S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    357
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 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".
   § 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,
 SAFETY  AND  WELFARE  OF  THE  PUBLIC BY PROVIDING FOR THE LICENSURE AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01708-01-7

 A. 357                              2
 
 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, AREOLA, AND NIPPLES OF THE PERSON WHO IS INTENDING  TO
 LACTATE,  CURRENTLY  LACTATING,  AND/OR  IN  THE  PROCESS  OF CEASING TO
 LACTATE WHICH MAY INCLUDE, AS NEEDED, A PHYSICAL EXAMINATION WITH APPRO-
 PRIATE INFORMED CONSENT;
   II. MILK PRODUCTION AND AS NEEDED, MILK  EXPRESSION  (BY  HAND  AND/OR
 WITH  MECHANICAL  PUMPS)  TO  INDUCE,  MAINTAIN,  AUGMENT, AND/OR REDUCE
 LACTATION;
   III. THE FULL CYCLE OF FEEDING BEHAVIOR FORM AROUSAL TO  SATIETY  WITH
 DIRECT  FEEDING  FROM  THE BREAST AND/OR FEEDING USING ASSISTIVE (ON THE
 BREAST) AND ALTERNATIVE (NOT ON THE BREAST) FEEDING DEVICES;
   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, WITH APPROPRIATE INFORMED CONSENT;
   V. THE ADEQUACY OF INTAKE BY THE INFANT OR YOUNG CHILD USING  OBSERVA-
 TIONS OF SWALLOWING PATTERNS, WHICH MAY INCLUDE, AS NEEDED, THE USE OF A
 DIGITAL WEIGHING SCALE;
   VI.  THE  ADEQUACY  OF  INFANT GROWTH USING EXISTING RECORDS WHICH MAY
 INCLUDE, AS NEEDED, THE USE OF A 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;
   (E) PROVISION OF PREVENTIVE MEDICAL COUNSELING 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  MEDICAL
 COUNSELING  TO  PREVENT OR MINIMIZE THE OCCURRENCE OF SUCH 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.

 A. 357                              3
 
   § 8752. PRACTICE OF LACTATION CONSULTATION AND USE OF TITLE  "LICENSED
 LACTATION  CONSULTANT".    ONLY  A  PERSON  LICENSED PURSUANT TO SECTION
 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 PROCESSIONAL 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 NEED NOT BE LICENSED, BUT WILL BE GRANDFATHERED  AS  ELIGIBLE  FOR
 THE  BOARD  IF  THEY  REGISTERED AS IBCLCS. ONE MEMBER OF THE BOARD WILL
 REPRESENT THE CONSUMER AND THE GENERAL PUBLIC.
   (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;
   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; AND/OR
   (C) EMPLOYEES IN A PUBLIC HEALTH CLINIC OR SIMILAR SETTING SUCH AS THE
 FEDERAL SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR  WOMEN,  INFANTS  AND
 CHILDREN.
   AT  LEAST ONE MEMBER MUST HAVE EXPERIENCE RUNNING PEER SUPPORT GROUPS.
 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. 357                              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 SHOWING COMPLETION OF THE SPECIFIED PREREQUISITES  AND
 LACTATION  SPECIFIC  EDUCATION,  EXCEPT THAT THOSE WHO SUBMIT PROOF THAT
 THEY WERE CERTIFIED BY THE IBCLC 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)  A  CERTIFICATE  OF SUPERVISED EXPERIENCE DOCUMENTING THE DIRECTLY
 SUPERVISED CLINICAL HOURS WERE COMPLETED AFTER COMPLETING THE  PREREQUI-
 SITES  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 FOURTEEN OR THE GENERAL
 EDUCATIONAL DEVELOPMENT).
   (B) COMPLETE AT LEAST THIRTY SEMESTER CREDITS IN HEALTH SCIENCE COURS-
 ES 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  PHYSIOL-
 OGY,  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. 357                              5

 LACTATION  AND BREASTFEEDING THAT HAVE BEEN VERIFIED AND APPROVED BY THE
 IBLCE OR THE SUBSTANTIAL EQUIVALENT FROM 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 AS DETERMINED BY THE BOARD  AND  IN  ACCORDANCE
 WITH THE COMMISSIONER'S REGULATIONS.
   4. SUPERVISED EXPERIENCE. AFTER HAVING COMPLETED THE PREREQUISITES AND
 EDUCATIONAL  REQUIREMENTS  LISTED  ABOVE,  COMPLETE  A  MINIMUM  OF FIVE
 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  ACT.  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 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.  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.
   FURTHERMORE, NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO:
   1.  PROHIBIT  OR  LIMIT  THE PRACTICE OF STUDENTS, INTERNS, OR PERSONS
 PREPARING FOR LACTATION CONSULTATION UNDER THE QUALIFIED SUPERVISION  OF
 THE LICENSEE.
   2.  PROHIBIT  OR LIMIT LACTATION AND BREASTFEEDING COUNSELING PROVIDED
 THROUGH THE FEDERAL SPECIAL SUPPLEMENTAL NUTRITION  PROGRAM  FOR  WOMEN,
 INFANTS AND CHILDREN OR ANY OTHER GOVERNMENTAL PROGRAM WITH A FEDERAL OR
 STATE MANDATE TO PROVIDE SUCH COUNSELING.
   3.  PROHIBIT  OR  LIMIT PEER-TO-PEER LACTATION AND BREASTFEEDING COUN-
 SELING.

 A. 357                              6
 
   § 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; 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.