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OLR Bill Analysis
sHB 5318 (as amended by House "A")*
AN ACT REQUIRING THE LICENSURE OF LACTATION
CONSULTANTS.
SUMMARY
Starting in July 2026, this bill creates a Department of Public Health
(DPH) licensure program for lactation consultants. It generally prohibits
unlicensed people from practicing lactation consulting for
compensation, using the “lactation consultant” title, or holding
themselves out to the public as licensed lactation consultants. But it does
not restrict unlicensed people (such as other health care providers)
meeting specified criteria from practicing lactation consulting or
providing related services, if they do not refer to themselves as
“lactation consultants.”
To receive a license, an applicant must have a certification 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.
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.
*House Amendment “A” (1) moves the bill’s effective date from
October 1, 2027, to July 1, 2026; (2) expands and modifies the list of
exemptions from the bill’s licensure requirement; and (3) makes various
minor and technical changes.
EFFECTIVE DATE: July 1, 2026
Lactation Consulting Definition (§ 1) 2024HB-05318-R01-BA.DOCX
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Under the bill, “lactation consulting” is helping families with
lactation and feeding by clinically applying scientific principles and
multidisciplinary evidence for evaluation, problem identification,
treatment, education, and consultation, including the 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;
2. holding himself or herself out to the public as a licensed lactation
consultant;
3. using, in connection with their name or business, the “licensed
lactation consultant” or “lactation consultant” titles or “IBCLC”
or “L.C.” designations; or 2024HB-05318-R01-BA.DOCX
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4. using any title, words, letters, abbreviations, or insignia that may
reasonably be confused with this licensure.
These restrictions do not prevent people without this license from
providing lactation consulting or related services under the following
conditions, as long as they do not refer to themselves by the term
“lactation consultant”:
1. people licensed or certified by DPH as another type of provider,
or by the Department of Consumer Protection (DCP) under the
pharmacy laws, who are providing lactation consulting under
the scope of practice of their license or certification;
2. students in a lactation consulting educational program or an
accredited education program required for DPH licensure or
certification (or DCP under the pharmacy laws), if lactation
consulting is a part of the program and the student provides the
consulting under appropriate program supervision;
3. people providing lactation education and support through the
federal Special Supplemental Food Program for Women, Infants,
and Children (WIC) or other federally funded nutrition
assistance programs, while acting within their job description
and training;
4. certified community health workers providing lactation support
to HUSKY Health program members;
5. people providing education, social or peer support, peer
counseling, or nonclinical services related to lactation and
feeding;
6. doulas or midwives providing services within their scope of
practice and for which they were trained; or
7. public health professionals engaging in outreach, engagement,
education, coaching, informal counseling, social support,
advocacy, care coordination, or research related to social
determinants of health or a basic screening or assessment of any 2024HB-05318-R01-BA.DOCX
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risk associated with those determinants.
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 with IBLCE or any successor to it and (2) completed
the continuing education IBLCE requires for that certification. 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;
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;
7. willfully falsifying entries in a hospital, patient, or other record
pertaining to lactation consulting; or
8. failing to maintain certification in good standing with IBLCE. 2024HB-05318-R01-BA.DOCX
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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)