STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator BRITNEE N. TIMBERLAKE
District 34 (Essex)
SYNOPSIS
Requires certain health care facilities to offer lactation counseling and consultations to persons who have given birth.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning lactation counseling and consultation and supplementing Title 26 of the Revised Statues.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Every hospital that provides inpatient maternity services and every birthing center licensed in the State pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall offer a person who has given birth at the hospital or birthing center:
(1) at least one in-person, one-on-one consultation with a lactation counselor or lactation consultant prior to that persons discharge from the hospital or birthing center; or
(2) lactation counseling or consultation with a lactation counselor or lactation consultant conducted remotely through live voice communication, if requested.
b. The counseling provided by the lactation counselor or lactation consultant pursuant to subsection a. of this section shall comprise of:
(1) breastfeeding education and support services, including educating the person who has given birth and the persons family about the impact of breastfeeding and human lactation on health and what to expect in the normal course of breastfeeding;
(2) advocacy for breastfeeding as the norm for feeding infants and young children;
(3) breastfeeding support and encouragement in order to help the person who has given birth meet their breastfeeding goals;
(4) the implementation of a lactation care plan for, and the provision of lactation education to, the person who has given birth including demonstration and instruction on how to breast feed;
(5) recommendations on the use of assistive devices, including nipple shields and supplemental nursing systems, and instruction on how to use and purchase such devices; and
(6) the distribution of informational literature on breastfeeding, including, but not limited to, information on the health benefits of breastfeeding.
c. In no case shall an individual who has been licensed or certified as an International Board Certified Lactation Consultant (IBCLC), and who provides lactation consultant services in a hospital or birthing center, licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), be required to be licensed as a registered nurse.
d. In no case shall a lactation consultant assigned to provide lactation support during a hospital shift be reassigned to non-lactation related duties during the same hospital shift.
2. As used in this act:
a. Lactation consultant means an individual or a licensed health care provider who is:
(1) qualified to use the credential, International Board Certified Lactation Consultant (IBCLC), denoting certification as a lactation consultant conferred by the International Board of Lactation Consultant Examiners; and
(2) demonstrates core competencies for the initiation and maintenance of infant feeding that are developed using evidence-based reference materials including, but not limited to, Implementing the Joint Commission Perinatal Care Core Measure on Exclusive Breastmilk Feeding, or any superseding standards.
b. Lactation counselor means an individual or a licensed health care provider who is:
(1) licensed or certified to practice lactation counseling under any law, or who is an accredited member belonging to another profession or occupation, who provides breastfeeding education and support services for which that person is licensed, regulated, accredited, or certified;
(2) an individual who possesses current certification as a Certified Lactation Counselor; or
(3) a community-based lactation supporter who has received at least 40 hours of specialty education in breastfeeding and lactation, and who works within a lactation counselors scope of practice.
3. The Department of Health shall adopt rules and regulations, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
4. This act shall take effect on the first day of the sixth month next following the date of enactment.
STATEMENT
This bill requires every hospital that provides inpatient maternity services and every birthing center licensed in the State pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) to offer a person who has given birth at the hospital or birthing center: (1) at least one in-person, one-on-one consultation with a lactation counselor or consultant prior to that persons discharge from the hospital or birthing center; or (2) lactation counseling or consultation with a lactation counselor or consultant conducted remotely through live voice communication, if appropriate.
The counseling provided by the lactation counselor or lactation consultant is to comprise of: (1) breastfeeding education and support services, including educating the person who has given birth and the persons family about the impact of breastfeeding and human lactation on health and what to expect in the normal course of breastfeeding; (2) advocacy for breastfeeding as the norm for feeding infants and young children; (3) breastfeeding support and encouragement in order to help the person who has given birth meet their breastfeeding goals; (4) the implementation of a lactation care plan for, and the provision of lactation education to, the person who has given birth including demonstration and instruction on how to breastfeed; (5) recommendations on assistive devices, including nipple shields and supplemental nursing systems, and how to use and purchase such devices; and (6) the distribution of informational literature on breastfeeding, including, but not limited to, information on the health benefits of breastfeeding.
The bill provides that a hospital that assigns a lactation consultant to lactation support duties may not reassign the consultant to non-lactation related duties during the same hospital shift.
As used in the bill, lactation consultant means an individual or a licensed health care provider who is: qualified to use the credential IBCLC, denoting certification as a lactation consultant as conferred by the International Board of Lactation Consultant Examiners, and has demonstrated core competencies for the initiation and maintenance of infant feeding that are developed using evidence-based reference materials, including, but not limited to, Implementing the Joint Commission Perinatal Care Core Measure on Exclusive Breastmilk Feeding, or any superseding standards. Lactation counselor means an individual or a licensed health care provider who is: (1) licensed or certified to practice lactation counseling under any law, or who is an accredited member belonging to another profession or occupation, who provides breastfeeding education and support services for which that person is licensed, regulated, accredited, or certified; (2) an individual who possesses current certification as a Certified Lactation Counselor; or (3) a community-based lactation supporter who has received at least 40 hours of specialty education in breastfeeding and lactation, and who works within a lactation counselors scope of practice.