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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: HHS DP 12-0-0-0
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HB 2072: lactation care providers; certification
Sponsor: Representative Fink, LD 27
Caucus & COW
Overview
Creates an optional state certification program for lactation care providers under the Arizona Department of Health Services (DHS). Sets application, qualification, rulemaking, fee and disciplinary requirements for regulating lactation care providers. Establishes the Lactation Care Providers Community Advisory Committee and outlines membership and duties.
History
Lactation care providers are health professionals who provide clinical or nonclinical lactation care, education and support to families. These providers include International Board Certified Lactation Consultants (IBCLCs), Certified Lactation Counselors (CLCs), Certified Lactation Educators (CLEs) and Indigenous Lactation Counselors (ILCs).
IBCLCs provide clinical lactation care. The credential requires successful completion of 14 college-level health science courses or equivalent, 95 hours of lactation-specific education, 300 to 1000 supervised clinical hours, and passage of the IBCLC examination. IBCLCs clinically assess and manage lactation and breastfeeding by acquiring medical histories of both mother and baby, performing physical exams and assessments of feeding and milk transfer, and conducting an analysis of physical, social, emotional and environmental risk factors that impact the breastfeeding process.
Nonclinical lactation care providers, including CLCs, CLEs and ILCs, are health professionals that provide breastfeeding education and practical and emotional support to families. While the credentialing requirements differ slightly, CLCs, CLEs, ILC and other nonclinical lactation care providers typically complete training programs of at least 40 hours of education and pass a certification exam. These professionals work in a variety of settings including hospitals, birth centers, private practices and community-based organizations (AZ Sunrise Report – Regulation of Lactation Care Providers).
Provisions
Application for Lactation Provider Certification
1. Allows a person to apply for a certificate to practice as a state-certified lactation care provider (LCP) on a form prescribed by the DHS Director and furnish the information required by the DHS Director. (Sec. 2)
2. Requires the DHS Director to grant an LCP certificate to a person who meets all the following:
a. is at least 18 years of age;
b. holds a current approved certification or otherwise meets minimum qualifications, education and training requirements established by the DHS Director;
c. pays the applicable fees; and
d. possesses a valid fingerprint clearance card. (Sec. 2)
3. Requires the DHS Director to prescribe by rule a sliding fee scale for all required fees. (Sec. 2)
4. Asserts that an LCP certificate is valid for two years. (Sec. 2)
5. Requires certificate holders to renew the certificate once every two years by applying to the DHS Director and paying the applicable renewal fee. (Sec. 2)
6. Requires a person to file an application for renewal at least 30 days and not more than 90 days before the date the current certificate expires. (Sec. 2)
Powers & Duties of the ADHS Director
7. Requires the DHS Director, by rule, to:
a. outline the scope of practice and the core competencies of state-certified LCPs;
b. describe and define reasonable education and training requirements for state-certified LCPs; and
c. establish criteria for granting, denying, suspending and revoking state-certified LCP certificates to protect the public health and safety. (Sec. 2)
8. Specifies that the scope of practice and core competencies for state-certified LCPs must include the skills and areas of knowledge that are essential to assist families and bring about expended health and wellness in diverse communities. (Sec. 2)
9. Allows the DHS Director to adopt rules that:
a. are necessary for the proper administration and enforcement for state-certified LCP certification; and
b. allow for reciprocity agreements, including with the Indian Health Service. (Sec. 2)
10. Authorizes the DHS Director to waive the minimum education and training requirements for certification for applicants who hold a current approved certification. (Sec. 2)
Denial, Suspension or Revocation of Lactation Provider Certificates
11. Allows the DHS Director to deny, suspend or revoke the certificate of any applicant for a certificate or any state-certified LCP who:
a. violates any applicable statutes or rules;
b. has been convicted of a felony or misdemeanor involving moral turpitude; and
c. indulges in conduct or a practice that is detrimental to the public health or safety. (Sec. 2)
12. Permits an applicant or state-certified LCP to request a hearing to review the denial, suspension or revocation after receiving notification of a denial, suspension or revocation of certification. (Sec. 2)
13. Requires DHS to conduct an administrative hearing if a hearing has been requested by an applicant or state-certified LCP. (Sec. 2)
14. Specifies that a state-certified LCP employed by an Indian tribe who violates LCP statutes and rules is under tribal government jurisdiction. (Sec. 2)
15. Specifies that any information provided to the DHS Director that is determined to have violated any LCP statutes or rules may result in the denial, suspension or revocation of the LCP certification. (Sec. 2)
16. Deems internal hearings, appeals or penalties resulting from disciplinary actions by a tribal government to be the final decision. (Sec. 2)
17. Allows the DHS Director to investigate information that indicates a person may have violated or may be violating any applicable LCP statutes or rules. (Sec. 2)
18. Enables the DHS Director, in connection with an investigation, to examine and copy documents and other physical evidence, wherever located, that relate to the conduct or competency of a state-certified LCP. (Sec. 2)
Lactation Care Providers Community Advisory Committee
(Advisory Committee)
19. Establishes the Advisory Committee consisting of at least nine LCPs, not more than four of whom hold the same approved certification and are appointed by the DHS Director. (Sec. 2)
20. Subjects the Advisory Committee members to two-year terms. (Sec. 2)
21. Requires the DHS Director to consult with the Advisory Committee regarding implementing LCP statutes and rules. (Sec. 2)
22. Requires the Advisory Committee to:
a. assist in the development of the scope of practice and core competencies for state-certified LCPs with different approved certifications; and
b. review rules and advise the DHS Director of any necessary updates. (Sec. 2)
Miscellaneous
23. Requires the DHS Director, by rule, to establish and collect nonrefundable fees for certification of LCPs that are consistent with fees for hearing aid dispensers, audiologists and language pathologists. (Sec. 2)
24. Requires DHS to deposit all LCP fees collected in a segregated account in the Health Services Licensing Fund. (Sec. 2)
25. Adds that the Health Care Services Licensing Fund consists of monies from LCP certification fees. (Sec. 1)
26. Asserts that this does not require LCP to be certified by DHS to practice in Arizona. (Sec. 2)
27. Prohibits the state and any political subdivision of the state from providing a preference in awarding a public contract for state-certified LCP services or an entity that employs state-certified LCPs. (Sec. 2)
28. Defines terms. (Sec. 2)
29. Makes a conforming change. (Sec. 3-5)
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33. Initials AG HB 2072
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