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18 | 19 | | AN ACT REQUIRING THE LICENSURE OF LACTATION |
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19 | 20 | | CONSULTANTS. |
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20 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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21 | 22 | | Assembly convened: |
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22 | 23 | | |
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23 | 24 | | Section 1. (NEW) (Effective July 1, 2026) As used in this section and 1 |
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24 | 25 | | sections 2 to 4, inclusive, of this act: 2 |
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25 | 26 | | (1) "Lactation consultant" means a person who holds and maintains 3 |
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26 | 27 | | certification in good standing as an international board certified 4 |
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27 | 28 | | lactation consultant with the International Board of Lactation 5 |
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28 | 29 | | Consultant Examiners and is licensed pursuant to section 3 of this act; 6 |
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29 | 30 | | and 7 |
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30 | 31 | | (2) "Lactation consulting" means clinical application of scientific 8 |
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31 | 32 | | principles and a multidisciplinary body of evidence for evaluation, 9 |
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32 | 33 | | problem identification, treatment, education and consultation to 10 |
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33 | 34 | | families regarding the course of lactation and feeding, including, but not 11 |
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34 | 35 | | limited to, the following services: 12 |
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39 | 42 | | |
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40 | 43 | | (B) Performing clinical assessments related to breastfeeding and 14 |
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41 | 44 | | human lactation through the systematic collection of subjective and 15 |
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42 | 45 | | objective information; 16 |
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43 | 46 | | (C) Analyzing relevant information and data; 17 |
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44 | 47 | | (D) Developing an unbiased lactation management and child feeding 18 |
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45 | 48 | | plan with demonstration and instruction to parents; 19 |
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46 | 49 | | (E) Providing lactation and feeding education, including, but not 20 |
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47 | 50 | | limited to, recommendations for and training in the use of assistive 21 |
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48 | 51 | | devices for lactation and breastfeeding; 22 |
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49 | 52 | | (F) Communicating to a primary health care practitioner and 23 |
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50 | 53 | | referring to other health care practitioners, as necessary; 24 |
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51 | 54 | | (G) Conducting appropriate follow-up appointments and evaluating 25 |
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52 | 55 | | outcomes; and 26 |
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53 | 56 | | (H) Documenting patient encounters in a patient record. 27 |
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54 | 57 | | Sec. 2. (NEW) (Effective July 1, 2026) (a) No person may practice 28 |
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55 | 58 | | lactation consulting, for compensation, unless licensed pursuant to 29 |
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56 | 59 | | section 3 of this act. 30 |
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57 | 60 | | (b) No person shall (1) hold himself or herself out to the public as 31 |
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58 | 61 | | being licensed as a lactation consultant, (2) use, in connection with such 32 |
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59 | 62 | | person's name or business, the title "licensed lactation consultant" or 33 |
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60 | 63 | | "lactation consultant" or the designation "IBCLC" or "L.C.", or (3) make 34 |
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61 | 64 | | use of any title, words, letters, abbreviations or insignia that may 35 |
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62 | 65 | | reasonably be confused with licensure as a lactation consultant, unless 36 |
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63 | 66 | | such person is licensed pursuant to section 3 of this act. 37 |
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64 | 67 | | (c) The provisions of this section shall not apply to a person who (1) 38 |
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65 | 68 | | is licensed or certified by the Department of Public Health pursuant to 39 |
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66 | 69 | | title 20 of the general statutes or by the Department of Consumer 40 |
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67 | 70 | | Protection pursuant to chapter 400j of the general statutes and providing 41 |
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73 | 78 | | person's license or certification, provided the person does not refer to 43 |
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74 | 79 | | himself or herself by the term "lactation consultant", (2) is a student 44 |
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75 | 80 | | enrolled in a lactation consulting educational program or an accredited 45 |
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76 | 81 | | education program the completion of which is required for licensure or 46 |
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77 | 82 | | certification by the Department of Public Health pursuant to title 20 of 47 |
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78 | 83 | | the general statutes or by the Department of Consumer Protection 48 |
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79 | 84 | | pursuant to chapter 400j of the general statutes, lactation consulting is a 49 |
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80 | 85 | | part of the student's course of study and the student is performing such 50 |
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81 | 86 | | consulting under appropriate program supervision, provided the 51 |
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82 | 87 | | student does not refer to himself or herself by the term "lactation 52 |
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83 | 88 | | consultant", (3) provides lactation education and support through the 53 |
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84 | 89 | | federal Special Supplemental Food Program for Women, Infants and 54 |
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85 | 90 | | Children, administered pursuant to section 19a-59c of the general 55 |
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86 | 91 | | statutes, or any other federally funded nutrition assistance program 56 |
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87 | 92 | | administered in the state, to participants in such program while acting 57 |
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88 | 93 | | within the person's job description and training, provided the person 58 |
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89 | 94 | | does not refer to himself or herself by the term "lactation consultant", (4) 59 |
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90 | 95 | | is certified as a community health worker, as defined in section 20-195ttt 60 |
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91 | 96 | | of the general statutes, and providing lactation support to a HUSKY 61 |
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92 | 97 | | Health program member, provided the community health worker does 62 |
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93 | 98 | | not refer to himself or herself by the term "lactation consultant", (5) 63 |
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94 | 99 | | provides education, social support, peer support, peer counseling or 64 |
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95 | 100 | | nonclinical services relating to lactation and feeding, provided the 65 |
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96 | 101 | | person does not refer to himself or herself by the term "lactation 66 |
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97 | 102 | | consultant", (6) is a doula or midwife and providing services within the 67 |
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98 | 103 | | doula's or midwife's scope of practice and for which the doula or 68 |
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99 | 104 | | midwife is trained, provided the doula or midwife does not refer to 69 |
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100 | 105 | | himself or herself by the term "lactation consultant", or (7) is a public 70 |
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101 | 106 | | health professional and engaging in outreach, engagement, education, 71 |
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102 | 107 | | coaching, informal counseling, social support, advocacy, care 72 |
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103 | 108 | | coordination or research related to social determinants of health or a 73 |
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104 | 109 | | basic screening or assessment of any risk associated with social 74 |
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105 | 110 | | determinants of health, provided the professional does not refer to 75 |
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111 | 118 | | Sec. 3. (NEW) (Effective July 1, 2026) (a) The Commissioner of Public 77 |
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112 | 119 | | Health shall grant a license as a lactation consultant to any applicant 78 |
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113 | 120 | | who furnishes evidence satisfactory to the commissioner that such 79 |
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114 | 121 | | applicant has earned a certification as an international board certified 80 |
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115 | 122 | | lactation consultant from the International Board of Lactation 81 |
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116 | 123 | | Consultant Examiners, or any successor of said board. The 82 |
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117 | 124 | | commissioner shall develop and provide application forms. The 83 |
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118 | 125 | | application fee shall be two hundred dollars. 84 |
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119 | 126 | | (b) Any license issued under this section shall expire in accordance 85 |
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120 | 127 | | with the provisions of section 19a-88 of the general statutes, as amended 86 |
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121 | 128 | | by this act, and may be renewed every two years, for a fee of one 87 |
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122 | 129 | | hundred dollars. Each licensed lactation consultant applying for license 88 |
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123 | 130 | | renewal shall furnish evidence satisfactory to the commissioner of 89 |
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124 | 131 | | having a current certification as an international board certified lactation 90 |
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125 | 132 | | consultant with the International Board of Lactation Consultant 91 |
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126 | 133 | | Examiners, or any successor of said board, and having obtained 92 |
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127 | 134 | | continuing education units for such certification as required by said 93 |
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128 | 135 | | board. 94 |
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129 | 136 | | Sec. 4. (NEW) (Effective July 1, 2026) The Commissioner of Public 95 |
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130 | 137 | | Health may deny an application of an individual or take any 96 |
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131 | 138 | | disciplinary action set forth in section 19a-17 of the general statutes 97 |
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132 | 139 | | against a lactation consultant for any of the following reasons: (1) 98 |
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133 | 140 | | Failure to conform to the accepted standards of the profession; (2) 99 |
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134 | 141 | | conviction of a felony, provided any action taken is based upon (A) the 100 |
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135 | 142 | | nature of the conviction and its relationship to the license holder's ability 101 |
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136 | 143 | | to safely or competently practice as a lactation consultant, (B) 102 |
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137 | 144 | | information pertaining to the degree of rehabilitation of the license 103 |
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138 | 145 | | holder, and (C) the time elapsed since the conviction or release; (3) fraud 104 |
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139 | 146 | | or deceit in obtaining or seeking reinstatement of a license to practice 105 |
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140 | 147 | | lactation consulting; (4) fraud or deceit in the practice of lactation 106 |
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141 | 148 | | consulting; (5) negligent, incompetent or wrongful conduct in 107 |
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149 | 158 | | of entries in any hospital, patient or other record pertaining to lactation 111 |
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150 | 159 | | consulting; or (9) failure to maintain certification in good standing as an 112 |
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151 | 160 | | international board certified lactation consultant with the International 113 |
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152 | 161 | | Board of Lactation Consultant Examiners. The commissioner may order 114 |
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153 | 162 | | a license holder to submit to a reasonable physical or mental 115 |
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154 | 163 | | examination if his or her physical or mental capacity to practice safely is 116 |
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155 | 164 | | the subject of an investigation. The commissioner may petition the 117 |
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156 | 165 | | superior court for the judicial district of Hartford to enforce such order 118 |
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157 | 166 | | or any action taken pursuant to section 19a-17 of the general statutes. 119 |
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158 | 167 | | The commissioner shall give notice and an opportunity to be heard on 120 |
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159 | 168 | | any contemplated action under section 19a-17 of the general statutes. 121 |
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160 | 169 | | Sec. 5. Subsection (c) of section 19a-14 of the general statutes is 122 |
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161 | 170 | | repealed and the following is substituted in lieu thereof (Effective July 1, 123 |
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162 | 171 | | 2026): 124 |
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163 | 172 | | (c) No board shall exist for the following professions that are licensed 125 |
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164 | 173 | | or otherwise regulated by the Department of Public Health: 126 |
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165 | 174 | | (1) Speech and language pathologist and audiologist; 127 |
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166 | 175 | | (2) Hearing instrument specialist; 128 |
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167 | 176 | | (3) Nursing home administrator; 129 |
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168 | 177 | | (4) Environmental health specialist; 130 |
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169 | 178 | | (5) Subsurface sewage system installer or cleaner; 131 |
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170 | 179 | | (6) Marital and family therapist and marriage and family therapist 132 |
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171 | 180 | | associate; 133 |
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172 | 181 | | (7) Nurse-midwife; 134 |
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180 | 191 | | provider; 138 |
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181 | 192 | | (11) Massage therapist; 139 |
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182 | 193 | | (12) Registered nurse's aide; 140 |
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183 | 194 | | (13) Radiographer; 141 |
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184 | 195 | | (14) Dental hygienist; 142 |
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185 | 196 | | (15) Dietitian-Nutritionist; 143 |
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186 | 197 | | (16) Asbestos abatement worker; 144 |
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187 | 198 | | (17) Asbestos abatement site supervisor; 145 |
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188 | 199 | | (18) Licensed or certified alcohol and drug counselor; 146 |
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189 | 200 | | (19) Professional counselor and professional counselor associate; 147 |
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190 | 201 | | (20) Acupuncturist; 148 |
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191 | 202 | | (21) Occupational therapist and occupational therapist assistant; 149 |
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192 | 203 | | (22) Lead abatement contractor, lead consultant contractor, lead 150 |
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193 | 204 | | consultant, lead abatement supervisor, lead abatement worker, lead 151 |
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194 | 205 | | training provider, lead inspector, lead inspector risk assessor and lead 152 |
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195 | 206 | | planner-project designer; 153 |
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196 | 207 | | (23) Emergency medical technician, advanced emergency medical 154 |
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197 | 208 | | technician, emergency medical responder and emergency medical 155 |
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198 | 209 | | services instructor; 156 |
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199 | 210 | | (24) Paramedic; 157 |
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207 | 220 | | (28) Radiologist assistant, subject to the provisions of section 20-74tt; 161 |
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208 | 221 | | (29) Homeopathic physician; 162 |
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209 | 222 | | (30) Certified water treatment plant operator, certified distribution 163 |
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210 | 223 | | system operator, certified small water system operator, certified 164 |
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211 | 224 | | backflow prevention device tester and certified cross connection survey 165 |
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212 | 225 | | inspector, including certified limited operators, certified conditional 166 |
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213 | 226 | | operators and certified operators in training; 167 |
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214 | 227 | | (31) Tattoo technician; 168 |
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215 | 228 | | (32) Genetic counselor; 169 |
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216 | 229 | | (33) Behavior analyst; 170 |
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217 | 230 | | (34) Art therapist; 171 |
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218 | 231 | | (35) Esthetician; 172 |
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219 | 232 | | (36) Eyelash technician; [and] 173 |
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220 | 233 | | (37) Nail technician; and 174 |
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221 | 234 | | (38) Lactation consultant. 175 |
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222 | 235 | | The department shall assume all powers and duties normally vested 176 |
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223 | 236 | | with a board in administering regulatory jurisdiction over such 177 |
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224 | 237 | | professions. The uniform provisions of sections 1 to 4, inclusive, of this 178 |
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225 | 238 | | act, this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, 179 |
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226 | 239 | | inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited 180 |
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227 | 240 | | to, standards for entry and renewal; grounds for professional discipline; 181 |
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228 | 241 | | receiving and processing complaints; and disciplinary sanctions, shall 182 |
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238 | 253 | | (2) Each person holding a license or certificate issued under section 188 |
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239 | 254 | | 19a-514, sections 1 to 4, inclusive, of this act and chapters 384a, 384c, 189 |
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240 | 255 | | 384d, 386, 387, 388 and 398 shall apply for renewal of such license or 190 |
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241 | 256 | | certificate once every two years, during the month of such person's 191 |
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242 | 257 | | birth, giving such person's name in full, such person's residence and 192 |
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243 | 258 | | business address and such other information as the department 193 |
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244 | 259 | | requests. 194 |
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245 | 260 | | This act shall take effect as follows and shall amend the following |
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246 | 261 | | sections: |
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247 | 262 | | |
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248 | 263 | | Section 1 July 1, 2026 New section |
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249 | 264 | | Sec. 2 July 1, 2026 New section |
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250 | 265 | | Sec. 3 July 1, 2026 New section |
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251 | 266 | | Sec. 4 July 1, 2026 New section |
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252 | 267 | | Sec. 5 July 1, 2026 19a-14(c) |
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253 | 268 | | Sec. 6 July 1, 2026 19a-88(e)(2) |
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254 | 269 | | |
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