Bill Text: NJ A821 | 2022-2023 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires certain health care facilities to offer lactation counseling and consultations to persons who have given birth.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-06-02 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A821 Detail]

Download: New_Jersey-2022-A821-Amended.html

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[First Reprint]

ASSEMBLY, No. 821

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 

 

Sponsored by:

Assemblywoman  BRITNEE N. TIMBERLAKE

District 34 (Essex and Passaic)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

 

 

 

 

SYNOPSIS

     Requires certain health care facilities to offer consultations with lactation counselors to persons who have given birth.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Women and Children Committee on February 7, 2022, with amendments.

  

An Act concerning lactation 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 ¹[counselor] consultant¹ prior to that person's discharge from the hospital or birthing center; or

     (2)   lactation counseling or ¹[a]¹ consultation with a lactation ¹[counselor] consultant¹ conducted remotely through live voice communication, if requested.

     b.    The counseling provided by the lactation ¹[counselor] consultant¹ 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 person's 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 and¹[,]¹ encouragement ¹[during weaning]¹ 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 ¹[, but not limited to breast milk pumps] nipple shields and supplemental nursing systems¹, 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.     ¹[As used in this section:

     "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; or

     (2)   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 counselor's scope of practice.] 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.¹   

 

     ¹2.   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 institute lactation consultant staffing ratios as recommended by the United States Lactation Consultant Association (2021).

     b.    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.¹

 

     ¹3.   As used in this act:

     "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.¹

 

     ¹[2.] 4.¹     The Department of Health shall adopt rules and regulations, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 ¹[22]¹ (C.52:14B-1 et seq.), to effectuate the purposes of this act.

 

     ¹[3.] 5.¹     This act shall take effect on the first day of the sixth month next following the date of enactment.