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AN ACT relating to the practice of lactation consultation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 314 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 5 of this Act, unless the context otherwise requires: 5
(1) "Board" means the Kentucky Board of Nursing; 6
(2) "Council" means the Kentucky Advisory C ouncil of Licensed Lactation 7
Consultants established in Section 2 of this Act; 8
(3) "IBLCE" means the International Board of Lactation Consultant Examiners or 9
its successor organization; 10
(4) "International board-certified lactation consultant" or "IBCLC" means a person 11
who holds current certification from the IBLCE as a lactation consulta nt after 12
demonstrating the appropriate education, knowledge, and experience necessary 13
for independent clinical practice; 14
(5) "Lactation consultant" means a person who is an IBCLC and in good standing 15
with the IBLCE; 16
(6) "Lactation consultation" or "lactati on consulting" means the clinical 17
application of scientific principles and a multidisciplinary body of evidence for 18
evaluation, problem identification, treatment, education, and consultation to 19
families regarding the course of lactation and feeding, includ ing but not limited 20
to: 21
(a) Obtaining maternal, child, and feeding histories; 22
(b) Performing clinical assessments related to breastfeeding and human 23
lactation through the systemic collection of subjective and objective 24
information; 25
(c) Analyzing data acquired from the histories and assessments; 26
(d) Developing a lactation management and child feeding plan with 27
UNOFFICIAL COPY 26 RS BR 383
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demonstration and instruction to parents; 1
(e) Providing lactation and feeding education; 2
(f) Recommending and training on the use of assistive devices; 3
(g) Communicating with primary health care practitioners and referring to 4
other health care practitioners as needed; 5
(h) Conducting appropriate follow -up appointments with evaluation of 6
outcomes; and 7
(i) Documenting the encounter in a patient record; and 8
(7) "Practice" means rendering or offering to render, for compensation, lactation 9
consulting to any person or group of persons. 10
SECTION 2. A NEW SECTION OF KRS CHAPTER 314 IS CREATED TO 11
READ AS FOLLOWS: 12
(1) The Kentucky Advisory Council of Licensed Lactation Consultants is hereby 13
established and shall be attached to the Board of Nursing. The council shall at 14
regular intervals, advise the board as it promulgates administrative regulations 15
regarding the qualifications, sta ndards for training, and competency 16
determinations of licensed lactation consultants, certification updates by the 17
IBLCE, any needed changes to Sections 1 to 5 of this Act, and all other matters 18
relating to licensed lactation consultants. 19
(2) The council shall be appointed by the board and shall consist of: 20
(a) One (1) member of the board, who shall be a nonvoting, ex officio member 21
and serve as the liaison between the chair of the council and the board; 22
(b) Four (4) lactation consultants with experience in at least one (1) of the 23
following areas: 24
1. The delivery of clinical lactation care in a hospital setting; 25
2. Public health or community clinical lactation care; or 26
3. Private practice of clinical lactation care; and 27
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(c) One (1) citizen at large who is not employed in the health care field. 1
(3) The board may solicit nominations for the council from interested parties or 2
organizations and shall give consideration to nominees who have experience 3
providing, utilizing, or collaborating with providers of lactat ion consultation 4
services. 5
(4) The board shall specify the terms of the council members, not to exceed four (4) 6
years, and members shall serve at the discretion of the board, may be reappointed 7
at the end of their terms, and shall receive reimbursement for their actual and 8
necessary expenses incurred in the performance of their official duties. 9
(5) The council shall annually elect a chair from its membership. 10
(6) A quorum of the council shall consist of three (3) voting members. The council 11
shall meet at least semiannually and upon the call of the chair, or at the request 12
of two (2) or more members to the secretary of the board. 13
SECTION 3. A NEW SECTION OF KRS CHAPTER 314 IS CREATED TO 14
READ AS FOLLOWS: 15
After receiving recommendations from the council, the board shall promulgate 16
administrative regulations in accordance with KRS Chapter 13A to: 17
(1) Establish required standards for t raining programs for licensed lactation 18
consultants based upon the policies and positions adopted by the IBLCE; 19
(2) Establish licensing requirements for licensed lactation consultants based upon 20
policies and positions adopted by the IBLCE; 21
(3) Issue initia l licenses and license renewals to individuals, but shall not issue 22
licenses to any partnership, unincorporated association, corporation, or similar 23
organization; 24
(4) Issue licenses to practice in the Commonwealth by endorsement to a resident of 25
another state, district, or territory within the United States of America who is in 26
good standing in that state, district, or territory if that state, district, or territory 27
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has standards substantially equivalent to those in Sections 1 to 5 of this Act; 1
(5) Establish provisions for disciplinary actions for licensed lactation consultants; 2
(6) Establish fees for the initial license, renewal of a license, reinstatement of a 3
license, endorsement of a license, and other fees as may be necessary for the 4
licensed lactation consultants not to exceed one hundred dollars ($100) each; 5
(7) Establish requirements for informed consent by individuals receiving services 6
from a licensed lactation consultant; and 7
(8) Establish any other requirements for licensed lactation services deemed necessary 8
by the board. 9
SECTION 4. A NEW SECTION OF KRS CHAPTER 314 IS CREATED TO 10
READ AS FOLLOWS: 11
The board may require a criminal background check of an applicant for a license as a 12
lactation consultant by means of a fingerprint check by the Department of Kentucky 13
State Police and the Federal Bureau of Investigation. 14
SECTION 5. A NEW SECTION OF KRS CHAPTER 314 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) It shall be unlawful for any person to: 17
(a) Hold himself or herself out as a licensed lactation consultant in Kentucky 18
unless he or she has been issued a license by the board in accordance with 19
Sections 1 to 5 of this Act; or 20
(b) Operate, offer to operate, or represent or advertise the operat ion of a school 21
or program of licensed lactation consultation unless the school or program 22
has been approved by the board to do so. 23
(2) It shall be unlawful for any licensed lactation consultant or employer of a 24
licensed lactation consultant having knowled ge of facts to refrain from reporting 25
to the board a licensed lactation consultant who violates any provision set forth in 26
administrative regulation for licensed lactation consultants. 27
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(3) It shall be unlawful for any person who is listed on the nurse aide abuse registry 1
with a substantiated finding of abuse, neglect, or misappropriation of property to 2
provide licensed lactation consultation. 3
(4) Sections 1 to 5 of this Act shall not apply to a licensed health care provider 4
rendering services that are within his or her scope of practice. 5