| 1 | 1 | | THE SENATE S.B. NO. 317 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to lactation consultants. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 2 | 2 | | |
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| 3 | 3 | | THE SENATE S.B. NO. 317 |
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| 4 | 4 | | THIRTY-THIRD LEGISLATURE, 2025 |
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| 5 | 5 | | STATE OF HAWAII |
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| 7 | 7 | | THE SENATE |
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| 8 | 8 | | |
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| 9 | 9 | | S.B. NO. |
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| 10 | 10 | | |
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| 11 | 11 | | 317 |
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| 12 | 12 | | |
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| 13 | 13 | | THIRTY-THIRD LEGISLATURE, 2025 |
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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | relating to lactation consultants. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter LACTATION CONSULTANTS § -1 Definitions. As used in this chapter, unless the context otherwise requires: "Board" means the board of lactation consultants established by this chapter. "Department" means the department of commerce and consumer affairs. "Lactation consulting" means the clinical application of scientific principles and a multidisciplinary body of evidence for evaluation, problem identification, treatment, education, and consultation to families regarding the course of lactation and feeding, including: (1) Taking maternal, child, and feeding histories; (2) Performing clinical assessments related to breastfeeding and human lactation through the systematic collection of subjective and objective information; (3) Analyzing data; (4) Developing a lactation management and child feeding plan with demonstration and instruction to parents; (5) Providing lactation and feeding education; (6) Recommending and training on the use of assistive devices; (7) Communicating to the patient's primary health care practitioner and referring to other healthcare practitioners, as needed; (8) Conducting appropriate follow-up with evaluation of outcomes; and (9) Documenting the encounter in a patient record. "License" means a valid lactation consultant license issued under this chapter. "Licensee" means any person holding a license. § -2 Lactation consulting; license required. After December 31, 2029, no person without a license shall practice lactation consulting, use the title licensed lactation consultant, or present himself or herself as a lactation consultant. § -3 Board of lactation consultants; established. (a) There is established within the department the board of lactation consultants. The board shall consist of five members as follows: (1) Four members who shall each hold a current certification from the International Board of Lactation Consultant Examiners as a lactation consultant or a similar certification from a successor organization; provided that: (A) At least one member shall practice in hospital clinical lactation care; (B) At least one member shall practice in community or public health; and (C) At least one member shall practice in private practice of clinical lactation care; and (2) One member who shall represent the public at-large. All members shall be citizens of the United States and residents of the State. (b) Members of the board shall be appointed by the governor under section 26-34. (c) The board shall elect from its members a chairperson, vice chairperson, and any other officers as deemed necessary who shall hold office according to the rules adopted by the board. (d) The members of the board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. § -4 Requirements for application for licensure. The board shall establish licensure requirements; provided that the requirements shall include: (1) Completion of an application in a form and manner as prescribed by the board, accompanied by payment of applicable fees; (2) Proof that the applicant is eighteen years of age or older; (3) Completion of the education and clinical standards established for an International Board Certified Lactation Consultant by the International Board of Lactation Consultant Examiners, or its successor organization; (4) Proof of a passing score of the International Board Certified Lactation Consultant examination administered by the International Board of Lactation Consultant Examiners or the comparable examination of any successor organization; and (5) Satisfactory results from a criminal background check determined by the board. § -5 License as property; display; address changes; renewal; inactive status. (a) Each license shall be the property of the board and shall be surrendered on demand. (b) Each licensee shall display the license in an appropriate and public manner. (c) Each licensee shall inform the board of any change of address. (d) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the board prior to the expiration date, accompanied by payment of the fee prescribed by the board. A license that has expired for failure to renew may be later renewed within a time period established by the board after application and payment of a fee as established by the board. Any license that has not been renewed by the end of the late renewal period shall be considered lapsed, revoked, and subject to reinstatement at the discretion of the board after meeting requirements as the board may establish. (e) Under procedures and conditions established by the board, a licensee may request that his or her license be declared inactive. § -6 Licensing authority of board; investigations; fines. (a) The board may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee or applicant: (1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; (2) Has been convicted of a felony or of any crime involving moral turpitude; (3) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the licensee's care; (4) Has had a license to practice a business or profession suspended or revoked or has otherwise been subject to discipline related to the licensee's practice of a business or profession in any other jurisdiction; (5) Has committed a fraudulent act that materially affects the fitness of the licensee or applicant to practice a business or profession; (6) Excessively or habitually uses alcohol or drugs; provided that the board shall not discipline a licensee under this paragraph if the licensee is enrolled in a substance abuse program approved by the board; or (7) Has a physical or mental disability that renders the licensee incapable of safely practicing lactation consulting. (b) The board may investigate allegations of conduct described in subsection (a). (c) The board may issue fines to any person found to have violated any provision of this chapter or any rule adopted by the board under this chapter. The fine shall not be less than $100 or more than $500 for each violation. § -7 Board of lactation consultants; additional powers and duties. (a) The board shall meet monthly if there is business pending. (b) The board shall: (1) Determine the qualifications and fitness of applicants for licensure, renewal of licensure, and reinstatement of licensure; (2) Examine applications for issuance, renewal, and reinstatement of licenses; (3) Issue, renew, reinstate, deny, suspend, and revoke licenses; (4) Conduct hearings in connection with licenses; (5) Conduct hearings on complaints concerning violations of this chapter and the rules adopted under this chapter and cause the prosecution and enjoinder of the violations; (6) Adopt, revise, and enforce rules regarding advertising by licensees, including prohibiting false, misleading, or deceptive practices; (7) Establish application fees for initial licensing, renewals, and reinstatements; (8) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board, and other matters regarding lactation consulting that the board deems appropriate. The board shall make the information available to the public on the department's website; (9) Establish continuing education requirements; and (10) Adopt a seal which shall be affixed only in a manner as prescribed by the board. § -8 Compliance and exclusions. Nothing in this chapter shall be construed to affect or prevent: (1) Licensed healthcare professionals from practicing lactation consulting when lactation consulting is within their legal scope of practice; (2) Any doula; community health worker; peer counselor; women, infants, and children peer counselor; peer supporter; breastfeeding and lactation educator or counselor; childbirth educator; social worker; home visitor; or any other perinatal educator from performing education functions, including lactation and feeding education, consistent with the accepted standards of their respective occupations; or (3) The practice of lactation consulting by students, interns, or persons preparing for the practice of lactation consulting under the qualified supervision of a licensed lactation consultant or any licensed professional identified in paragraph (1). § -9 Rules. The board shall adopt rules pursuant to chapter 91 for the purposes of this chapter." SECTION 2. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | "Chapter |
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| 52 | 52 | | |
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| 53 | 53 | | LACTATION CONSULTANTS |
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| 54 | 54 | | |
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| 55 | 55 | | § -1 Definitions. As used in this chapter, unless the context otherwise requires: |
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| 56 | 56 | | |
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| 57 | 57 | | "Board" means the board of lactation consultants established by this chapter. |
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| 58 | 58 | | |
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| 59 | 59 | | "Department" means the department of commerce and consumer affairs. |
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| 60 | 60 | | |
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| 61 | 61 | | "Lactation consulting" means the clinical application of scientific principles and a multidisciplinary body of evidence for evaluation, problem identification, treatment, education, and consultation to families regarding the course of lactation and feeding, including: |
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| 62 | 62 | | |
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| 63 | 63 | | (1) Taking maternal, child, and feeding histories; |
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| 64 | 64 | | |
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| 65 | 65 | | (2) Performing clinical assessments related to breastfeeding and human lactation through the systematic collection of subjective and objective information; |
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| 66 | 66 | | |
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| 67 | 67 | | (3) Analyzing data; |
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| 68 | 68 | | |
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| 69 | 69 | | (4) Developing a lactation management and child feeding plan with demonstration and instruction to parents; |
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| 70 | 70 | | |
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| 71 | 71 | | (5) Providing lactation and feeding education; |
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| 72 | 72 | | |
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| 73 | 73 | | (6) Recommending and training on the use of assistive devices; |
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| 74 | 74 | | |
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| 75 | 75 | | (7) Communicating to the patient's primary health care practitioner and referring to other healthcare practitioners, as needed; |
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| 76 | 76 | | |
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| 77 | 77 | | (8) Conducting appropriate follow-up with evaluation of outcomes; and |
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| 78 | 78 | | |
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| 79 | 79 | | (9) Documenting the encounter in a patient record. |
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| 80 | 80 | | |
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| 81 | 81 | | "License" means a valid lactation consultant license issued under this chapter. |
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| 82 | 82 | | |
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| 83 | 83 | | "Licensee" means any person holding a license. |
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| 84 | 84 | | |
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| 85 | 85 | | § -2 Lactation consulting; license required. After December 31, 2029, no person without a license shall practice lactation consulting, use the title licensed lactation consultant, or present himself or herself as a lactation consultant. |
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| 86 | 86 | | |
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| 87 | 87 | | § -3 Board of lactation consultants; established. (a) There is established within the department the board of lactation consultants. The board shall consist of five members as follows: |
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| 88 | 88 | | |
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| 89 | 89 | | (1) Four members who shall each hold a current certification from the International Board of Lactation Consultant Examiners as a lactation consultant or a similar certification from a successor organization; provided that: |
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| 90 | 90 | | |
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| 91 | 91 | | (A) At least one member shall practice in hospital clinical lactation care; |
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| 92 | 92 | | |
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| 93 | 93 | | (B) At least one member shall practice in community or public health; and |
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| 94 | 94 | | |
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| 95 | 95 | | (C) At least one member shall practice in private practice of clinical lactation care; and |
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| 96 | 96 | | |
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| 97 | 97 | | (2) One member who shall represent the public at-large. |
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| 98 | 98 | | |
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| 99 | 99 | | All members shall be citizens of the United States and residents of the State. |
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| 100 | 100 | | |
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| 101 | 101 | | (b) Members of the board shall be appointed by the governor under section 26-34. |
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| 102 | 102 | | |
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| 103 | 103 | | (c) The board shall elect from its members a chairperson, vice chairperson, and any other officers as deemed necessary who shall hold office according to the rules adopted by the board. |
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| 104 | 104 | | |
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| 105 | 105 | | (d) The members of the board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. |
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| 106 | 106 | | |
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| 107 | 107 | | § -4 Requirements for application for licensure. The board shall establish licensure requirements; provided that the requirements shall include: |
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| 108 | 108 | | |
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| 109 | 109 | | (1) Completion of an application in a form and manner as prescribed by the board, accompanied by payment of applicable fees; |
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| 110 | 110 | | |
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| 111 | 111 | | (2) Proof that the applicant is eighteen years of age or older; |
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| 112 | 112 | | |
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| 113 | 113 | | (3) Completion of the education and clinical standards established for an International Board Certified Lactation Consultant by the International Board of Lactation Consultant Examiners, or its successor organization; |
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| 114 | 114 | | |
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| 115 | 115 | | (4) Proof of a passing score of the International Board Certified Lactation Consultant examination administered by the International Board of Lactation Consultant Examiners or the comparable examination of any successor organization; and |
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| 116 | 116 | | |
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| 117 | 117 | | (5) Satisfactory results from a criminal background check determined by the board. |
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| 118 | 118 | | |
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| 119 | 119 | | § -5 License as property; display; address changes; renewal; inactive status. (a) Each license shall be the property of the board and shall be surrendered on demand. |
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| 120 | 120 | | |
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| 121 | 121 | | (b) Each licensee shall display the license in an appropriate and public manner. |
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| 122 | 122 | | |
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| 123 | 123 | | (c) Each licensee shall inform the board of any change of address. |
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| 124 | 124 | | |
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| 125 | 125 | | (d) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the board prior to the expiration date, accompanied by payment of the fee prescribed by the board. A license that has expired for failure to renew may be later renewed within a time period established by the board after application and payment of a fee as established by the board. Any license that has not been renewed by the end of the late renewal period shall be considered lapsed, revoked, and subject to reinstatement at the discretion of the board after meeting requirements as the board may establish. |
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| 126 | 126 | | |
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| 127 | 127 | | (e) Under procedures and conditions established by the board, a licensee may request that his or her license be declared inactive. |
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| 128 | 128 | | |
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| 129 | 129 | | § -6 Licensing authority of board; investigations; fines. (a) The board may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee or applicant: |
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| 130 | 130 | | |
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| 131 | 131 | | (1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; |
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| 132 | 132 | | |
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| 133 | 133 | | (2) Has been convicted of a felony or of any crime involving moral turpitude; |
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| 134 | 134 | | |
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| 135 | 135 | | (3) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the licensee's care; |
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| 136 | 136 | | |
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| 137 | 137 | | (4) Has had a license to practice a business or profession suspended or revoked or has otherwise been subject to discipline related to the licensee's practice of a business or profession in any other jurisdiction; |
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| 138 | 138 | | |
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| 139 | 139 | | (5) Has committed a fraudulent act that materially affects the fitness of the licensee or applicant to practice a business or profession; |
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| 140 | 140 | | |
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| 141 | 141 | | (6) Excessively or habitually uses alcohol or drugs; provided that the board shall not discipline a licensee under this paragraph if the licensee is enrolled in a substance abuse program approved by the board; or |
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| 142 | 142 | | |
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| 143 | 143 | | (7) Has a physical or mental disability that renders the licensee incapable of safely practicing lactation consulting. |
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| 144 | 144 | | |
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| 145 | 145 | | (b) The board may investigate allegations of conduct described in subsection (a). |
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| 146 | 146 | | |
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| 147 | 147 | | (c) The board may issue fines to any person found to have violated any provision of this chapter or any rule adopted by the board under this chapter. The fine shall not be less than $100 or more than $500 for each violation. |
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| 148 | 148 | | |
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| 149 | 149 | | § -7 Board of lactation consultants; additional powers and duties. (a) The board shall meet monthly if there is business pending. |
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| 150 | 150 | | |
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| 151 | 151 | | (b) The board shall: |
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| 152 | 152 | | |
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| 153 | 153 | | (1) Determine the qualifications and fitness of applicants for licensure, renewal of licensure, and reinstatement of licensure; |
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| 154 | 154 | | |
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| 155 | 155 | | (2) Examine applications for issuance, renewal, and reinstatement of licenses; |
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| 156 | 156 | | |
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| 157 | 157 | | (3) Issue, renew, reinstate, deny, suspend, and revoke licenses; |
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| 158 | 158 | | |
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| 159 | 159 | | (4) Conduct hearings in connection with licenses; |
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| 160 | 160 | | |
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| 161 | 161 | | (5) Conduct hearings on complaints concerning violations of this chapter and the rules adopted under this chapter and cause the prosecution and enjoinder of the violations; |
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| 162 | 162 | | |
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| 163 | 163 | | (6) Adopt, revise, and enforce rules regarding advertising by licensees, including prohibiting false, misleading, or deceptive practices; |
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| 164 | 164 | | |
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| 165 | 165 | | (7) Establish application fees for initial licensing, renewals, and reinstatements; |
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| 166 | 166 | | |
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| 167 | 167 | | (8) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board, and other matters regarding lactation consulting that the board deems appropriate. The board shall make the information available to the public on the department's website; |
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| 168 | 168 | | |
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| 169 | 169 | | (9) Establish continuing education requirements; and |
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| 170 | 170 | | |
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| 171 | 171 | | (10) Adopt a seal which shall be affixed only in a manner as prescribed by the board. |
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| 172 | 172 | | |
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| 173 | 173 | | § -8 Compliance and exclusions. Nothing in this chapter shall be construed to affect or prevent: |
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| 174 | 174 | | |
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| 175 | 175 | | (1) Licensed healthcare professionals from practicing lactation consulting when lactation consulting is within their legal scope of practice; |
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| 176 | 176 | | |
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| 177 | 177 | | (2) Any doula; community health worker; peer counselor; women, infants, and children peer counselor; peer supporter; breastfeeding and lactation educator or counselor; childbirth educator; social worker; home visitor; or any other perinatal educator from performing education functions, including lactation and feeding education, consistent with the accepted standards of their respective occupations; or |
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| 178 | 178 | | |
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| 179 | 179 | | (3) The practice of lactation consulting by students, interns, or persons preparing for the practice of lactation consulting under the qualified supervision of a licensed lactation consultant or any licensed professional identified in paragraph (1). |
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| 180 | 180 | | |
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| 181 | 181 | | § -9 Rules. The board shall adopt rules pursuant to chapter 91 for the purposes of this chapter." |
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| 182 | 182 | | |
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| 183 | 183 | | SECTION 2. This Act shall take effect upon its approval. |
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| 184 | 184 | | |
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| 185 | 185 | | |
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| 186 | 186 | | |
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| 187 | 187 | | INTRODUCED BY: _____________________________ |
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| 188 | 188 | | |
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| 189 | 189 | | INTRODUCED BY: |
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| 190 | 190 | | |
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| 191 | 191 | | _____________________________ |
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| 192 | 192 | | |
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| 193 | 193 | | |
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| 194 | 194 | | |
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| 195 | 195 | | |
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| 196 | 196 | | |
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| 197 | 197 | | Report Title: Lactation Consultants; Breast Feeding; Licensure; DCCA Description: Establishes the Board of Lactation Consultants of the Department of Commerce and Consumer Affairs and requires that lactation consultants be licensed by the board. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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| 201 | 201 | | |
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| 204 | 204 | | |
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| 205 | 205 | | Report Title: |
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| 206 | 206 | | |
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| 207 | 207 | | Lactation Consultants; Breast Feeding; Licensure; DCCA |
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| 208 | 208 | | |
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| 209 | 209 | | |
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| 210 | 210 | | |
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| 211 | 211 | | Description: |
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| 212 | 212 | | |
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| 213 | 213 | | Establishes the Board of Lactation Consultants of the Department of Commerce and Consumer Affairs and requires that lactation consultants be licensed by the board. |
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| 214 | 214 | | |
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| 215 | 215 | | |
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| 216 | 216 | | |
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| 217 | 217 | | |
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| 218 | 218 | | |
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| 219 | 219 | | |
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| 220 | 220 | | |
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| 221 | 221 | | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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