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S.F. No. 2154 - Licensure for Clinical Lactation Services (Second Engrossment)
 
Author: Senator Chris A. Eaton
 
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
 
Date: April 12, 2016



 

SF 2154 establishes licensure for clinical lactation care providers and requires licensure before engaging in the practice of clinical lactation services.

Section 1 (148.9801) specifies that nothing in these sections prohibits an individual from providing breastfeeding education and support services and does not require the individual be licensed under these sections.

Section 2 (148.9802) defines the following terms:  biennial licensure period; breastfeeding education and support services; certified lactation counselor, advanced lactation consultant, or advanced nurse lactation consultant; clinical lactation services; commissioner; credential; International Board-Certified Lactation Consultant; license or licensed; licensed lactation care provider; licensee; licensure by equivalency; licensure by reciprocity; and protected title.

Section 3 (148.9803) prohibits unlicensed practice and restricts the use of protected titles.

Subdivision 1 prohibits an individual from engaging in the practice of clinical lactation services unless the individual is licensed as a licensed lactation care provider under these sections.

Subd. 2, paragraph (a),  prohibits an individual from using the phrases "licensed lactation consultant" or "licensed International Board-Certified Lactation Consultant;" unless the individual is licensed under these sections and possesses a credential from the International Board of Lactation Consultant Examiners.

Paragraph (b) prohibits an individual from using phrases "licensed certification lactation counselor," "certified lactation counselor," "licensed advanced lactation consultant," "advanced lactation consultant," "licensed advanced nurse lactation consultant," "advanced nurse lactation consultant," "licensed lactation counselor," or "licensed lactation consultant," unless the individual is licensed under those sections and possesses a credential from the Academy of Lactation Policy and Practice of the Healthy Children Project, Inc.

Subd. 3 exempts the following individuals from having to be licensed:  a person employed as a lactation consultant by the federal government or federal agency; a student participating in supervised fieldwork or supervised coursework; under specified conditions a person visiting and then leaving the state and performing clinical lactation services while in the state; a dentist, physician, osteopathic physician, physician assistant, nurse, dietitian, or midwife when providing clinical lactation services incidental to the practice of their profession if they do not use the protected titles; a public employee who is acting within the scope of their employment; or a volunteer providing clinical lactation services if the volunteer does not use the protected titles, charges no fees for their service, and receives no compensation except for administrative services.

Subd. 4 specifies that an individual may be subject to sanctions or other action if the individual practices clinical lactation services or represents that they are a licensed lactation care provider without being licensed under these sections.

Subd. 5 specifies that these sections do not prohibit a licensed individual acting within the scope of their occupation or profession from performing any act that falls within the scope of practice of their profession or occupation.

Section 4 (148.9804) authorizes the commissioner to impose a civil penalty for each violation.

Section 5 (148.9806) specifies the licensure requirements.

Subdivision 1 states that an applicant for licensure must have a current credential from the International Board of Lactation Consultant Examiners, the International Board of Lactation Consultant Examiners, the Academy of Lactation Policy and Practice of the Healthy Children Project, Inc., or another jurisdiction whose standards are equivalent to or exceed the requirements in these sections as determined by the commissioner; submit a completed application; submit the applicable fees; sign a statement that the information of the application is correct; sign a waiver authorizing the commissioner to obtain access to the applicant’s records in this or another state; submit any additional information requested by the commissioner; and submit any additional information required for licensure by equivalency or reciprocity.

Subd. 2 states that any applicant who is credentialed by the International Board of Lactation Consultant Examiners as an International Board-Certified lactation consultant may be eligible for licensure by equivalency.  States that the commissioner may deny licensure based on disciplinary grounds.  Requires applicants to provide verified documentation indicating that the applicant is credentialed by the International Board of Lactation Consultant Examiners as an International Board-Certified Lactation Consultant and to provide the commissioner with a waiver authorizing access to the applicant’s records.

Subd. 3 states that any applicant who holds a current credential as a licensed lactation consultant, lactation care provider, or licensed lactation counselor in another state or territory of the US whose standards are equivalent or exceeds the requirements for licensure under these sections may be eligible for licensure by reciprocity.  States that the commissioner may deny licensure based on disciplinary grounds.  Requires the applicants to provide verification of the credentials to the commissioner.

Subd. 4 requires the commissioner to approve, approve with conditions, or deny licensure.  Authorizes the commissioner to investigate the information provided to determine if the information is accurate and complete.  Requires the commissioner to notify an applicant of action taken on the application and if licensure is denied or approved with conditions, the grounds for this decision.  If an applicant is denied licensure or granted licensure with conditions, the applicant may make a written request for reconsideration within 30 days of the determination and may submit any information the applicant wants the commissioner to consider.  Requires the commissioner to determine whether the original determination should be affirmed or modified.  Permits the applicant no more than one request in any one biennial licensure period for reconsideration of the commissioner’s determination.

Section 6 (148.9807) establishes licensure renewal requirements.

Subdivision 1 requires the licensee to submit a completed and signed application for renewal; the renewal fee; proof that the licensee is currently credentialed; and any additional information requested by the commissioner.

Subd. 2 specifies that licenses must be renewed every two years.  Requires that the application for renewal be received by the commissioner at least 30 calendar days before the expiration date printed on the license.  States that an application received within 30 days of the expiration date but before the expiration date must be accompanied by a late fee in addition to the renewal fee.  Applications received after the expiration date shall not be accepted and applicants must meet the licensure requirements under section 148.9808.

Subd. 3 requires the commissioner to notify the licensee at least 60 days before the expiration date.  Failure to receive notification does not relieve the licensee of the obligation to meet the renewal deadline and other renewal requirements.

Section 7 (148.9808) specifies the licensure renewal requirements if the application for licensure renewal is received after the expiration date.

Section 8 (148.9809) requires a licensee to notify the commissioner of any change in name, address, business address, and telephone number or employment within 30 days of the change.

Section 9 (148.9810) requires that in the absence of a physician referral or prior authorization, a licensed lactation care provider must provide a client with written notification that the client may be obligated for partial or full payment for the clinical lactation services provided.  Permits this notice to be in a nonwritten format if necessary to accommodate the physical condition of the client or client’s guardian.

Section 10 (148.9811) establishes the various licensure fees, including duplicate license fees, late fees, and penalty fees.

Section 11 (148.9812) establishes the grounds for disciplinary action and the disciplinary action that may be taken by the commissioner.

Subdivision 1 lists the types of conduct that are grounds for disciplinary action.

Subd. 2 requires the commissioner to comply with the procedures for the health-related licensing boards for receipt, investigation, and hearing complaints as provided in section 214.10.

Subd. 3 lists the types of disciplinary action that may be taken by the commissioner.

Subd. 4 requires the licensee to cease using the protected title if disciplinary action imposed prevents the individual from providing clinical lactation services.

Subd. 5 permits an individual whose license has been suspended to request reinstatement.

Subd. 6 requires the commissioner to contract with the health professional services program to provide services to licensees.

Section 12 requires the Commissioner of Health to work with community stakeholders to study and identify barriers, challenges, and successes affecting initiation, duration, and exclusivity of breastfeeding.  The study must address policy, systemic, and environmental factors that both support and create barriers to breastfeeding.  The study must identify and make recommendations regarding culturally appropriate practices that have been shown to increase breastfeeding rates in populations that have the greatest breastfeeding disparities.

Section 13 provides an effective date of July 1, 2017.

KC:dv

 

 

 
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