HB 5318 — AN ACT REQUIRING THE LICENSURE OF LACTATION CONSULTANTS.

622 (26) Perfusionist;

The department shall assume all powers and duties normally vested sHB5318with /a Fileboard No.in administering regulatory jurisdiction over such professions.

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410 with a board in administering regulatory jurisdiction over such professions.

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622 sHB5318 File No.

622 Sec.

Subdivision(2)ofsubsection(e)ofsection19a-88ofthegeneral statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJuly 1, 2027):2026):

Section 1 OctoberJuly 1, 20272026 New section Sec.

2 OctoberJuly 1, 20272026 New section Sec.

3 OctoberJuly 1, 20272026 New section Sec.

4 OctoberJuly 1, 20272026 New section Sec.

5 OctoberJuly 1, 20272026 19a-14(c) Sec.

6 OctoberJuly 1, 20272026 19a-88(e)(2) PHsHB5318 Joint/ FavorableFile Subst.No.

sHB5318622 /8 sHB5318 File No.

410622 7The sHB5318following FileFiscal No.Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

410 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

SeeAgency BelowAffected MunicipalFund-Effect Impact:Resources of the General Fund GF - Revenue Gain Note:

NoneGF=General Explanation The bill creates a new Department of Public Health (DPH) licensure category for lactation consultants, starting 10/1/27, which results in a General Fund (GF)Municipal revenueImpact: gain of approximately $53,200 in FY 28 from initiallicensure feesfromapproximately 266lactation consultants ($200 each) and, beginning in FY 30 and continuing biennially, a GF revenue gain of $26,600 from license renewal fees ($100 each).

AsNone theOFA languageFiscal ofNote theState billImpact: conforms the licensing of lactation consultants to current DPH licensing practices of other professions, and the number of projected initial and renewal applications is limited, it is anticipated the department can establish this new licensure category within existing resources.

TheAgency OutAffected YearsFund-Effect TheFY annualized27 ongoing$ fiscalFY impact28 identified$ aboveFY would29 continue$ intoResources theof future subject to the numberGF of- initialRevenue and53,200 renewalMinimal lactation26,600 consultantGeneral licensureFund feesGain collectedNote: by DPH.

1ThereGF=General areFund 266Municipal lactationImpact: consultants potentially eligible for licensure as of 1/2/24 according to the International Board of Lactation Consultant Examiners.

None Explanation Thebillcreatesa new DepartmentofPublic Healthlicensure category for Lactation Consultants starting 7/1/26, which results in a General Fund (GF) revenue gain of approximately $53,200 in the out years (starting in FY 27) from initial license fees of $200 and, beginning in FY and continuing biennially, a GF revenue gain of $26,600 from license renewal fees of $100.

As the language of the bill conforms the licensing of Lactation Consultants to current department practices for other professions, and the number of projected initial and renewal licenses to be issued are within manageable limits, it is anticipated DPH will There are 266 lactation consultants potentially eligible for licensure as of 1/2/24 according to the International Board of Lactation Consultant Examiners.

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410622 OLRestablish Billthis Analysisnew sHBlicensure 5318category ANwithin ACTexisting REQUIRINGresources. THE LICENSURE OF LACTATION CONSULTANTS.

SUMMARYThe StartingOut inYears OctoberThe 2027,GF thisrevenue billgain createsdescribed aabove Departmentis ofanticipated Publicto Healthcontinue (DPH)into licensurethe programfuture forsubject lactationto consultantsthe andnumber generallyof prohibitsinitial unlicensedand peoplerenewal fromLactation practicingConsultant lactationlicense consultingfees forcollected compensationby orDPH. using the “lactation consultant” title.

TosHB5318 receive/ aFile license,No. an applicant must have a certification or credential from the International Board of Lactation Consultant Examiners (IBLCE) or any successor to it.

DPH622 must10 issuesHB5318 aFile licenseNo. to an applicant who submits satisfactory evidence of this, on a DPH form.

The622 licensureOLR applicationfeeis$200,andlicensesmayBill berenewedeveryAnalysis twosHB years5318 for(as $100.amended by House "A")* AN ACT REQUIRING THE LICENSURE OF LACTATION CONSULTANTS.

SubjectSUMMARY toStarting certainin conditions,July the2026, this bill doescreates nota restrictDepartment unlicensed people from practicing lactation consulting if they are (1) acting within their scope of practicePublic orHealth through(DPH)licensure federallyprogramfor fundedlactationconsultants. nutrition assistance programs, or (2) community health workers or lactation consultant students.

Itgenerallyprohibits unlicensed people from practicing lactation consulting for compensation, using the “lactation consultant” title, or holding themselvesout to thepublicaslicensedlactationconsultants.But it does not restrict unlicensed people (such as other health care providers) meeting specified criteria from practicing lactation consulting or providing related services, if they do not refer to themselves as “lactation consultants.” To receive a license, an applicant must have a certification from the International Board of Lactation Consultant Examiners (IBLCE) or any successor to it.

DPH must issue a license to an applicant who submits satisfactory evidence of this on a DPH form.

The licensure application fee is $200, and licenses may be renewed every two years for $100.

EFFECTIVE*House DATE:Amendment “A” (1) moves the bill’s effective date from October 1, 2027, to July 1, 2026;

October(2) 1,expands 2027and Lactationmodifies Consultingthe Definitionlist (§of 1)exemptions Underfrom the bill,bill’s “lactationlicensure consulting”requirement; is helping families with lactation and feeding by clinically applying scientific principles and multidisciplinary evidence on related evaluation, problem sHB5318 / File No.

410and 9(3) sHB5318makes Filevarious No.minor and technical changes.

410sHB5318 identification,/ treatment,File education,No. and consultation, including the following services:

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622 EFFECTIVE DATE:

July 1, 2026 Lactation Consulting Definition (§ 1) Under the bill, “lactation consulting” is helping families with lactation and feeding by clinically applying scientific principles and multidisciplinary evidence for evaluation, problem identification, treatment, education, and consultation, including the following services:

Licensure Requirement and Exemptions (§ 2) The bill generally prohibits anyone without a lactation consultant license fromfrom: (1) practicing lactation consulting for compensation or (2) using the title “lactation consultant,” “L.C.”, or any title, words, letters, abbreviations, or insignia that may reasonably be confused with this credential.

These restrictions do not prevent people without this license from providing lactation consulting under the following conditions, as long as they do not hold themselves out to the public as lactation consultants:

whilepracticing actinglactation withinconsulting thefor scopecompensation; of practice of their license and training;

2.

holding himself or herself out to the public as a licensed lactation consultant;

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whileusing, doingin soconnection throughwith thetheir federalname Specialor Supplementalbusiness, Foodthe Program“licensed forlactation Women,consultant” Infants,or and“lactation Childrenconsultant” (WIC)titles or other“IBCLC” federallyor funded“L.C.” nutritiondesignations; assistance programs, while acting within the scope of practice of their profession and training;

or 3.4.

whenusing doingany sotitle, aswords, aletters, certifiedabbreviations, communityor healthinsignia worker.that may reasonably be confused with this licensure.

TheThese billrestrictions alsodo does not restrictprevent certainpeople studentswithout this license from providing lactation consulting.consulting or related services under the following conditions, as long as they do not refer to themselves by the term “lactation consultant”:

This1. applies to students in a lactation consulting educational program or a graduate nursing or medical education program in lactation consulting, if (1) lactation consulting is an integral part of the education program and (2) the student acts under the direct supervision of a licensed lactation consultant, physician, or other health care provider or educator who provides lactation consulting or related education within the scope of practice of the provider’s license and training.

people licensed or certified by DPH as another type of provider, or by the Department of Consumer Protection (DCP) under the pharmacy laws, who are providing lactation consulting under the scope of practice of their license or certification;

2.

students in a lactation consulting educational program or an accredited education program required for DPH licensure or certification (or DCP under the pharmacy laws), if lactation consulting is a part of the program and the student provides the consulting under appropriate program supervision;

3.

people providing lactation education and support through the federal Special Supplemental Food Program for Women, Infants, and Children (WIC) or other federally funded nutrition assistance programs, while acting within their job description and training;

4.

certified community health workers providing lactation support to HUSKY Health program members;

5.

people providing education, social or peer support, peer counseling, or nonclinical services related to lactation and feeding;

6.

doulas or midwives providing services within their scope of practice and for which they were trained;

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public health professionals engaging in outreach, engagement, education, coaching, informal counseling, social support, advocacy, care coordination, or research related to social determinants of health or a basic screening or assessment of any risk associated with those determinants.

To renew, licensees must provide satisfactory evidence that they have (1) a current certification or credential with IBLCE or any successor to it and (2) have completed the continuing education IBLCE requires for that certificationcertification. or credential.

a felony conviction, if the disciplinary action is based on (a) the nature of the conviction and its relationship to the licensee’s ability to safely or competently practice, (b) information on the sHB5318licensee’s /degree Fileof No.rehabilitation, and (c) the time passed since the conviction or release;

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410 licensee’s degree of rehabilitation, and (c) the time passed since the conviction or release;

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or 7.

willfully falsifying entries in a hospital, patient, or other record pertaining to lactation consulting.consulting;

By law, disciplinary actions available to DPH include, among other things, (1) revoking or suspending8. a license, (2) censuring the violator, (3) issuing a letter ofreprimand, (4) placing the violator on probationary status, or (5) imposing a civil penalty of up to $25,000 (CGS § 19a-17).

failing to maintain certification in good standing with IBLCE.

By law, disciplinary actions available to DPH include, among other things, (1) revoking or suspending a license;

(2) censuring the violator;

(3) issuing a letter ofreprimand;

(4) placing the violator on probationary status;

or (5) imposing a civil penalty of up to $25,000 (CGS § 19a-17).

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