A6004

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 counselor prior to that person’s discharge from the hospital or birthing center; or

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

b. The counseling provided by the lactation counselor 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 and, encouragement during weaning 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 assistive devices, including, but not limited to breast milk pumps, and 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. 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.

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

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

STATEMENT

This bill requires 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.) to 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 counselor prior to that person’s discharge from the hospital or birthing center; or (2) lactation counseling or a consultation with a lactation counselor conducted remotely through live voice communication, if appropriate.

The counseling provided by the lactation counselor is to 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 and, encouragement during weaning 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 assistive devices, including, but not limited to breast milk pumps, and 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.

As used in the bill, “lactation counselor” means an individual or a licensed health care provider who is : 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 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.