MS Lactation Consultant Practice Act; create.

H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~ G3/5
26/HR43/R2283
PAGE 1 (RF\KP)

To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Anderson (110th)

HOUSE BILL NO. 1093

AN ACT TO BE KNOWN AS THE MISSISSIPPI LACTATION CONSULTANT 1
PRACTICE ACT; TO PROVIDE FOR THE LICENSURE AND REGULATION OF 2
LACTATION CONSULTANTS BY THE STATE BOARD OF HEALTH; TO PROVIDE 3
THAT ON AND AFTER JULY 1, 2029, NO PERSON MAY PRACTICE LACTATION 4
COUNSELING OR USE CERTAIN TITLES WITHOUT HAVING A LICENSE; TO 5
PRESCRIBE THE QUALIFICATIONS FOR LICENSURE; TO PROVIDE FOR 6
CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE CERTAIN EXEMPTIONS 7
FROM LICENSURE; TO ESTABLISH THE COUNCIL OF ADVISORS IN LACTATION 8
CONSULTING TO ADVISE THE BOARD ON MATTERS RELATING TO THIS ACT; TO 9
PRESCRIBE THE POWERS OF THE BOARD UNDER THIS ACT; TO PROVIDE 10
PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Short title. This chapter shall be known and may 13
be cited as the "Mississippi Lactation Consultant Practice Act". 14
SECTION 2. Purpose of chapter; legislative findings. Having 15
received testimony of the unique and specific vulnerabilities of 16
new mothers and infants and evidence of the harm that befalls 17
mothers and children from incompetent lactation care, the 18
Legislature finds the lactation consultant's possession of 19
lactation knowledge, expertise and competencies arises from their 20
specialized education and clinical training and therefore it is 21
reasonable and necessary to identify the education, training, 22
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 2 (RF\KP)

competencies and the scope of practice of those who may lawfully 23
practice lactation consulting to advance the health, safety and 24
welfare of citizens. It is declared, therefore, that this 25
chapter's restrictions are health and safety regulations that are 26
reasonable and necessary to protect the health, safety and welfare 27
of the public by providing for the licensure and regulation of the 28
activities of persons engaged in lactation consulting. 29
SECTION 3. Definitions. For the purposes of this chapter, 30
the following terms shall have the meanings as defined in this 31
section: 32
(a) "Applicant" means any person seeking a license 33
under this chapter. 34
(b) "Board" means the State Board of Health. 35
(c) "Department" means the State Department of Health. 36
(d) "Advisory Council" means the Mississippi Council of 37
Advisors in Lactation Consulting established in this chapter. 38
(e) "International Board Certified Lactation Consultant 39
(IBCLC)" means a person who holds current certification from the 40
International Board of Lactation Consultant Examiners (IBLCE) as a 41
lactation consultant after demonstrating the appropriate 42
education, knowledge, and experience necessary for independent 43
clinical practice. 44
(f) "International Board of Lactation Consultant 45
Examiners (IBLCE)" means the international certification body that 46
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 3 (RF\KP)

confers the International Board Certified Lactation Consultant 47
credential. 48
(g) "CEU" means continuing education unit. 49
(h) "Lactation consultant" means a person in good 50
standing as a lactation consultant with the IBLCE, or its 51
successor organization. 52
(i) "Licensed lactation consultant" means a person 53
licensed under this chapter and regulations promulgated under this 54
chapter. 55
(j) "Examination for licensure" means the IBLCE 56
certification exam. 57
(k) "Lactation consulting intern" means a student 58
enrolled in a Human Lactation program accredited by the Commission 59
on Accreditation of Allied Health Education Programs (CAAHEP) 60
which upon successful completion will qualify the student to sit 61
for the IBCLC exam; a person who has completed the didactic 62
education required by IBLCE to sit for the IBCLC exam, but is 63
still in need of completing supervised clinical hours before 64
qualifying to sit for the exam; or a person who has taken the 65
IBCLC exam and is either waiting on the results or was not 66
successful in passing the exam, provided that no person shall work 67
as a lactation consulting intern for more than five years. 68
(l) "License" means the document of licensure issued by 69
the board. 70
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 4 (RF\KP)

(m) "Perinatal health worker" means a doula, community 71
health worker, peer counselor, WIC (Women Infants and Children) 72
peer counselor, peer supporter, breastfeeding and lactation 73
educator or counselor, childbirth educator, social worker, home 74
visitor and/or any other perinatal educator. 75
(n) "Practice" means rendering or offering to render, 76
for compensation, lactation consulting services to any person, or 77
group of persons. 78
SECTION 4. Scope of practice. The practice of "lactation 79
consulting" means the clinical application of scientific 80
principles and a multidisciplinary body of evidence for 81
evaluation, problem identification, treatment, education, and 82
consultation to families regarding the course of lactation and 83
feeding, including, but not limited to: 84
(a) Taking maternal, child and feeding histories; 85
(b) Performing clinical assessments related to 86
breastfeeding and human lactation through the systematic 87
collection of subjective and objective information; 88
(c) Analyzing data; 89
(d) Developing a lactation management and child feeding 90
plan with demonstration and instruction to parents; 91
(e) Providing lactation and feeding education; 92
(f) Recommending and training on the use of assistive 93
devices; 94
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 5 (RF\KP)

(g) Communicating to the primary health care 95
practitioner(s) and referring to other health care practitioners, 96
as needed; 97
(h) Conducting appropriate follow up with evaluation of 98
outcomes; and 99
(i) Documenting the encounter in a patient record. 100
SECTION 5. Licensure required. (1) The board shall 101
establish a licensure process no later than January 1, 2027 and 102
issue licenses to qualified applicants. 103
(2) This chapter shall become enforceable on July 1, 2029, 104
to allow interested persons to obtain the education, training and 105
credentialing necessary to practice lactation consulting in this 106
state. On and after July 1, 2029, no person without a license as 107
a lactation consultant issued pursuant to this chapter shall: (a) 108
use the title "licensed lactation consultant" or "licensed L.C." 109
or (b) practice lactation consulting, provided that this chapter 110
shall not prohibit any practice of lactation consulting that is 111
exempt under the provisions set forth in Section 8 of this act. 112
(3) A lactation consultant whose license is suspended or 113
revoked or whose surrender of license with or without prejudice 114
has been accepted by the board shall promptly deliver the original 115
license and current biennial registration to the board. 116
SECTION 6. Qualifications for licensure. (1) Each 117
applicant for a license as a lactation consultant must be at least 118
eighteen (18) years of age, have submitted a completed application 119
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 6 (RF\KP)

upon a form and in such manner as the board prescribes, 120
accompanied by applicable fees, and comply with the following 121
requirements: 122
(a) Meeting the education and clinical standards 123
established for the IBCLC by the IBLCE, or its successor 124
organization; 125
(b) Passing the IBCLC examination administered by the 126
IBLCE or the examination of its successor organization; 127
(c) Having satisfactory results from a criminal 128
background check report conducted by the Mississippi Crime 129
Information Center and the Federal Bureau of Investigation, as 130
determined by the board. Application for a license under this 131
section shall constitute express consent and authorization for the 132
board to perform a criminal background check. Each applicant who 133
submits an application to the board for licensure agrees to 134
provide the board with any and all information necessary to run a 135
criminal background check, including, but not limited to, 136
classifiable sets of fingerprints. The applicant shall be 137
responsible for all fees associated with the performance of such 138
background check; and 139
(d) Completing such other requirements as may be 140
prescribed by the board. 141
(2) The issuance of a license by reciprocity to a military 142
trained applicant, military spouse or person who establishes 143
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 7 (RF\KP)

residence in this state shall be subject to the provisions of 144
Section 73-50-1 or 73-50-2, as applicable. 145
(3) The board may provide for the late renewal of a license 146
upon the payment of a late fee in accordance with its rules and 147
regulations, but no such late renewal of a license may be granted 148
more than one (1) year after its expiration. 149
(4) A suspended license shall be subject to expiration and 150
may be renewed as provided in this section, but such renewal shall 151
not entitle the licensee, while the license remains suspended and 152
until it is reinstated, to engage in the licensed activity, or in 153
any other conduct or activity in violation of the order of 154
judgment by which the license was suspended. If a license revoked 155
on disciplinary grounds is reinstated, the licensee, as a 156
condition of reinstatement, shall pay the renewal fee and any late 157
fee that may be applicable. 158
SECTION 7. Continuing education requirements. (1) Each 159
applicant shall present satisfactory evidence when seeking license 160
renewal that in the period since the license was issued or last 161
renewed the applicant has completed the CEUs and/or other means as 162
established and approved by the board. 163
(2) The board shall make exceptions for licensees from the 164
continuing education requirements, including waiver of all or a 165
portion of these requirements or the granting of an extension of 166
time in which to complete these requirements, upon a finding of 167
good cause following receipt of a written request for exception 168
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 8 (RF\KP)

based upon emergency or hardship. Emergency or hardship cases 169
include, but are not limited to: 170
(a) Long term personal illness or illness involving a 171
close relative or person for whom the licensee has caregiving 172
responsibilities; 173
(b) Where the licensee can demonstrate that the 174
required course(s) are not reasonably available; and 175
(c) Other demonstrated economic, technological or legal 176
hardships that substantially relate to the ability to perform or 177
complete the continuing education requirements. 178
SECTION 8. Certain exemptions from licensure. (1) The 179
provisions of this chapter shall not be construed to affect or 180
prevent: 181
(a) Mississippi licensed health care professionals from 182
practicing lactation consulting when such lactation consulting is 183
within their legal scope of practice, except that such persons 184
shall not use the title "licensed lactation consultant" or 185
"licensed L.C." unless the person is also licensed under this 186
chapter; 187
(b) Any person employed as a lactation consultant by 188
the federal government or an agency thereof if such person 189
provides lactation consulting services solely under the direction 190
and control of the organization by which he or she is employed; 191
(c) Perinatal health workers from performing education 192
functions, including lactation and feeding education, consistent 193
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 9 (RF\KP)

with the accepted standards of their respective occupations, 194
except that such persons shall not use the title "licensed 195
lactation consultant" or "licensed L.C." unless the person is also 196
licensed under this chapter; or 197
(d) The practice of lactation consulting by students, 198
interns, or persons preparing for the practice of lactation 199
consulting working under the qualified supervision of a licensed 200
lactation consultant or any licensed professional identified in 201
paragraph (a) of this section and if the person is designated by a 202
title "lactation consulting intern." 203
(2) A nonresident lactation consultant may practice 204
lactation consulting in Mississippi for no more than a total of 205
five (5) days per calendar year with current licensure from 206
another state. 207
SECTION 9. Council of Advisors in Lactation Consulting 208
established. (1) (a) There is established the Mississippi 209
Council of Advisors in Lactation Consulting under the jurisdiction 210
of the board. The purpose of the council is to advise the board 211
and department on matters relating to the administration and 212
interpretation of the provisions of this chapter. 213
(b) The council shall be comprised of three (3) to five 214
(5) members, as determined by the board, with the majority of the 215
council being licensed lactation consultants and shall include at 216
least one (1) licensed physician. If the council has five (5) 217
members, the council may include a public member. 218
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 10 (RF\KP)

(c) Each council member shall serve a term of three (3) 219
years. However, the terms of initial appointees shall be 220
staggered so that no more than one (1) member's term expires in 221
any one (1) year. No council member may be appointed to more than 222
three (3) consecutive full terms. If a vacancy occurs, the board 223
shall appoint a person to fill the unexpired term. 224
(d) A person is eligible for appointment as a public 225
member if the person or the person's spouse: 226
(i) Is not employed by and does not participate in 227
the management of an agency or business entity that provides 228
health care services or that sells, manufactures or distributes 229
health care supplies or equipment; and 230
(ii) Does not own, control or have a direct or 231
indirect interest in more than ten percent (10%) of a business 232
entity that provides health care services or that sells, 233
manufactures or distributes health care supplies or equipment. 234
(2) The board shall appoint the initial advisory council 235
members not later than September 1, 2026. 236
(3) The council shall meet at least annually or as deemed 237
necessary to conduct business. Meetings may be convened at the 238
call of the chairman or the written request of a majority of the 239
council members, or at the request of the department. 240
(4) A majority of the members of the council shall 241
constitute a quorum for all purposes. 242
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 11 (RF\KP)

(5) Members of the council shall receive no compensation for 243
services performed on the council, but may be reimbursed for 244
necessary and actual expenses incurred in connection with 245
attendance at meetings of the council or for authorized business 246
of the council, in accordance with Section 25-3-41, from funds 247
made available to the board for such purpose. 248
(6) It shall be a ground for removal from the council if a 249
member: 250
(a) Does not have at the time of appointment the 251
qualifications required for appointment to the council; 252
(b) Does not maintain during service on the council the 253
qualifications required for appointment to the council; 254
(c) Violates a prohibition established by this chapter; 255
or 256
(d) Fails to attend council meetings for a period of 257
one (1) year. 258
SECTION 10. State Board of Health powers and duties. (1) 259
(a) The board shall adopt, amend, promulgate and enforce such 260
rules, regulations and standards governing lactation consultants 261
as may be necessary to further the accomplishment of the purpose 262
of this chapter, and in so doing shall consider the corresponding 263
recommendations of the advisory council. 264
(b) The board shall publish and disseminate to all 265
licensees, in an appropriate manner, the licensure standards 266
prescribed by this chapter, any amendments thereto, and such rules 267
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 12 (RF\KP)

and regulations as the board may adopt, within sixty (60) days of 268
their adoption. 269
(2) The board shall adopt a code of ethics for lactation 270
consultants giving due consideration to the IBLCE "Code of 271
Professional Conduct for IBCLCs." 272
(3) The board shall issue and renew licenses to any person 273
who meets the requirements of this chapter. 274
(4) (a) The board may deny or refuse to renew a license, or 275
suspend or revoke a license, or issue orders to cease or desist 276
from certain conduct, or issue warnings or reprimands where the 277
licensee or applicant for license has been convicted of unlawful 278
conduct or has demonstrated unprofessional conduct that has 279
endangered or is likely to endanger the health, welfare or safety 280
of the public. Such conduct includes: 281
(i) Obtaining a license by means of fraud, 282
misrepresentation or concealment of material 283
facts; 284
(ii) Being guilty of unprofessional conduct as 285
defined by the rules and established by the board; 286
(iii) Being convicted of a crime in any court 287
other than a misdemeanor; 288
(iv) Violating any lawful order, rule or 289
regulation rendered or adopted by the board; or 290
(v) Violating any provision of this chapter. 291
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 13 (RF\KP)

(b) Such denial, refusal to renew, suspension, 292
revocation, order to cease and desist from designated conduct, or 293
warning or reprimand may be ordered by the board in a decision 294
made after a hearing in the manner provided by the rules and 295
regulations adopted by the board. One (1) year from the date of 296
the revocation of a license, application may be made to the board 297
for reinstatement. The board shall have discretion to accept or 298
reject an application for reinstatement and may, but shall not be 299
required to, hold a hearing to consider such reinstatement. 300
(5) (a) The board shall have full authority to investigate 301
and evaluate each and every applicant applying for a license to 302
practice lactation consulting, with the advice of the advisory 303
council. 304
(b) The board shall have the authority to issue 305
subpoenas, examine witnesses and administer oaths, and shall, at 306
its discretion, investigate allegations or practices violating the 307
provisions of this chapter, and in so doing shall have power to 308
seek injunctive relief to prohibit any person from providing 309
services as a licensed lactation consultant without being licensed 310
as provided under this chapter. 311
(6) A license certificate issued by the board is the 312
property of the board and must be surrendered on demand. 313
SECTION 11. Penalties. Any person who violates any 314
provision of this chapter shall, upon conviction thereof, be 315
guilty of a misdemeanor and shall be punished by a fine of not 316
H. B. No. 1093 *HR43/R2283* ~ OFFICIAL ~
26/HR43/R2283
PAGE 14 (RF\KP)
ST: MS Lactation Consultant Practice Act;
create.
more than One Thousand Dollars ($1,000.00), or imprisoned in the 317
county jail for a period not exceeding six (6) months, or both. 318
SECTION 12. Sections 1 through 12 of this act shall be 319
codified as a new chapter in Title 73, Mississippi Code of 1972. 320
SECTION 13. This act shall take effect and be in force from 321
and after July 1, 2026. 322