Rejoice Georgians: You Don’t Need a Government Permit To Advise Breastfeeding Moms

Georgia’s Supreme Court today struck down a state law that required people who provide lactation consulting to obtain costly and time-consuming state licenses.

In a unanimous ruling, the justices determined that a law passed in 2016 unconstitutionally deprived Mary Jackson of work. Jackson had been providing lactation care consulting services for more than 30 years and started a nonprofit, Reaching Our Sisters Everywhere (ROSE), to provide breastfeeding education.

Georgia Supreme Court Chief Justice Michael P. Boggs wrote the ruling in Jackson v. Raffensperger, and he was critical of attempts to declare that the state has a “public welfare” interest for every licensing law it passes: “Georgia’s Due Process Clause requires more than a talismanic recitation of an important public interest.” Here the court examined whether the licensing requirement protected the public from unsafe or harmful health practices. They found the state’s evidence wanting:

Certainly, there is nothing inherently harmful in the practice of lactation care, and there is no evidence of harm to the public from the provision of lactation care and services by individuals who lack an [International Board Certified Lactation Consultant] license.

To get this license through a private credentialing body, the court notes, requires 14 different health courses (some college level), 95 hours of training, 300 supervised clinical hours, and up to $700 in costs. Boggs notes in his ruling that only 162 of Georgia’s 470 lactation consultants have gone through the process to get licensing.

The state admitted to the court that they had no evidence that anybody was harmed by unlicensed or incompetent lactation care before or after the law’s passage. An analysis of a version of the law that was considered in 2013 (and not passed) noted that there was no evidence of any harm caused by the state’s failure to license or regulate lactation consultants.

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Academics Push ‘Chestfeeding’ Term for Inclusivity, Claim ‘Breastfeeding…May be Ethically Problematic’

Controversy has erupted online this month after a hospitals began issuing guidance to midwives to concentrate less on the term breastfeeding in order to be more supportive of transgender and nonbinary parents. Midwives are being instructed to use terms like “chestfeeding” and “chest milk.”

According to a report from the UK Times, Brighton and Sussex University Hospitals NHS Trust is the first in the country to formally implement a gender inclusive language policy for its maternity services department, which will now be known as “perinatal services”.

Staff have been instructed that “breastmilk” should be replaced with the phrases “human milk”, “breast/chestmilk” or “milk from the feeding mother or parent.”

Other changes include replacing the use of “woman” with “woman or person” and “father” with “parent”, “co-parent” or “second biological parent”, depending on the circumstances.

“BSUH always aims to meet the needs of our local populations and provide the best possible, individually tailored care for every person. By adding to the language we use we will support more inclusive care and ensure that people who identify in a different way feel the service includes and represents them,” reads a statement on the hospital’s website.

“Adding to the language we use is something people who use our services have been asking for, for some time. Our aim will always be to treat everyone who uses our services as an individual, providing care that is personal to them, that meets their needs and uses language they are comfortable with,” said BSUH Chief Nurse, Carolyn Morrice.

This is not a trend reserved solely for the UK either as several universities in the United States are on the same page.

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