Chapter 420

2014 – H 7914

Enacted 07/03/14

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

 

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.

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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LC005103
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