Researcher: JO Page 1 3/27/25 OLR Bill Analysis SB 1373 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. To receive a license, an applicant must have a certification in good standing from the International Board of Lactation Consultant Examiners (IBLCE) or any successor to it. The bill 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 meeting specified criteria from practicing lactation consulting or providing related services, if they do not refer to themselves as “lactation consultants.” In addition, the bill authorizes DPH to take disciplinary action against licensees and sets forth the grounds for these actions. Lastly, it specifies that no new regulatory board is created for lactation consultants (§ 5). EFFECTIVE DATE: July 1, 2026 LACTATION CONSULTANT LICENSURE Lactation Consulting Definition (§ 1) 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: 2025SB-01373-R000290-BA.DOCX Researcher: JO Page 2 3/27/25 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 using 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. keeping records of patient encounters. 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 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 2025SB-01373-R000290-BA.DOCX Researcher: JO Page 3 3/27/25 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 training and scope of practice; 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 risk associated with those determinants. Licensing and License Renewals (§§ 3 & 6) The bill requires DPH to issue a lactation consultant license to an 2025SB-01373-R000290-BA.DOCX Researcher: JO Page 4 3/27/25 applicant who submits satisfactory evidence, on a DPH form, of being certified by IBLCE or any successor to it. The licensure application fee is $200. The 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. Enforcement and Disciplinary Action (§ 4) The bill allows the DPH commissioner to deny a license application or take disciplinary action against a lactation consultant licensee for the following reasons: 1. failing to conform to the profession’s accepted standards; 2. a felony conviction, if the disciplinary action is based on the (a) nature of the conviction and its relationship to the licensee’s ability to safely or competently practice, (b) licensee’s degree of rehabilitation, and (c) 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. By law, disciplinary actions available to DPH include, among other 2025SB-01373-R000290-BA.DOCX Researcher: JO Page 5 3/27/25 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 $10,000 (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 Yea 22 Nay 10 (03/12/2025)