Bill H.3795

HOUSE DOCKET, NO. 3108 FILED ON: 2/18/2021

HOUSE . . . . . . . . . . . . . . . No. 3795

By Ms. Decker of Cambridge, a petition (accompanied by bill, House, No. 3795) of Marjorie C. Decker for legislation to improve access to breastfeeding care. Public Health.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to improve access to breastfeeding care.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 11A of chapter 13 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be a board of allied health professions, hereinafter called the board, which shall consist of 12 members to be appointed by the governor. Members of the board shall be residents of the commonwealth and citizens of the United States. Three of such members shall be athletic trainers licensed in accordance with section 23B of chapter 112; 2 of such members shall be occupational therapists licensed in accordance with said section 23B; 1 such member shall be an occupational therapy assistant licensed in accordance with said section 23B; 2 of such members shall be physical therapists licensed in accordance with said section 23B; 1 such member shall be a physical therapist assistant licensed in accordance with said section 23B; 1 such member shall be a lactation consultant licensed in accordance with said section 23B; 1 such member shall be a physician licensed in accordance with section 2 of chapter 112; and 1 such member shall be selected from and shall represent the general public.

SECTION 2. Section 23A of chapter 112 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Board” the following two definitions:-

“Lactation care and services”, 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 families; provided, however, that lactation care and services shall include, but shall not be limited to: (i) lactation assessment through the systematic collection of subjective and objective data; (ii) analysis of data and creation of a plan of care; (iii) development and implementation of a lactation care plan with demonstration and instruction to parents and communication to the primary health care provider; (iv) provision of lactation education to parents and health care providers; and (v) recommendation and use of assistive devices.

“Lactation consultant”, a person who is duly licensed to practice lactation care and services in accordance with section 23B.

SECTION 3. Section 23B of said chapter 112, as so appearing, is hereby amended by striking out, in line 8, the words “and physical therapist assistants” and inserting in place thereof the following words: - , physical therapist assistants and lactation consultants.

SECTION 4. Section 23C of said chapter 112, as so appearing, is hereby amended by inserting after the word “assistant”, in line 4, the following words: - or lactation consultant.

SECTION 5. Said section 23C of said chapter 112, as so appearing, is hereby further amended by inserting after the word “chapter”, in line 11, the following words:- ; as a lactation consultant duly licensed under this chapter.

SECTION 6. Section 23D of said chapter 112, as so appearing, is hereby amended by inserting after the words “physical therapist assistant”, in line 3, the following words:- , or lactation consultant.

SECTION 7. Clause (b) of section 23E of said chapter 112, as so appearing, is hereby amended by inserting after the word “assistant”, in line 8, the following words:- or lactation consultant.

SECTION 8. Clause (c) of said section 23E of said chapter 112, as so appearing, is hereby amended by inserting after the word “therapy”, in line 14, the following words:- or lactation care and services.

SECTION 9. Clause (e) of said section 23E of said chapter 112, as so appearing, is hereby amended by inserting after the words “physical therapy services”, in line 21, the following words:- or lactation care and services.

SECTION 10. Said clause (e) of said section 23E of said chapter 112, as so appearing, is hereby further amended by inserting after the words “physical therapist”, in line 24, the following words:- or lactation consultant.

SECTION 11. Said chapter 112 is hereby amended by inserting after section 23J the following section:-

Section 23J½. An applicant for licensure as a lactation consultant shall be certified by the international board of lactation consultant examiners as an international board certified lactation consultant.

SECTION 12. Clause (c) of section 23K of said chapter 112, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “physical therapy”, in line 9, the following words:- or lactation care and services.

SECTION 13. Section 23L of said chapter 112, as so appearing, is hereby amended by inserting after the words “physical therapist assistant”, in line 3, the following words:- or lactation consultant.

SECTION 14. Said chapter 112 is hereby amended by inserting after section 23P½ the following section:-

Section 23P¾. (a) No person shall hold themselves out to others as a lactation consultant unless they hold a valid license issued in accordance with this chapter.

(b) Nothing shall prevent the practice of lactation care and services by members of other licensed healthcare professions when such practice is consistent with the accepted standards and scope of their respective professions; provided, however, such persons shall not: (1) use the title “licensed lactation consultant” unless licensed pursuant to this chapter; nor (2) use the title “lactation consultant” unless said person is an international board certified lactation consultant.

(c) Nothing in this chapter shall prevent the practice of lactation care and services by students, interns or persons preparing for the practice of lactation care and services under the supervision of a supervisor or any licensed professional as listed in subsection (a); provided, however, such persons shall not: (1) use the title “licensed lactation consultant” unless licensed pursuant to this chapter; nor (2) use the title “lactation consultant” unless said person is an international board certified lactation consultant.

(d) Nothing in this chapter shall prevent the practice of lactation care and services by employees of a department, agency, county or local government from engaging in the practice of lactation care and services within the discharge of the employees’ official duties including, but not limited to, peer counselors working within the special supplemental nutrition program for women, infants, and children; provided, however, such persons shall not: (1) use the title “licensed lactation consultant” unless licensed pursuant to this chapter; nor (2) use the title “lactation consultant” unless said person is an international board certified lactation consultant.

(e) Nothing in the chapter shall prevent the practice of lactation care and services by other lactation support providers including, but not limited to: (i) doulas; (ii) prenatal, childbirth and perinatal educators; (iii) breastfeeding and lactation educators; and (iv) breastfeeding and lactation counselors, from performing breastfeeding education and counseling services consistent with the accepted standards of their respective occupations; provided, however, such persons shall not: (1) use the title “licensed lactation consultant” unless licensed pursuant to this chapter; nor (2) use the title “lactation consultant” unless said person is an international board certified lactation consultant.

(f) Nothing in this chapter shall prevent individual volunteers from providing lactation care and services, but such persons shall not: (1) use the title “licensed lactation consultant” unless licensed pursuant to this chapter; nor (2) use the title “lactation consultant” unless said person is an international board certified lactation consultant.

(g) Nothing in this chapter shall prevent a nonresident international board certified lactation consultant from practicing lactation care and services in the Commonwealth for 6 months without licensure.

SECTION 15. All international board certified lactation consultants engaged in the practice of lactation care and services as of the effective date of this act may continue to practice without a license until 3 years following the promulgation of regulations by the board, denial of an application by the board or the withdrawal of an application, whichever occurs first.

Name:	District/Address:	Date Added:
Marjorie C. Decker	25th Middlesex	2/18/2021