   45    (F) DEVELOPMENT OF A PLAN OF CARE  IN  CONSULTATION  WITH  THE  FAMILY
   46  WHICH MAY INCLUDE, AS NEEDED, PROVISIONS FOR APPROPRIATE FOLLOW-UP;
   47    (G) COLLABORATION AND COMMUNICATION WITH OTHER HEALTH CARE PRACTITION-
   48  ERS  AS  NEEDED,  INCLUDING  REFERRALS  TO OTHER APPROPRIATE HEALTH CARE
   49  PRACTITIONERS WHEN EXISTING PROBLEMS FALL OUTSIDE THE SCOPE OF  LICENSED
   50  LACTATION CONSULTANTS;
   51    2.  WHERE  THE  TITLE  "LICENSED LACTATION CONSULTANT" IS USED IN THIS
   52  ARTICLE IT SHALL MEAN A CLINICAL PRACTITIONER WHO EVALUATES AND  MANAGES
   53  LACTATION  AND  INFANT  FEEDING PROBLEMS AND PROVIDES PREVENTIVE MEDICAL
   54  COUNSELING TO PREVENT OR MINIMIZE THE OCCURRENCE OF SUCH  PROBLEMS.  THE
   55  TERM  "INTERNATIONAL  BOARD  CERTIFIED  LACTATION CONSULTANT (IBCLC)" IS
       A. 235--A                           3
    1  RESERVED FOR THOSE WHO ARE CERTIFIED AND REGISTERED BY THE INTERNATIONAL
    2  BOARD OF LACTATION CONSULTANT EXAMINERS (IBLCE).
    3    3.  "BOARD"  SHALL  MEAN  THE  STATE  BOARD FOR LACTATION CONSULTATION
    4  CREATED BY SECTION EIGHTY-SEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE.
    5    S 8752. PRACTICE OF LACTATION CONSULTATION AND USE OF TITLE  "LICENSED
    6  LACTATION  CONSULTANT".    ONLY  A  PERSON  LICENSED PURSUANT TO SECTION
    7  EIGHTY-SEVEN HUNDRED FIFTY-FIVE OF THIS TITLE SHALL BE AUTHORIZED TO USE
    8  THE TITLE "LACTATION CONSULTANT" OR "LICENSED LACTATION CONSULTANT".
    9    S 8753. LACTATION CONSULTANT LICENSING BOARD  COMPOSITION  AND  TERMS.
   10  1.  (A)  A  STATE BOARD FOR LACTATION CONSULTATION SHALL BE APPOINTED BY
   11  THE BOARD OF REGENTS ON THE RECOMMENDATION OF THE COMMISSIONER  FOR  THE
   12  PURPOSE  OF ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS
   13  OF PROFESSIONAL LICENSING AND PROCESSIONAL CONDUCT  IN  ACCORDANCE  WITH
   14  SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF  THIS  TITLE. THE BOARD SHALL BE
   15  COMPOSED OF NOT LESS THAN EIGHT MEMBERS. SEVEN MEMBERS OF THE BOARD MUST
   16  BE LICENSED LACTATION CONSULTANTS, EXCEPT THAT THE MEMBERS OF THE  FIRST
   17  BOARD  NEED  NOT  BE LICENSED, BUT WILL BE GRANDFATHERED AS ELIGIBLE FOR
   18  THE BOARD IF THEY REGISTERED AS IBCLCS. ONE MEMBER  OF  THE  BOARD  WILL
   19  REPRESENT THE CONSUMER AND THE GENERAL PUBLIC.
   20    (B) AMONG THE SEVEN LICENSED LACTATION CONSULTANT MEMBERS:
   21    I.  SIX  OF  THE  SEVEN MUST HAVE FIVE YEARS OF EXPERIENCE IMMEDIATELY
   22  PRIOR TO APPOINTMENT TO THE BOARD, EXCEPT THAT FOR THE FIRST FIVE  YEARS
   23  AFTER  THE  ESTABLISHMENT  OF THE BOARD MAY COUNT PRIOR EXPERIENCE AS AN
   24  IBCLC;
   25    II. ONE OF THE SEVEN LICENSED MEMBERS MUST HAVE BEEN  LICENSED  WITHIN
   26  THE LAST TWO YEARS PRIOR TO APPOINTMENT TO THE BOARD.
   27    2.  AT  LEAST  TWO  LICENSED  LACTATION  CONSULTANT MEMBERS SHALL HAVE
   28  SPECIFIC EXPERIENCE IN THE LAST TWO YEARS AS:
   29    (A) OWNERS OF THEIR OWN PRACTICES;
   30    (B) EMPLOYEES IN A HOSPITAL SETTING OR A SIMILAR  LARGE  INSTITUTIONAL
   31  SETTING; AND/OR
   32    (C) EMPLOYEES IN A PUBLIC HEALTH CLINIC OR SIMILAR SETTING SUCH AS THE
   33  FEDERAL  SPECIAL  SUPPLEMENTAL  NUTRITION PROGRAM FOR WOMEN, INFANTS AND
   34  CHILDREN.
   35    AT LEAST ONE MEMBER MUST HAVE EXPERIENCE RUNNING PEER SUPPORT  GROUPS.
   36  AT  LEAST  TWO  MEMBERS MUST REPRESENT THE AUTONOMY OF THE PROFESSION BY
   37  HOLDING NO OTHER LICENSE THAN LICENSED LACTATION CONSULTANT.  REASONABLE
   38  ATTEMPTS  WILL  BE  MADE  TO  ENSURE DIVERSITY AMONG OTHER COMPLEMENTARY
   39  PROFESSIONAL LICENSES HELD BY BOARD MEMBERS WHO ARE  LICENSED  IN  ADDI-
   40  TIONAL PROFESSIONS.
   41    3.  OF  THE  MEMBERS FIRST APPOINTED, INITIALLY ONE SHALL BE APPOINTED
   42  FOR A ONE YEAR TERM, TWO SHALL BE APPOINTED FOR A TWO YEAR TERM AND  TWO
   43  SHALL  BE  APPOINTED FOR A THREE YEAR TERM, TWO SHALL BE APPOINTED FOR A
   44  FOUR YEAR TERM AND ONE SHALL BE APPOINTED FOR A FIVE YEAR TERM  SO  THAT
   45  AS NEARLY AS POSSIBLE AN EQUAL NUMBER OF SEATS ON THE BOARD SHALL TERMI-
   46  NATE  ANNUALLY  AS SPECIFIED IN SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS
   47  TITLE.  THEREAFTER ALL MEMBERS SHALL SERVE FOR FIVE  YEAR  TERMS.  BOARD
   48  MEMBERS MAY BE REAPPOINTED FOR A SECOND TERM.
   49    4.  MEMBERS  OF  THE BOARD MUST DECLARE THAT THEY WILL NOT VIOLATE THE
   50  INTERNATIONAL CODE OF MARKETING OF BREAST-MILK SUBSTITUTES. DURING THEIR
   51  TERM, BOARD MEMBERS MAY NOT ENGAGE IN ACTIVITIES WHICH  MIGHT  CREATE  A
   52  FINANCIAL  OR  PROFESSIONAL  CONFLICT  OF  INTEREST WITH THEIR DUTIES TO
   53  UPHOLD THE STANDARDS OF THE LICENSING FOR THE  PROFESSION.  SUCH  ACTIV-
   54  ITIES SHALL INCLUDE, BUT ARE NOT LIMITED TO OWNING, SITTING ON THE BOARD
   55  OF,  BEING  AN  EMPLOYEE OF, OR HOLDING A FINANCIAL INTEREST IN AN INDE-
       A. 235--A                           4
    1  PENDENTLY ACCREDITED CERTIFICATION AND EXAMINATION PROGRAM FOR LACTATION
    2  CONSULTANTS.
    3    S  8754.  LACTATION  CONSULTANT LICENSING BOARD RESPONSIBILITIES.  THE
    4  PURPOSE OF THE LACTATION CONSULTANT LICENSING BOARD  IS  TO  ASSIST  THE
    5  BOARD  OF  REGENTS  ON  MATTERS  OF PROFESSIONAL LICENSING, PRACTICE AND
    6  CONDUCT. AS STATED IN SECTION SIXTY-FIVE HUNDRED EIGHT  OF  THIS  TITLE,
    7  EACH  MEMBER  OF THE BOARD SHALL RECEIVE AN HONORARIUM UP TO ONE HUNDRED
    8  DOLLARS AS PRESCRIBED BY THE BOARD OF REGENTS FOR EACH  DAY  DEVOTED  TO
    9  BOARD  WORK,  AND SHALL BE REIMBURSED FOR NECESSARY EXPENSES.  THE BOARD
   10  SHALL ELECT FROM ITS MEMBERS  A  CHAIRMAN  AND  VICE-CHAIRMAN  ANNUALLY,
   11  SHALL MEET UPON CALL OF CHAIRMAN OR THE DEPARTMENT, AND MAY ADOPT BYLAWS
   12  CONSISTENT  WITH  THIS  TITLE  AND  APPROVED  BY THE BOARD OF REGENTS. A
   13  QUORUM FOR THE TRANSACTION OF  BUSINESS  BY  THE  BOARD  SHALL  BE  FIVE
   14  MEMBERS. THE BOARD MUST PROVIDE FOR A PERIOD OF PUBLIC COMMENTARY BEFORE
   15  CHANGES ARE MADE TO THE REQUIREMENTS FOR LICENSURE FOR LACTATION CONSUL-
   16  TATION.  AN  EXECUTIVE  SECRETARY  SHALL  BE  APPOINTED  BY THE BOARD OF
   17  REGENTS ON THE RECOMMENDATION OF  THE  COMMISSION.  ANY  MEMBER  MAY  BE
   18  REMOVED  FROM A BOARD BY THE BOARD OF REGENTS FOR MISCONDUCT, INCAPACITY
   19  OR NEGLECT OF DUTY.
   20    S 8755. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
   21  LICENSE  AS  A  LACTATION  CONSULTANT,  AN  APPLICANT  SHALL FULFILL THE
   22  FOLLOWING REQUIREMENTS:
   23    1. APPLICATION. FILE AN APPLICATION WITH THE DEPARTMENT AND PROVIDE:
   24    (A) A COPY OF A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT.
   25    (B) TRANSCRIPTS SHOWING COMPLETION OF THE SPECIFIED PREREQUISITES  AND
   26  LACTATION  SPECIFIC  EDUCATION,  EXCEPT THAT THOSE WHO SUBMIT PROOF THAT
   27  THEY WERE CERTIFIED BY THE IBCLC PRIOR TO  ENACTMENT  OF  THIS  ARTICLE,
   28  WILL BE GRANDFATHERED AS EXEMPT.
   29    (C)  AN  AUTHORIZED CERTIFICATION OF COMPLETION (OR EXEMPTION) FOR THE
   30  NEW YORK STATE MANDATED TWO HOURS OF COURSEWORK OR TRAINING  RELATED  TO
   31  CHILD ABUSE.
   32    (D)  A  CERTIFICATE  OF SUPERVISED EXPERIENCE DOCUMENTING THE DIRECTLY
   33  SUPERVISED CLINICAL HOURS WERE COMPLETED AFTER COMPLETING THE  PREREQUI-
   34  SITES  AND  LACTATION  SPECIFIC COURSEWORK, EXCEPT THAT THOSE WHO SUBMIT
   35  PROOF THAT THEY WERE CERTIFIED BY THE IBCLC PRIOR TO ENACTMENT  OF  THIS
   36  ARTICLE, WILL BE GRANDFATHERED AS EXEMPT.
   37    (E)  PROOF  OF HAVING PASSED THE COMPREHENSIVE LACTATION EXAM ADMINIS-
   38  TERED BY THE IBLCE  (OR  AN  EQUIVALENT  OR  HIGHER  LEVEL  EXAM)  AFTER
   39  COMPLETION OF THE EDUCATIONAL AND SUPERVISION REQUIREMENTS.
   40    2. PREREQUISITES.
   41    (A)  ATTAIN  A  HIGH SCHOOL DIPLOMA OR THE EQUIVALENT (E.G. A NEW YORK
   42  STATE HIGH SCHOOL EQUIVALENCY DIPLOMA VIA THE TEST  ASSESSING  SECONDARY
   43  COMPLETION  AFTER  JANUARY  SECOND, TWO THOUSAND FOURTEEN OR THE GENERAL
   44  EDUCATIONAL DEVELOPMENT).
   45    (B) COMPLETE AT LEAST THIRTY SEMESTER CREDITS IN HEALTH SCIENCE COURS-
   46  ES FROM AN ACCREDITED INSTITUTION OF HIGHER LEARNING, ADVANCED PLACEMENT
   47  HIGH SCHOOL CLASSES AND/OR RECEIVE THE EQUIVALENT  CREDIT  FROM  COLLEGE
   48  LEVEL  EXAMINATION PROGRAM THROUGH INDEPENDENT STUDY. COURSE CONTENT MAY
   49  INCLUDE, BUT IS NOT LIMITED TO, BIOLOGY, HUMAN ANATOMY,  HUMAN  PHYSIOL-
   50  OGY,  INFANT  AND  CHILD  GROWTH  AND DEVELOPMENT, NUTRITION, PSYCHOLOGY
   51  AND/OR COUNSELING OR COMMUNICATION SKILLS,  AND  SOCIOLOGY  OR  CULTURAL
   52  SENSITIVITY OR CULTURAL ANTHROPOLOGY.
   53    (C) COMPLETE COURSEWORK OR TRAINING OFFERED BY AN INSTITUTION OF HIGH-
   54  ER  LEARNING  OR  CONTINUING  EDUCATION  COURSES  IN BASIC LIFE SUPPORT,
   55  MEDICAL DOCUMENTATION,  MEDICAL  TERMINOLOGY,  OCCUPATIONAL  SAFETY  AND
       A. 235--A                           5
    1  SECURITY  FOR  HEALTH  PROFESSIONAL, UNIVERSAL PRECAUTIONS AND INFECTION
    2  CONTROL AND PROFESSIONAL ETHICS FOR HEALTH PROFESSIONALS.
    3    (D)  FURTHER,  AS  MANDATED  BY THE STATE OF NEW YORK FOR PROFESSIONS,
    4  COMPLETE TWO HOURS OF TRAINING RELATED TO CHILD ABUSE.
    5    3. EDUCATION IN HUMAN LACTATION AND BREASTFEEDING.  WITHIN FIVE  YEARS
    6  PRIOR  TO  SITTING FOR THE EXAM, COMPLETE AT LEAST NINETY HOURS IN HUMAN
    7  LACTATION AND BREASTFEEDING THAT HAVE BEEN VERIFIED AND APPROVED BY  THE
    8  IBLCE  OR THE SUBSTANTIAL EQUIVALENT FROM ANY OTHER CERTIFYING BODY THAT
    9  IS CREDENTIALED TO PROVIDE CONTINUING EDUCATION  RECOGNITION  POINTS  BY
   10  THE  NATIONAL  COMMISSION  FOR  CERTIFYING  AGENCIES OF THE INSTITUTE OF
   11  CREDENTIALING EXCELLENCE AS DETERMINED BY THE BOARD  AND  IN  ACCORDANCE
   12  WITH THE COMMISSIONER'S REGULATIONS.
   13    4. SUPERVISED EXPERIENCE. AFTER HAVING COMPLETED THE PREREQUISITES AND
   14  EDUCATIONAL  REQUIREMENTS  LISTED  ABOVE,  COMPLETE  A  MINIMUM  OF FIVE
   15  HUNDRED DIRECTLY SUPERVISED HOURS OF CLINICAL  PRACTICE  EVALUATING  AND
   16  MANAGING  LACTATION  AND INFANT FEEDING PROBLEMS. CHIEF SUPERVISORS MUST
   17  HAVE AT LEAST FIVE YEARS EXPERIENCE AS A LICENSED  LACTATION  CONSULTANT
   18  OR, DURING THE FIRST FIVE YEARS AFTER THE ENACTMENT OF THIS ARTICLE, THE
   19  EQUIVALENT EXPERIENCE AS AN IBCLC. APPLICANTS WHO LIVE IN GEOGRAPHICALLY
   20  ISOLATED  AREAS  THAT  RENDER  DIRECT  SUPERVISION INFEASIBLE MAY, ON AN
   21  INDIVIDUAL BASIS, HAVE THEIR CHIEF SUPERVISOR SUBMIT A PLAN FOR  CONSID-
   22  ERATION  BY THE BOARD THAT DESCRIBES HOW THE SUPERVISOR WILL SUPPORT AND
   23  EVALUATE THE ACQUISITION OF THE CLINICAL SKILLS REQUIRED FOR THE PROFES-
   24  SION OF LACTATION AS DEFINED IN  THIS  ACT.  SUCH  A  PLAN  MAY  INCLUDE
   25  OPTIONS  SUCH  AS  IN-PERSON WORKSHOPS OF MASTERY OF SKILLS THAT REQUIRE
   26  DIRECT PHYSICAL CONTACT AND ELECTRONIC SUPERVISION FOR MASTERY OF  THOSE
   27  SKILLS  THAT  DO  NOT.  THE PLAN MUST ENCOMPASS THE COMPETENCIES FOR THE
   28  PRACTICE OF INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANTS  BY  THE
   29  IBLCE  OR AN EQUIVALENT OR HIGHER LEVEL OF COMPETENCIES AS DETERMINED BY
   30  THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   31    5. EXAMINATION. AFTER HAVING COMPLETED THE EDUCATIONAL AND SUPERVISION
   32  REQUIREMENTS, PASS THE EXAM ADMINISTERED BY THE IBLCE OR  ANOTHER  EXAM-
   33  INATION  DETERMINED BY THE BOARD TO HAVE THE EQUIVALENT OR HIGHER STAND-
   34  ARDS AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   35    6. REREGISTRATION. COMPLETE AT LEAST FORTY-FIVE  HOURS  OF  CONTINUING
   36  EDUCATION  IN  LACTATION,  RELATED  FIELDS AND ETHICS AS APPROVED BY THE
   37  IBLCE OR ANY OTHER CERTIFYING  BODY  THAT  IS  CREDENTIALED  TO  PROVIDE
   38  CONTINUING  EDUCATION  RECOGNITION POINTS BY THE NATIONAL COMMISSION FOR
   39  CERTIFYING AGENCIES OF THE INSTITUTE  OF  CREDENTIALING  EXCELLENCE  AND
   40  DETERMINED  BY  THE BOARD TO HAVE THE EQUIVALENT OR HIGHER STANDARDS AND
   41  IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   42    7. AGE. BE AT LEAST TWENTY-ONE YEARS OF AGE.
   43    8. CHARACTER. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
   44  MENT.
   45    9. FEE. PAY A FEE TO BE DETERMINED FOR INITIAL LICENSURE, AND A FEE TO
   46  BE DETERMINED FOR EACH TRIENNIAL REGISTRATION.
   47    S 8756. EXEMPTIONS.  AS PROVIDED IN SECTION SIXTY-FIVE HUNDRED FIVE OF
   48  THIS TITLE, THIS ARTICLE REAFFIRMS THAT NO DEFINITION OF THE PRACTICE OF
   49  LACTATION  CONSULTATION  SHALL  BE CONSTRUED TO RESTRAIN OR RESTRICT THE
   50  PERFORMANCE OF SIMILAR ACTS  AUTHORIZED  IN  THE  DEFINITIONS  OF  OTHER
   51  PROFESSIONS.
   52    FURTHERMORE, NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO:
   53    1.  PROHIBIT  OR  LIMIT  THE PRACTICE OF STUDENTS, INTERNS, OR PERSONS
   54  PREPARING FOR LACTATION CONSULTATION UNDER THE QUALIFIED SUPERVISION  OF
   55  THE LICENSEE.
       A. 235--A                           6
    1    2.  PROHIBIT  OR LIMIT LACTATION AND BREASTFEEDING COUNSELING PROVIDED
    2  THROUGH THE FEDERAL SPECIAL SUPPLEMENTAL NUTRITION  PROGRAM  FOR  WOMEN,
    3  INFANTS AND CHILDREN OR ANY OTHER GOVERNMENTAL PROGRAM WITH A FEDERAL OR
    4  STATE MANDATE TO PROVIDE SUCH COUNSELING.
    5    3.  PROHIBIT  OR  LIMIT PEER-TO-PEER LACTATION AND BREASTFEEDING COUN-
    6  SELING.
    7    S 8757. PROFESSIONAL MISCONDUCT. IN ADDITION  TO  THE  DEFINITIONS  OF
    8  MISCONDUCT UNDER SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE, IT SHALL
    9  FURTHER  CONSTITUTE PROFESSIONAL MISCONDUCT TO DISCRIMINATE ON THE BASIS
   10  OF GENDER IDENTITY, OR SEXUAL ORIENTATION OR STATUS AS A LEGAL  GUARDIAN
   11  (OR  IN  THE PROCESS OF BECOMING A LEGAL GUARDIAN) OF AN INFANT OR CHILD
   12  WHO IS NOT BIOLOGICALLY RELATED TO THAT INFANT OR CHILD.
   13    S 3. This act shall take effect on the one hundred twentieth day after
   14  it shall have become a law; provided, however, that any  actions  neces-
   15  sary  for the implementation of the provisions of this act on its effec-
   16  tive date are authorized and directed to be completed on or before  such
   17  effective date.