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OLR Bill Analysis
sHB 5318
AN ACT REQUIRING THE LICENSURE OF LACTATION
CONSULTANTS.
SUMMARY
Starting in October 2027, this bill creates a Department of Public
Health (DPH) licensure program for lactation consultants and generally
prohibits unlicensed people from practicing lactation consulting for
compensation or using the “lactation consultant” title.
To receive a license, an applicant must have a certification or
credential from the International Board of Lactation Consultant
Examiners (IBLCE) or any successor to it. DPH must issue a license to
an applicant who submits satisfactory evidence of this, on a DPH form.
The licensure application fee is $200, and licenses may be renewed every
two years for $100.
Subject to certain conditions, the bill does not restrict unlicensed
people from practicing lactation consulting if they are (1) acting within
their scope of practice or through federally funded nutrition assistance
programs, or (2) community health workers or lactation consultant
students.
In addition, the bill sets forth the grounds for DPH disciplinary action
against licensees and specifies that no new regulatory board is created
for lactation consultants.
EFFECTIVE DATE: October 1, 2027
Lactation Consulting Definition (§ 1)
Under the bill, “lactation consulting” is helping families with
lactation and feeding by clinically applying scientific principles and
multidisciplinary evidence on related evaluation, problem
identification, treatment, education, and consultation, including the 2024HB-05318-R000410-BA.DOCX
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following services:
1. taking maternal, child, and feeding histories;
2. performing clinical assessments related to breastfeeding and
human lactation by systematically collecting subjective and
objective information;
3. analyzing relevant information and data;
4. developing an unbiased lactation management and child feeding
plan with demonstration and instruction to parents;
5. providing lactation and feeding education, including
recommendations and training on the use of assistive devices;
6. communicating to a primary health care practitioner and
referring to other practitioners, as needed;
7. conducting appropriate follow-up appointments and evaluating
outcomes; and
8. documenting patient encounters in a patient record.
Licensure Requirement and Exemptions (§ 2)
The bill generally prohibits anyone without a lactation consultant
license from (1) practicing lactation consulting for compensation or (2)
using the title “lactation consultant,” “L.C.”, or any title, words, letters,
abbreviations, or insignia that may reasonably be confused with this
credential.
These restrictions do not prevent people without this license from
providing lactation consulting under the following conditions, as long
as they do not hold themselves out to the public as lactation consultants:
1. while acting within the scope of practice of their license and
training;
2. while doing so through the federal Special Supplemental Food
Program for Women, Infants, and Children (WIC) or other 2024HB-05318-R000410-BA.DOCX
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federally funded nutrition assistance programs, while acting
within the scope of practice of their profession and training; or
3. when doing so as a certified community health worker.
The bill also does not restrict certain students from providing
lactation consulting. This applies to students in a lactation consulting
educational program or a graduate nursing or medical education
program in lactation consulting, if (1) lactation consulting is an integral
part of the education program and (2) the student acts under the direct
supervision of a licensed lactation consultant, physician, or other health
care provider or educator who provides lactation consulting or related
education within the scope of practice of the provider’s license and
training.
License Renewals (§§ 3 & 6)
Under the bill, a lactation consultant license expires every two years,
and may be renewed during the licensee’s birth month for a $100 fee. To
renew, licensees must provide satisfactory evidence that they have (1) a
current certification or credential with IBLCE or any successor to it and
(2) have completed the continuing education IBLCE requires for that
certification or credential. Renewal applicants must give DPH their full
name, residence and business addresses, and any other information the
department requests.
Enforcement and Disciplinary Action (§ 4)
The bill allows the DPH commissioner to deny a license application
or take disciplinary action against a lactation consultant for the
following:
1. failing to conform to the profession’s accepted standards;
2. a felony conviction, if the disciplinary action is based on (a) the
nature of the conviction and its relationship to the licensee’s
ability to safely or competently practice, (b) information on the
licensee’s degree of rehabilitation, and (c) the time passed since
the conviction or release; 2024HB-05318-R000410-BA.DOCX
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3. fraud or deceit in getting or seeking reinstatement of a license or
in the practice of lactation consulting;
4. negligence, incompetence, or wrongful conduct in professional
activities;
5. an inability to conform to professional standards because of a
physical, mental, or emotional illness;
6. alcohol or substance abuse; or
7. willfully falsifying entries in a hospital, patient, or other record
pertaining to lactation consulting.
By law, disciplinary actions available to DPH include, among other
things, (1) revoking or suspending a license, (2) censuring the violator,
(3) issuing a letter of reprimand, (4) placing the violator on probationary
status, or (5) imposing a civil penalty of up to $25,000 (CGS § 19a-17).
Under the bill, the commissioner may order a licensee to undergo a
reasonable physical or mental examination if his or her capacity to
practice safely is under investigation. The bill allows the commissioner
to petition Hartford Superior Court to enforce the examination order or
any DPH disciplinary action. The commissioner must give the person
notice and an opportunity to be heard before taking disciplinary action.
COMMITTEE ACTION
Public Health Committee
Joint Favorable Substitute
Yea 24 Nay 11 (03/22/2024)