2024 -- S 2379

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LC004488

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO HEALTH AND SAFETY -- LACTATION CONSULTANT PRACTICE ACT

OF 2014

     Introduced By: Senators Mack, Euer, DiMario, Lauria, Acosta, Valverde, Quezada,
Ujifusa, Murray, and Sosnowski

     Date Introduced: February 12, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-13.6-2 of the General Laws in Chapter 23-13.6 entitled "Lactation

Consultant Practice Act of 2014" is hereby amended to read as follows:

     23-13.6-2. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings:

     (1) "Department" means the Rhode Island department of health.

     (2) "Director" means the director of the Rhode Island department of health or their

designee.

     (3) "International board-certified lactation consultant (IBCLC)" means an individual who

holds current certification from the International Board of Lactation Consultant Examiners

(IBLCE) after demonstrating the appropriate education, knowledge and sitting for and passing the

exam.

     (4) "Lactation care and services" means the certified trained application of scientific

principles and a multidisciplinary body of evidence for the evaluation, problem identification,

treatment, education, and consultation to provide lactation care and services to childbearing

families.

     (1)(5) “Lactation consultant” means a healthcare professional who specializes in the

clinical management of breastfeeding health care professional who specializes in lactation

education and management of breastfeeding and includes, but is not limited to, individuals certified

as an IBCLC or a certified lactation counselor (CLC).

     (6) "Lactation counselor" means an individual who holds current certification from the

Academy of Lactation Policy and Practice as a CLC or an advanced lactation consultant (ALC)

after demonstrating appropriate education and competency and passing a criterion-referenced

examination.

     (7) "Practice" means rendering or offering to render any lactation care and services to any

individual, family, or group of individuals.

     (8) "Supervision" means that a licensed lactation consultant is at all times responsible for

supportive personnel and clients.

     SECTION 2. Chapter 23-13.6 of the General Laws entitled "Lactation Consultant Practice

Act of 2014" is hereby amended by adding thereto the following sections:

     23-13.6-7. General licensure requirements.

     (a) No person, except as provided in § 23-13.6-4, shall practice as a licensed lactation

consultant or represent themselves as being able to practice as a licensed lactation consultant in this

state unless the person is licensed in accordance with the provisions of this chapter.

     (b) A licensed lactation consultant shall exercise sound judgment and shall provide care

within the scope of practice or guidelines in the performance of the consultant’s duties. A licensed

lactation consultant is permitted to supervise the following:

     (1) Licensed lactation consultants;

     (2) Students, interns, or persons preparing for practice as a lactation consultant;

     (3) Care extenders and other team members as appropriate; and

     (4) Volunteers.

     (c) A licensed lactation consultant shall not delegate any of their duties or responsibilities

to individuals under their supervision, who are not a licensed lactation consultant.

     23-13.6-8. Qualifications for licensure.

     An applicant for licensure as a lactation consultant shall:

     (1) Be at least eighteen (18) years of age;

     (2) Successfully complete an academic and practical program in lactation that is accredited

by the International Board of Lactation Consultant Examiners or the Academy for Lactation Policy

and Practice;

     (3) Pass the examination for board certification as an IBCLC offered by the International

Board of Lactation Consultant Examiners, or any successor organization; and/or pass the

examination offered by the Academy of Lactation Policy and Practice of Certified Lactation

Counselor and/or Advanced Lactation Consultant; and

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     (4) Currently be board certified as an IBCLC or certified as a certified lactation counselor

or advanced lactation consultant.

     23-13.6-9. Licensure application by documentation.

     In order to apply for a license, 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 of health, which fee shall be non-

refundable and non-returnable; and

     (3) Verification of current board certification as an IBCLC, a CLC or an ALC submitted

directly to the department by the certification board, by either the International Board of Lactation

Consultant Examiners or the Academy of Lactation Policy and Practice.

     23-13.6-10. 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 board certification as an IBCLC, a CLC or an ALC submitted

directly to the department by the certification board, by either the International Board of Lactation

Consultant Examiners or 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 licensed and, if applicable, where previously licensed as a lactation consultant.

     23-13.6-11. Issuance.

     A license as a lactation consultant shall be issued to an applicant who meets the relevant

requirements for licensure as required by this chapter.

     23-13.6-12. 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 consultant’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.

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     (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 allowed

to practice as a lactation consultant or represent themselves as being able to practice 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 of health. 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 of health. The

fees shall be non-refundable and non-returnable; and

     (2) Verification of current board certification as an IBCLC, a CLC or an ALC shall be

submitted directly to the department by the certification board by either the International Board of

Lactation Consultant Examiners or the Academy of Lactation Policy and Practice.

     23-13.6-13. Scope.

     (a) A licensed lactation consultant may practice independent management of lactation care

and services using the clinical application of scientific principles and a multidisciplinary body of

evidence for the evaluation, problem identification, treatment, education and consultation to

provide lactation care and services to childbearing families. Furthermore, a licensed lactation

consultant shall comply with the Academy of Lactation Policy and Practice, CLC®, Certified

Lactation Counselor, in accordance with "Scope of Practice for Certified Lactation Counselors",

ALC, Advanced Lactation Consultant, Scope of Practice for Advance Lactation Consultant, and/or

the Scope of Practice for International Board Certified Lactation Consultant Certificants in

accordance with "Scope of Practice for International Board Certified Lactation Consultant (IBCLC)

Certificants."

     (b) A licensed lactation consultant shall limit the consultant’s practice to demonstrated

areas of competence as documented by relevant professional education, training, and experience.

     (c) A licensed lactation consultant shall conduct the consultant’s professional activities in

accordance with the "Scope of Practice for Certified Lactation Counselors," "Scope of Practice for

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Advanced Lactation Consultants" and/or the Code of Professional Conduct for IBCLCs".

     23-13.6-14. Maintenance of certification.

     (a) A licensee shall attest on the renewal application that their status as an IBCLC, as

required in this chapter, is active and not subject to any restriction, limitation or other sanction.

     (b) A licensee shall notify the department, in writing, within five (5) business days of

receiving notification from the International Board of Lactation Consultant Examiners that their

status as an IBCLC or the 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.

     (c) A licensee shall notify the department, in writing, within five (5) business days of failure

to renew or other lapse of their status as an IBCLC and/or as a CLC or an ALC.

     23-13.6-15. 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), in accordance with § 23-13.6-5.

     (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.

     23-13.6-16. Rules governing practices and procedures.

     All hearings and reviews required pursuant to provisions of this chapter shall be held in

accordance with the provisions of this chapter and chapter 35 of title 42 ("administrative

procedures").

     SECTION 3. 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

***

     This act would specify the requirements and procedures for licensing lactation consultants

as well as the renewal, expiration, termination, refusal, revocation and suspension of licenses.

     This act would take effect upon passage.

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