| Chapter 279 |
| 2024 -- S 2379 SUBSTITUTE A Enacted 06/25/2024 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- LACTATION COUNSELORS PRACTICE ACT OF 2024 |
Introduced By: Senators Mack, Euer, DiMario, Lauria, Acosta, Valverde, Quezada, Ujifusa, Murray, and Sosnowski |
| Date Introduced: February 12, 2024 |
| 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 13.8 |
| LACTATION COUNSELORS PRACTICE ACT OF 2024 |
| 23-13.8-1. Short title. |
| This chapter shall be known and may be cited as the "Lactation Counselors Practice Act of |
| 2024." |
| 23-13.8-2. Definitions. |
| As used in this chapter, the following words and terms shall have the following meanings: |
| (1) "Care extender" means an individual with lived experience who provides family |
| navigation, care coordination, and peer support services to individuals. |
| (2) "Department" means the Rhode Island department of health. |
| (3) "Director" means the director of the Rhode Island department of health, or designee. |
| (4) "Lactation counselor" means an individual who holds current certification from the |
| Academy of Lactation Policy and Practice as a certified lactation counselor (CLC) or an advanced |
| lactation consultant (ALC) after demonstrating appropriate education and competency and passing |
| a criterion-referenced examination. |
| (5) "Practice" means rendering or offering to render any lactation counseling services based |
| on the scope of work practice as a licensed lactation counselor, as defined in regulations, which |
| includes lactation counseling services provided to any individual, family, or group of individuals. |
| 23-13.8-3. Licensure requirements. |
| (a) No individual shall practice unless the individual is licensed in accordance with the |
| provisions of this chapter. |
| (b) A licensed lactation counselor shall provide lactation counseling services within the |
| scope of practice in the performance of the counselor’s duties. |
| (c) A licensed lactation counselor is authorized to supervise the following individuals: |
| (1) Licensed lactation counselor; |
| (2) Students, interns, or individuals preparing for practice as a lactation counselor; |
| (3) Care extenders and other team members as appropriate; and |
| (4) Volunteers. |
| (d) A licensed lactation counselor shall not delegate any of their duties or responsibilities |
| to any individual under their supervision who is not a licensed lactation counselor. |
| 23-13.8-4. Qualifications for licensure. |
| An applicant for licensure as a lactation counselor shall: |
| (1) Be at least eighteen (18) years of age; |
| (2) Successfully complete an academic and practice program in lactation counseling; |
| (3) Pass the examination offered by the Academy of Lactation Policy and Practice of CLC |
| and or and/or ALC; and |
| (4) Currently be certified as a CLC or ALC or comparable training determined by the |
| director. |
| 23-13.8-5. Licensure application. |
| In order to apply for licensure as a lactation counselor, an applicant shall submit the |
| following on forms provided by the department: |
| (1) A completed application including, but not limited to,: name, address, date of birth, |
| social security number, telephone number, and email address; and |
| (2) An application fee determined by the department, which fee shall be non-refundable |
| and non-returnable; and |
| (3) Verification of current certification as a CLC or an ALC submitted to the department |
| by the Academy of Lactation Policy and Practice. |
| 23-13.8-6. Licensure by endorsement. |
| In order to apply for a license by endorsement, an applicant shall submit the following on |
| forms provided by the department: |
| (1) A completed application including, but not limited to,: name, address, date of birth, |
| social security number, telephone number, and email address; |
| (2) An application fee determined by the department, which shall be non-refundable and |
| non-returnable; |
| (3) Verification of current certification as a CLC or an ALC submitted directly to the |
| department by the Academy of Lactation Policy and Practice; and |
| (4) Verification that the applicant is in good standing from all states where the applicant is |
| currently certified and/or licensed as a lactation counselor submitted directly to the department by |
| the certifying and/or licensing authority. |
| 23-13.8-7. Issuance. |
| A license as a lactation counselor shall be issued to an applicant who meets the relevant |
| requirements for licensure as required by this chapter. |
| 23-13.8-8. Expiration and renewal of licenses. |
| (a) The license of every person licensed in accordance with this chapter shall expire on |
| January 31 of the next odd-numbered year following the issuance of the lactation counselor’s |
| license. |
| (b) In order to renew a license, the licensee shall file a renewal application with the |
| department, together with a renewal fee, on or before January 31 in each odd-numbered year. The |
| license renewal shall be effective on the first day of February. |
| (c) If a licensee fails to renew their license on or before January 31 in each odd-numbered |
| year, as required by this chapter, the license shall expire. No one whose license is expired is |
| authorized to practice as a licensed lactation counselor or represent themselves as being able to |
| practice as a licensed lactation counselor in Rhode Island until they have renewed the expired |
| license in accordance with this chapter or have a terminated license reinstated in accordance with |
| this chapter. |
| (d) A licensee may renew an expired license within one year of the expiration date. In order |
| to renew an expired license, the licensee shall submit the following: |
| (1) A renewal application, together with the current renewal fee plus an additional fee as |
| provided in applicable rules and regulations promulgated by the department. The fees shall be non- |
| refundable and non-returnable. |
| (e) If a licensee fails to renew an expired license within one year of the date of its expiration, |
| the license will be terminated. In order to reinstate a terminated license, the licensee shall submit |
| the following: |
| (1) A reinstatement application together with the current renewal fee, plus an additional |
| fee as provided in applicable rules and regulations promulgated by the department. The fees shall |
| be non-refundable and non-returnable; and |
| (b2) Verification of current certification as a CLC or an ALC shall be submitted directly to |
| the department by the Academy of Lactation Policy and Practice. |
| 23-13.8-9. Scope of practice. |
| (a) A licensed lactation counselor must provide lactation counseling services within the |
| scope of practice which will include, but not be limited to, referral, as appropriate, to a healthcare |
| professional both as defined by the director through the promulgation of regulations. Furthermore, |
| a licensed lactation counselor shall comply with the academy of lactation policy and practice |
| Academy of Lactation Policy and Practice; CLC, in accordance with "Scope of Practice for |
| CLCs"; ALC, in accordance with "Scope of Practice for ALCs"; and/or a licensed lactation |
| counselor shall limit the counselor’s practice to demonstrated areas of competence as documented |
| by relevant professional education, training, and experience. |
| (b) A licensed lactation counselor shall conduct the counselor’s professional activities in |
| accordance with the "Scope of Practice for CLCs," and/or "Scope of Practice for ALCs". |
| 23-13.8-10. Maintenance of certification. |
| (a) A licensee shall notify the department, in writing, within five (5) business days of |
| receiving notification from the academy of lactation policy and practice Academy of Lactation |
| Policy and Practice that their status as a CLC or an ALC, as required in this chapter, has been |
| revoked and/or subject to any restriction, limitation, or other sanction. |
| (b) A licensee shall notify the department, in writing, within five (5) business days of |
| failure to renew or other lapse of their status as a CLC or an ALC. |
| 23-13.8-11. 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 licensed |
| lactation counselors. |
| (b) Nothing in this chapter shall be construed to prevent the practice of lactation counseling |
| services by students, interns, or persons preparing for practice under the qualified supervision of a |
| licensee. |
| (c) Lactation counseling services provided through the Federal federal Special |
| Supplemental Nutrition Program for Women, Infants, and Children (WIC) program shall be |
| considered exempt from the requirements of this chapter. |
| (d) Lactation counseling services provided through the state’s family home visiting |
| programs shall be considered exempt from the requirements of this chapter. |
| 23-13.8-12. Promulgation of regulations. |
| The director shall adopt, amend, promulgate, and enforce rules and regulations and |
| standards deemed necessary, not inconsistent with law, to carry out the purposes of this chapter. |
| 23-13.8-13. Grounds for refusal, revocation, or suspension. |
| (a) Upon due notice and hearing in accordance with chapter 35 of title 42 ("administrative |
| procedures"), and the provisions of this chapter, any violation pursuant to the provisions of this |
| chapter, may be cause for denial, revocation, or suspension of license or for imposing a fine of not |
| more than one thousand dollars ($1,000). |
| (b) Except as otherwise provided in this chapter, the inspection, enforcement, and penalties |
| for violations of this chapter or the rules and regulations of the department shall be in accordance |
| with the provisions and procedures set forth in §§ 23-1-19 through 23-1-25. |
| 23-13.8-14. Rules governing practices and procedures. |
| All hearings and reviews required pursuant to the provisions of this chapter shall be held |
| in accordance with the provisions of this chapter and chapter 35 of title 42 ("administrative |
| procedures"). |
| SECTION 2. This act shall take effect upon passage. |
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| LC004488/SUB A |
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