O.C.G.A.
O.C.G.A.

43-22A-3 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Statute text

As used in this chapter, the term:

(1) "Advisory group" means the group appointed pursuant to Code Section 43-22A-4.

(2) "Applicant" means any person seeking a license under this chapter.

(3) "International Board Certified Lactation Consultant (IBCLC)" means a person who holds current certification from the International Board of Lactation Consultant Examiners (IBLCE) after demonstrating the appropriate education, knowledge, and experience necessary for independent clinical practice.

(4) "International Board of Lactation Consultant Examiners (IBLCE)" means the international organization that certifies IBCLCs and is independently accredited by the National Commission of Certifying Agencies.

(5) "Lactation care and services" means the clinical application of scientific principles and a multidisciplinary body of evidence for evaluation, problem identification, treatment, education, and consultation to childbearing families regarding lactation care and services. Lactation care and services shall include, but not be limited to:

(A) Lactation assessment through the systematic collection of subjective and objective data;

(B) Analysis of data and creation of a lactation care plan;

(C) Implementation of a lactation care plan with demonstration and instruction to parents and communication to the primary health care provider;

(D) Evaluation of outcomes;

(E) Provision of lactation education to parents and health care providers; and

(F) The recommendation and use of assistive devices.

(6) "Lactation consultant" means:

(A) A person duly licensed under this chapter to practice lactation care and services; or

(B) A health care professional duly licensed pursuant to such health care professional's licensing requirements to perform lactation care and services who is also an IBCLC in good standing with the IBLCE, or its successor organization; provided, however, that such health care professional shall not be deemed to be licensed under this chapter nor be entitled to use the title "licensed lactation consultant" or "licensed L.C." without having met the requirements of Code Section 43-22A-7.

(7) "License" means a license to practice as a lactation consultant pursuant to this chapter.

(8) "Office" means the office of the Secretary of State.

(9) "Practice"' means rendering or offering to render any lactation care and services to any individual, family, or group of individuals.

(10) "Secretary" means the Secretary of State or his or her designee.

History

(Code 1981, § 43-22A-3, enacted by Ga. L. 2016, p. 357, § 1/HB 649.)

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2023 · leading case: Raffensperger v. Jackson (& Vice Versa), 888 S.E.2d 483 (Ga. 2023).
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Raffensperger v. Jackson (& Vice Versa), 888 S.E.2d 483 (Ga. 2023). · cites it 18× “Under OCGA §§ 43-22A-3 (6), 43-22A-6, and 43-22A-7, the Secretary may grant a license as a “lactation consultant” only to a person who has obtained an IBCLC certification or who holds a license issued by another jurisdiction if the requirements for that license are equal to or…”
Jackson v. Raffensperger, 843 S.E.2d 576 (Ga. 2020). · cites it 4× “The Act defines “lactation care and services” broadly, see OCGA § 43-22A-3 (5), and the definition includes virtually everything that an LC does.”
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