Bill H.3626

HOUSE DOCKET, NO. 539 FILED ON: 1/13/2023

HOUSE . . . . . . . . . . . . . . . No. 3626

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 3626) of Marjorie C. Decker for legislation to improve access to breastfeeding care. Public Health.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3795 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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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 2020 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 2020 Official Edition, is hereby amended by inserting after the definition of “Board” the following definitions:-

“International Board Certified Lactation Consultant (IBCLC)” means a person who holds current certification from the International Board of Lactation Consultant Examiners (IBLCE) as a lactation consultant after demonstrating the appropriate education, knowledge, and experience necessary for independent clinical practice.

“International Board of Lactation Consultant Examiners (IBLCE)” means the international certification body that confers the International Board Certified Lactation Consultant credential. and which is independently accredited by the National Commission of Certifying Agencies.

“Lactation consulting”, the clinical application of scientific principles and a multidisciplinary body of evidence for evaluation, problem identification, treatment, education and consultation to families regarding the course of lactation and infant feeding; including but not limited to: (i) clinical 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(s); (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 in good standing as a lactation consultant with the IBLCE, or its successor organization and is duly licensed to practice lactation consulting in accordance with section 23B.

“Perinatal health worker” means a doula, community health worker, peer counselor, WIC (Women Infants and Children) peer counselor, peer supporter, breastfeeding and lactation educator or counselor, childbirth educator, social worker, home visitor and/or any other perinatal educator.

“Practice”’ means rendering or offering to render, for compensation, lactation consulting to any individual, family, or group of individuals.

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 consulting.

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 consulting.

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 consulting.

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 consulting by members of other licensed healthcare professions when such practice is consistent with the accepted standards and scope of practice for 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 consulting by students, interns or persons preparing for the practice of lactation consulting 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 the chapter shall prevent perinatal health workers from performing breastfeeding education functions 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.

(e) Nothing in this chapter shall prevent a nonresident International Board Certified Lactation Consultant from practicing lactation consulting in the Commonwealth for 6 months without licensure.

SECTION 15. (a) This Act shall become enforceable three years after the effective date of this law to allow interested persons to obtain the education, training and credentialing necessary to practice lactation consulting as defined herein. After three years, no person without a license as a lactation consultant issued pursuant to this chapter shall: (1) use the title “licensed lactation consultant” or “licensed L.C.” or (2) practice lactation consulting, provided that this chapter shall not prohibit any practice that is exempt pursuant to the provisions set forth in Code Section 23P3/4.

(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.

Name:	District/Address:	Date Added:
Marjorie C. Decker	25th Middlesex	1/10/2023
Kathleen R. LaNatra	12th Plymouth	6/2/2023
Kristin E. Kassner	2nd Essex	6/12/2023