2014 -- H 7914

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LC005103

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HEALTH AND SAFETY -- LACTATION CONSULTANT PRACTICE ACT

OF 2014

     

     Introduced By: Representatives Tanzi, Hearn, Amore, O`Grady, and Cimini

     Date Introduced: March 12, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 13.6

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LACTATION CONSULTANT PRACTICE ACT OF 2014

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     23-13.6-1. Short title. -- This chapter shall be known and may be cited as the "Lactation

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Consultant Practice Act of 2014."

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     23-13.6-2. Definitions. -- As used in this chapter, the following words and terms shall

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have the following meanings:

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     (1) "Lactation consultant" means a health care professional who specializes in the clinical

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management of breastfeeding.

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     23-13.6-3. Licensing and regulation of lactation consultants. -- The director of health

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is authorized and directed to formulate, promulgate, amend, and repeal procedures, rules, and

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regulations for the following:

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     (1) The licensing of lactation consultants;

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     (2) Standards and specifications for education, knowledge, and experience required for

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licensure as a lactation consultant. In establishing these requirements, the director shall give due

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consideration to criteria established by the International Board of Lactation Consultant Examiners

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(IBLCE), or other national standards established by professional societies with expertise in the

 

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training and certification of lactation consultants;

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     (3) Establishment of a minimum standard of care for providing lactation care and

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services;

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     (4) Establishment of a nonrefundable application fee and license renewal fee. All fees

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collected pursuant to this chapter shall be deposited as general revenues;

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     (5) Any other rule or regulation deemed necessary by the director of health to carry out

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the provisions of this chapter, provided that no rule or regulation shall take effect until it has been

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promulgated in accordance with the provisions of chapter 35 of title 42 (the "Administrative

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Procedures Act").

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     23-13.6-4. Persons and practices exempt. -- (a) Nothing in this chapter shall be

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construed to prevent qualified members of other professions or other occupations or volunteers

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from performing functions consistent with the accepted standards of their respective professions;

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provided, however, that they do not hold themselves out to the public by any title or description

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stating or implying that they are lactation consultants licensed to practice clinical lactation care

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and services.

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     (b) Nothing in this chapter shall be construed to prevent the practice of lactation care and

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services by students, interns, or persons preparing for practice under the qualified supervision of a

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licensee.

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     (c) Lactation care and services provided through the Federal Special Supplemental

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Nutrition Program for Women, Infants and Children (WIC) program shall be considered exempt.

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     23-13.6-5. Enforcement. -- (a) This chapter shall be enforced by the director of health

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and he or she shall be exempt from the requirements of providing surety for costs.

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     (b) Any person who violates the provisions of this chapter, or who violates any of the

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rules and regulations of the department of health made in pursuance of this chapter, shall be fined

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not more than one thousand dollars ($1,000) and the director of health may suspend or revoke the

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license issued to any person when, in the opinion of the director of health, that person is found to

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have engaged in unprofessional conduct.

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     (c) Except as otherwise provided in this chapter, the inspection, enforcement, and

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penalties for violations of the provisions of this chapter, or the rules and regulations of the

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department of health made pursuant to this chapter, shall be in accordance with the provisions and

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procedures set forth in ยงยง 23-1-19 through 23-1-25.

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     (d) The powers and functions vested in the department of health under the provisions of

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this chapter shall not be construed to affect, in any manner, the powers, duties, and functions

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vested in the department of health under any other provisions of the general laws.

 

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     23-13.6-6. Severability. -- If any provision of this chapter or its application to any person

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or circumstance is held invalid, the invalidity shall not affect other provisions or applications of

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this chapter which can be given effect without the invalid provision or application, and to this end

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the provisions of this chapter are severable.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- LACTATION CONSULTANT PRACTICE ACT

OF 2014

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     This act would authorize the director of the department of health to establish rules for the

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licensing of lactation consultants.

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     This act would take effect upon passage.

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