The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8359

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M.  of A. ROSENTHAL, PAULIN -- read once and referred to
  the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  the  licensure  of
  lactation  consultants  and providing for establishment of a lactation
  consultant licensing board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "lactation consultant practice act".
  S 2. The education law is amended by adding a new article 167 to  read
as follows:
                               ARTICLE 167
                          LACTATION CONSULTANTS

SECTION 8750. LEGISLATIVE INTENT.
        8751. DEFINITIONS.
        8752. LACTATION CONSULTANT LICENSING BOARD.
        8753. VIOLATIONS.
        8754. HEARINGS AND PROCEEDINGS.
        8755. APPLICABILITY.
        8756. SEVERABILITY.

  S  8750.  LEGISLATIVE  INTENT.  THE  LEGISLATURE ACKNOWLEDGES THAT THE
APPLICATION OF SPECIFIC KNOWLEDGE AND SKILL RELATING TO BREASTFEEDING IS
IMPORTANT TO THE HEALTH OF MOTHERS AND BABIES, AND ACKNOWLEDGES  FURTHER
THAT  THE  RENDERING  OF SOUND LACTATION CARE AND SERVICES IN HOSPITALS,
PHYSICIAN PRACTICES, PRIVATE HOMES AND OTHER SETTINGS  REQUIRES  TRAINED
AND  COMPETENT PROFESSIONALS. FURTHER, THE LEGISLATURE DECLARES IT TO BE
THE PURPOSE OF THIS ARTICLE TO PROTECT THE HEALTH, SAFETY AND WELFARE OF
THE PUBLIC BY PROVIDING FOR THE LICENSURE AND REGULATION OF  THE  ACTIV-
ITIES OF PERSONS ENGAGED IN LACTATION CARE AND SERVICES.
  S  8751.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "APPLICANT" MEANS ANY PERSON SEEKING A LICENSE UNDER THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

A                                                          LBD13186-01-3

A. 8359                             2

  2. "BOARD" MEANS THE LACTATION CONSULTANT LICENSING BOARD  ESTABLISHED
PURSUANT TO SECTION EIGHTY-SEVEN HUNDRED FIFTY-TWO OF THIS ARTICLE.
  3.  "INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANT (IBCLC)" MEANS
AN INDIVIDUAL WHO HOLDS CURRENT  CERTIFICATION  FROM  THE  INTERNATIONAL
BOARD  OF LACTATION CONSULTANT EXAMINERS (IBLCE) AFTER DEMONSTRATING THE
APPROPRIATE EDUCATION, KNOWLEDGE AND EXPERIENCE NECESSARY FOR  INDEPEND-
ENT CLINICAL PRACTICE.
  4.  "INTERNATIONAL  BOARD  OF  LACTATION CONSULTANT EXAMINERS (IBLCE)"
MEANS THE INTERNATIONAL ORGANIZATION THAT CERTIFIES IBCLCS AND IS  INDE-
PENDENTLY ACCREDITED BY THE NATIONAL COMMISSION OF CERTIFYING AGENCIES.
  5.  "LACTATION  CARE  AND  SERVICES" MEANS THE CLINICAL APPLICATION OF
SCIENTIFIC PRINCIPLES AND A MULTIDISCIPLINARY BODY OF EVIDENCE  FOR  THE
EVALUATION,  PROBLEM  IDENTIFICATION, TREATMENT, EDUCATION AND CONSULTA-
TION TO PROVIDE LACTATION CARE AND SERVICES  TO  CHILDBEARING  FAMILIES.
LACTATION CARE AND SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  LACTATION ASSESSMENT THROUGH THE SYSTEMATIC COLLECTION OF SUBJEC-
TIVE AND OBJECTIVE DATA;
  (B) ANALYSIS OF DATA AND CREATION OF A PLAN OF CARE;
  (C) IMPLEMENTATION OF A LACTATION CARE  PLAN  WITH  DEMONSTRATION  AND
INSTRUCTION  TO  PARENTS  AND  COMMUNICATION  TO THE PRIMARY HEALTH CARE
PROVIDER;
  (D) EVALUATION OF OUTCOMES;
  (E) PROVISION OF  LACTATION  EDUCATION  TO  PARENTS  AND  HEALTH  CARE
PROVIDERS; AND
  (F) THE RECOMMENDATION AND USE OF ASSISTIVE DEVICES.
  6.  "LACTATION  CONSULTANT"  MEANS  A  PERSON DULY LICENSED UNDER THIS
ARTICLE TO PRACTICE LACTATION CARE AND SERVICES.
  7. "PRACTICE" MEANS RENDERING OR OFFERING TO RENDER ANY LACTATION CARE
AND SERVICES TO ANY INDIVIDUAL, FAMILY OR GROUP OF INDIVIDUALS.
  S 8752. LACTATION CONSULTANT  LICENSING  BOARD.  1.  THERE  IS  HEREBY
CREATED  THE  LACTATION  CONSULTANT  LICENSING  BOARD.  THE  BOARD SHALL
CONSIST OF FIVE MEMBERS APPOINTED BY THE GOVERNOR WITH  THE  ADVICE  AND
CONSENT OF THE SENATE AS FOLLOWS:
  (A) FOUR MEMBERS SHALL BE LACTATION CONSULTANTS; AND
  (B)  ONE  MEMBER  SHALL  REPRESENT  THE  PUBLIC  AT  LARGE AND HAVE NO
CONNECTION WITH THE PRACTICE OF LACTATION.
  2. BOARD MEMBERS SHALL SERVE FOR TERMS OF  FOUR  YEARS  AND  VACANCIES
SHALL  BE APPOINTED IN THE SAME MANNER AS PROVIDED FOR ORIGINAL APPOINT-
MENTS.
  3. MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  BUT  SHALL  BE
ENTITLED  TO BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
  4. THE MEMBERS OF THE BOARD SHALL BE CITIZENS OF THE UNITED STATES AND
RESIDENTS OF THIS STATE; PROVIDED, HOWEVER, THAT THE  MEMBERS  APPOINTED
PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL HAVE
ENGAGED IN THE PRACTICE OF LACTATION CARE AND SERVICES FOR AT LEAST  ONE
YEAR AND BE LICENSED PURSUANT TO THIS ARTICLE.
  5.  THE  GOVERNOR  MAY  REMOVE  MEMBERS OF THE BOARD, AFTER NOTICE AND
OPPORTUNITY FOR A HEARING, FOR INCOMPETENCE, NEGLECT  OF  DUTY,  MALFEA-
SANCE, UNPROFESSIONAL CONDUCT, CONVICTION OF ANY FELONY, FAILURE TO MEET
THE  QUALIFICATIONS OF THIS ARTICLE, OR COMMITTING ANY ACT PROHIBITED BY
THIS ARTICLE.
  6. THE BOARD SHALL MEET ANNUALLY AND SHALL ELECT FROM  ITS  MEMBERS  A
CHAIRPERSON,  VICE-CHAIRPERSON,  AND ANY OTHER OFFICERS AS DEEMED NECES-
SARY WHO SHALL HOLD OFFICE ACCORDING TO THE RULES ADOPTED BY THE  BOARD.

A. 8359                             3

IN  ADDITION  TO ITS ANNUAL MEETING, THE BOARD MAY HOLD ADDITIONAL MEET-
INGS EACH YEAR AS PROVIDED BY THE RULES ADOPTED BY THE BOARD.
  7.  THE  BOARD SHALL PERFORM SUCH DUTIES AND POSSESS AND EXERCISE SUCH
POWERS RELATIVE TO THE PROTECTION OF THE PUBLIC HEALTH AND  THE  CONTROL
AND  REGULATION  OF LACTATION CONSULTANTS AS THIS ARTICLE PRESCRIBES AND
CONFERS UPON IT.
  8. THE BOARD SHALL HAVE THE POWER AND AUTHORITY TO:
  (A) ENFORCE THE PROVISIONS OF THIS ARTICLE, AND IT  SHALL  BE  GRANTED
ALL  OF  THE  NECESSARY  DUTIES,  POWERS AND AUTHORITY TO CARRY OUT THIS
RESPONSIBILITY;
  (B) DRAFT, ADOPT, AMEND, REPEAL AND ENFORCE SUCH  RULES  AS  IT  DEEMS
NECESSARY  FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE IN THE
PROTECTION OF PUBLIC HEALTH, SAFETY AND WELFARE;
  (C) LICENSE DULY QUALIFIED APPLICANTS BY EXAMINATION OR REINSTATEMENT;
  (D) IMPLEMENT THE DISCIPLINARY PROCESS;
  (E) ENFORCE QUALIFICATIONS FOR LICENSURE;
  (F) SET STANDARDS FOR COMPETENCY OF LICENSEES CONTINUING IN OR RETURN-
ING TO PRACTICE;
  (G) ISSUE ORDERS WHEN A LICENSE IS SURRENDERED TO THE  BOARD  WHILE  A
COMPLAINT,  INVESTIGATION OR DISCIPLINARY ACTION AGAINST SUCH LICENSE IS
PENDING;
  (H) ADOPT, REVISE AND  ENFORCE  RULES  REGARDING  THE  ADVERTISING  BY
LICENSEES  INCLUDING,  BUT  NOT  LIMITED  TO,  RULES  TO PROHIBIT FALSE,
MISLEADING OR DECEPTIVE PRACTICES;
  (I) ADOPT, PUBLISH IN PRINT OR ELECTRONICALLY, AND ENFORCE A  CODE  OF
ETHICS;
  (J) ESTABLISH EXAMINATION AND LICENSING FEES;
  (K)  REQUEST  AND  RECEIVE  THE ASSISTANCE OF STATE EDUCATIONAL INSTI-
TUTIONS OR OTHER STATE AGENCIES;
  (L) 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;
  (M) ESTABLISH CONTINUING EDUCATION REQUIREMENTS; AND
  (N)  ADOPT  A  SEAL  WHICH  SHALL  BE  AFFIXED  ONLY IN SUCH MANNER AS
PRESCRIBED BY THE BOARD.
  9. THE BOARD MAY GRANT, UPON APPLICATION AND PAYMENT OF PROPER FEES, A
LICENSE WITHOUT EXAMINATION TO A PERSON WHO, AT THE TIME OF APPLICATION,
EITHER:
  (A) HOLDS A VALID LICENSE AS A LICENSED LACTATION CONSULTANT ISSUED BY
ANOTHER STATE, POLITICAL TERRITORY OR  JURISDICTION  ACCEPTABLE  TO  THE
BOARD  IF, IN THE BOARD'S OPINION, THE REQUIREMENTS FOR THAT LICENSE ARE
SUBSTANTIALLY EQUAL TO OR GREATER THAN THE REQUIREMENTS OF THIS ARTICLE;
OR
  (B) PRESENTS EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT  IS
AN IBCLC IN GOOD STANDING WITH THE IBLCE, OR ITS SUCCESSOR ORGANIZATION.
  10. EACH APPLICANT FOR A LICENSE AS A LACTATION CONSULTANT SHALL BE AT
LEAST  EIGHTEEN  YEARS OF AGE, SHALL HAVE SUBMITTED A COMPLETED APPLICA-
TION UPON A FORM AND IN SUCH MANNER AS THE BOARD PRESCRIBES, ACCOMPANIED
BY APPLICABLE FEES, AND  SHALL  BE  IN  COMPLIANCE  WITH  THE  FOLLOWING
REQUIREMENTS:
  (A)  MEETING THE INTERNATIONAL EDUCATION AND CLINICAL STANDARDS ESTAB-
LISHED FOR IBCLCS BY THE IBLCE OR  OTHER  NATIONAL  TESTING  SERVICE  AS
APPROVED BY THE BOARD;
  (B)  PROVIDING PROOF OF SUCCESSFUL COMPLETION OF THE IBLCE EXAMINATION
OR OTHER EXAMINATION AS APPROVED BY THE BOARD;

A. 8359                             4

  (C) HAVING SATISFACTORY RESULTS FROM A FINGERPRINT RECORD CHECK REPORT
CONDUCTED BY THE DEPARTMENT OR THE BUREAU OF STATE POLICE, AS DETERMINED
BY THE BOARD. APPLICATION FOR A LICENSE UNDER THIS SECTION SHALL CONSTI-
TUTE EXPRESS CONSENT AND AUTHORIZATION FOR THE BOARD TO PERFORM A CRIMI-
NAL  BACKGROUND  CHECK. EACH APPLICANT WHO SUBMITS AN APPLICATION TO THE
BOARD FOR LICENSURE BY EXAMINATION AGREES TO PROVIDE THE BOARD WITH  ANY
AND  ALL  INFORMATION  NECESSARY  TO  RUN  A  CRIMINAL BACKGROUND CHECK,
INCLUDING, BUT NOT LIMITED TO, CLASSIFIABLE SETS  OF  FINGERPRINTS.  THE
APPLICANT SHALL BE RESPONSIBLE FOR ALL FEES ASSOCIATED WITH THE PERFORM-
ANCE OF SUCH BACKGROUND CHECK; AND
  (D)  COMPLETION OF SUCH OTHER REQUIREMENTS AS MAY BE PRESCRIBED BY THE
BOARD.
  11. THE BOARD MAY REQUIRE THAT ALL APPLICATIONS BE MADE UNDER OATH.
  12. AFTER EVALUATION OF AN APPLICATION AND OTHER  EVIDENCE  SUBMITTED,
THE  BOARD SHALL NOTIFY EACH APPLICANT THAT THE APPLICATION AND EVIDENCE
SUBMITTED ARE SATISFACTORY AND ACCEPTED OR UNSATISFACTORY AND  REJECTED.
IF REJECTED, THE NOTICE SHALL STATE THE REASONS FOR THE REJECTION.
  13.  EXAMINATIONS  TO  DETERMINE  COMPETENCE  SHALL BE ADMINISTERED TO
QUALIFIED APPLICANTS AT LEAST ONCE EACH CALENDAR YEAR. THE  EXAMINATIONS
MAY  BE  ADMINISTERED  BY  A  NATIONAL  TESTING SERVICE. THE BOARD SHALL
PRESCRIBE OR DEVELOP THE EXAMINATIONS WHICH MAY INCLUDE  AN  EXAMINATION
GIVEN  BY THE IBLCE OR ANY OTHER EXAMINATION APPROVED BY TWO-THIRDS VOTE
OF THE BOARD.
  14. (A) A LICENSE ISSUED BY THE BOARD IS THE PROPERTY OF THE BOARD AND
SHALL BE SURRENDERED UPON DEMAND.
  (B) THE LICENSEE SHALL DISPLAY THE LICENSE CERTIFICATE IN AN APPROPRI-
ATE AND PUBLIC MANNER.
  (C) THE LICENSEE SHALL INFORM THE BOARD OF ANY CHANGE OF ADDRESS.
  (D) THE LICENSE SHALL BE RENEWED BIENNIALLY IF THE LICENSEE IS NOT  IN
VIOLATION  OF THIS ARTICLE AT THE TIME OF APPLICATION FOR RENEWAL AND IF
THE APPLICANT FULFILLS CURRENT REQUIREMENTS OF CONTINUING  EDUCATION  AS
ESTABLISHED BY THE BOARD.
  (E)  EACH PERSON LICENSED UNDER THIS ARTICLE IS RESPONSIBLE FOR RENEW-
ING HIS OR HER LICENSE BEFORE THE EXPIRATION DATE.
  (F) UNDER PROCEDURES AND CONDITIONS ESTABLISHED BY THE BOARD, A LICEN-
SEE MAY REQUEST THAT HIS OR HER LICENSE BE DECLARED INACTIVE. THE LICEN-
SEE MAY APPLY FOR ACTIVE STATUS AT ANY TIME AND UPON MEETING THE  CONDI-
TIONS SET BY THE BOARD SHALL BE DECLARED ACTIVE.
  15.  THE BOARD MAY REFUSE TO GRANT OR RENEW A LICENSE TO AN APPLICANT;
ADMINISTER A PUBLIC OR PRIVATE REPRIMAND, BUT A PRIVATE REPRIMAND  SHALL
NOT BE DISCLOSED TO ANY PERSON EXCEPT THE LICENSEE; SUSPEND ANY LICENSEE
FOR A DEFINITE PERIOD OR FOR AN INDEFINITE PERIOD IN CONNECTION WITH ANY
CONDITION  WHICH  MAY  BE  ATTACHED  TO THE RESTORATION OF SUCH LICENSE;
LIMIT OR RESTRICT ANY LICENSEE AS THE  BOARD  DEEMS  NECESSARY  FOR  THE
PROTECTION  OF  THE  PUBLIC;  REVOKE  ANY LICENSE; CONDITION THE PENALTY
UPON,  OR  WITHHOLD  FORMAL  DISPOSITION  PENDING,  THE  APPLICANT'S  OR
LICENSEE'S  SUBMISSION  TO  SUCH  CARE,  COUNSELING, OR TREATMENT AS THE
BOARD MAY DIRECT; OR IMPOSE A FINE NOT TO EXCEED  FIVE  HUNDRED  DOLLARS
FOR  EACH VIOLATION OF A LAW, RULE OR REGULATION RELATING TO THE PROFES-
SION REGULATED BY THIS ARTICLE UPON A  FINDING  BY  A  MAJORITY  OF  THE
ENTIRE BOARD THAT THE LICENSEE OR APPLICANT HAS:
  (A)  FAILED  TO  DEMONSTRATE  THE  QUALIFICATIONS  OR  STANDARDS FOR A
LICENSE CONTAINED IN THIS SECTION OR UNDER  THE  LAWS,  RULES  OR  REGU-
LATIONS  UNDER  WHICH LICENSURE IS SOUGHT OR HELD; IT SHALL BE INCUMBENT
UPON THE APPLICANT TO DEMONSTRATE TO THE SATISFACTION OF THE BOARD  THAT
SUCH APPLICANT MEETS ALL THE REQUIREMENTS FOR THE ISSUANCE OF A LICENSE,

A. 8359                             5

AND, IF THE BOARD IS NOT SATISFIED AS TO THE APPLICANT'S QUALIFICATIONS,
IT  MAY  DENY A LICENSE WITHOUT A PRIOR HEARING; PROVIDED, HOWEVER, THAT
THE APPLICANT SHALL BE ALLOWED TO APPEAR BEFORE THE BOARD IF HE  OR  SHE
SO DESIRES;
  (B) KNOWINGLY MADE MISLEADING, DECEPTIVE, UNTRUE OR FRAUDULENT REPRES-
ENTATIONS  IN  THE  PRACTICE  OF A BUSINESS OR PROFESSION LICENSED UNDER
THIS TITLE OR ON ANY DOCUMENT CONNECTED THEREWITH;  PRACTICED  FRAUD  OR
DECEIT OR INTENTIONALLY MADE A FALSE STATEMENT IN OBTAINING A LICENSE TO
PRACTICE SUCH LICENSED BUSINESS OR PROFESSION; OR MADE A FALSE STATEMENT
OR DECEPTIVE REGISTRATION WITH THE BOARD;
  (C)  BEEN  CONVICTED  OF  ANY  FELONY  OR OF ANY CRIME INVOLVING MORAL
TURPITUDE IN THE COURTS OF THIS STATE OR ANY OTHER STATE,  TERRITORY  OR
COUNTRY  OR IN THE COURTS OF THE UNITED STATES; AS USED IN THIS SUBDIVI-
SION THE TERM "FELONY" SHALL INCLUDE ANY OFFENSE WHICH, IF COMMITTED  IN
THIS  STATE, WOULD BE DEEMED A FELONY, WITHOUT REGARD TO ITS DESIGNATION
ELSEWHERE; AND, AS USED IN THIS SUBDIVISION, THE TERM "CONVICTION" SHALL
INCLUDE A FINDING OR VERDICT OF GUILTY OR A PLEA OF  GUILTY,  REGARDLESS
OF WHETHER AN APPEAL OF THE CONVICTION HAS BEEN SOUGHT;
  (D)  BEEN  ARRESTED,  CHARGED  AND SENTENCED FOR THE COMMISSION OF ANY
FELONY, OR ANY CRIME INVOLVING MORAL TURPITUDE, WHERE:
  (I) A PLEA OF NOLO CONTENDERE WAS ENTERED TO THE CHARGE; OR
  (II) AN ADJUDICATION OR SENTENCE WAS OTHERWISE WITHHELD OR NOT ENTERED
ON THE CHARGE.
  (E) HAD HIS OR HER  LICENSE  TO  PRACTICE  A  BUSINESS  OR  PROFESSION
LICENSED  UNDER  THIS TITLE REVOKED, SUSPENDED OR ANNULLED BY ANY LAWFUL
LICENSING AUTHORITY OTHER THAN THE BOARD; HAD OTHER DISCIPLINARY  ACTION
TAKEN  AGAINST  HIM  OR HER BY ANY SUCH LAWFUL LICENSING AUTHORITY OTHER
THAN THE BOARD; WAS DENIED  A  LICENSE  BY  ANY  SUCH  LAWFUL  LICENSING
AUTHORITY OTHER THAN THE BOARD, PURSUANT TO DISCIPLINARY PROCEEDINGS; OR
WAS  REFUSED  THE  RENEWAL  OF  A  LICENSE  BY ANY SUCH LAWFUL LICENSING
AUTHORITY OTHER THAN THE BOARD, PURSUANT TO DISCIPLINARY PROCEEDINGS;
  (F) ENGAGED IN ANY UNPROFESSIONAL, IMMORAL,  UNETHICAL,  DECEPTIVE  OR
DELETERIOUS  CONDUCT  OR  PRACTICE HARMFUL TO THE PUBLIC THAT MATERIALLY
AFFECTS THE FITNESS OF THE LICENSEE OR APPLICANT TO PRACTICE A  BUSINESS
OR  PROFESSION  LICENSED  UNDER  THIS TITLE, OR IS OF A NATURE LIKELY TO
JEOPARDIZE THE INTEREST OF THE PUBLIC; SUCH CONDUCT OR PRACTICE NEED NOT
HAVE RESULTED IN ACTUAL INJURY TO ANY PERSON OR BE DIRECTLY  RELATED  TO
THE  PRACTICE OF SUCH LICENSED BUSINESS OR PROFESSION BUT SHOWS THAT THE
LICENSEE OR APPLICANT HAS COMMITTED ANY ACT OR OMISSION WHICH IS  INDIC-
ATIVE  OF  BAD  MORAL  CHARACTER  OR UNTRUSTWORTHINESS.   UNPROFESSIONAL
CONDUCT SHALL ALSO INCLUDE ANY DEPARTURE FROM, OR THE FAILURE TO CONFORM
TO, THE MINIMAL STANDARDS OF ACCEPTABLE AND PREVAILING PRACTICE  OF  THE
BUSINESS OR PROFESSION LICENSED UNDER THIS TITLE;
  (G)  KNOWINGLY  PERFORMED  ANY  ACT  WHICH  IN  ANY WAY AIDS, ASSISTS,
PROCURES, ADVISES OR ENCOURAGES ANY UNLICENSED PERSON  OR  ANY  LICENSEE
WHOSE  LICENSE HAS BEEN SUSPENDED OR REVOKED BY A PROFESSIONAL LICENSING
BOARD TO PRACTICE A BUSINESS OR PROFESSION LICENSED UNDER THIS TITLE  OR
TO PRACTICE OUTSIDE THE SCOPE OF ANY DISCIPLINARY LIMITATION PLACED UPON
THE LICENSEE BY THE BOARD;
  (H)  VIOLATED  A STATUTE, LAW OR ANY RULE OR REGULATION OF THIS STATE,
ANY OTHER STATE, THE PROFESSIONAL LICENSING BOARD REGULATING  THE  BUSI-
NESS  OR PROFESSION LICENSED UNDER THIS TITLE, THE UNITED STATES, OR ANY
OTHER LAWFUL AUTHORITY, WITHOUT  REGARD  TO  WHETHER  THE  VIOLATION  IS
CRIMINALLY  PUNISHABLE,  WHEN  SUCH  STATUTE,  LAW OR RULE OR REGULATION
RELATES TO OR IN PART REGULATES THE PRACTICE OF A BUSINESS OR PROFESSION
LICENSED UNDER THIS TITLE AND WHEN THE LICENSEE OR  APPLICANT  KNOWS  OR

A. 8359                             6

SHOULD KNOW THAT SUCH ACTION VIOLATES SUCH STATUTE, LAW OR RULE OR REGU-
LATION;  OR  VIOLATED  A LAWFUL ORDER OF THE BOARD PREVIOUSLY ENTERED BY
THE BOARD IN A DISCIPLINARY HEARING, CONSENT DECREE,  OR  LICENSE  REIN-
STATEMENT;
  (I)  BEEN ADJUDGED MENTALLY INCOMPETENT BY A COURT OF COMPETENT JURIS-
DICTION WITHIN OR OUTSIDE OF THIS STATE;  ANY  SUCH  ADJUDICATION  SHALL
AUTOMATICALLY  SUSPEND  THE LICENSE OF ANY SUCH PERSON AND SHALL PREVENT
THE REISSUANCE OR RENEWAL OF ANY LICENSE SO SUSPENDED FOR SO LONG AS THE
ADJUDICATION OF INCOMPETENCE IS IN EFFECT; OR
  (J) DISPLAYED AN  INABILITY  TO  PRACTICE  A  BUSINESS  OR  PROFESSION
LICENSED UNDER THIS TITLE WITH REASONABLE SKILL AND SAFETY TO THE PUBLIC
OR  HAS  BECOME  UNABLE TO PRACTICE SUCH LICENSED BUSINESS OR PROFESSION
WITH REASONABLE SKILL AND SAFETY TO THE PUBLIC BY REASON OF  ILLNESS  OR
THE  USE  OF  ALCOHOL,  DRUGS, NARCOTICS, CHEMICALS OR ANY OTHER TYPE OF
MATERIAL.
  S 8753. VIOLATIONS. 1. ON AND AFTER TWELVE MONTHS FOLLOWING THE EFFEC-
TIVE DATE OF THIS ARTICLE, NO PERSON WITHOUT A LICENSE  AS  A  LACTATION
CONSULTANT  ISSUED  PURSUANT TO THIS ARTICLE SHALL USE THE TITLE "LACTA-
TION CONSULTANT," "LACTATION SPECIALIST," "BREASTFEEDING CONSULTANT," OR
"BREASTFEEDING SPECIALIST" OR  PRACTICE  LACTATION  CARE  AND  SERVICES,
PROVIDED  THAT THIS ARTICLE SHALL NOT PROHIBIT ANY PRACTICE OF LACTATION
CARE AND SERVICES THAT IS EXEMPT PURSUANT TO THE PROVISIONS SET FORTH IN
SECTION EIGHTY-SEVEN HUNDRED FIFTY-FIVE OF THIS ARTICLE.
  2. ANY PERSON VIOLATING THE PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION SHALL BE GUILTY OF A MISDEMEANOR.
  S  8754. HEARINGS AND PROCEEDINGS. HEARINGS AND PROCEEDINGS AUTHORIZED
UNDER THIS ARTICLE SHALL BE GOVERNED BY PROVISIONS OF THE STATE ADMINIS-
TRATIVE PROCEDURE ACT.
  S 8755. APPLICABILITY. NOTHING IN THIS ARTICLE SHALL BE  CONSTRUED  TO
AFFECT OR PREVENT:
  1.  PERSONS  LICENSED  TO PRACTICE THE PROFESSIONS OF DENTISTRY, MEDI-
CINE, OSTEOPATHY, CHIROPRACTIC, NURSING, PHYSICIAN, PHYSICIAN ASSISTANT,
SPECIAL ASSISTANT, DIETETICS AND NUTRITION OR MIDWIFERY FROM ENGAGING IN
THE PRACTICE OF LACTATION CARE AND SERVICES WHEN INCIDENTAL TO THE PRAC-
TICE OF THEIR PROFESSION, EXCEPT SUCH PERSONS SHALL NOT  USE  THE  TITLE
"LACTATION  CONSULTANT," "LACTATION SPECIALIST," "BREASTFEEDING CONSULT-
ANT," OR "BREASTFEEDING SPECIALIST";
  2. PRENATAL  AND  CHILDBIRTH  EDUCATORS  FROM  PERFORMING  NONCLINICAL
EDUCATION  FUNCTIONS  CONSISTENT  WITH  THE  ACCEPTED STANDARDS OF THEIR
RESPECTIVE OCCUPATIONS, EXCEPT SUCH PERSONS  SHALL  NOT  USE  THE  TITLE
"LACTATION  CONSULTANT," "LACTATION SPECIALIST," "BREASTFEEDING CONSULT-
ANT," OR "BREASTFEEDING SPECIALIST,"  OR  DESIGNATE  THEMSELVES  BY  ANY
OTHER  TERM  OR  TITLE  WHICH  IMPLIES THAT SUCH PERSON HAS THE CLINICAL
SKILLS AND ABILITIES ASSOCIATED WITH LICENSURE AS A  LACTATION  CONSULT-
ANT;
  3.  THE  PRACTICE OF LACTATION CARE AND SERVICES BY STUDENTS, INTERNS,
OR PERSONS PREPARING FOR THE PRACTICE OF  LACTATION  CARE  AND  SERVICES
UNDER  THE  QUALIFIED  SUPERVISION OF A LICENSED LACTATION CONSULTANT OR
ANY LICENSED PROFESSIONAL LISTED IN SUBDIVISION ONE OF THIS SECTION;
  4. EMPLOYEES OF THE UNITED STATES GOVERNMENT OR ANY BUREAU,  DIVISION,
OR  AGENCY  THEREOF  WHILE  IN  THE DISCHARGE OF THE EMPLOYEE'S OFFICIAL
DUTIES SO LONG AS SUCH EMPLOYEES ARE PERFORMING THEIR DUTIES WITHIN  THE
RECOGNIZED  CONFINES  OF  A  FEDERAL  INSTALLATION REGARDLESS OF WHETHER
JURISDICTION IS SOLELY FEDERAL OR CONCURRENT;

A. 8359                             7

  5. EMPLOYEES OF A DEPARTMENT, AGENCY OR DIVISION OF STATE, COUNTY,  OR
LOCAL  GOVERNMENT  FROM  ENGAGING  IN THE PRACTICE OF LACTATION CARE AND
SERVICES WITHIN THE DISCHARGE OF OFFICIAL DUTIES;
  6.   INDIVIDUAL  VOLUNTEERS  PROVIDING  LACTATION  CARE  AND  SERVICES
PROVIDED:
  (A) SUCH PERSONS SHALL  NOT  USE  THE  TITLE  "LACTATION  CONSULTANT,"
"LACTATION  SPECIALIST,"  "BREASTFEEDING  CONSULTANT," OR "BREASTFEEDING
SPECIALIST," OR STATE THAT THEY ARE LICENSED TO PRACTICE LACTATION  CARE
OR  DESIGNATE  THEMSELVES  BY ANY OTHER TERM OR TITLE WHICH IMPLIES THAT
SUCH PERSONS HAVE THE CLINICAL  SKILLS  AND  ABILITIES  ASSOCIATED  WITH
LICENSURE;
  (B)  THEIR VOLUNTEER SERVICE IS PERFORMED WITHOUT FEE OR OTHER FORM OF
COMPENSATION, MONETARY OR OTHERWISE,  FROM  THE  INDIVIDUALS  OR  GROUPS
SERVED; AND
  (C)  THE  INDIVIDUAL VOLUNTEER RECEIVES NO FORM OF COMPENSATION, MONE-
TARY OR OTHERWISE, EXCEPT FOR ADMINISTRATIVE EXPENSES SUCH  AS  MILEAGE;
AND
  7.  A NONRESIDENT IBCLC FROM PRACTICING LACTATION CARE AND SERVICES IN
THIS STATE FOR FIVE DAYS WITHOUT LICENSURE OR UP  TO  THIRTY  DAYS  WITH
LICENSURE  FROM  ANOTHER STATE IF THE REQUIREMENTS FOR LICENSURE IN SUCH
OTHER STATE ARE SUBSTANTIALLY EQUAL TO  THE  REQUIREMENTS  CONTAINED  IN
THIS ARTICLE.
  S  8756. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERA-
BLE, AND IF ANY COURT OF COMPETENT  JURISDICTION  DECLARES  ANY  PHRASE,
CLAUSE,  SENTENCE  OR  PROVISION  OF  THIS ARTICLE TO BE INVALID, OR ITS
APPLICABILITY TO  ANY  GOVERNMENT  AGENCY,  PERSON  OR  CIRCUMSTANCE  IS
DECLARED  INVALID, THE REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLI-
CABILITY SHALL NOT BE AFFECTED. THE PROVISIONS OF THIS ARTICLE SHALL  BE
LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law; provided, however, that any actions neces-
sary for the implementation of the provisions of this act on its  effec-
tive  date are authorized and directed to be completed on or before such
effective date.