S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          235
                              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
       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. LACTATION CONSULTANT LICENSING BOARD.
   10          8753. VIOLATIONS.
   11          8754. HEARINGS AND PROCEEDINGS.
   12          8755. APPLICABILITY.
   13          8756. SEVERABILITY.
   14    S  8750.  LEGISLATIVE  INTENT.  THE  LEGISLATURE ACKNOWLEDGES THAT THE
   15  APPLICATION OF SPECIFIC KNOWLEDGE AND SKILL RELATING TO BREASTFEEDING IS
   16  IMPORTANT TO THE HEALTH OF MOTHERS AND BABIES, AND ACKNOWLEDGES  FURTHER
   17  THAT  THE  RENDERING  OF SOUND LACTATION CARE AND SERVICES IN HOSPITALS,
   18  PHYSICIAN PRACTICES, PRIVATE HOMES AND OTHER SETTINGS  REQUIRES  TRAINED
   19  AND  COMPETENT PROFESSIONALS. FURTHER, THE LEGISLATURE DECLARES IT TO BE
   20  THE PURPOSE OF THIS ARTICLE TO PROTECT THE HEALTH, SAFETY AND WELFARE OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04150-01-5
       A. 235                              2
    1  THE PUBLIC BY PROVIDING FOR THE LICENSURE AND REGULATION OF  THE  ACTIV-
    2  ITIES OF PERSONS ENGAGED IN LACTATION CARE AND SERVICES.
    3    S  8751.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
    4  SHALL HAVE THE FOLLOWING MEANINGS:
    5    1. "APPLICANT" MEANS ANY PERSON SEEKING A LICENSE UNDER THIS ARTICLE.
    6    2. "BOARD" MEANS THE LACTATION CONSULTANT LICENSING BOARD  ESTABLISHED
    7  PURSUANT TO SECTION EIGHTY-SEVEN HUNDRED FIFTY-TWO OF THIS ARTICLE.
    8    3.  "INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANT (IBCLC)" MEANS
    9  AN INDIVIDUAL WHO HOLDS CURRENT  CERTIFICATION  FROM  THE  INTERNATIONAL
   10  BOARD  OF LACTATION CONSULTANT EXAMINERS (IBLCE) AFTER DEMONSTRATING THE
   11  APPROPRIATE EDUCATION, KNOWLEDGE AND EXPERIENCE NECESSARY FOR  INDEPEND-
   12  ENT CLINICAL PRACTICE.
   13    4.  "INTERNATIONAL  BOARD  OF  LACTATION CONSULTANT EXAMINERS (IBLCE)"
   14  MEANS THE INTERNATIONAL ORGANIZATION THAT CERTIFIES IBCLCS AND IS  INDE-
   15  PENDENTLY ACCREDITED BY THE NATIONAL COMMISSION OF CERTIFYING AGENCIES.
   16    5.  "LACTATION  CARE  AND  SERVICES" MEANS THE CLINICAL APPLICATION OF
   17  SCIENTIFIC PRINCIPLES AND A MULTIDISCIPLINARY BODY OF EVIDENCE  FOR  THE
   18  EVALUATION,  PROBLEM  IDENTIFICATION, TREATMENT, EDUCATION AND CONSULTA-
   19  TION TO PROVIDE LACTATION CARE AND SERVICES  TO  CHILDBEARING  FAMILIES.
   20  LACTATION CARE AND SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO:
   21    (A)  LACTATION ASSESSMENT THROUGH THE SYSTEMATIC COLLECTION OF SUBJEC-
   22  TIVE AND OBJECTIVE DATA;
   23    (B) ANALYSIS OF DATA AND CREATION OF A PLAN OF CARE;
   24    (C) IMPLEMENTATION OF A LACTATION CARE  PLAN  WITH  DEMONSTRATION  AND
   25  INSTRUCTION  TO  PARENTS  AND  COMMUNICATION  TO THE PRIMARY HEALTH CARE
   26  PROVIDER;
   27    (D) EVALUATION OF OUTCOMES;
   28    (E) PROVISION OF  LACTATION  EDUCATION  TO  PARENTS  AND  HEALTH  CARE
   29  PROVIDERS; AND
   30    (F) THE RECOMMENDATION AND USE OF ASSISTIVE DEVICES.
   31    6.  "LACTATION  CONSULTANT"  MEANS  A  PERSON DULY LICENSED UNDER THIS
   32  ARTICLE TO PRACTICE LACTATION CARE AND SERVICES.
   33    7. "PRACTICE" MEANS RENDERING OR OFFERING TO RENDER ANY LACTATION CARE
   34  AND SERVICES TO ANY INDIVIDUAL, FAMILY OR GROUP OF INDIVIDUALS.
   35    S 8752. LACTATION CONSULTANT  LICENSING  BOARD.  1.  THERE  IS  HEREBY
   36  CREATED  THE  LACTATION  CONSULTANT  LICENSING  BOARD.  THE  BOARD SHALL
   37  CONSIST OF FIVE MEMBERS APPOINTED BY THE GOVERNOR WITH  THE  ADVICE  AND
   38  CONSENT OF THE SENATE AS FOLLOWS:
   39    (A) FOUR MEMBERS SHALL BE LACTATION CONSULTANTS; AND
   40    (B)  ONE  MEMBER  SHALL  REPRESENT  THE  PUBLIC  AT  LARGE AND HAVE NO
   41  CONNECTION WITH THE PRACTICE OF LACTATION.
   42    2. BOARD MEMBERS SHALL SERVE FOR TERMS OF  FOUR  YEARS  AND  VACANCIES
   43  SHALL  BE APPOINTED IN THE SAME MANNER AS PROVIDED FOR ORIGINAL APPOINT-
   44  MENTS.
   45    3. MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  BUT  SHALL  BE
   46  ENTITLED  TO BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN
   47  THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
   48    4. THE MEMBERS OF THE BOARD SHALL BE CITIZENS OF THE UNITED STATES AND
   49  RESIDENTS OF THIS STATE; PROVIDED, HOWEVER, THAT THE  MEMBERS  APPOINTED
   50  PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL HAVE
   51  ENGAGED IN THE PRACTICE OF LACTATION CARE AND SERVICES FOR AT LEAST  ONE
   52  YEAR AND BE LICENSED PURSUANT TO THIS ARTICLE.
   53    5.  THE  GOVERNOR  MAY  REMOVE  MEMBERS OF THE BOARD, AFTER NOTICE AND
   54  OPPORTUNITY FOR A HEARING, FOR INCOMPETENCE, NEGLECT  OF  DUTY,  MALFEA-
   55  SANCE, UNPROFESSIONAL CONDUCT, CONVICTION OF ANY FELONY, FAILURE TO MEET
       A. 235                              3
    1  THE  QUALIFICATIONS OF THIS ARTICLE, OR COMMITTING ANY ACT PROHIBITED BY
    2  THIS ARTICLE.
    3    6.  THE  BOARD  SHALL MEET ANNUALLY AND SHALL ELECT FROM ITS MEMBERS A
    4  CHAIRPERSON, VICE-CHAIRPERSON, AND ANY OTHER OFFICERS AS  DEEMED  NECES-
    5  SARY  WHO SHALL HOLD OFFICE ACCORDING TO THE RULES ADOPTED BY THE BOARD.
    6  IN ADDITION TO ITS ANNUAL MEETING, THE BOARD MAY HOLD  ADDITIONAL  MEET-
    7  INGS EACH YEAR AS PROVIDED BY THE RULES ADOPTED BY THE BOARD.
    8    7.  THE  BOARD SHALL PERFORM SUCH DUTIES AND POSSESS AND EXERCISE SUCH
    9  POWERS RELATIVE TO THE PROTECTION OF THE PUBLIC HEALTH AND  THE  CONTROL
   10  AND  REGULATION  OF LACTATION CONSULTANTS AS THIS ARTICLE PRESCRIBES AND
   11  CONFERS UPON IT.
   12    8. THE BOARD SHALL HAVE THE POWER AND AUTHORITY TO:
   13    (A) ENFORCE THE PROVISIONS OF THIS ARTICLE, AND IT  SHALL  BE  GRANTED
   14  ALL  OF  THE  NECESSARY  DUTIES,  POWERS AND AUTHORITY TO CARRY OUT THIS
   15  RESPONSIBILITY;
   16    (B) DRAFT, ADOPT, AMEND, REPEAL AND ENFORCE SUCH  RULES  AS  IT  DEEMS
   17  NECESSARY  FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE IN THE
   18  PROTECTION OF PUBLIC HEALTH, SAFETY AND WELFARE;
   19    (C) LICENSE DULY QUALIFIED APPLICANTS BY EXAMINATION OR REINSTATEMENT;
   20    (D) IMPLEMENT THE DISCIPLINARY PROCESS;
   21    (E) ENFORCE QUALIFICATIONS FOR LICENSURE;
   22    (F) SET STANDARDS FOR COMPETENCY OF LICENSEES CONTINUING IN OR RETURN-
   23  ING TO PRACTICE;
   24    (G) ISSUE ORDERS WHEN A LICENSE IS SURRENDERED TO THE  BOARD  WHILE  A
   25  COMPLAINT,  INVESTIGATION OR DISCIPLINARY ACTION AGAINST SUCH LICENSE IS
   26  PENDING;
   27    (H) ADOPT, REVISE AND  ENFORCE  RULES  REGARDING  THE  ADVERTISING  BY
   28  LICENSEES  INCLUDING,  BUT  NOT  LIMITED  TO,  RULES  TO PROHIBIT FALSE,
   29  MISLEADING OR DECEPTIVE PRACTICES;
   30    (I) ADOPT, PUBLISH IN PRINT OR ELECTRONICALLY, AND ENFORCE A  CODE  OF
   31  ETHICS;
   32    (J) ESTABLISH EXAMINATION AND LICENSING FEES;
   33    (K)  REQUEST  AND  RECEIVE  THE ASSISTANCE OF STATE EDUCATIONAL INSTI-
   34  TUTIONS OR OTHER STATE AGENCIES;
   35    (L) PREPARE INFORMATION OF CONSUMER INTEREST DESCRIBING THE REGULATORY
   36  FUNCTIONS OF THE BOARD AND DESCRIBING THE PROCEDURES BY  WHICH  CONSUMER
   37  COMPLAINTS ARE FILED WITH AND RESOLVED BY THE BOARD;
   38    (M) ESTABLISH CONTINUING EDUCATION REQUIREMENTS; AND
   39    (N)  ADOPT  A  SEAL  WHICH  SHALL  BE  AFFIXED  ONLY IN SUCH MANNER AS
   40  PRESCRIBED BY THE BOARD.
   41    9. THE BOARD MAY GRANT, UPON APPLICATION AND PAYMENT OF PROPER FEES, A
   42  LICENSE WITHOUT EXAMINATION TO A PERSON WHO, AT THE TIME OF APPLICATION,
   43  EITHER:
   44    (A) HOLDS A VALID LICENSE AS A LICENSED LACTATION CONSULTANT ISSUED BY
   45  ANOTHER STATE, POLITICAL TERRITORY OR  JURISDICTION  ACCEPTABLE  TO  THE
   46  BOARD  IF, IN THE BOARD'S OPINION, THE REQUIREMENTS FOR THAT LICENSE ARE
   47  SUBSTANTIALLY EQUAL TO OR GREATER THAN THE REQUIREMENTS OF THIS ARTICLE;
   48  OR
   49    (B) PRESENTS EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT  IS
   50  AN IBCLC IN GOOD STANDING WITH THE IBLCE, OR ITS SUCCESSOR ORGANIZATION.
   51    10. EACH APPLICANT FOR A LICENSE AS A LACTATION CONSULTANT SHALL BE AT
   52  LEAST  EIGHTEEN  YEARS OF AGE, SHALL HAVE SUBMITTED A COMPLETED APPLICA-
   53  TION UPON A FORM AND IN SUCH MANNER AS THE BOARD PRESCRIBES, ACCOMPANIED
   54  BY APPLICABLE FEES, AND  SHALL  BE  IN  COMPLIANCE  WITH  THE  FOLLOWING
   55  REQUIREMENTS:
       A. 235                              4
    1    (A)  MEETING THE INTERNATIONAL EDUCATION AND CLINICAL STANDARDS ESTAB-
    2  LISHED FOR IBCLCS BY THE IBLCE OR  OTHER  NATIONAL  TESTING  SERVICE  AS
    3  APPROVED BY THE BOARD;
    4    (B)  PROVIDING PROOF OF SUCCESSFUL COMPLETION OF THE IBLCE EXAMINATION
    5  OR OTHER EXAMINATION AS APPROVED BY THE BOARD;
    6    (C) HAVING SATISFACTORY RESULTS FROM A FINGERPRINT RECORD CHECK REPORT
    7  CONDUCTED BY THE DEPARTMENT OR THE BUREAU OF STATE POLICE, AS DETERMINED
    8  BY THE BOARD. APPLICATION FOR A LICENSE UNDER THIS SECTION SHALL CONSTI-
    9  TUTE EXPRESS CONSENT AND AUTHORIZATION FOR THE BOARD TO PERFORM A CRIMI-
   10  NAL BACKGROUND CHECK. EACH APPLICANT WHO SUBMITS AN APPLICATION  TO  THE
   11  BOARD  FOR LICENSURE BY EXAMINATION AGREES TO PROVIDE THE BOARD WITH ANY
   12  AND ALL INFORMATION  NECESSARY  TO  RUN  A  CRIMINAL  BACKGROUND  CHECK,
   13  INCLUDING,  BUT  NOT  LIMITED TO, CLASSIFIABLE SETS OF FINGERPRINTS. THE
   14  APPLICANT SHALL BE RESPONSIBLE FOR ALL FEES ASSOCIATED WITH THE PERFORM-
   15  ANCE OF SUCH BACKGROUND CHECK; AND
   16    (D) COMPLETION OF SUCH OTHER REQUIREMENTS AS MAY BE PRESCRIBED BY  THE
   17  BOARD.
   18    11. THE BOARD MAY REQUIRE THAT ALL APPLICATIONS BE MADE UNDER OATH.
   19    12.  AFTER  EVALUATION OF AN APPLICATION AND OTHER EVIDENCE SUBMITTED,
   20  THE BOARD SHALL NOTIFY EACH APPLICANT THAT THE APPLICATION AND  EVIDENCE
   21  SUBMITTED  ARE SATISFACTORY AND ACCEPTED OR UNSATISFACTORY AND REJECTED.
   22  IF REJECTED, THE NOTICE SHALL STATE THE REASONS FOR THE REJECTION.
   23    13. EXAMINATIONS TO DETERMINE  COMPETENCE  SHALL  BE  ADMINISTERED  TO
   24  QUALIFIED  APPLICANTS AT LEAST ONCE EACH CALENDAR YEAR. THE EXAMINATIONS
   25  MAY BE ADMINISTERED BY A  NATIONAL  TESTING  SERVICE.  THE  BOARD  SHALL
   26  PRESCRIBE  OR  DEVELOP THE EXAMINATIONS WHICH MAY INCLUDE AN EXAMINATION
   27  GIVEN BY THE IBLCE OR ANY OTHER EXAMINATION APPROVED BY TWO-THIRDS  VOTE
   28  OF THE BOARD.
   29    14. (A) A LICENSE ISSUED BY THE BOARD IS THE PROPERTY OF THE BOARD AND
   30  SHALL BE SURRENDERED UPON DEMAND.
   31    (B) THE LICENSEE SHALL DISPLAY THE LICENSE CERTIFICATE IN AN APPROPRI-
   32  ATE AND PUBLIC MANNER.
   33    (C) THE LICENSEE SHALL INFORM THE BOARD OF ANY CHANGE OF ADDRESS.
   34    (D)  THE LICENSE SHALL BE RENEWED BIENNIALLY IF THE LICENSEE IS NOT IN
   35  VIOLATION OF THIS ARTICLE AT THE TIME OF APPLICATION FOR RENEWAL AND  IF
   36  THE  APPLICANT  FULFILLS CURRENT REQUIREMENTS OF CONTINUING EDUCATION AS
   37  ESTABLISHED BY THE BOARD.
   38    (E) EACH PERSON LICENSED UNDER THIS ARTICLE IS RESPONSIBLE FOR  RENEW-
   39  ING HIS OR HER LICENSE BEFORE THE EXPIRATION DATE.
   40    (F) UNDER PROCEDURES AND CONDITIONS ESTABLISHED BY THE BOARD, A LICEN-
   41  SEE MAY REQUEST THAT HIS OR HER LICENSE BE DECLARED INACTIVE. THE LICEN-
   42  SEE  MAY APPLY FOR ACTIVE STATUS AT ANY TIME AND UPON MEETING THE CONDI-
   43  TIONS SET BY THE BOARD SHALL BE DECLARED ACTIVE.
   44    15. THE BOARD MAY REFUSE TO GRANT OR RENEW A LICENSE TO AN  APPLICANT;
   45  ADMINISTER  A PUBLIC OR PRIVATE REPRIMAND, BUT A PRIVATE REPRIMAND SHALL
   46  NOT BE DISCLOSED TO ANY PERSON EXCEPT THE LICENSEE; SUSPEND ANY LICENSEE
   47  FOR A DEFINITE PERIOD OR FOR AN INDEFINITE PERIOD IN CONNECTION WITH ANY
   48  CONDITION WHICH MAY BE ATTACHED TO  THE  RESTORATION  OF  SUCH  LICENSE;
   49  LIMIT  OR  RESTRICT  ANY  LICENSEE  AS THE BOARD DEEMS NECESSARY FOR THE
   50  PROTECTION OF THE PUBLIC; REVOKE  ANY  LICENSE;  CONDITION  THE  PENALTY
   51  UPON,  OR  WITHHOLD  FORMAL  DISPOSITION  PENDING,  THE  APPLICANT'S  OR
   52  LICENSEE'S SUBMISSION TO SUCH CARE,  COUNSELING,  OR  TREATMENT  AS  THE
   53  BOARD  MAY  DIRECT;  OR IMPOSE A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS
   54  FOR EACH VIOLATION OF A LAW, RULE OR REGULATION RELATING TO THE  PROFES-
   55  SION  REGULATED  BY  THIS  ARTICLE  UPON  A FINDING BY A MAJORITY OF THE
   56  ENTIRE BOARD THAT THE LICENSEE OR APPLICANT HAS:
       A. 235                              5
    1    (A) FAILED TO  DEMONSTRATE  THE  QUALIFICATIONS  OR  STANDARDS  FOR  A
    2  LICENSE  CONTAINED  IN  THIS  SECTION  OR UNDER THE LAWS, RULES OR REGU-
    3  LATIONS UNDER WHICH LICENSURE IS SOUGHT OR HELD; IT SHALL  BE  INCUMBENT
    4  UPON  THE APPLICANT TO DEMONSTRATE TO THE SATISFACTION OF THE BOARD THAT
    5  SUCH APPLICANT MEETS ALL THE REQUIREMENTS FOR THE ISSUANCE OF A LICENSE,
    6  AND, IF THE BOARD IS NOT SATISFIED AS TO THE APPLICANT'S QUALIFICATIONS,
    7  IT  MAY  DENY A LICENSE WITHOUT A PRIOR HEARING; PROVIDED, HOWEVER, THAT
    8  THE APPLICANT SHALL BE ALLOWED TO APPEAR BEFORE THE BOARD IF HE  OR  SHE
    9  SO DESIRES;
   10    (B) KNOWINGLY MADE MISLEADING, DECEPTIVE, UNTRUE OR FRAUDULENT REPRES-
   11  ENTATIONS  IN  THE  PRACTICE  OF A BUSINESS OR PROFESSION LICENSED UNDER
   12  THIS TITLE OR ON ANY DOCUMENT CONNECTED THEREWITH;  PRACTICED  FRAUD  OR
   13  DECEIT OR INTENTIONALLY MADE A FALSE STATEMENT IN OBTAINING A LICENSE TO
   14  PRACTICE SUCH LICENSED BUSINESS OR PROFESSION; OR MADE A FALSE STATEMENT
   15  OR DECEPTIVE REGISTRATION WITH THE BOARD;
   16    (C)  BEEN  CONVICTED  OF  ANY  FELONY  OR OF ANY CRIME INVOLVING MORAL
   17  TURPITUDE IN THE COURTS OF THIS STATE OR ANY OTHER STATE,  TERRITORY  OR
   18  COUNTRY  OR IN THE COURTS OF THE UNITED STATES; AS USED IN THIS SUBDIVI-
   19  SION THE TERM "FELONY" SHALL INCLUDE ANY OFFENSE WHICH, IF COMMITTED  IN
   20  THIS  STATE, WOULD BE DEEMED A FELONY, WITHOUT REGARD TO ITS DESIGNATION
   21  ELSEWHERE; AND, AS USED IN THIS SUBDIVISION, THE TERM "CONVICTION" SHALL
   22  INCLUDE A FINDING OR VERDICT OF GUILTY OR A PLEA OF  GUILTY,  REGARDLESS
   23  OF WHETHER AN APPEAL OF THE CONVICTION HAS BEEN SOUGHT;
   24    (D)  BEEN  ARRESTED,  CHARGED  AND SENTENCED FOR THE COMMISSION OF ANY
   25  FELONY, OR ANY CRIME INVOLVING MORAL TURPITUDE, WHERE:
   26    (I) A PLEA OF NOLO CONTENDERE WAS ENTERED TO THE CHARGE; OR
   27    (II) AN ADJUDICATION OR SENTENCE WAS OTHERWISE WITHHELD OR NOT ENTERED
   28  ON THE CHARGE.
   29    (E) HAD HIS OR HER  LICENSE  TO  PRACTICE  A  BUSINESS  OR  PROFESSION
   30  LICENSED  UNDER  THIS TITLE REVOKED, SUSPENDED OR ANNULLED BY ANY LAWFUL
   31  LICENSING AUTHORITY OTHER THAN THE BOARD; HAD OTHER DISCIPLINARY  ACTION
   32  TAKEN  AGAINST  HIM  OR HER BY ANY SUCH LAWFUL LICENSING AUTHORITY OTHER
   33  THAN THE BOARD; WAS DENIED  A  LICENSE  BY  ANY  SUCH  LAWFUL  LICENSING
   34  AUTHORITY OTHER THAN THE BOARD, PURSUANT TO DISCIPLINARY PROCEEDINGS; OR
   35  WAS  REFUSED  THE  RENEWAL  OF  A  LICENSE  BY ANY SUCH LAWFUL LICENSING
   36  AUTHORITY OTHER THAN THE BOARD, PURSUANT TO DISCIPLINARY PROCEEDINGS;
   37    (F) ENGAGED IN ANY UNPROFESSIONAL, IMMORAL,  UNETHICAL,  DECEPTIVE  OR
   38  DELETERIOUS  CONDUCT  OR  PRACTICE HARMFUL TO THE PUBLIC THAT MATERIALLY
   39  AFFECTS THE FITNESS OF THE LICENSEE OR APPLICANT TO PRACTICE A  BUSINESS
   40  OR  PROFESSION  LICENSED  UNDER  THIS TITLE, OR IS OF A NATURE LIKELY TO
   41  JEOPARDIZE THE INTEREST OF THE PUBLIC; SUCH CONDUCT OR PRACTICE NEED NOT
   42  HAVE RESULTED IN ACTUAL INJURY TO ANY PERSON OR BE DIRECTLY  RELATED  TO
   43  THE  PRACTICE OF SUCH LICENSED BUSINESS OR PROFESSION BUT SHOWS THAT THE
   44  LICENSEE OR APPLICANT HAS COMMITTED ANY ACT OR OMISSION WHICH IS  INDIC-
   45  ATIVE  OF  BAD  MORAL  CHARACTER  OR UNTRUSTWORTHINESS.   UNPROFESSIONAL
   46  CONDUCT SHALL ALSO INCLUDE ANY DEPARTURE FROM, OR THE FAILURE TO CONFORM
   47  TO, THE MINIMAL STANDARDS OF ACCEPTABLE AND PREVAILING PRACTICE  OF  THE
   48  BUSINESS OR PROFESSION LICENSED UNDER THIS TITLE;
   49    (G)  KNOWINGLY  PERFORMED  ANY  ACT  WHICH  IN  ANY WAY AIDS, ASSISTS,
   50  PROCURES, ADVISES OR ENCOURAGES ANY UNLICENSED PERSON  OR  ANY  LICENSEE
   51  WHOSE  LICENSE HAS BEEN SUSPENDED OR REVOKED BY A PROFESSIONAL LICENSING
   52  BOARD TO PRACTICE A BUSINESS OR PROFESSION LICENSED UNDER THIS TITLE  OR
   53  TO PRACTICE OUTSIDE THE SCOPE OF ANY DISCIPLINARY LIMITATION PLACED UPON
   54  THE LICENSEE BY THE BOARD;
   55    (H)  VIOLATED  A STATUTE, LAW OR ANY RULE OR REGULATION OF THIS STATE,
   56  ANY OTHER STATE, THE PROFESSIONAL LICENSING BOARD REGULATING  THE  BUSI-
       A. 235                              6
    1  NESS  OR PROFESSION LICENSED UNDER THIS TITLE, THE UNITED STATES, OR ANY
    2  OTHER LAWFUL AUTHORITY, WITHOUT  REGARD  TO  WHETHER  THE  VIOLATION  IS
    3  CRIMINALLY  PUNISHABLE,  WHEN  SUCH  STATUTE,  LAW OR RULE OR REGULATION
    4  RELATES TO OR IN PART REGULATES THE PRACTICE OF A BUSINESS OR PROFESSION
    5  LICENSED  UNDER  THIS  TITLE AND WHEN THE LICENSEE OR APPLICANT KNOWS OR
    6  SHOULD KNOW THAT SUCH ACTION VIOLATES SUCH STATUTE, LAW OR RULE OR REGU-
    7  LATION; OR VIOLATED A LAWFUL ORDER OF THE BOARD  PREVIOUSLY  ENTERED  BY
    8  THE  BOARD  IN  A DISCIPLINARY HEARING, CONSENT DECREE, OR LICENSE REIN-
    9  STATEMENT;
   10    (I) BEEN ADJUDGED MENTALLY INCOMPETENT BY A COURT OF COMPETENT  JURIS-
   11  DICTION  WITHIN  OR  OUTSIDE  OF THIS STATE; ANY SUCH ADJUDICATION SHALL
   12  AUTOMATICALLY SUSPEND THE LICENSE OF ANY SUCH PERSON AND  SHALL  PREVENT
   13  THE REISSUANCE OR RENEWAL OF ANY LICENSE SO SUSPENDED FOR SO LONG AS THE
   14  ADJUDICATION OF INCOMPETENCE IS IN EFFECT; OR
   15    (J)  DISPLAYED  AN  INABILITY  TO  PRACTICE  A  BUSINESS OR PROFESSION
   16  LICENSED UNDER THIS TITLE WITH REASONABLE SKILL AND SAFETY TO THE PUBLIC
   17  OR HAS BECOME UNABLE TO PRACTICE SUCH LICENSED  BUSINESS  OR  PROFESSION
   18  WITH  REASONABLE  SKILL AND SAFETY TO THE PUBLIC BY REASON OF ILLNESS OR
   19  THE USE OF ALCOHOL, DRUGS, NARCOTICS, CHEMICALS OR  ANY  OTHER  TYPE  OF
   20  MATERIAL.
   21    S 8753. VIOLATIONS. 1. ON AND AFTER TWELVE MONTHS FOLLOWING THE EFFEC-
   22  TIVE  DATE  OF  THIS ARTICLE, NO PERSON WITHOUT A LICENSE AS A LACTATION
   23  CONSULTANT ISSUED PURSUANT TO THIS ARTICLE SHALL USE THE  TITLE  "LACTA-
   24  TION CONSULTANT," "LACTATION SPECIALIST," "BREASTFEEDING CONSULTANT," OR
   25  "BREASTFEEDING  SPECIALIST"  OR  PRACTICE  LACTATION  CARE AND SERVICES,
   26  PROVIDED THAT THIS ARTICLE SHALL NOT PROHIBIT ANY PRACTICE OF  LACTATION
   27  CARE AND SERVICES THAT IS EXEMPT PURSUANT TO THE PROVISIONS SET FORTH IN
   28  SECTION EIGHTY-SEVEN HUNDRED FIFTY-FIVE OF THIS ARTICLE.
   29    2.  ANY  PERSON  VIOLATING  THE  PROVISIONS OF SUBDIVISION ONE OF THIS
   30  SECTION SHALL BE GUILTY OF A MISDEMEANOR.
   31    S 8754. HEARINGS AND PROCEEDINGS. HEARINGS AND PROCEEDINGS  AUTHORIZED
   32  UNDER THIS ARTICLE SHALL BE GOVERNED BY PROVISIONS OF THE STATE ADMINIS-
   33  TRATIVE PROCEDURE ACT.
   34    S  8755.  APPLICABILITY. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
   35  AFFECT OR PREVENT:
   36    1. PERSONS LICENSED TO PRACTICE THE PROFESSIONS  OF  DENTISTRY,  MEDI-
   37  CINE, OSTEOPATHY, CHIROPRACTIC, NURSING, PHYSICIAN, PHYSICIAN ASSISTANT,
   38  SPECIAL ASSISTANT, DIETETICS AND NUTRITION OR MIDWIFERY FROM ENGAGING IN
   39  THE PRACTICE OF LACTATION CARE AND SERVICES WHEN INCIDENTAL TO THE PRAC-
   40  TICE  OF  THEIR  PROFESSION, EXCEPT SUCH PERSONS SHALL NOT USE THE TITLE
   41  "LACTATION CONSULTANT," "LACTATION SPECIALIST," "BREASTFEEDING  CONSULT-
   42  ANT," OR "BREASTFEEDING SPECIALIST";
   43    2.  PRENATAL  AND  CHILDBIRTH  EDUCATORS  FROM  PERFORMING NONCLINICAL
   44  EDUCATION FUNCTIONS CONSISTENT WITH  THE  ACCEPTED  STANDARDS  OF  THEIR
   45  RESPECTIVE  OCCUPATIONS,  EXCEPT  SUCH  PERSONS  SHALL NOT USE THE TITLE
   46  "LACTATION CONSULTANT," "LACTATION SPECIALIST," "BREASTFEEDING  CONSULT-
   47  ANT,"  OR  "BREASTFEEDING  SPECIALIST,"  OR  DESIGNATE THEMSELVES BY ANY
   48  OTHER TERM OR TITLE WHICH IMPLIES THAT  SUCH  PERSON  HAS  THE  CLINICAL
   49  SKILLS  AND  ABILITIES ASSOCIATED WITH LICENSURE AS A LACTATION CONSULT-
   50  ANT;
   51    3. THE PRACTICE OF LACTATION CARE AND SERVICES BY  STUDENTS,  INTERNS,
   52  OR  PERSONS  PREPARING  FOR  THE PRACTICE OF LACTATION CARE AND SERVICES
   53  UNDER THE QUALIFIED SUPERVISION OF A LICENSED  LACTATION  CONSULTANT  OR
   54  ANY LICENSED PROFESSIONAL LISTED IN SUBDIVISION ONE OF THIS SECTION;
   55    4.  EMPLOYEES OF THE UNITED STATES GOVERNMENT OR ANY BUREAU, DIVISION,
   56  OR AGENCY THEREOF WHILE IN THE  DISCHARGE  OF  THE  EMPLOYEE'S  OFFICIAL
       A. 235                              7
    1  DUTIES  SO LONG AS SUCH EMPLOYEES ARE PERFORMING THEIR DUTIES WITHIN THE
    2  RECOGNIZED CONFINES OF A  FEDERAL  INSTALLATION  REGARDLESS  OF  WHETHER
    3  JURISDICTION IS SOLELY FEDERAL OR CONCURRENT;
    4    5.  EMPLOYEES OF A DEPARTMENT, AGENCY OR DIVISION OF STATE, COUNTY, OR
    5  LOCAL GOVERNMENT FROM ENGAGING IN THE PRACTICE  OF  LACTATION  CARE  AND
    6  SERVICES WITHIN THE DISCHARGE OF OFFICIAL DUTIES;
    7    6.   INDIVIDUAL  VOLUNTEERS  PROVIDING  LACTATION  CARE  AND  SERVICES
    8  PROVIDED:
    9    (A) SUCH PERSONS SHALL  NOT  USE  THE  TITLE  "LACTATION  CONSULTANT,"
   10  "LACTATION  SPECIALIST,"  "BREASTFEEDING  CONSULTANT," OR "BREASTFEEDING
   11  SPECIALIST," OR STATE THAT THEY ARE LICENSED TO PRACTICE LACTATION  CARE
   12  OR  DESIGNATE  THEMSELVES  BY ANY OTHER TERM OR TITLE WHICH IMPLIES THAT
   13  SUCH PERSONS HAVE THE CLINICAL  SKILLS  AND  ABILITIES  ASSOCIATED  WITH
   14  LICENSURE;
   15    (B)  THEIR VOLUNTEER SERVICE IS PERFORMED WITHOUT FEE OR OTHER FORM OF
   16  COMPENSATION, MONETARY OR OTHERWISE,  FROM  THE  INDIVIDUALS  OR  GROUPS
   17  SERVED; AND
   18    (C)  THE  INDIVIDUAL VOLUNTEER RECEIVES NO FORM OF COMPENSATION, MONE-
   19  TARY OR OTHERWISE, EXCEPT FOR ADMINISTRATIVE EXPENSES SUCH  AS  MILEAGE;
   20  AND
   21    7.  A NONRESIDENT IBCLC FROM PRACTICING LACTATION CARE AND SERVICES IN
   22  THIS STATE FOR FIVE DAYS WITHOUT LICENSURE OR UP  TO  THIRTY  DAYS  WITH
   23  LICENSURE  FROM  ANOTHER STATE IF THE REQUIREMENTS FOR LICENSURE IN SUCH
   24  OTHER STATE ARE SUBSTANTIALLY EQUAL TO  THE  REQUIREMENTS  CONTAINED  IN
   25  THIS ARTICLE.
   26    S  8756. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERA-
   27  BLE, AND IF ANY COURT OF COMPETENT  JURISDICTION  DECLARES  ANY  PHRASE,
   28  CLAUSE,  SENTENCE  OR  PROVISION  OF  THIS ARTICLE TO BE INVALID, OR ITS
   29  APPLICABILITY TO  ANY  GOVERNMENT  AGENCY,  PERSON  OR  CIRCUMSTANCE  IS
   30  DECLARED  INVALID, THE REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLI-
   31  CABILITY SHALL NOT BE AFFECTED. THE PROVISIONS OF THIS ARTICLE SHALL  BE
   32  LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF.
   33    S 3. This act shall take effect on the one hundred twentieth day after
   34  it  shall  have become a law; provided, however, that any actions neces-
   35  sary for the implementation of the provisions of this act on its  effec-
   36  tive  date are authorized and directed to be completed on or before such
   37  effective date.