MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Anderson (110th)
AN ACT TO BE KNOWN AS THE MISSISSIPPI LACTATION CONSULTANT PRACTICE ACT; TO PROVIDE FOR THE LICENSURE AND REGULATION OF LACTATION CONSULTANTS BY THE STATE BOARD OF HEALTH; TO PROVIDE THAT ON AND AFTER JULY 1, 2029, NO PERSON MAY PRACTICE LACTATION COUNSELING OR USE CERTAIN TITLES WITHOUT HAVING A LICENSE; TO PRESCRIBE THE QUALIFICATIONS FOR LICENSURE; TO PROVIDE FOR CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE CERTAIN EXEMPTIONS FROM LICENSURE; TO ESTABLISH THE COUNCIL OF ADVISORS IN LACTATION CONSULTING TO ADVISE THE BOARD ON MATTERS RELATING TO THIS ACT; TO PRESCRIBE THE POWERS OF THE BOARD UNDER THIS ACT; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Short title. This chapter shall be known and may be cited as the "Mississippi Lactation Consultant Practice Act".
SECTION 2. Purpose of chapter; legislative findings. Having received testimony of the unique and specific vulnerabilities of new mothers and infants and evidence of the harm that befalls mothers and children from incompetent lactation care, the Legislature finds the lactation consultant's possession of lactation knowledge, expertise and competencies arises from their specialized education and clinical training and therefore it is reasonable and necessary to identify the education, training, competencies and the scope of practice of those who may lawfully practice lactation consulting to advance the health, safety and welfare of citizens. It is declared, therefore, that this chapter's restrictions are health and safety regulations that are reasonable and necessary to protect the health, safety and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in lactation consulting.
SECTION 3. Definitions. For the purposes of this chapter, the following terms shall have the meanings as defined in this section:
(a) "Applicant" means any person seeking a license under this chapter.
(b) "Board" means the State Board of Health.
(c) "Department" means the State Department of Health.
(d) "Advisory Council" means the Mississippi Council of Advisors in Lactation Consulting established in this chapter.
(e) "International Board Certified Lactation Consultant (IBCLC)" means a person who holds current certification from the International Board of Lactation Consultant Examiners (IBLCE) as a lactation consultant after demonstrating the appropriate education, knowledge, and experience necessary for independent clinical practice.
(f) "International Board of Lactation Consultant Examiners (IBLCE)" means the international certification body that confers the International Board Certified Lactation Consultant credential.
(g) "CEU" means continuing education unit.
(h) "Lactation consultant" means a person in good standing as a lactation consultant with the IBLCE, or its successor organization.
(i) "Licensed lactation consultant" means a person licensed under this chapter and regulations promulgated under this chapter.
(j) "Examination for licensure" means the IBLCE certification exam.
(k) "Lactation consulting intern" means a student enrolled in a Human Lactation program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) which upon successful completion will qualify the student to sit for the IBCLC exam; a person who has completed the didactic education required by IBLCE to sit for the IBCLC exam, but is still in need of completing supervised clinical hours before qualifying to sit for the exam; or a person who has taken the IBCLC exam and is either waiting on the results or was not successful in passing the exam, provided that no person shall work as a lactation consulting intern for more than five years.
(l) "License" means the document of licensure issued by the board.
(m) "Perinatal health worker" means a doula, community health worker, peer counselor, WIC (Women Infants and Children) peer counselor, peer supporter, breastfeeding and lactation educator or counselor, childbirth educator, social worker, home visitor and/or any other perinatal educator.
(n) "Practice" means rendering or offering to render, for compensation, lactation consulting services to any person, or group of persons.
SECTION 4. Scope of practice. The practice of "lactation consulting" means the clinical application of scientific principles and a multidisciplinary body of evidence for evaluation, problem identification, treatment, education, and consultation to families regarding the course of lactation and feeding, including, but not limited to:
(a) Taking maternal, child and feeding histories;
(b) Performing clinical assessments related to breastfeeding and human lactation through the systematic collection of subjective and objective information;
(c) Analyzing data;
(d) Developing a lactation management and child feeding plan with demonstration and instruction to parents;
(e) Providing lactation and feeding education;
(f) Recommending and training on the use of assistive devices;
(g) Communicating to the primary health care practitioner(s) and referring to other health care practitioners, as needed;
(h) Conducting appropriate follow up with evaluation of outcomes; and
(i) Documenting the encounter in a patient record.
SECTION 5. Licensure required. (1) The board shall establish a licensure process no later than January 1, 2027 and issue licenses to qualified applicants.
(2) This chapter shall become enforceable on July 1, 2029, to allow interested persons to obtain the education, training and credentialing necessary to practice lactation consulting in this state. On and after July 1, 2029, no person without a license as a lactation consultant issued pursuant to this chapter shall: (a) use the title "licensed lactation consultant" or "licensed L.C." or (b) practice lactation consulting, provided that this chapter shall not prohibit any practice of lactation consulting that is exempt under the provisions set forth in Section 8 of this act.
(3) A lactation consultant whose license is suspended or revoked or whose surrender of license with or without prejudice has been accepted by the board shall promptly deliver the original license and current biennial registration to the board.
SECTION 6. Qualifications for licensure. (1) Each applicant for a license as a lactation consultant must be at least eighteen (18) years of age, have submitted a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and comply with the following requirements:
(a) Meeting the education and clinical standards established for the IBCLC by the IBLCE, or its successor organization;
(b) Passing the IBCLC examination administered by the IBLCE or the examination of its successor organization;
(c) Having satisfactory results from a criminal background check report conducted by the Mississippi Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this section shall constitute express consent and authorization for the board to perform a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and
(d) Completing such other requirements as may be prescribed by the board.
(2) The issuance of a license by reciprocity to a military trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(3) The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules and regulations, but no such late renewal of a license may be granted more than one (1) year after its expiration.
(4) A suspended license shall be subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.
SECTION 7. Continuing education requirements. (1) Each applicant shall present satisfactory evidence when seeking license renewal that in the period since the license was issued or last renewed the applicant has completed the CEUs and/or other means as established and approved by the board.
(2) The board shall make exceptions for licensees from the continuing education requirements, including waiver of all or a portion of these requirements or the granting of an extension of time in which to complete these requirements, upon a finding of good cause following receipt of a written request for exception based upon emergency or hardship. Emergency or hardship cases include, but are not limited to:
(a) Long term personal illness or illness involving a close relative or person for whom the licensee has caregiving responsibilities;
(b) Where the licensee can demonstrate that the required course(s) are not reasonably available; and
(c) Other demonstrated economic, technological or legal hardships that substantially relate to the ability to perform or complete the continuing education requirements.
SECTION 8. Certain exemptions from licensure. (1) The provisions of this chapter shall not be construed to affect or prevent:
(a) Mississippi licensed health care professionals from practicing lactation consulting when such lactation consulting is within their legal scope of practice, except that such persons shall not use the title "licensed lactation consultant" or "licensed L.C." unless the person is also licensed under this chapter;
(b) Any person employed as a lactation consultant by the federal government or an agency thereof if such person provides lactation consulting services solely under the direction and control of the organization by which he or she is employed;
(c) Perinatal health workers from performing education functions, including lactation and feeding education, consistent with the accepted standards of their respective occupations, except that such persons shall not use the title "licensed lactation consultant" or "licensed L.C." unless the person is also licensed under this chapter; or
(d) The practice of lactation consulting by students, interns, or persons preparing for the practice of lactation consulting working under the qualified supervision of a licensed lactation consultant or any licensed professional identified in paragraph (a) of this section and if the person is designated by a title "lactation consulting intern."
(2) A nonresident lactation consultant may practice lactation consulting in Mississippi for no more than a total of five (5) days per calendar year with current licensure from another state.
SECTION 9. Council of Advisors in Lactation Consulting established. (1) (a) There is established the Mississippi Council of Advisors in Lactation Consulting under the jurisdiction of the board. The purpose of the council is to advise the board and department on matters relating to the administration and interpretation of the provisions of this chapter.
(b) The council shall be comprised of three (3) to five (5) members, as determined by the board, with the majority of the council being licensed lactation consultants and shall include at least one (1) licensed physician. If the council has five (5) members, the council may include a public member.
(c) Each council member shall serve a term of three (3) years. However, the terms of initial appointees shall be staggered so that no more than one (1) member's term expires in any one (1) year. No council member may be appointed to more than three (3) consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term.
(d) A person is eligible for appointment as a public member if the person or the person's spouse:
(i) Is not employed by and does not participate in the management of an agency or business entity that provides health care services or that sells, manufactures or distributes health care supplies or equipment; and
(ii) Does not own, control or have a direct or indirect interest in more than ten percent (10%) of a business entity that provides health care services or that sells, manufactures or distributes health care supplies or equipment.
(2) The board shall appoint the initial advisory council members not later than September 1, 2026.
(3) The council shall meet at least annually or as deemed necessary to conduct business. Meetings may be convened at the call of the chairman or the written request of a majority of the council members, or at the request of the department.
(4) A majority of the members of the council shall constitute a quorum for all purposes.
(5) Members of the council shall receive no compensation for services performed on the council, but may be reimbursed for necessary and actual expenses incurred in connection with attendance at meetings of the council or for authorized business of the council, in accordance with Section 25-3-41, from funds made available to the board for such purpose.
(6) It shall be a ground for removal from the council if a member:
(a) Does not have at the time of appointment the qualifications required for appointment to the council;
(b) Does not maintain during service on the council the qualifications required for appointment to the council;
(c) Violates a prohibition established by this chapter; or
(d) Fails to attend council meetings for a period of one (1) year.
SECTION 10. State Board of Health powers and duties. (1) (a) The board shall adopt, amend, promulgate and enforce such rules, regulations and standards governing lactation consultants as may be necessary to further the accomplishment of the purpose of this chapter, and in so doing shall consider the corresponding recommendations of the advisory council.
(b) The board shall publish and disseminate to all licensees, in an appropriate manner, the licensure standards prescribed by this chapter, any amendments thereto, and such rules and regulations as the board may adopt, within sixty (60) days of their adoption.
(2) The board shall adopt a code of ethics for lactation consultants giving due consideration to the IBLCE "Code of Professional Conduct for IBCLCs."
(3) The board shall issue and renew licenses to any person who meets the requirements of this chapter.
(4) (a) The board may deny or refuse to renew a license, or suspend or revoke a license, or issue orders to cease or desist from certain conduct, or issue warnings or reprimands where the licensee or applicant for license has been convicted of unlawful conduct or has demonstrated unprofessional conduct that has endangered or is likely to endanger the health, welfare or safety of the public. Such conduct includes:
(i) Obtaining a license by means of fraud, misrepresentation or concealment of material
facts;
(ii) Being guilty of unprofessional conduct as defined by the rules and established by the board;
(iii) Being convicted of a crime in any court other than a misdemeanor;
(iv) Violating any lawful order, rule or regulation rendered or adopted by the board; or
(v) Violating any provision of this chapter.
(b) Such denial, refusal to renew, suspension, revocation, order to cease and desist from designated conduct, or warning or reprimand may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board. One (1) year from the date of the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.
(5) (a) The board shall have full authority to investigate and evaluate each and every applicant applying for a license to practice lactation consulting, with the advice of the advisory council.
(b) The board shall have the authority to issue subpoenas, examine witnesses and administer oaths, and shall, at its discretion, investigate allegations or practices violating the provisions of this chapter, and in so doing shall have power to seek injunctive relief to prohibit any person from providing services as a licensed lactation consultant without being licensed as provided under this chapter.
(6) A license certificate issued by the board is the property of the board and must be surrendered on demand.
SECTION 11. Penalties. Any person who violates any provision of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail for a period not exceeding six (6) months, or both.
SECTION 12. Sections 1 through 12 of this act shall be codified as a new chapter in Title 73, Mississippi Code of 1972.
SECTION 13. This act shall take effect and be in force from and after July 1, 2026.