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.