S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2297
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced   by  M.  of  A.  L. ROSENTHAL,  PAULIN,  ENGLEBRIGHT,  NIOU,
   J. RIVERA, ROZIC, STECK -- Multi-Sponsored by -- M.  of  A.  JONES  --
   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".
   §  2.  The  education  law is amended by adding a new article 166-A to
 read as follows:
                               ARTICLE 166-A
                           LACTATION CONSULTANTS
 SECTION 8750. LEGISLATIVE INTENT.
         8751. DEFINITIONS.
         8752. PRACTICE  OF  LACTATION  CONSULTATION  AND  USE  OF  TITLE
                 "LICENSED LACTATION CONSULTANT".
         8753. LACTATION   CONSULTANT  LICENSING  BOARD  COMPOSITION  AND
                 TERMS.
         8754. LACTATION CONSULTANT LICENSING BOARD RESPONSIBILITIES.
         8755. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         8756. EXEMPTIONS.
         8757. PROFESSIONAL MISCONDUCT.
   § 8750. LEGISLATIVE INTENT.  THE  LEGISLATURE  ACKNOWLEDGES  THAT  THE
 APPLICATION  OF SPECIFIC KNOWLEDGE AND SKILL IS REQUIRED TO EVALUATE AND
 MANAGE CLINICAL PROBLEMS IN LACTATION AND  BREASTFEEDING  THAT  DIMINISH
 THE  HEALTH AND WELL BEING OF FAMILIES AND ACKNOWLEDGES THAT THE RENDER-
 ING OF SUCH CARE IN INSTITUTIONAL AND PRIVATE PRACTICE SETTINGS REQUIRES
 TRAINED  AND  COMPETENT  PROFESSIONALS.  FURTHERMORE,  THE   LEGISLATURE
 DECLARES  IT  TO  BE  THE PURPOSE OF THIS ARTICLE TO PROTECT THE HEALTH,

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

                                                            LBD00828-01-1

 A. 2297                             2
 
 SAFETY AND WELFARE OF THE PUBLIC BY  PROVIDING  FOR  THE  LICENSURE  AND
 REGULATION  OF  THE ACTIVITIES OF PERSONS ENGAGED IN CLINICAL EVALUATION
 AND MANAGEMENT OF LACTATION AND BREASTFEEDING.
   §  8751.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. THE PRACTICE OF THE PROFESSION OF  "LACTATION  CONSULTATION"  SHALL
 MEAN  THE  CLINICAL  EVALUATION, MANAGEMENT, AND PROVISION OF PREVENTIVE
 MEDICAL COUNSELING TO ASSIST FAMILIES WITH LACTATION AND INFANT  FEEDING
 PROBLEMS  AND/OR  TO  PREPARE  FOR  NORMAL INFANT FEEDING. NORMAL INFANT
 FEEDING IS DEFINED AS BEING CONSISTENT WITH THE RECOMMENDATIONS  OF  THE
 AMERICAN  ACADEMY OF PEDIATRICS AND THE WORLD HEALTH ORGANIZATION RECOM-
 MENDATIONS.  SUCH SERVICES MAY INCLUDE, BUT MAY NOT BE LIMITED TO:
   (A) COLLECTING HEALTH AND FEEDING  HISTORIES  RELEVANT  TO  LACTATION,
 FEEDING FROM THE BREAST, HUMAN MILK FEEDING (FROM ASSISTIVE DEVICES SUCH
 AS  BOTTLES,  CUPS,  SYRINGES, FEEDING TUBES ETC.) AND/OR THE FEEDING OF
 SUBSTITUTES FOR HUMAN MILK;
   (B) CONDUCTING AN EVALUATION OF:
   I. THE BREASTS OF THE CLIENT WHO IS INTENDING  TO  LACTATE,  CURRENTLY
 LACTATING,  AND/OR  IN  THE  PROCESS  OF  CEASING  TO  LACTATE WHICH MAY
 INCLUDE, AS NEEDED, A PHYSICAL EXAMINATION;
   II. MILK PRODUCTION AND AS NEEDED, MILK  EXPRESSION  (MANUALLY  OR  BY
 OTHER MEANS USING TOOLS OF THE TRADE OR OTHER AIDS) TO INDUCE, MAINTAIN,
 AUGMENT, AND/OR REDUCE LACTATION;
   III.  THE  FEEDING BEHAVIOR WITH DIRECT FEEDING FROM THE BREAST AND/OR
 FEEDING USING ASSISTIVE FEEDING DEVICES, ON AND OFF THE BREAST;
   IV. THE SUCKING EFFICACY OF  THE  INFANT  OR  YOUNG  CHILD  WHICH  MAY
 INCLUDE,  AS NEEDED, A VISUAL OR DIGITAL EXAM OF THE INFANT'S ORAL CAVI-
 TY;
   V. THE ADEQUACY OF INTAKE AND GROWTH BY  THE  INFANT  OR  YOUNG  CHILD
 USING OBSERVATIONS OF SWALLOWING PATTERNS, WHICH MAY INCLUDE, BUT NOT BE
 LIMITED TO, THE USE OF A DIGITAL WEIGHING SCALE;
   (C)  DETERMINING  THE  NATURE AND SEVERITY OF ANY LACTATION OR FEEDING
 PROBLEMS BASED ON THE HISTORY AND EVALUATION;
   (D) DEMONSTRATION OF IMPROVED TECHNIQUES, SUPPLIES,  AND/OR  EQUIPMENT
 TO  IMPROVE  LACTATION,  FEEDING  FROM  THE  BREAST, HUMAN MILK FEEDING,
 AND/OR THE FEEDING OF SUBSTITUTES FOR HUMAN MILK AS NEEDED;
   (E) PROVISION OF PREVENTIVE CLINICAL CONSULTING  AND/OR  EDUCATION  TO
 THE CLIENT-DEFINED FAMILY;
   (F)  DEVELOPMENT  OF  A  PLAN  OF CARE IN CONSULTATION WITH THE FAMILY
 WHICH MAY INCLUDE, AS NEEDED, PROVISIONS FOR APPROPRIATE FOLLOW-UP;
   (G) COLLABORATION AND COMMUNICATION WITH OTHER HEALTH CARE PRACTITION-
 ERS AS NEEDED, INCLUDING REFERRALS  TO  OTHER  APPROPRIATE  HEALTH  CARE
 PRACTITIONERS  WHEN EXISTING PROBLEMS FALL OUTSIDE THE SCOPE OF LICENSED
 LACTATION CONSULTANTS.
   2. WHERE THE TITLE "LICENSED LACTATION CONSULTANT"  IS  USED  IN  THIS
 ARTICLE  IT SHALL MEAN A CLINICAL PRACTITIONER WHO EVALUATES AND MANAGES
 LACTATION AND INFANT FEEDING PROBLEMS AND PROVIDES  PREVENTIVE  CLINICAL
 CONSULTING  TO PREVENT OR MINIMIZE THE OCCURRENCE OF POTENTIAL PROBLEMS.
 THE TERM "INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANT (IBCLC)" IS
 RESERVED FOR THOSE WHO ARE CERTIFIED AND REGISTERED BY THE INTERNATIONAL
 BOARD OF LACTATION CONSULTANT EXAMINERS (IBLCE).
   3. "BOARD" SHALL MEAN  THE  STATE  BOARD  FOR  LACTATION  CONSULTATION
 CREATED BY SECTION EIGHTY-SEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE.
   §  8752. PRACTICE OF LACTATION CONSULTATION AND USE OF TITLE "LICENSED
 LACTATION CONSULTANT".   ONLY A  PERSON  LICENSED  PURSUANT  TO  SECTION

 A. 2297                             3
 
 EIGHTY-SEVEN HUNDRED FIFTY-FIVE OF THIS TITLE SHALL BE AUTHORIZED TO USE
 THE TITLE "LACTATION CONSULTANT" OR "LICENSED LACTATION CONSULTANT".
   §  8753.  LACTATION  CONSULTANT LICENSING BOARD COMPOSITION AND TERMS.
 1. (A) A STATE BOARD FOR LACTATION CONSULTATION SHALL  BE  APPOINTED  BY
 THE  BOARD  OF REGENTS ON THE RECOMMENDATION OF THE COMMISSIONER FOR THE
 PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON  MATTERS
 OF  PROFESSIONAL  LICENSING  AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH
 SECTION SIXTY-FIVE HUNDRED EIGHT OF  THIS  TITLE.  THE  BOARD  SHALL  BE
 COMPOSED OF NOT LESS THAN EIGHT MEMBERS. SEVEN MEMBERS OF THE BOARD MUST
 BE  LICENSED LACTATION CONSULTANTS, EXCEPT THAT THE MEMBERS OF THE FIRST
 BOARD WILL BE GRANDFATHERED AS ELIGIBLE FOR THE BOARD IF THEY REGISTERED
 AS IBCLCS AND HAVE BEEN ACTIVELY PRACTICING IN NEW YORK  STATE  FOR  THE
 PRECEDING FIVE YEARS.  ONE MEMBER OF THE BOARD WILL REPRESENT THE CLIENT
 OR CARE RECEIVING COMMUNITY.
   (B) AMONG THE SEVEN LICENSED LACTATION CONSULTANT MEMBERS:
   I.  SIX  OF  THE  SEVEN MUST HAVE FIVE YEARS OF EXPERIENCE IMMEDIATELY
 PRIOR TO APPOINTMENT TO THE BOARD, EXCEPT THAT FOR THE FIRST FIVE  YEARS
 AFTER  THE  ESTABLISHMENT  OF THE BOARD MAY COUNT PRIOR EXPERIENCE AS AN
 IBCLC; AND
   II. ONE OF THE SEVEN LICENSED MEMBERS MUST HAVE BEEN  LICENSED  WITHIN
 THE LAST TWO YEARS PRIOR TO APPOINTMENT TO THE BOARD.
   2.  AT  LEAST  TWO  LICENSED  LACTATION  CONSULTANT MEMBERS SHALL HAVE
 SPECIFIC EXPERIENCE IN THE LAST TWO YEARS AS:
   (A) OWNERS OF THEIR OWN PRACTICES;
   (B) EMPLOYEES IN A HOSPITAL SETTING OR A SIMILAR  LARGE  INSTITUTIONAL
 SETTING;
   (C) EMPLOYEES IN A PUBLIC HEALTH CLINIC OR SIMILAR SETTING SUCH AS THE
 FEDERAL  SPECIAL  SUPPLEMENTAL  NUTRITION PROGRAM FOR WOMEN, INFANTS AND
 CHILDREN; AND/OR
   (D) PARTICIPANTS IN  A  GROUP  PRACTICE,  EITHER  COMMUNITY  BASED  OR
 PRIVATE.
   AT  LEAST TWO MEMBERS MUST REPRESENT THE AUTONOMY OF THE PROFESSION BY
 HOLDING NO OTHER LICENSE THAN LICENSED LACTATION CONSULTANT.  REASONABLE
 ATTEMPTS  WILL  BE  MADE  TO  ENSURE DIVERSITY AMONG OTHER COMPLEMENTARY
 PROFESSIONAL LICENSES HELD BY BOARD MEMBERS WHO ARE  LICENSED  IN  ADDI-
 TIONAL PROFESSIONS.
   3.  OF  THE  MEMBERS FIRST APPOINTED, INITIALLY ONE SHALL BE APPOINTED
 FOR A ONE YEAR TERM, TWO SHALL BE APPOINTED FOR A TWO YEAR TERM AND  TWO
 SHALL  BE  APPOINTED FOR A THREE YEAR TERM, TWO SHALL BE APPOINTED FOR A
 FOUR YEAR TERM AND ONE SHALL BE APPOINTED FOR A FIVE YEAR TERM  SO  THAT
 AS NEARLY AS POSSIBLE AN EQUAL NUMBER OF SEATS ON THE BOARD SHALL TERMI-
 NATE  ANNUALLY  AS SPECIFIED IN SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS
 TITLE.  THEREAFTER ALL MEMBERS SHALL SERVE FOR FIVE  YEAR  TERMS.  BOARD
 MEMBERS MAY BE REAPPOINTED FOR A SECOND TERM.
   4.  MEMBERS  OF  THE BOARD MUST DECLARE THAT THEY WILL NOT VIOLATE THE
 INTERNATIONAL CODE OF MARKETING OF BREAST-MILK SUBSTITUTES. DURING THEIR
 TERM, BOARD MEMBERS MAY NOT ENGAGE IN ACTIVITIES WHICH  MIGHT  CREATE  A
 FINANCIAL  OR  PROFESSIONAL  CONFLICT  OF  INTEREST WITH THEIR DUTIES TO
 UPHOLD THE STANDARDS OF THE LICENSING FOR THE  PROFESSION.  SUCH  ACTIV-
 ITIES SHALL INCLUDE, BUT ARE NOT LIMITED TO OWNING, SITTING ON THE BOARD
 OF,  BEING  AN  EMPLOYEE OF, OR HOLDING A FINANCIAL INTEREST IN AN INDE-
 PENDENTLY ACCREDITED CERTIFICATION AND EXAMINATION PROGRAM FOR LACTATION
 CONSULTANTS.
   § 8754. LACTATION CONSULTANT LICENSING BOARD  RESPONSIBILITIES.    THE
 PURPOSE  OF  THE  LACTATION  CONSULTANT LICENSING BOARD IS TO ASSIST THE
 BOARD OF REGENTS ON MATTERS  OF  PROFESSIONAL  LICENSING,  PRACTICE  AND

 A. 2297                             4
 
 CONDUCT.  AS  STATED  IN SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE,
 EACH MEMBER OF THE BOARD SHALL RECEIVE AN HONORARIUM UP TO  ONE  HUNDRED
 DOLLARS  AS  PRESCRIBED  BY THE BOARD OF REGENTS FOR EACH DAY DEVOTED TO
 BOARD  WORK,  AND SHALL BE REIMBURSED FOR NECESSARY EXPENSES.  THE BOARD
 SHALL ELECT FROM ITS MEMBERS  A  CHAIRMAN  AND  VICE-CHAIRMAN  ANNUALLY,
 SHALL MEET UPON CALL OF CHAIRMAN OR THE DEPARTMENT, AND MAY ADOPT BYLAWS
 CONSISTENT  WITH  THIS  TITLE  AND  APPROVED  BY THE BOARD OF REGENTS. A
 QUORUM FOR THE TRANSACTION OF  BUSINESS  BY  THE  BOARD  SHALL  BE  FIVE
 MEMBERS. THE BOARD MUST PROVIDE FOR A PERIOD OF PUBLIC COMMENTARY BEFORE
 CHANGES ARE MADE TO THE REQUIREMENTS FOR LICENSURE FOR LACTATION CONSUL-
 TATION.  AN  EXECUTIVE  SECRETARY  SHALL  BE  APPOINTED  BY THE BOARD OF
 REGENTS ON THE RECOMMENDATION OF  THE  COMMISSION.  ANY  MEMBER  MAY  BE
 REMOVED  FROM A BOARD BY THE BOARD OF REGENTS FOR MISCONDUCT, INCAPACITY
 OR NEGLECT OF DUTY.
   § 8755. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  LACTATION  CONSULTANT,  AN  APPLICANT  SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   1. APPLICATION. FILE AN APPLICATION WITH THE DEPARTMENT AND PROVIDE:
   (A) A COPY OF A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT.
   (B) TRANSCRIPTS AND OTHER  DOCUMENTATION  SHOWING  COMPLETION  OF  THE
 SPECIFIED  PREREQUISITES  AND  LACTATION SPECIFIC EDUCATION, EXCEPT THAT
 THOSE WHO SUBMIT PROOF THAT THEY WERE CERTIFIED BY THE  IBLCE  PRIOR  TO
 ENACTMENT OF THIS ARTICLE, WILL BE GRANDFATHERED AS EXEMPT.
   (C)  AN  AUTHORIZED CERTIFICATION OF COMPLETION (OR EXEMPTION) FOR THE
 NEW YORK STATE MANDATED TWO HOURS OF COURSEWORK OR TRAINING  RELATED  TO
 CHILD ABUSE.
   (D)  DOCUMENTATION  VERIFYING THREE HUNDRED CLINICAL HOURS BY AN IBLCE
 WERE COMPLETED CONCURRENTLY OR AFTER COMPLETING   THE PREREQUISITES  AND
 LACTATION  SPECIFIC  COURSEWORK, EXCEPT THAT THOSE WHO SUBMIT PROOF THAT
 THEY WERE CERTIFIED BY THE IBCLC PRIOR TO  ENACTMENT  OF  THIS  ARTICLE,
 WILL BE GRANDFATHERED AS EXEMPT.
   (E)  PROOF  OF HAVING PASSED THE COMPREHENSIVE LACTATION EXAM ADMINIS-
 TERED BY THE IBLCE  (OR  AN  EQUIVALENT  OR  HIGHER  LEVEL  EXAM)  AFTER
 COMPLETION OF THE EDUCATIONAL AND SUPERVISION REQUIREMENTS.
   2. PREREQUISITES.
   (A)  ATTAIN  A  HIGH SCHOOL DIPLOMA OR THE EQUIVALENT (E.G. A NEW YORK
 STATE HIGH SCHOOL EQUIVALENCY DIPLOMA VIA THE TEST  ASSESSING  SECONDARY
 COMPLETION  AFTER  JANUARY  SECOND, TWO THOUSAND EIGHTEEN OR THE GENERAL
 EDUCATIONAL DEVELOPMENT).
   (B) COMPLETE AT LEAST TWENTY-FOUR SEMESTER CREDITS IN  HEALTH  SCIENCE
 COURSES  FROM  AN  ACCREDITED  INSTITUTION  OF HIGHER LEARNING, ADVANCED
 PLACEMENT HIGH SCHOOL CLASSES AND/OR RECEIVE THE EQUIVALENT CREDIT  FROM
 COLLEGE  LEVEL  EXAMINATION  PROGRAM  THROUGH  INDEPENDENT STUDY. COURSE
 CONTENT MAY INCLUDE, BUT IS NOT  LIMITED  TO,  BIOLOGY,  HUMAN  ANATOMY,
 HUMAN  PHYSIOLOGY,  INFANT  AND CHILD GROWTH AND DEVELOPMENT, NUTRITION,
 PSYCHOLOGY AND/OR COUNSELING OR COMMUNICATION SKILLS, AND  SOCIOLOGY  OR
 CULTURAL SENSITIVITY OR CULTURAL ANTHROPOLOGY.
   (C) COMPLETE COURSEWORK OR TRAINING OFFERED BY AN INSTITUTION OF HIGH-
 ER  LEARNING  OR  CONTINUING  EDUCATION  COURSES  IN BASIC LIFE SUPPORT,
 MEDICAL DOCUMENTATION,  MEDICAL  TERMINOLOGY,  OCCUPATIONAL  SAFETY  AND
 SECURITY  FOR  HEALTH  PROFESSIONAL, UNIVERSAL PRECAUTIONS AND INFECTION
 CONTROL AND PROFESSIONAL ETHICS FOR HEALTH PROFESSIONALS.
   (D) FURTHER, AS MANDATED BY THE STATE OF  NEW  YORK  FOR  PROFESSIONS,
 COMPLETE TWO HOURS OF TRAINING RELATED TO CHILD ABUSE.
   3.  EDUCATION IN HUMAN LACTATION AND BREASTFEEDING.  WITHIN FIVE YEARS
 PRIOR TO SITTING FOR THE EXAM, COMPLETE AT LEAST NINETY HOURS  IN  HUMAN

 A. 2297                             5
 
 LACTATION  AND  BREASTFEEDING  THAT  HAVE  BEEN VERIFIED BY IBLCE OR THE
 EQUIVALENT FROM ANY  OTHER  CERTIFYING  BODY  THAT  PROVIDES  CONTINUING
 EDUCATION  RECOGNITION  POINTS AS DETERMINED BY THE BOARD AND IN ACCORD-
 ANCE  WITH  THE  COMMISSIONER'S  REGULATIONS  AND IN COMPLIANCE WITH THE
 INTERNATIONAL CODE OF MARKETING OF BREASTMILK SUBSTITUTES.
   4. SUPERVISED EXPERIENCE. AFTER HAVING COMPLETED THE PREREQUISITES AND
 EDUCATIONAL REQUIREMENTS LISTED  ABOVE,  COMPLETE  A  MINIMUM  OF  THREE
 HUNDRED  DIRECTLY  SUPERVISED  HOURS OF CLINICAL PRACTICE EVALUATING AND
 MANAGING LACTATION AND INFANT FEEDING PROBLEMS. CHIEF  SUPERVISORS  MUST
 HAVE  AT  LEAST FIVE YEARS EXPERIENCE AS A LICENSED LACTATION CONSULTANT
 OR, DURING THE FIRST FIVE YEARS AFTER THE ENACTMENT OF THIS ARTICLE, THE
 EQUIVALENT EXPERIENCE AS AN IBCLC. APPLICANTS WHO LIVE IN GEOGRAPHICALLY
 ISOLATED AREAS THAT RENDER DIRECT  SUPERVISION  INFEASIBLE  MAY,  ON  AN
 INDIVIDUAL  BASIS, HAVE THEIR CHIEF SUPERVISOR SUBMIT A PLAN FOR CONSID-
 ERATION BY THE BOARD THAT DESCRIBES HOW THE SUPERVISOR WILL SUPPORT  AND
 EVALUATE THE ACQUISITION OF THE CLINICAL SKILLS REQUIRED FOR THE PROFES-
 SION  OF  LACTATION  AS DEFINED IN THIS ARTICLE. SUCH A PLAN MAY INCLUDE
 OPTIONS SUCH AS IN-PERSON WORKSHOPS OF MASTERY OF  SKILLS  THAT  REQUIRE
 DIRECT  PHYSICAL CONTACT AND ELECTRONIC SUPERVISION FOR MASTERY OF THOSE
 SKILLS THAT DO NOT. THE PLAN MUST ENCOMPASS  THE  COMPETENCIES  FOR  THE
 PRACTICE  OF  INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANTS BY THE
 IBLCE OR AN EQUIVALENT OR HIGHER LEVEL OF COMPETENCIES AS DETERMINED  BY
 THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   5. EXAMINATION. AFTER HAVING COMPLETED THE EDUCATIONAL AND SUPERVISION
 REQUIREMENTS,  PASS  THE EXAM ADMINISTERED BY THE IBLCE OR ANOTHER EXAM-
 INATION DETERMINED BY THE BOARD TO HAVE THE EQUIVALENT OR HIGHER  STAND-
 ARDS AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   6.  REREGISTRATION.  COMPLETE  AT LEAST FORTY-FIVE HOURS OF CONTINUING
 EDUCATION IN LACTATION, RELATED FIELDS AND ETHICS EVERY THREE  YEARS  AS
 APPROVED  BY THE IBLCE OR ANY OTHER CERTIFYING BODY THAT IS CREDENTIALED
 TO PROVIDE CONTINUING  EDUCATION  RECOGNITION  POINTS  BY  THE  NATIONAL
 COMMISSION  FOR  CERTIFYING  AGENCIES  OF THE INSTITUTE OF CREDENTIALING
 EXCELLENCE AND DETERMINED BY THE BOARD TO HAVE THE EQUIVALENT OR  HIGHER
 STANDARDS AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   7. AGE. BE AT LEAST TWENTY-ONE YEARS OF AGE.
   8.  CHARACTER. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   9. FEE. PAY A FEE TO BE DETERMINED FOR INITIAL LICENSURE, AND A FEE TO
 BE DETERMINED FOR EACH TRIENNIAL REGISTRATION.
   § 8756. EXEMPTIONS. 1.  AS PROVIDED IN SECTION SIXTY-FIVE HUNDRED FIVE
 OF THIS TITLE, THIS ARTICLE REAFFIRMS THAT NO DEFINITION OF THE PRACTICE
 OF LACTATION CONSULTATION SHALL BE CONSTRUED TO RESTRAIN OR RESTRICT THE
 PERFORMANCE OF SIMILAR ACTS  AUTHORIZED  IN  THE  DEFINITIONS  OF  OTHER
 PROFESSIONS.
   2.  FURTHERMORE,  NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED
 TO PROHIBIT OR LIMIT THE  PRACTICE  OF  STUDENTS,  INTERNS,  OR  PERSONS
 PREPARING  FOR LACTATION CONSULTATION UNDER THE QUALIFIED SUPERVISION OF
 THE LICENSEE.
   § 8757. PROFESSIONAL MISCONDUCT. IN ADDITION  TO  THE  DEFINITIONS  OF
 MISCONDUCT UNDER SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE, IT SHALL
 FURTHER  CONSTITUTE PROFESSIONAL MISCONDUCT TO DISCRIMINATE ON THE BASIS
 OF GENDER IDENTITY, OR SEXUAL ORIENTATION OR STATUS AS A LEGAL  GUARDIAN
 (OR  IN  THE PROCESS OF BECOMING A LEGAL GUARDIAN) OF AN INFANT OR CHILD
 WHO IS NOT BIOLOGICALLY RELATED TO THAT INFANT OR CHILD.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-

 A. 2297                             6
 
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this  act on its effective date is authorized to be made and
 completed on or before such effective date.