HF 2322

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/29/2016 11:16am

A bill for an act
relating to health; creating licensing for the practice of clinical lactation services;
establishing fees; requiring a report; proposing coding for new law in Minnesota
Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148.9801] SCOPE AND APPLICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Sections 148.9801 to 148.9813 apply to persons who are
applicants for licensure, who are licensed, who use the title licensed lactation consultant,
or who represent that they are licensed under sections 148.9801 to 148.9813.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin Nothing in sections 148.9801 to 148.9813 shall prohibit any
person from providing breastfeeding education and support services, whether or not that
person is licensed under sections 148.9801 to 148.9813.
new text end

Sec. 2.

new text begin [148.9802] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of sections 148.9801 to 148.9813, the
following terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Biennial licensure period. new text end

new text begin "Biennial licensure period" means the two-year
period for which licensure is effective.
new text end

new text begin Subd. 3. new text end

new text begin Breastfeeding education and support services. new text end

new text begin "Breastfeeding
education and support services" refers to services such as educating women, families,
health professionals, and the community about the impact of breastfeeding and human
lactation on health and what to expect in the normal course of breastfeeding; facilitating
the development of policies that protect, promote, and support breastfeeding; acting as
an advocate for breastfeeding as the child-feeding norm; providing holistic breastfeeding
support, encouragement, and care from preconception to weaning in order to help women
and their families meet their breastfeeding goals; using principles of adult education when
teaching clients, health care providers, and others in the community; and identifying and
referring high-risk mothers and babies and those requiring clinical treatment to licensed
providers. Anyone, with or without a license, may provide breastfeeding education and
support services.
new text end

new text begin Subd. 4. new text end

new text begin Clinical lactation services. new text end

new text begin "Clinical lactation services" refers to the
clinical application of evidence-based practices for evaluation, problem identification,
treatment, education, and consultation in providing lactation care and services to
childbearing families. Clinical lactation services involves one or more of the following
activities: lactation assessment through the systematic collection of data; analysis of data;
creation of lactation care plans; implementation of lactation care plans, including but not
limited to providing demonstration and instruction to parents and communicating with
the primary health care provider; evaluation of outcomes; and recommending the use of
assistive devices when appropriate. Individuals who provide one or more of the services
listed in this subdivision are providing clinical lactation services.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health or a
designee.
new text end

new text begin Subd. 6. new text end

new text begin Credential. new text end

new text begin "Credential" means a license, permit, certification, registration,
or other evidence of qualification or authorization to engage in the practice of clinical
lactation services issued by any authority.
new text end

new text begin Subd. 7. new text end

new text begin International Board-Certified Lactation Consultant. new text end

new text begin "International
Board-Certified Lactation Consultant" means an individual who possesses a credential
from the International Board of Lactation Consultant Examiners.
new text end

new text begin Subd. 8. new text end

new text begin License or licensed. new text end

new text begin "License" or "licensed" means the act or status of a
natural person who meets the requirements of sections 148.9801 to 148.9813.
new text end

new text begin Subd. 9. new text end

new text begin Licensed lactation consultant. new text end

new text begin "Licensed lactation consultant" means an
individual who meets the requirements of sections 148.9801 to 148.9813, is licensed by
the commissioner, and is permitted to provide clinical lactation services and use the title
of licensed lactation consultant.
new text end

new text begin Subd. 10. new text end

new text begin Licensee. new text end

new text begin "Licensee" means a person who meets the requirements of
sections 148.9801 to 148.9813.
new text end

new text begin Subd. 11. new text end

new text begin Licensure by equivalency. new text end

new text begin "Licensure by equivalency" means a method
of licensure described in section 148.9806, subdivision 2, by which an individual who
possesses a credential from the International Board of Lactation Consultant Examiners or
another nationally recognized credentialing agency may qualify for licensure.
new text end

new text begin Subd. 12. new text end

new text begin Licensure by reciprocity. new text end

new text begin "Licensure by reciprocity" means a method
of licensure described in section 148.9806, subdivision 3, by which an individual who
possesses a credential from another jurisdiction may qualify for Minnesota licensure.
new text end

new text begin Subd. 13. new text end

new text begin Protected title. new text end

new text begin "Protected title" means the title of licensed lactation
consultant.
new text end

Sec. 3.

new text begin [148.9803] LICENSURE; PROTECTED TITLES AND RESTRICTIONS
ON USE; EXEMPT PERSONS; SANCTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Unlicensed practice prohibited. new text end

new text begin No person shall engage in the
practice of clinical lactation services unless the person is licensed as a licensed consultant
in accordance with sections 148.9801 to 148.9813.
new text end

new text begin Subd. 2. new text end

new text begin Protected titles and restrictions on use. new text end

new text begin Use of the phrases "licensed
lactation consultant," "Licensed LC," or "Lic. LC," alone or in combination with any other
words or initials to form an occupational title or to indicate or imply that the person is
licensed by the state as a licensed lactation consultant is prohibited unless that person is
licensed under sections 148.9801 to 148.9813.
new text end

new text begin Subd. 3. new text end

new text begin Exempt persons. new text end

new text begin This section does not apply to:
new text end

new text begin (1) a person employed as a lactation consultant by the government of the United
States or any agency of it. However, use of the protected titles under those circumstances is
allowed only in connection with performance of official duties for the federal government;
new text end

new text begin (2) a student participating in supervised fieldwork or supervised coursework that
is necessary to meet the requirements of sections 148.9801 to 148.9813 if the student is
designated by a title which clearly indicates the student's status as a student trainee. Any
use of the protected titles under these circumstances is allowed only while the person is
performing the duties of the supervised fieldwork or supervised coursework;
new text end

new text begin (3) a person visiting and then leaving the state and performing clinical lactation
services while in the state if the services are performed no more than 30 days in a
calendar year as part of a professional activity that is limited in scope and duration and
is in association with a licensed lactation consultant licensed under sections 148.9801 to
148.9813, and:
new text end

new text begin (i) the person is credentialed under the law of another state which has credentialing
requirements at least as stringent as the requirements of sections 148.9801 to 148.9813; or
new text end

new text begin (ii) the person meets the requirements for certification as an International
Board-Certified Lactation Consultant established by the International Board of Lactation
Consultant Examiners;
new text end

new text begin (4) a person licensed to practice as a dentist under chapter 150A, physician or
osteopath under chapter 147, nurse under sections 148.171 to 148.285, physician assistant
under chapter 147A, dietician under sections 148.621 to 148.634, or midwife under
chapter 147D, when providing clinical lactation services incidental to the practice of the
person's profession, except the person shall not use the protected titles;
new text end

new text begin (5) an employee of a department, agency, or division of state, county, or local
government, when providing clinical lactation services within the discharge of the
employee's official duties including, but not limited to, peer counselors in the Special
Supplemental Nutrition Program for Women, Infants, and Children; or
new text end

new text begin (6) a volunteer providing clinical lactation services, if:
new text end

new text begin (i) the volunteer does not use the protected titles or represent that the volunteer is
licensed or has the clinical skills and abilities associated with licensure;
new text end

new text begin (ii) the volunteer service is performed for free, with no fee charged to or payment,
monetary or otherwise, provided by the individual or group served; and
new text end

new text begin (iii) the volunteer receives no compensation, monetary or otherwise, except for
administrative expenses including, but not limited to, mileage.
new text end

new text begin Subd. 4. new text end

new text begin Sanctions. new text end

new text begin A person who practices clinical lactation services or represents
that they are a licensed lactation consultant by or through the use of any title described
in subdivision 2 without prior licensure according to sections 148.9801 to 148.9813
is subject to sanctions or action against continuing the activity according to section
148.9804, chapter 214, or other statutory authority.
new text end

new text begin Subd. 5. new text end

new text begin Exemption. new text end

new text begin Nothing in sections 148.9801 to 148.9813 shall prohibit the
practice of any profession or occupation, licensed or registered by the state, by any person
duly licensed or registered to practice the profession or occupation or to perform any act
that falls within the scope of practice of the profession or occupation.
new text end

Sec. 4.

new text begin [148.9804] PENALTY.
new text end

new text begin A person who violates sections 148.9801 to 148.9813 is guilty of a misdemeanor. If
a person other than a licensed lactation consultant engages in an act or practice prohibited
under sections 148.9801 to 148.9813, a district court may issue an injunction or other
appropriate order restraining the act or practice.
new text end

new text begin If the commissioner finds that a licensed lactation consultant has violated the
provisions of sections 148.9801 to 148.9813 or rules adopted under those sections, the
commissioner may impose a civil penalty not exceeding $10,000 for each separate
violation. The amount of the civil penalty shall be fixed so as to deprive the licensed
lactation consultant of any economic advantage gained by reason of the violation charged,
to discourage similar violations, and to reimburse the commissioner for the cost of the
investigation and proceeding, including, but not limited to: fees paid for services provided
by the Office of Administrative Hearings; legal and investigative services provided by the
Office of the Attorney General; services of court reporters; witnesses; and reproduction
of records.
new text end

Sec. 5.

new text begin [148.9806] APPLICATION REQUIREMENTS; PROCEDURE.
new text end

new text begin Subdivision 1. new text end

new text begin Application for licensure. new text end

new text begin An applicant for licensure must:
new text end

new text begin (1) have a current credential from the International Board of Lactation Consultant
Examiners or another jurisdiction whose standards for credentialing are determined by
the commissioner to be equivalent to or exceed the requirements for licensure under
subdivision 2;
new text end

new text begin (2) submit a completed application for licensure on forms provided by the
commissioner and supply the information requested on the application, including:
new text end

new text begin (i) the applicant's name, business address, business telephone number, business
setting, and daytime telephone number;
new text end

new text begin (ii) a description of the applicant's education and training, including a list of degrees
received from educational institutions;
new text end

new text begin (iii) the applicant's work history for the six years preceding the application, including
the number of hours worked;
new text end

new text begin (iv) a list of all lactation consulting credentials currently and previously held in
Minnesota and other jurisdictions;
new text end

new text begin (v) a description of any jurisdiction's refusal to credential the applicant;
new text end

new text begin (vi) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction;
new text end

new text begin (vii) information on any physical or mental condition or chemical dependency
that impairs the applicant's ability to provide clinical lactation services with reasonable
judgment or safety;
new text end

new text begin (viii) a description of any misdemeanor or felony conviction that relates to honesty
or to the practice of clinical lactation services; and
new text end

new text begin (ix) a description of any state or federal court order, including a conciliation court
order or a disciplinary order, related to the individual's clinical lactation services practice;
new text end

new text begin (3) submit with the application all fees required by section 148.9811;
new text end

new text begin (4) sign a statement that the information in the application is true and correct to the
best of the applicant's knowledge and belief;
new text end

new text begin (5) sign a waiver authorizing the commissioner to obtain access to the applicant's
records in this or any other state in which the applicant holds or previously held a
credential for the practice of an occupation, completed a clinical lactation services
education program, or engaged in the practice of clinical lactation services;
new text end

new text begin (6) within 30 days of a request, submit additional information as requested by the
commissioner to clarify information in the application, including information to determine
whether the individual has engaged in conduct warranting disciplinary action under
section 148.9812; and
new text end

new text begin (7) submit the additional information required for licensure by equivalency or
licensure by reciprocity.
new text end

new text begin Subd. 2. new text end

new text begin Applicants credentialed by the International Board of Lactation
Consultant Examiners. new text end

new text begin An applicant who is credentialed by the International Board of
Lactation Consultant Examiners as an International Board-Certified Lactation Consultant
may be eligible for licensure by equivalency as a licensed lactation consultant. Nothing in
this section limits the commissioner's authority to deny licensure based upon the grounds
for discipline in section 148.9812. Applicants under this subdivision must provide the
materials required in subdivision 1 and must also provide:
new text end

new text begin (1) verified documentation from the International Board of Lactation Consultant
Examiners stating that the applicant is credentialed as an International Board-Certified
Lactation Consultant. The applicant is responsible for obtaining this documentation; and
new text end

new text begin (2) a waiver authorizing the commissioner to obtain access to the applicant's records
maintained by the International Board of Lactation Consultant Examiners.
new text end

new text begin Subd. 3. new text end

new text begin Applicants credentialed in another jurisdiction. new text end

new text begin (a) An applicant who
holds a current credential as a licensed lactation consultant in the District of Columbia or a
state or territory of the United States whose standards for credentialing are determined
by the commissioner to be equivalent to or exceed the requirements for licensure under
subdivision 2, may be eligible for licensure by reciprocity as a licensed lactation
consultant. Nothing in this section limits the commissioner's authority to deny licensure
based upon the grounds for discipline in section 148.9812.
new text end

new text begin (b) Applicants under this subdivision must provide the materials required in
subdivision 1 and must also request that the appropriate government body in each
jurisdiction in which the applicant holds or held credentials as a licensed lactation
consultant or substantially similar title send a letter to the commissioner verifying the
applicant's credentials. A license shall not be issued until the commissioner receives a
letter verifying each of the applicant's credentials. Each letter must include the applicant's
name and date of birth, credential number and date of issuance, a statement regarding
investigations pending and disciplinary actions taken or pending against the applicant,
current status of the credential, and the terms under which the credential was issued.
new text end

new text begin Subd. 4. new text end

new text begin Action on applications for licensure. new text end

new text begin (a) The commissioner shall
approve, approve with conditions, or deny licensure. The commissioner shall act on an
application for licensure according to paragraphs (b) to (d).
new text end

new text begin (b) The commissioner shall determine if the applicant meets the requirements for
licensure. The commissioner may investigate information provided by an applicant to
determine whether the information is accurate and complete.
new text end

new text begin (c) The commissioner shall notify an applicant of action taken on the application
and, if licensure is denied or approved with conditions, the grounds for the commissioner's
determination.
new text end

new text begin (d) An applicant denied licensure or granted licensure with conditions may make
a written request to the commissioner, within 30 days of the date of the commissioner's
determination, for reconsideration of the commissioner's determination. Individuals
requesting reconsideration may submit information which the applicant wants considered
in the reconsideration. After reconsideration of the commissioner's determination to deny
licensure or grant licensure with conditions, the commissioner shall determine whether
the original determination should be affirmed or modified. An applicant is allowed no
more than one request in any one biennial licensure period for reconsideration of the
commissioner's determination to deny licensure or approve licensure with conditions.
new text end

Sec. 6.

new text begin [148.9807] LICENSURE RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Renewal requirements. new text end

new text begin To be eligible for licensure renewal, a
licensee must:
new text end

new text begin (1) submit a completed and signed application for licensure renewal on forms
provided by the commissioner;
new text end

new text begin (2) submit the renewal fee required under section 148.9811;
new text end

new text begin (3) submit proof that the licensee is currently credentialed by the International
Board of Lactation Consultant Examiners, or another jurisdiction as described in section
148.9806; and
new text end

new text begin (4) submit additional information as requested by the commissioner to clarify
information presented in the renewal application. The information must be submitted
within 30 days after the commissioner's request.
new text end

new text begin Subd. 2. new text end

new text begin Renewal deadline. new text end

new text begin (a) Except as provided in paragraph (c), licenses must
be renewed every two years. Licensees must comply with the procedures in paragraphs
(b) to (e).
new text end

new text begin (b) Each license must state an expiration date. An application for licensure renewal
must be received by the Department of Health at least 30 calendar days before the
expiration date.
new text end

new text begin (c) If the commissioner changes the renewal schedule and the new expiration date is
less than two years in the future, the fee to be reported at the next renewal must be prorated.
new text end

new text begin (d) An application for licensure renewal not received within the time required under
paragraph (b), but received on or before the expiration date, must be accompanied by a
late fee in addition to the renewal fee specified in section 148.9811.
new text end

new text begin (e) Licensure renewals received after the expiration date shall not be accepted and
persons seeking licensed status must comply with the requirements of section 148.9808.
new text end

new text begin Subd. 3. new text end

new text begin Licensure renewal notice. new text end

new text begin At least 60 calendar days before the expiration
date in subdivision 2, the commissioner shall notify the licensee. The notice must include
an application for licensure renewal and notice of fees required for renewal. The licensee's
failure to receive notice does not relieve the licensee of the obligation to meet the renewal
deadline and other requirements for licensure renewal.
new text end

Sec. 7.

new text begin [148.9808] LICENSURE RENEWAL; AFTER EXPIRATION DATE.
new text end

new text begin An individual whose application for licensure renewal is received after the licensure
expiration date must submit the following:
new text end

new text begin (1) a completed and signed application for licensure following lapse in licensed
status on forms provided by the commissioner;
new text end

new text begin (2) the renewal fee and the late fee required under section 148.9811;
new text end

new text begin (3) proof that the licensee is currently credentialed by the International Board of
Lactation Consultant Examiners, or another jurisdiction as described in section 148.9806;
and
new text end

new text begin (4) additional information as requested by the commissioner to clarify information in
the application, including information to determine whether the individual has engaged in
conduct warranting disciplinary action as set forth in section 148.9812. This information
must be submitted within 30 days after the commissioner's request.
new text end

Sec. 8.

new text begin [148.9809] CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.
new text end

new text begin A licensee who changes a name, address, or employment must inform the
commissioner, in writing, of the change of name, address, employment, business address,
or business telephone number within 30 days. A change in name must be accompanied by
a copy of a marriage certificate or court order. All notices or other correspondence mailed
to or served on a licensee by the commissioner at the licensee's address on file with the
commissioner shall be considered as having been received by the licensee.
new text end

Sec. 9.

new text begin [148.9810] RECIPIENT NOTIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Required notification. new text end

new text begin In the absence of a physician referral or
prior authorization, and before providing clinical lactation services for remuneration or
expectation of payment from the client, a licensed lactation consultant must provide the
following written notification in all capital letters of 12-point or larger boldface type to
the client, parent, or guardian: "Your health care provider, insurer, or plan may require a
physician referral or prior authorization and you may be obligated for partial or full payment
for clinical lactation services rendered." Information other than this notification may be
included as long as the notification remains conspicuous on the face of the document. A
nonwritten disclosure format may be used to satisfy the recipient notification requirement
when necessary to accommodate the physical condition of a client or client's guardian.
new text end

new text begin Subd. 2. new text end

new text begin Evidence of recipient notification. new text end

new text begin The licensed lactation consultant
is responsible for providing evidence of compliance with the recipient notification
requirement of this section.
new text end

Sec. 10.

new text begin [148.9811] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Initial licensure fee. new text end

new text begin The initial licensure fee for licensed lactation
consultants is $80. The commissioner shall prorate fees based on the number of quarters
remaining in the biennial licensure period.
new text end

new text begin Subd. 2. new text end

new text begin Licensure renewal fee. new text end

new text begin The biennial licensure renewal fee for licensed
lactation consultants is $80.
new text end

new text begin Subd. 3. new text end

new text begin Duplicate license fee. new text end

new text begin The fee for a duplicate license is $25.
new text end

new text begin Subd. 4. new text end

new text begin Late fee. new text end

new text begin The fee for late submission of a renewal application is $25.
new text end

new text begin Subd. 5. new text end

new text begin Verification to other states. new text end

new text begin The fee for verification of licensure to other
states is $25.
new text end

new text begin Subd. 6. new text end

new text begin Use of fees. new text end

new text begin All fees are nonrefundable. Fees collected under this section
shall be deposited in the state treasury and credited to the state government special revenue
fund for the purposes of administering sections 148.9801 to 148.9813.
new text end

new text begin Subd. 7. new text end

new text begin Penalty fee. new text end

new text begin (a) The penalty for using the protected title of licensed
lactation consultant without a current license after the credential has expired and before it
is renewed is the amount of the license renewal fee for any part of the first month, plus the
license renewal fee for any part of any subsequent month up to 36 months.
new text end

new text begin (b) The penalty for applicants who use the protected title of licensed lactation
consultant before being issued a license is the amount of the license application fee for
any part of the first month, plus the license application fee for any part of any subsequent
month up to 36 months.
new text end

new text begin (c) For conduct described in paragraph (a) or (b) exceeding six months, payment of a
penalty does not preclude any disciplinary action reasonably justified by the individual case.
new text end

Sec. 11.

new text begin [148.9812] GROUNDS FOR DISCIPLINE OR DENIAL OF
LICENSURE; INVESTIGATION PROCEDURES; DISCIPLINARY ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds for discipline or denial of licensure. new text end

new text begin The commissioner
may deny an application for licensure, may approve licensure with conditions, or may
discipline a licensee using any disciplinary action listed in subdivision 3 on proof that
the individual has:
new text end

new text begin (1) intentionally submitted false or misleading information to the commissioner;
new text end

new text begin (2) failed, within 30 days, to provide information in response to a written request by
the commissioner;
new text end

new text begin (3) performed services of a licensed lactation consultant in an incompetent manner
or in a manner that falls below the community standard of care;
new text end

new text begin (4) violated a provision of sections 148.9801 to 148.9813;
new text end

new text begin (5) aided or abetted another person in violating a provision of sections 148.9801 to
148.9813;
new text end

new text begin (6) failed to perform services with reasonable judgment, skill, or safety due to the
use of alcohol or drugs, or other physical or mental impairment;
new text end

new text begin (7) been convicted of violating any state or federal law, rule, or regulation which
directly relates to the practice of clinical lactation services;
new text end

new text begin (8) been disciplined for conduct in the practice of an occupation by the state of
Minnesota, another jurisdiction, or a national professional association, if any of the
grounds for discipline are the same or substantially equivalent to those in sections
148.9801 to 148.9813;
new text end

new text begin (9) not cooperated with the commissioner in an investigation conducted according to
subdivision 2;
new text end

new text begin (10) advertised in a manner that is false or misleading;
new text end

new text begin (11) engaged in dishonest, unethical, or unprofessional conduct in connection with the
practice of clinical lactation services that is likely to deceive, defraud, or harm the public;
new text end

new text begin (12) demonstrated a willful or careless disregard for the health, welfare, or safety
of a client;
new text end

new text begin (13) performed medical diagnosis or provided treatment without being licensed to
do so under the laws of this state;
new text end

new text begin (14) paid or promised to pay a commission or part of a fee to any person who
contacts the licensed lactation consultant for consultation or sends patients to the licensed
lactation consultant for treatment;
new text end

new text begin (15) engaged in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state
medical assistance laws;
new text end

new text begin (16) obtained money, property, or services from a consumer through the use of
undue influence, high-pressure sales tactics, harassment, duress, deception, or fraud;
new text end

new text begin (17) performed services for a client who had no possibility of benefiting from the
services;
new text end

new text begin (18) failed to refer a client for medical evaluation when appropriate or when a client
indicated symptoms associated with diseases that could be medically or surgically treated;
new text end

new text begin (19) engaged in conduct with a client that is sexual, or may reasonably be interpreted
by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a client;
new text end

new text begin (20) violated a federal or state court order, including a conciliation court judgment,
or a disciplinary order issued by the commissioner, related to the person's clinical lactation
services practice; or
new text end

new text begin (21) any other just cause related to the practice of clinical lactation services.
new text end

new text begin Subd. 2. new text end

new text begin Investigation of complaints. new text end

new text begin The commissioner may initiate an
investigation upon receiving a complaint or other oral or written communication that
alleges or implies that a person has violated sections 148.9801 to 148.9813. In the
receipt, investigation, and hearing of a complaint that alleges or implies that a person has
violated sections 148.9801 to 148.9813, the commissioner shall follow the procedures
in section 214.10.
new text end

new text begin Subd. 3. new text end

new text begin Disciplinary action. new text end

new text begin If the commissioner finds that a licensed lactation
consultant should be disciplined according to subdivision 1, the commissioner may take
any one or more of the following actions:
new text end

new text begin (1) refuse to grant or renew licensure;
new text end

new text begin (2) approve licensure with conditions;
new text end

new text begin (3) revoke licensure;
new text end

new text begin (4) suspend licensure;
new text end

new text begin (5) any reasonable lesser action including, but not limited to, reprimand or restriction
on licensure; or
new text end

new text begin (6) any action authorized by statute.
new text end

new text begin Subd. 4. new text end

new text begin Effect of specific disciplinary action on use of title. new text end

new text begin Upon notice from
the commissioner denying licensure renewal or upon notice that disciplinary actions have
been imposed and the person is no longer entitled to provide clinical lactation services and
use the protected title of licensed lactation consultant, the person shall cease to provide
clinical lactation services, to use the title protected by sections 148.9801 to 148.9813, and
to represent to the public that the person is licensed by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Reinstatement requirements after disciplinary action. new text end

new text begin A person who
has had licensure suspended may request and provide justification for reinstatement
following the period of suspension specified by the commissioner. The requirements
of section 148.9808 for renewing licensure and any other conditions imposed with the
suspension must be met before licensure may be reinstated.
new text end

new text begin Subd. 6. new text end

new text begin Authority to contract. new text end

new text begin The commissioner shall contract with the health
professionals services program as authorized by sections 214.31 to 214.37 to provide these
services to practitioners under sections 148.9801 to 148.9813. The health professionals
services program does not affect the commissioner's authority to discipline violations of
sections 148.9801 to 148.9813.
new text end

Sec. 12.

new text begin [148.9813] STAKEHOLDER ENGAGEMENT.
new text end

new text begin The commissioner shall work with community stakeholders in Minnesota
including, but not limited to, the Minnesota Breastfeeding Coalition; the women,
infants, and children program; hospitals and clinics; local public health professionals
and organizations; community-based organizations; and representatives of populations
with low breastfeeding rates to carry out a study identifying barriers, challenges, and
successes affecting initiation, duration, and exclusivity of breastfeeding. The study
shall address policy, systemic, and environmental factors that both support and create
barriers to breastfeeding. These factors include, but are not limited to, issues such as
levels of practice and barriers such as education, clinical experience, and cost to those
seeking certification as an International Board-Certified Lactation Consultant. The study
shall identify and make recommendations regarding culturally appropriate practices that
have been shown to increase breastfeeding rates in populations that have the greatest
breastfeeding disparity rates. A report on the study must be completed and submitted to
the commissioner on or before September 15, 2017.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 12 are effective July 1, 2017.
new text end