Connecticut 2024 Regular Session

Connecticut House Bill HB05318 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	LCO 1 of 7
	3	+	LCO No. 1969 1 of 4
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 5318
	5	+	General Assembly Raised Bill No. 5318
6	6		February Session, 2024
	7	+	LCO No. 1969
7	8
	9	+
	10	+	Referred to Committee on PUBLIC HEALTH
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PH)
8	15
9	16
10	17
11	18
12	19		AN ACT REQUIRING THE LICENSURE OF LACTATION
13	20		CONSULTANTS.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17		-	Section 1. (NEW) (Effective October 1, ~~2027~~) As used in this section and 1
	24	+	Section 1. (NEW) (Effective October 1, 2024) As used in this section and 1
18	25		sections 2 to 4, inclusive, of this act: 2
19	26		(1) "Lactation consultant" means a person who holds and maintains 3
20	27		certification in good standing as an international board certified 4
21	28		lactation consultant with the International Board of Lactation 5
22	29		Consultant Examiners; and 6
23	30		(2) "Lactation consulting" means clinical application of scientific 7
24	31		principles and a multidisciplinary body of evidence for evaluation, 8
25	32		problem identification, treatment, education and consultation to 9
26	33		families regarding the course of lactation and feeding, including, but not 10
27	34		limited to, the following services: 11
28	35		(A) Taking maternal, child and feeding histories; 12
29		-	(B) Performing clinical assessments related to breastfeeding and 13
	36	+	(B) Performing clinical assessments related to breastfeeding and 13 Raised Bill No. 5318
	37	+
	38	+
	39	+
	40	+	LCO No. 1969 2 of 4
	41	+
30	42		human lactation through the systematic collection of subjective and 14
31	43		objective information; 15
32		-	(C) Analyzing relevant information and data; 16 Substitute Bill No. 5318
33		-
34		-
35		-	LCO 2 of 7
36		-
	44	+	(C) Analyzing relevant information and data; 16
37	45		(D) Developing an unbiased lactation management and child feeding 17
38	46		plan with demonstration and instruction to parents; 18
39	47		(E) Providing lactation and feeding education, including, but not 19
40	48		limited to, recommendations for and training in the use of assistive 20
41	49		devices for lactation and breastfeeding; 21
42	50		(F) Communicating to a primary health care practitioner and 22
43	51		referring to other health care practitioners, as necessary; 23
44	52		(G) Conducting appropriate follow-up appointments and evaluating 24
45	53		outcomes; and 25
46	54		(H) Documenting patient encounters in a patient record. 26
47		-	Sec. 2. (NEW) (Effective October 1, ~~2027~~) (a) No person may practice 27
48		-	lactation consulting~~, for compensation,~~ unless licensed pursuant to 28
49		-	~~section 3~~ of this act. 29
	55	+	Sec. 2. (NEW) (Effective October 1, 2024) (a) No person may practice 27
	56	+	lactation consulting unless licensed or permitted pursuant to section 3 28
	57	+	of this act. 29
50	58		(b) No person may use the title "lactation consultant" or the 30
51	59		designation "L.C.", or make use of any title, words, letters, abbreviations 31
52	60		or insignia that may reasonably be confused with licensure as a lactation 32
53	61		consultant unless such person is licensed pursuant to section 3 of this 33
54	62		act. 34
55	63		(c) The provisions of this section shall not apply to a person who (1) 35
56	64		provides lactation consulting while acting within the scope of practice 36
57		-	of the person's license and training, provided the person does not hold 37
58		-	himself or herself out to the public as a lactation consultant, (2) is a 38
59		-	student enrolled in a lactation consulting educational program or a 39
60		-	graduate nursing or medical education program in lactation consulting 40
61		-	and lactation consulting is an integral part of the student's course of 41
62		-	study and such student is performing such consulting under the direct 42
63		-	supervision of a licensed lactation consultant, physician or other health 43
64		-	care provider or educator who provides lactation consulting or 44
65		-	education in lactation counseling within the scope of practice of the 45
66		-	provider's license and training, (3) provides lactation consulting 46 Substitute Bill No. 5318
	65	+	of the person's (A) license, permit or certification, and (B) training, 37
	66	+	provided the person does not hold himself or herself out to the public 38
	67	+	as a lactation consultant, or (2) is a student enrolled in a lactation 39
	68	+	consulting educational program or a graduate nursing or medical 40
	69	+	education program in lactation consulting and lactation consulting is an 41
	70	+	integral part of the student's course of study and such student is 42 Raised Bill No. 5318
67	71
68	72
69		-	LCO 3 of 7
70	73
71		-	through the federal Special Supplemental Food Program for Women, 47
72		-	Infants and Children, administered pursuant to section 19a-59c of the 48
73		-	general statutes, or any other federally funded nutrition assistance 49
74		-	program administered in the state, to participants in such program 50
75		-	while acting within the scope of the person's profession and training, 51
76		-	provided the person does not hold himself or herself out to the public 52
77		-	as a lactation consultant, or (4) provides lactation consulting as a 53
78		-	certified community health worker, as defined in section 20-195ttt of the 54
79		-	general statutes, provided the person does not hold himself or herself 55
80		-	out to the public as a lactation consultant. 56
81		-	Sec. 3. (NEW) (Effective October 1, 2027) (a) The Commissioner of 57
82		-	Public Health shall grant a license as a lactation consultant to any 58
83		-	applicant who furnishes evidence satisfactory to the commissioner that 59
84		-	such applicant has earned a certification or credential from the 60
85		-	International Board of Lactation Consultant Examiners, or any successor 61
86		-	of said board. The commissioner shall develop and provide application 62
87		-	forms. The application fee shall be two hundred dollars. 63
88		-	(b) Any license issued under this section shall expire in accordance 64
89		-	with the provisions of section 19a-88 of the general statutes, as amended 65
90		-	by this act, and may be renewed every two years, for a fee of one 66
91		-	hundred dollars. Each licensed lactation consultant applying for license 67
92		-	renewal shall furnish evidence satisfactory to the commissioner of 68
93		-	having a current certification or credential with the International Board 69
94		-	of Lactation Consultant Examiners, or any successor of said board, and 70
95		-	having obtained continuing education units for such certification or 71
96		-	credential as required by said board. 72
97		-	Sec. 4. (NEW) (Effective October 1, 2027) The Commissioner of Public 73
98		-	Health may deny an application of an individual or take any 74
99		-	disciplinary action set forth in section 19a-17 of the general statutes 75
100		-	against a lactation consultant for any of the following reasons: (1) 76
101		-	Failure to conform to the accepted standards of the profession; (2) 77
102		-	conviction of a felony, provided any action taken is based upon (A) the 78
103		-	nature of the conviction and its relationship to the license holder's ability 79 Substitute Bill No. 5318
	74	+	LCO No. 1969 3 of 4
	75	+
	76	+	performing such consulting under the direct supervision of a licensed 43
	77	+	lactation consultant, physician or other health care provider who 44
	78	+	provides lactation consulting within such provider's scope of practice. 45
	79	+	Sec. 3. (NEW) (Effective October 1, 2024) (a) On and after October 1, 46
	80	+	2027, the Commissioner of Public Health shall grant a license as a 47
	81	+	lactation consultant to any applicant who, except as provided in 48
	82	+	subsection (b) of this section, furnishes evidence satisfactory to the 49
	83	+	commissioner that such applicant has earned a certification or credential 50
	84	+	from the International Board of Lactation Consultant Examiners, or any 51
	85	+	successor of said board. The commissioner shall develop and provide 52
	86	+	application forms. The application fee shall be three hundred fifteen 53
	87	+	dollars. 54
	88	+	(b) An applicant for licensure by endorsement shall present evidence 55
	89	+	satisfactory to the commissioner that the applicant is licensed or 56
	90	+	certified as a lactation consultant, or as a person entitled to perform 57
	91	+	similar services under a different designation, in another state or 58
	92	+	jurisdiction that has requirements for practicing in such capacity that are 59
	93	+	substantially similar to, or higher than, those of this state and that there 60
	94	+	are no disciplinary actions or unresolved complaints pending in this 61
	95	+	state or any other state. 62
	96	+	(c) Licenses issued under this section shall be renewed annually 63
	97	+	pursuant to section 19a-88 of the general statutes. The fee for such 64
	98	+	renewal shall be one hundred ninety dollars. Each licensed lactation 65
	99	+	consultant applying for license renewal shall furnish evidence 66
	100	+	satisfactory to the commissioner of having a current certification or 67
	101	+	credential with the International Board of Lactation Consultant 68
	102	+	Examiners, or any successor of said board, and having obtained 69
	103	+	continuing education units for such certification or credential as 70
	104	+	required by said board. 71
	105	+	Sec. 4. (NEW) (Effective October 1, 2024) The Commissioner of Public 72
	106	+	Health may deny an application of an individual or take any 73
	107	+	disciplinary action set forth in section 19a-17 of the general statutes 74 Raised Bill No. 5318
104	108
105	109
106		-	LCO 4 of 7
107	110
108		-	to safely or competently practice as a lactation consultant, (B) 80
109		-	information pertaining to the degree of rehabilitation of the license 81
110		-	holder, and (C) the time elapsed since the conviction or release; (3) fraud 82
111		-	or deceit in obtaining or seeking reinstatement of a license to practice 83
112		-	lactation consulting; (4) fraud or deceit in the practice of lactation 84
113		-	consulting; (5) negligent, incompetent or wrongful conduct in 85
114		-	professional activities; (6) physical, mental or emotional illness or 86
115		-	disorder resulting in an inability to conform to the accepted standards 87
116		-	of the profession; (7) alcohol or substance abuse; or (8) wilful 88
117		-	falsification of entries in any hospital, patient or other record pertaining 89
118		-	to lactation consulting. The commissioner may order a license holder to 90
119		-	submit to a reasonable physical or mental examination if his or her 91
120		-	physical or mental capacity to practice safely is the subject of an 92
121		-	investigation. The commissioner may petition the superior court for the 93
122		-	judicial district of Hartford to enforce such order or any action taken 94
123		-	pursuant to section 19a-17 of the general statutes. The commissioner 95
124		-	shall give notice and an opportunity to be heard on any contemplated 96
125		-	action under section 19a-17 of the general statutes. 97
126		-	Sec. 5. Subsection (c) of section 19a-14 of the general statutes is 98
127		-	repealed and the following is substituted in lieu thereof (Effective October 99
128		-	1, 2027): 100
129		-	(c) No board shall exist for the following professions that are licensed 101
130		-	or otherwise regulated by the Department of Public Health: 102
131		-	(1) Speech and language pathologist and audiologist; 103
132		-	(2) Hearing instrument specialist; 104
133		-	(3) Nursing home administrator; 105
134		-	(4) Sanitarian; 106
135		-	(5) Subsurface sewage system installer or cleaner; 107
136		-	(6) Marital and family therapist and marriage and family therapist 108
137		-	associate; 109 Substitute Bill No. 5318
	111	+	LCO No. 1969 4 of 4
138	112
139		-
140		-	LCO 5 of 7
141		-
142		-	(7) Nurse-midwife; 110
143		-	(8) Licensed clinical social worker; 111
144		-	(9) Respiratory care practitioner; 112
145		-	(10) Asbestos contractor, asbestos consultant and asbestos training 113
146		-	provider; 114
147		-	(11) Massage therapist; 115
148		-	(12) Registered nurse's aide; 116
149		-	(13) Radiographer; 117
150		-	(14) Dental hygienist; 118
151		-	(15) Dietitian-Nutritionist; 119
152		-	(16) Asbestos abatement worker; 120
153		-	(17) Asbestos abatement site supervisor; 121
154		-	(18) Licensed or certified alcohol and drug counselor; 122
155		-	(19) Professional counselor and professional counselor associate; 123
156		-	(20) Acupuncturist; 124
157		-	(21) Occupational therapist and occupational therapist assistant; 125
158		-	(22) Lead abatement contractor, lead consultant contractor, lead 126
159		-	consultant, lead abatement supervisor, lead abatement worker, lead 127
160		-	training provider, lead inspector, lead inspector risk assessor and lead 128
161		-	planner-project designer; 129
162		-	(23) Emergency medical technician, advanced emergency medical 130
163		-	technician, emergency medical responder and emergency medical 131
164		-	services instructor; 132
165		-	(24) Paramedic; 133 Substitute Bill No. 5318
166		-
167		-
168		-	LCO 6 of 7
169		-
170		-	(25) Athletic trainer; 134
171		-	(26) Perfusionist; 135
172		-	(27) Master social worker subject to the provisions of section 20-195v; 136
173		-	(28) Radiologist assistant, subject to the provisions of section 20-74tt; 137
174		-	(29) Homeopathic physician; 138
175		-	(30) Certified water treatment plant operator, certified distribution 139
176		-	system operator, certified small water system operator, certified 140
177		-	backflow prevention device tester and certified cross connection survey 141
178		-	inspector, including certified limited operators, certified conditional 142
179		-	operators and certified operators in training; 143
180		-	(31) Tattoo technician; 144
181		-	(32) Genetic counselor; 145
182		-	(33) Behavior analyst; 146
183		-	(34) Art therapist; 147
184		-	(35) Esthetician; 148
185		-	(36) Eyelash technician; [and] 149
186		-	(37) Nail technician; and 150
187		-	(38) Lactation consultant. 151
188		-	The department shall assume all powers and duties normally vested 152
189		-	with a board in administering regulatory jurisdiction over such 153
190		-	professions. The uniform provisions of sections 1 to 4, inclusive, of this 154
191		-	act, this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, 155
192		-	inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited 156
193		-	to, standards for entry and renewal; grounds for professional discipline; 157
194		-	receiving and processing complaints; and disciplinary sanctions, shall 158
195		-	apply, except as otherwise provided by law, to the professions listed in 159 Substitute Bill No. 5318
196		-
197		-
198		-	LCO 7 of 7
199		-
200		-	this subsection. 160
201		-	Sec. 6. Subdivision (2) of subsection (e) of section 19a-88 of the general 161
202		-	statutes is repealed and the following is substituted in lieu thereof 162
203		-	(Effective October 1, 2027): 163
204		-	(2) Each person holding a license or certificate issued under section 164
205		-	19a-514, sections 1 to 4, inclusive, of this act, and chapters 384a, 384c, 165
206		-	384d, 386, 387, 388 and 398 shall apply for renewal of such license or 166
207		-	certificate once every two years, during the month of such person's 167
208		-	birth, giving such person's name in full, such person's residence and 168
209		-	business address and such other information as the department 169
210		-	requests. 170
	113	+	against a lactation consultant for any of the following reasons: (1) 75
	114	+	Failure to conform to the accepted standards of the profession; (2) 76
	115	+	conviction of a felony, provided any action taken is based upon (A) the 77
	116	+	nature of the conviction and its relationship to the license holder's ability 78
	117	+	to safely or competently practice as a lactation consultant, (B) 79
	118	+	information pertaining to the degree of rehabilitation of the license 80
	119	+	holder, and (C) the time elapsed since the conviction or release; (3) fraud 81
	120	+	or deceit in obtaining or seeking reinstatement of a license to practice 82
	121	+	lactation consulting; (4) fraud or deceit in the practice of lactation 83
	122	+	consulting; (5) negligent, incompetent or wrongful conduct in 84
	123	+	professional activities; (6) physical, mental or emotional illness or 85
	124	+	disorder resulting in an inability to conform to the accepted standards 86
	125	+	of the profession; (7) alcohol or substance abuse; or (8) wilful 87
	126	+	falsification of entries in any hospital, patient or other record pertaining 88
	127	+	to lactation consulting. The commissioner may order a license holder to 89
	128	+	submit to a reasonable physical or mental examination if his or her 90
	129	+	physical or mental capacity to practice safely is the subject of an 91
	130	+	investigation. The commissioner may petition the superior court for the 92
	131	+	judicial district of Hartford to enforce such order or any action taken 93
	132	+	pursuant to section 19a-17 of the general statutes. The commissioner 94
	133	+	shall give notice and an opportunity to be heard on any contemplated 95
	134	+	action under section 19a-17 of the general statutes. 96
211	135		This act shall take effect as follows and shall amend the following
212	136		sections:
213	137
214		-	Section 1 October 1, 2027 New section
215		-	Sec. 2 October 1, 2027 New section
216		-	Sec. 3 October 1, 2027 New section
217		-	Sec. 4 October 1, 2027 New section
218		-	Sec. 5 October 1, 2027 19a-14(c)
219		-	Sec. 6 October 1, 2027 19a-88(e)(2)
	138	+	Section 1 October 1, 2024 New section
	139	+	Sec. 2 October 1, 2024 New section
	140	+	Sec. 3 October 1, 2024 New section
	141	+	Sec. 4 October 1, 2024 New section
220	142
221		-	PH Joint Favorable Subst.
	143	+	Statement of Purpose:
	144	+	To require licensure of lactation consultants.
	145	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	146	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	147	+	underlined.]
222	148