EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00951-01-3
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§ 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
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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
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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-
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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-
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.