Tennessee SB 49: Medical Occupations - As introduced, enacts the "Tennessee Lactation Consultant Practice Act." - Amends TCA Title 4; Title 63 and Title 68.

Bill Text

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SENATE BILL 49
By Massey

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 63 and Title 68, relative to professions of the
healing arts.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 4-29-241(a), is amended by inserting
the following as a new subdivision:
( ) Board of lactation consultants, created by § 63-32-104;
SECTION 2. Tennessee Code Annotated, Title 63, is amended by adding the following
as a new chapter:
63-32-101. This chapter shall be known and may be cited as the "Tennessee Lactation
Consultant Practice Act".
63-32-102. The general assembly acknowledges that the application of specific
knowledge and skill relating to breastfeeding is important to the health of mothers and
babies, and acknowledges further that the rendering of sound lactation care and
services in hospitals, physician practices, private homes, and other settings requires
trained and competent professionals. It is declared, therefore, to be the purpose of this
chapter to protect the health, safety, and welfare of the public by providing for the
licensure and regulation of the activities of specific persons engaged in lactation care
and services.
63-32-103. As used in this chapter, the term:
(1) "Applicant" means any person seeking a license under this chapter;
(2) "Board" means the lactation consultant licensing board established pursuant
to this chapter;

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(3) "International board certified lactation consultant" or "IBCLC" means an
individual who holds current certification from the International Board of Lactation
Consultant Examiners (IBLCE) after demonstrating the appropriate education,
knowledge, and experience necessary for independent clinical practice;
(4) "International board of lactation consultant examiners" or "IBLCE" means the
international organization that certifies IBCLCs and is independently accredited by the
National Commission of Certifying Agencies;
(5) "Lactation care and services" means the clinical application of scientific
principles and a multidisciplinary body of evidence for the evaluation, problem
identification, treatment, education, and consultation to provide lactation care and
services to childbearing families. "Lactation care and services" includes, but is not
limited to:
(A) Lactation assessment through the systematic collection of subjective
and objective data;
(B) Analysis of data and creation of a plan of care;
(C) Implementation of a lactation care plan with demonstration and
instruction to parents and communication to the primary healthcare provider;
(D) Evaluation of outcomes;
(E) Provision of lactation education to parents and healthcare providers;
and
(F) The recommendation and use of assistive devices;
(6) "Licensed lactation consultant" means a person duly licensed under this
chapter to practice lactation care and services; and
(7) "Practice" means rendering or offering to render any lactation care and
services to any individual, family, or group of individuals.
63-32-104.

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(a) There is created the board of lactation consultants. The board shall consist
of five (5) members to be appointed by the governor as follows:
(1) Four (4) members shall be lactation consultants; and
(2) One (1) member shall represent the public at large.
(b) In order to stagger the terms of the board members, the governor shall make
initial appointments as follows:
(1) Two (2) persons appointed under subdivision (a)(1) shall be
appointed for a term of one (1) year, which shall expire on June 30, 2018;
(2) Two (2) persons appointed under subdivision (a)(1) shall be
appointed for a term of two (2) years, which shall expire on June 30, 2019; and
(3) The person appointed under subdivision (a)(2) shall be appointed for
a term of three (3) years, which shall expire on June 30, 2020.
(c)
(1) Following the expiration of members' initial terms as prescribed in
subsection (b), all terms shall begin on July 1 and terminate on June 30, three (3)
years thereafter.
(2) All members shall serve until the expiration of the term to which they
were appointed and until their successors are appointed and qualified.
(3) A vacancy occurring other than by expiration of a term shall be filled
in the same manner as the original appointment but only for the remaining
duration of the unexpired term.
(4) Following the expiration of their initial terms, members shall serve no
more than two (2) consecutive terms on the board.
(d) The board members shall serve without compensation but shall be entitled to
reimbursement of any travel expenses incurred. All reimbursement for travel shall be in

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accordance with the comprehensive travel regulations promulgated by the department of
finance and administration and approved by the attorney general and reporter.
63-32-105.
(a) The lactation consultant members of the board shall:
(1) Be citizens of the United States and residents of this state; and
(2)