S T A T E   O F   N E W   Y O R K
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                                   1189
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, PAULIN, MOSLEY, ENGLEBRIGHT, NIOU,
   CRESPO, WRIGHT, 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,
 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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02559-01-9

 A. 1189                             2
 
   §  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
 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

 A. 1189                             3
 
 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
 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

 A. 1189                             4
 
 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
 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-

 A. 1189                             5

 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; 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.