2014 -- S 2519

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LC004744

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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: Senators Goldin, Satchell, Ottiano, Sosnowski, and Nesselbush

     Date Introduced: February 27, 2014

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 13.6

LACTATION CONSULTANT PRACTICE ACT OF 2014

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

Consultant Practice Act of 2014."

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

have the following meanings:

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

management of breastfeeding.

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

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

regulations for the following:

     (1) The licensing of lactation consultants;

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

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

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

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

training and certification of lactation consultants;

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

services;

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

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

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

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

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

Procedures Act").

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

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

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

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

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

and services.

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

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

licensee.

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

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

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

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

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

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

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

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

have engaged in unprofessional conduct.

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

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

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

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

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

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

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

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

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

the provisions of this chapter are severable.

     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

licensing of lactation consultants.

     This act would take effect upon passage.

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