S2019

An Act providing for the licensing of lactation consultants, supplementing Title 45 of the Revised Statutes and amending P.L.1971, c.60, P.L.1974, c.46 and P.L.1978, c.73.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known and may be cited as the "Lactation Consultants Licensing Act."

2. (New section) The Legislature finds and declares 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. It is the purpose of this act to protect the health, safety and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in lactation care and services.

3. (New section) As used in this act:

"Board" means the State Board of Lactation Consultants established pursuant to section 4 of this act.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

“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 independent clinical practice.

“International Board of Lactation Consultant Examiners (IBLCE)” means the international organization that certifies IBCLCs and is independently accredited by the National Commission of Certifying Agencies.

"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 consultation to provide lactation care and services to childbearing families. Lactation care and services includes but is not limited to:

(1) lactation assessment through the systematic collection of subjective and objective data;

(2) analysis of data and creation of a plan of care;

(3) implementation of a lactation care plan with demonstration and instruction to parents and communication to the primary health care provider;

(4) evaluation of outcomes;

(5) provision of lactation education to parents and health care providers; and

(6) the recommendation and use of assistive devices.

"Lactation consultant" means a person who is licensed to practice lactation care and services pursuant to the provisions of this act.

“Practice” means rendering or offering to render any lactation care and services to any individual, family, or group of individuals.

4. (New section) There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Lactation Consultants. The board shall consist of seven members who are residents of the State, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.). The remaining four members shall be, except for the members first appointed, licensed lactation consultants under the provisions of this act and shall have been actively engaged in the practice of lactation care and services in the State for at least one year immediately preceding their appointment.

The Governor shall appoint the public members and the State executive department member and shall appoint the remaining four members with the advice and consent of the Senate. Each member, other than the State executive department member, shall be appointed for a term of three years, except that of the lactation conusltant members first appointed, two shall serve for a term of three years, one shall serve for a term of two years and one shall serve for a term of one year. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided by the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which the member has been appointed.

5. (New section) Notwithstanding the provisions of section 2 of P.L.1977, c.285 (C.45:1-2.5) or any other law to the contrary, the members of the board shall serve without compensation, and shall not be entitled to receive any pension or health benefits based upon their service as members of the board, but shall be reimbursed for expenses and provided with office and meeting facilities pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5).

6. (New section) The board shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and vice‑chairperson, and a secretary who need not be a member of the board. The board shall meet twice a year and may hold additional meetings as necessary to discharge its duties. A majority of the board membership shall constitute a quorum.

7. (New section) The board shall:

a. Review the qualifications of applicants for licensure;

b. Adopt a code of ethics;

c. Insure the proper conduct and standards of examinations;

d. Issue and renew biennial licenses for lactation consultants pursuant to this act;

e. Refuse to admit a person to an examination or refuse to issue or suspend, revoke, or fail to renew the license of a lactation conusltant pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

f. Maintain a record of every lactation consultant licensed in this State, their place of business, place of residence, and the date and number of their license;

g. Prescribe or change the charges for examinations, licenses, renewals, and other services it performs pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.), and set the passing score on any examination it adopts as a licensure examination;

h. Establish rules and regulations with respect to continuing education requirements; and

i. Adopt and promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.

8. (New section) No person shall practice lactation care or services, either compensated or not, unless the person holds a valid license to practice as a lactation consultant in this State, except nothing in this act shall be construed to prohibit:

a. (1) A person licensed to practice pursuant to Title 45 of the Revised Statutes from engaging in the practice or teaching of lactation care and services within the scope of that person’s license; or (2) any other person licensed to practice or certified to teach in this State under any other law from engaging in the practice or teaching for which that person is licensed, regulated, or certified;

b. Any student enrolled in a school or post-graduate course of lactation care and services recognized by the board from performing that which is necessary to the student's course of study;

c. Any person from practicing lactation care and services within the scope of the person’s official duties when employed by a department, agency, bureau, division, or other unit of the federal government, serving in the Armed Forces of the United States, or employed by any State institution or facility;

d. Individual volunteers providing lactation care and services, provided that person’s volunteer service is performed without a fee or other form of compensation, monetary or otherwise, from the individuals or groups served; and

e. A nonresident IBCLC with a certificate from the IBLCE from practicing lactation care and services in this State for up to five days without licensure or up to 30 days with licensure from another state if the requirements for licensure in that other state are substantially equal to the requirements contained in this act, as determined by the board.

9. (New section) To be eligible to be licensed as a lactation consultant, an applicant shall fulfill the following requirements:

a. Be at least 18 years of age;

b. Be of good moral character; and

c. (1) meet the international education and clinical standards established for IBCLCs by the IBCLE or other national testing service as approved by the board; and

(2) provide proof of successful completion of the IBLCE examination or other examination as approved by the board.

10. (New section) The board shall issue a license to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this act.

All licenses shall be issued for a two-year period upon the payment of the licensure fee prescribed by the board, and shall be renewed upon filing of a renewal application, the payment of a licensure fee, and presentation of satisfactory evidence that the renewal applicant has successfully completed any continuing education requirements prescribed by the board by regulation.

11. (New section) Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board shall license without examination a lactation consultant who is licensed, registered or certified by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this State.

12. (New section) No person, business entity or its employees, agents, or representatives shall use the titles “lactation consultant,” “lactation specialist,” breastfeeding consultant,” or “breastfeeding specialist” or any other title, designation, words, letters, abbreviations, or insignia indicating the practice of lactation care and services unless licensed to practice lactation care and services under the provisions of this act.

13. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows:

1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board of Examiners, the New Jersey Cemetery Board, the State Board of Polysomnography, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State Board of Lactation Consultants, and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2012, c.71, s.13)

14. Section 2 of P.L.1971, c.60 (C.45:1-2.2) is amended to read as follows:

2. a. All members of the several professional boards and commissions shall be appointed by the Governor in the manner prescribed by law; except in appointing members other than those appointed pursuant to subsection b. or subsection c., the Governor shall give due consideration to, but shall not be bound by, recommendations submitted by the appropriate professional organizations of this State.

b. In addition to the membership otherwise prescribed by law, the Governor shall appoint in the same manner as presently prescribed by law for the appointment of members, two additional members to represent the interests of the public, to be known as public members, to each of the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Social Work Examiners, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, and the State Board of Veterinary Medical Examiners, and one additional public member to each of the following boards: the Board of Examiners of Electrical Contractors, the State Board of Marriage and Family Therapy Examiners, the State Board of Examiners of Master Plumbers, the State Board of Lactation Consultants, and the State Real Estate Appraiser Board. Each public member shall be appointed for the term prescribed for the other members of the board or commission and until the appointment of his successor. Vacancies shall be filled for the unexpired term only. The Governor may remove any such public member after hearing, for misconduct, incompetency, neglect of duty or for any other sufficient cause.

No public member appointed pursuant to this section shall have any association or relationship with the profession or a member thereof regulated by the board of which he is a member, where such association or relationship would prevent such public member from representing the interest of the public. Such a relationship includes a relationship with members of one's immediate family; and such association includes membership in the profession regulated by the board. To receive services rendered in a customary client relationship will not preclude a prospective public member from appointment. This paragraph shall not apply to individuals who are public members of boards on the effective date of this act.

It shall be the responsibility of the Attorney General to insure that no person with the aforementioned association or relationship or any other questionable or potential conflict of interest shall be appointed to serve as a public member of any board regulated by this section.

Where a board is required to examine the academic and professional credentials of an applicant for licensure or to test such applicant orally, no public member appointed pursuant to this section shall participate in such examination process; provided, however, that public members shall be given notice of and may be present at all such examination processes and deliberations concerning the results thereof, and, provided further, that public members may participate in the development and establishment of the procedures and criteria for such examination processes.

c. The Governor shall designate a department in the Executive Branch of the State Government which is closely related to the profession or occupation regulated by each of the boards or commissions designated in section 1 of P.L.1971, c.60 (C.45:1-2.1) and shall appoint the head of such department, or the holder of a designated office or position in such department, to serve without compensation at the pleasure of the Governor as a member of such board or commission.

d. A majority of the voting members of such boards or commissions shall constitute a quorum thereof and no action of any such board or commission shall be taken except upon the affirmative vote of a majority of the members of the entire board or commission.

(cf: P.L.2012, c.71, s.14)

15. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:

1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the New Jersey Cemetery Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Orthotics and Prosthetics Board of Examiners, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State Board of Lactation Consultants, and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L. 2012, c.71, s.15)

16. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:

2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Acupuncture Advisory Committee, the Alcohol and Drug Counselor Committee, the Athletic Training Advisory Committee, the Certified Psychoanalysts Advisory Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Interior Design Examination and Evaluation Committee, the Hearing Aid Dispensers Examining Committee, the Perfusionists Advisory Committee, the Physician Assistant Advisory Committee, the Audiology and Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee, the State Board of Lactation Consultants, and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.

(cf: P.L.2013, c.253, s.34)

17. This act shall take effect immediately, except that section 8 of this act shall take effect one year after the date of enactment.

STATEMENT

This bill, which is designated the “Lactation Consultants Licensing Act,” provides for the licensure of lactation consultants in this State.

The bill establishes a seven-member State Board of Lactation Consultants (hereinafter referred to as “the board”), in the Division of Consumer Affairs in the Department of Law and Public Safety, to oversee the licensure of individuals practicing lactation care and services, including: four licensed lactation consultants; two public members; and a State executive department member. The membersof the board are to serve without compensation but be reimbursed for expenses and provided with office and meeting facilities.

The bill requires an applicant for licensure as a lactation consultant to be at least 18 years old and of good moral character, and to meet the following requirements:

(1) meet the international education and clinical standards established for International Board Certified Lactation Consultants by the International Board of Lactation Consultant Examiners (IBLCE) or other national testing service as approved by the board; and

(2) provide proof of successful completion of the IBLCE examination or other examination as approved by the board.

The bill prohibits any person from practicing lactation care and services in this State unless that person holds a valid license, but allows exceptions for: persons licensed to practice pursuant to Title 45 of the Revised Statutes who are engaged in the practice or teaching of lactation services and care within the scope of their license or any other persons licensed to practice or certified to teach in this State under any other law who are engaged in the practice or teaching for which they are licensed, regulated, or certified; certain persons for educational purposes; federal government employees, persons serving in the Armed Forces, and employees of any State institution or facility, who are practicing lactation care and services within the scope of their official duties; certain persons who provide lactation care and services without compensation; and nonresident IBCLCs with a certificate from the IBLCE for practicing lactation care and services in this State for up to five days without licensure or up to 30 days with licensure from another state if the requirements for licensure in that other state are substantially equal to the requirements contained in the bill, as determined by the board.

The bill provides for the licensure by the board of lactation consultants who have been licensed, registered, or certified in another state, which has standards substantially equivalent to those of this State.