New York 2025-2026 Regular Session

New York Assembly Bill A03526

Introduced
1/28/25  
Refer
1/28/25  

Caption

Provides for the licensure of lactation consultants and the establishment of a lactation consultant licensing board.

Summary

This bill would create a new licensed profession for lactation consultants in New York and establish a state lactation consultant licensing board under the Education Law. It defines lactation consultation as the clinical evaluation, management, and preventive counseling related to breastfeeding and infant feeding, and reserves the titles “lactation consultant” and “licensed lactation consultant” for individuals licensed under the new article. The bill also recognizes the title “international board certified lactation consultant (IBCLC)” as a separate credential reserved to those certified and registered by the International Board of Lactation Consultant Examiners. To obtain a license, applicants would need to meet education, supervised practice, examination, age, character, and fee requirements, including a high school diploma, specified health science coursework, lactation-specific education, 300 supervised clinical hours, passage of an approved exam, and continuing education for renewal. The bill includes grandfathering provisions for current IBCLCs and allows alternative supervision arrangements for applicants in geographically isolated areas. It also creates a licensing board to advise the Regents and the Education Department on licensure and professional conduct, with membership largely drawn from licensed lactation consultants and one consumer representative. The bill would affect the Education Law by adding a new Article 166-A and by making it professional misconduct to discriminate on the basis of gender identity, sexual orientation, or legal guardian status in the practice of lactation consultation. It also sets out exemptions so that the new licensing scheme would not restrict related services authorized under other professions or the supervised training of students and interns. In practical terms, the measure would regulate who may use the lactation consultant title and would create a formal state licensing pathway for practitioners in hospitals, clinics, private practice, and public health settings. The overall sentiment reflected in the bill materials is supportive and protective of public health, with the stated legislative intent emphasizing the need for trained professionals to address lactation and breastfeeding problems. No committee transcript or vote record is provided, so there is no recorded opposition or debate in the supplied materials. The structure of the bill suggests an effort to professionalize the field while preserving existing credentials and accommodating current practitioners through grandfathering. Potential points of contention include the scope of the new licensing requirements, the relationship between the state license and the existing IBCLC credential, and the extent to which the bill could affect practitioners already working in related health professions. The bill’s explicit anti-discrimination provision and its reference to the international code of marketing of breast-milk substitutes may also be notable to stakeholders concerned with professional standards, family access, and workplace or institutional compliance.

Impact

The bill would amend the New York Education Law by creating a new licensed profession for lactation consultants, adding a new Article 166-A, and authorizing the Board of Regents and Education Department to regulate licensure, practice standards, and professional misconduct in this field. It would restrict use of the titles “lactation consultant” and “licensed lactation consultant” to licensed individuals, establish a state licensing board, and impose education, supervised practice, examination, and continuing education requirements. It also adds a specific misconduct rule prohibiting discrimination based on gender identity, sexual orientation, or legal guardian status, while preserving the authority of other professions and supervised trainees to perform related services.

Sentiment

The bill appears to be framed positively and as a public-health measure, with the text emphasizing the need for trained and competent professionals to protect families’ health, safety, and welfare. Because no committee transcript or vote history is provided, there is no documented floor or committee opposition in the supplied materials. The bill’s inclusion of grandfathering for existing IBCLCs and alternative supervision options for isolated areas suggests an attempt to balance regulation with continuity for current practitioners.

Contention

Likely areas of contention are the new licensure mandate itself, the required educational and supervised clinical hours, and how the state license would interact with the existing IBCLC credential. Stakeholders in hospitals, public health clinics, private practice, and related health professions may also scrutinize whether the title restriction and board oversight could limit access or create additional compliance burdens. The bill’s anti-discrimination language and its board conflict-of-interest restrictions may also draw attention from advocates and professional organizations concerned with scope, governance, and professional autonomy.

Companion Bills

No companion bills found.

Previously Filed As

NY A00722

Provides for the licensure of lactation consultants and the establishment of a lactation consultant licensing board.

NY SB01373

An Act Requiring The Licensure Of Lactation Consultants.

NY SB317

Relating To Lactation Consultants.

NY SB317

Relating To Lactation Consultants.

NY SCR14

Requesting The Auditor To Conduct A Sunrise Analysis Of Lactation Consultant Licensure.

NY HB06584

An Act Requiring The Licensure Of International Board Certified Lactation Consultants.

NY SR10

Requesting The Auditor To Conduct A Sunrise Analysis Of Lactation Consultant Licensure.

NY HB1093

MS Lactation Consultant Practice Act; create.

NY HB2329

AN ACT Relating to midwife supervision of medical assistants and lactation consultants;

NY HB487

AN ACT relating to the practice of lactation consultation.

Similar Bills

No similar bills found.