About the Speaker

Liz Brooks, JD, IBCLC, FILCA, is a lactation consultant in private practice (since 1999) and a lawyer (since 1983). Her Visual Language PowerPoints transform the dry, dusty bullet-point world of law and ethics into image-packed, active sessions.  Attendees will be engaged, earn prizes (really!) and enjoy lessons-that-stay-learned, long after the conference.

Before opening her private practice as an IBCLC lactation consultant, Liz worked as a criminal prosecutor, child advocate, Congressional lobbyist, and federal litigator. Her legal expertise is in ethics, lobbying, administrative and criminal law. Today, Liz offers in-home and hospital-based IBCLC care, and teaches/lectures around the world.  She knows the challenges faced each day by lactation consultants and healthcare providers!

Liz is an Adjunct Professor at Drexel University’s College of Nursing and Health Professions, teaching “Public Policy of Breastfeeding” in the Human Lactation Consultation program, one of five institutions around the country offering intense classroom and clinical work to fully qualify students, in IBLCE-approved accelerated Pathway 2, to sit the IBCLC certification exam.

She has served on the Board of Directors of the International Lactation Consultant Association (ILCA: President July 2012-14; Secretary July 2005-11) and the United States Breastfeeding Committee (USBC)( Secretary 2014-16; Director 2012-14). She currently serves as a Director of the Human Milk Banking Association of North America (HMBANA)(2015-17). She is active in her Pennsylvania-based professional association, and breastfeeding coalition. Liz was designated Fellow of the International Lactation Consultant Association (FILCA) in 2008, the inaugural year for the program.

Liz authored Legal and Ethical Issues for the IBCLC,  published 2013 by Jones & Bartlett, and was co-author of one ethics/legal chapter in each of five other lactation-related texts (Core Curriculum for Lactation Consultant Practice, 3rd ed., Breastfeeding and Human Lactation, 5th ed., and The Lactation Consultant in Private Practice; two await publication).  She has presented in local, national, and international venues to universal acclaim.

 

Official Bio for Brochure

Liz Brooks, JD, IBCLC, FILCA, is a lawyer/litigator (since 1983) and private practice IBCLC lactation consultant (since 1997) who brings to life the connection between lactation consultation and the law. Healthcare workers (HCPs) face ethical, moral and legal challenges every day in their clinical care.  With plain language and humor, Liz explains how law and ethics affect IBCLCs and HCPs.  She offers immediate, pragmatic tips so HCPs can practice ethically, legally and confidently.  She is an Adjunct Professor in Drexel University’s Human Lactation Consultation Program, recently served as the President of the International Lactation Consultant Association (ILCA) and Secretary of the United States Breastfeeding Committee (USBC), and is a current Director at the Human Milk Banking Association of North American (HMBANA)(2015-1017).  She wrote the only textbook focusing on IBCLC ethics and law, authored chapters on similar topics in five other texts, and is a well-received writer and lecturer in her field.

Bio for Introduction

Liz Brooks, JD, IBCLC, FILCA — a lawyer (since 1983) and International Board Certified Lactation Consultant (IBCLC) in private practice (since 1997) — brings to life the connection between lactation consultation, ethics and the law.

Liz is a Director of the Human Milk Banking Association of North America (2015-17),  former President (2012-14) and current Fellow of the International Lactation Consultant Association, and former Secretary of the United States Breastfeeding Committee (2014-16). She is active in her Pennsylvania-based professional association and breastfeeding coalition. She authored a book, “Legal and Ethical Issues for the IBCLC,” the only text devoted to the subject matter, and was lead author in one chapter in each of five other books on similar topics. She is an Adjunct Professor at one of five undergraduate programs in the nation offering an accelerated didactic and clinical program to qualify student to sit the IBCLC certification exam.

With plain language and humor, Liz explains how law and ethics affect IBCLCs and HCPs.  She offers immediate, pragmatic tips so HCPs can practice ethically, legally and confidently.




Presentations

It Could Happen to You: IBLCE Ethics and Discipline Procedure

Time-frame: 60-90
CERP: yes

“There but for fate go I.”  Everyone knows that “bad acts” like fraud, negligence, or intentional wrong-doing are forbidden by healthcare providers’ (HCPs) ethical and professional codes.  But do you sometimes worry that even excellent professional clinical practices might get you in trouble?  Most IBCLCs are unfamiliar with the disciplinary procedures required by their mandatory IBLCE Code of Professional Conduct, even if they are vaguely aware they must follow those rules.  Your rights in a disciplinary case are different from those in a law suit, and it is alarming to realize what you don’t (and can’t) know if you find your self on the wrong end of a complaint.  This session will first describe the basics of the disciplinary process for IBCLC certificants. Case studies will explore professional behaviors that could give rise to a disciplinary complaint. We will also discuss those “red herrings:” situations where disciplinary action is wrongly threatened, for perfectly acceptable IBCLC behaviors.  This session explains the rights an IBCLC holds in an official disciplinary complaint (as either complainant, or respondent) and offers suggestions for how to confidently respond to those who accuse the IBCLC of overstepping, where none has occurred.

At end of this session, the learner will be able to:

  1. Identify three mandatory, and one voluntary, practice-guiding document(s), for an IBCLC.
  2. Define the elements of the IBLCE Code of Professional Conduct requiring IBCLC compliance with IBLCE disciplinary Procedures.
  3. Describe the procedures used by the Ethics & Discipline Committee of the International Board of Lactation Consultant Examiners to conduct disciplinary proceedings.

Pebble in a Pond: Advocacy for Breastfeeding Rights Starts With You

Time-frame: 60-90
CERP: yes

Legal and advocacy efforts for breastfeeding families typically embrace a macro approach to public health, and such collaborative work does “move the needle” on large scale objectives.  But in-person clinicians and counselors are frustrated at the micro level. Breastfeeding duration and exclusivity is fleeting.  Most breastfeeding/lactation advocacy falls to the tired shoulders of unsupported parents.  Compounding the scenario: health disparities caused by institutional/structural racism, oppression, and classism.  Research-to-practice gaps are stunningly apparent to lactation specialists working with families.  Yet, individual clinicians can help families realize and protect their “right to breastfeed,” a pillar of the basic human right of excellent health.  This session will describe simple, manageable, ethical, and measurable means of advocating for breastfeeding — one family at a time; one community at a time – to promote public health, social justice and individual good health.

At the end of this E-CERPs-eligible session, the learner will be able to:

(1) Describe how a “right to breastfeed” differs for parent, and child, and is defined in settings for employment, public space use, family law cases, and travel.

(2) Identify three reliable websites with resources to share with breastfeeding parents whose “right to breastfeed” is being infringed.

(3) Identify which sections of IBCLC practice-guiding documents (IBLCE Code of Professional Conduct, Scope of Practice, Clinical Competencies and ILCA Standards of Practice) address “advocacy” for breastfeeding families.

 

Top Ten Ways to Keep Lactation Care Legal and Ethical

Time-frame: 60-90
CERP: yes

Can you advise a family about peer-to-peer milk sharing? Can you meet privacy requirements if call or text clients on a cell phone?  Can you use a photo you found on the Internet for your PowerPoint presentation? Can you have a quick chat with your neighbor’s child, visiting with the newborn, who has a few questions about this breastfeeding problem she is having?

The major practice-guiding documents for IBCLCs tell us the rules for safe and ethical professional conduct.  All breastfeeding helpers have similar guidelines for counseling or care.  The challenge comes when ethical questions arise that aren’t clearly answered by these documents.  This session will offer a quick review (for IBCLCs and all breastfeeding helpers) of the major mandatory and voluntary practice-guiding documents.  Then we’ll count down the top ten ways to assure your work with breastfeeding families remains ethical and legal.

At the end of this E-CERPs-eligible session, the learner will be able to:  (1) Identify three mandatory, and one voluntary, practice-guiding document(s); (2) Describe three best practices to protect client/patient privacy, when using Internet-based forms of communication; (3) Describe how to obtain permission to re-use copyright-protected material.

Electronic Ethics! Avoid Getting Shocked When Texting and Cloud-based Sharing

Time-frame: 60-90 minutes; eligible for E-CERPs
CERP: yes

Can you text on your cell phone with your client about the progress of the lactation care plan, and still meet IBCLC ethical requirements for privacy and confidentiality?  Will you be able to meet the extra-added obligations required of USA-based practitioners, under the HIPAA/HITECH laws?  In the 21st century, all over the globe, we use Internet-based means of sharing and storing documents.  Our client-families insist on using text messaging or even social media networks to communicate.  And yet our practice-guiding documents and legal obligations were drafted in the 20th century, when such technology was not even envisioned.  This session will offer real-world, use-them-today suggestions, allowing the IBCLC practitioner to ethically and legally use texting, social media and cloud-based document sharing in clinical care.  HIPAA/HITECH will be explained for USA-based practitioners, but the privacy/confidentiality concepts — and the tips! — will be useful for anyone, from any country.

Litigation and Lactation: Role of the IBCLC in Legal Cases

Time-frame: 60-90
CERP: yes

Imagine parents in a bitter custody dispute: Dad wants overnight visitation; Baby is still nursing at night, Mom wants you to testify on her behalf. Can an IBCLC testify in court in this dispute? What if the Dad wants the IBCLC to testify? Can IBCLC be paid for her time to prepare for court; what happens if the case gets settled at the last minute? Does the IBCLC need a lawyer herself? As our profession grows, more IBCLCs are finding themselves being asked to share their professional and clinical expertise in court cases. This session will examine the IBCLC’s legal and ethical responsibilities if asked to participate in a lawsuit involving lactation or a breastfeeding woman’s rights. This one is for everyone: While Liz’s expertise is in American law, the concepts are universal, and the IBCLC practice-guiding documents are international in scope. At the conclusion of this session, attendees will be able to (1) Identify the IBCLC’s four practice-guiding documents describing legal and ethical obligations to a lactation patient/client; (2) Describe the difference between a fact witness and an expert witness in a legal case; (3) Understand factors preventing an IBCLC from serving as an expert witness in a lawsuit; and (4) Explain why it is not a conflict of interest for an expert witness to be compensated for working on a case

Game Show! Avoiding IBCLC Legal and Ethical Jeopardy

Time-frame: 60-90
CERP: yes

Your hospital has placed a “gag order” on IBCLCs, preventing them from discussing tongue-tie and injectable hormonal birth control with patients. The pediatrician told your client the IBCLC’s concern is “alarmist;” that a breastfeeding baby below birth weight at 2 weeks will “catch up” if mom just “keeps it up!” The grandmother at your in-home consult repeatedly interrupts to say to the new mother “You are NOT going to keep doing THAT [breastfeeding]!” You wonder if you need to report to child protective services the family that just brought a 6-monther to your clinic who is 1.5 pounds over birth weight. Dad walks into the room, reeking of cigarette smoke, and scoops up the baby to offer a wonderful hug and belly tickle with his nose. Same sex parents tell you they are getting human milk donations, off the Internet, for their baby, for its anti-infective properties, since neither is feeding at chest. The neonatologist at your facility goes to your boss and accuses you of slander when, in an evidence-based consultation with a methadone-regimen mother, you caution her that the NICU personnel may disallow use of her breastmilk. Midwife reads your report, and tells your client there is no such thing as insufficient glandular tissue; all breasts make milk, but to limit timing of feeds so the fatty milk builds up. Your IBCLC colleague tells you it is a violation of the WHO Code to show a mother with low milk supply how to use a bottle to feed her baby … and then takes to Facebook to tell everyone else of your scandalous behavior. Ads show up in your neighborhood paper for “lactation consultations,” at more than you charge, from someone who took a one-week class for breastfeeding counselors. That same counselor now calls you and asks to shadow you for a few days, to pick up pointers about how to do a clinical consult.What would YOU do? Yes, these are all real-life scenarios, that happened to real-life IBCLCs.This session gets everyone involved in a Jeopardy-style game show … where we apply the practice-guiding and policy-guiding documents that shape IBCLC practice, and figure out which will help in ethics-cloudy scenarios like those described above. Attendees will walk away (with prizes!, and) empowered with a checklist of documents to cite, and phrases of diplomacy to use. They will know how better to protect themselves (as allied healthcare professionals), and how better to advocate for the families in their care.

Note:
This talk is E-CERPs eligible. After the session the learner will be able to:

(1) Identify the mandatory and voluntary professional practice documents that guide legal and ethical care by the IBCLC.

(2) Articulate an evidence-based rationale for the role and impact of the IBCLC in clinical care.

(3) Describe clinical care practices that meet a health worker’s obligations of support for the International Code of Marketing of Breast-milk Substitutes.

(4) Incorporate key phrases that promote collaboration, and defuse confrontation, when in discussion with colleagues.

One-to-One and Not on Websites? Ethics Issues When Int’l Code Supporters Teach About Bottle/Teat Use

Time-frame: 60-90
CERP: yes

Marketers of bottles and teats are happy to “teach” about their use with ads targeted at new families. IBCLCs know that best professional practice is built on a parent-centered model: Craft a care plan individualized to the family’s needs. The plan may involve medically-indicated use of formula or expressed human milk; there may be supplementation that involves the use of a bottle-and-teat. Perhaps the family has simply chosen to use bottles. Can an IBCLC even offer this teaching, while respecting both the IBLCE Code of Professional Conduct and the International Code of Marketing of Breast-milk Substitutes? What if IBCLC colleagues make (loud) accusations that such teaching does not support the International Code? When does “teaching” cross the line, and become “marketing” of products that fall within the scope of the Int’l Code? Who said this teaching had to be done one-on-one … and what happens if it occurs on-line?

This session examines the ethical and legal tensions that can come into play when IBCLCs and other healthcare providers offer suggestions to breastfeeding or bottle-using families about the use of bottles, teats and infant formula.

Note:
This E-CERPs-eligible session will allow the learner to:

(1) Identify which sections of IBCLC practice-guiding documents (IBLCE Code of Professional Conduct, Scope of Practice, Clinical Competencies and ILCA Standards of Practice) cover discussion of bottles, teats and formula/supplements

(2) Describe sections of public health documents ([WHO] International Code of Marketing of Breast-milk Substitutes and UNICEF/WHO Baby-Friendly Hospital Initiative 20-hour training course for healthcare workers) that cover discussion of bottles, teats and formula/supplement use

(3) Compare and contrast examples of product descriptions, versus product marketing

(4) Learn language to teach to breastfeeding families best practices for the use of bottles and teats

What’s Too “Friendly” for an IBCLC on Social Media? Legal and Ethical Implications of On-line Clinical Care

Time-frame: 60-90
CERP: yes

It’s all about the Internet! Families in 2015 want to be connected to their network of families and friends. They use Internet-accessing devices and social media to share news, gather information and seek opinions. If this is where families are … can an IBCLC (or other healthcare provider) be there, too, without violating long-standing principles of privacy and professional ethics? Can healthcare providers engage in clinical discussion with someone on Facebook, Twitter, a chat room or a website? What about real-time webinars, or static websites, where mothers type in their clinical questions? Is texting ever permissible? Can a clinician post a picture of a client, or ask colleagues on a private listserv about a tricky case? This session brings everyone into the 21st century! We’ll learn how the Internet is used by new families to seek and share information … and the professional risks and liabilities of “friendly” clinical care by the IBCLC or HCP who joins the conversation.

Note:
This session contains ethics and legal content, appropriate for E-CERPs approval. At the conclusion of the session the learner will be able to:

(1) Identify sections of the IBCLC’s practice-guiding documents governing client/patient privacy, and Internet-based means of sharing clinical information;

(2) Distinguish between clinical care of a patient/client, and education of interest to all, when communicating on the Internet

(3) Design a social media presence with boundaries that meet ethical requirements of the IBCLC profession

(4) Describe the necessary elements of consent for all uses of an image or video of a patient/client or the baby

Human Milk Sharing, Selling and Donation: Legal and Ethics Angles

Time-frame: 60-90
CERP: yes

Women have been using each other’s milk since the dawn of time. The 21st century imbues this age-old practice with legal and ethical tensions for the healthcare provider not imagined by our foremothers. Can an IBCLC be the “link” between the mother with too much milk in her freezer, and the low-supply mother whose baby doesn’t qualify to receive milk from a milk bank? How does a healthcare provider (HCP) counsel a family shaken by the birth of an extremely premature baby, that wants to collect expressed milk from friends and neighbors? Can the HCP be sued if she counsels a mother about milk donation, and the mother unwittingly passes on a pathogen in that milk that harms the baby? The Internet offers a worldwide market for human milk sharing. Is that even legal? This session looks at all the risk and liability angles at play here: for the baby, the family, and the healthcare provider.

Legal and Ethical Issues 101 for the IBCLC

Time-frame: 60-90
CERP: yes

This session offers a broad overview of legal and ethical issues that IBCLCs should have on their radar. Imagine this: You are the IBCLC on the postpartum ward, and the mother who is happily breastfeeding just told you she smoked a little marijuana yesterday to ease labor. Her chart indicates an injection of hormonal contraceptive has been ordered before her discharge. Your colleague handed her a sample of free formula “just in case.” The baby’s mother has a partner who is also lactating, and she is demanding to cross-nurse the infant. The baby’s biological father wants overnight visitation, starting next week. You just assessed short frenulum and diminished tongue function in the infant, but your facility has no practitioners who diagnose and divide tongue-tie. You know mom needs a pump, and you happen to rent them on the side. What could, should or must the IBCLC say or do? This talk is a first of its kind: an examination of legal and ethical tensions unique to the IBCLC. Regardless of one’s other professional licenses or credentials, there are four primary practice-guiding documents for the IBCLC (The IBLCE Code of Professional Conduct, the IBLCE Scope of Practice for IBCLCs, the ILCA Standards of Practice, and the [WHO] International Code of Marketing of Breastmilk Substitutes). After a review of those “rules of the road,” we’ll navigate a simple algorithm the IBCLC can use to determine what she could, should or must do, in any situation that sets off ethical red flags in the IBCLC’s mind. Then, we’ll hit highlights of legal and ethical issues for the IBCLC: certification vs. licensure vs. certificates-for-classes-and-courses; who is the patient/client?; the IBCLC on the Internet; conflicts of interest (and tensions from “wearing many hats”); intellectual property law; the WHO Code; the IBCLC in the courtroom (as expert or witness); the IBCLC on the Internet; the IBCLC as breastfeeding advocate, and its corollary: the IBCLC as advocate for a breastfeeding mother.

Two Wrongs Don’t Make A Copyright: Ethics and Intellectual Property Law for the IBCLC

Time-frame: 60-90
CERP: yes

Principle 2.5 of the IBLCE Code of Professional Conduct (IBLCE CPC) states: “Respect intellectual property rights.” What are they, and how does the IBCLC do it? “Intellectual property” (IP) includes copyrights (covering written material, photographs, slides, illustrations, etc.), patents (covering inventions) and trademarks/service marks (used by companies to protect their brands). Most IBCLCs simply want to know: where can I get my hands on some good, free photos and hand-outs? This session provides an overview of IP law. The legal concepts are similar around the world; this session will interest an international audience. Then we’ll get right to the good parts: the participant will leave with a long list of sources for fabulous materials, that can be immediately used and adapted, in clinical lactation practice.

Note:
Objectives: 1. Define the four areas of intellectual property (IP) law that might affect an IBCLC 2. Describe the rationale for IBLCE CPC Principle 2.5, requiring IBCLCs to respect IP laws 3. Describe procedures to obtain permission to use IP materials from others 4. Learn how to protect your own materials from unauthorized use 5. Identify several sources for permission-granted lactation materials, that are immediately available for use

Note:
90 minutes is ideal for this E-CERPS-appropriate program.

The WHO Code in Everyday Practice: Real Life Scenarios

Time-frame: 60-120
CERP: yes

There is a lot of confusion about what the International Code of Marketing of Breast-milk Substitutes (International Code) means, and how to support it, in a world full of marketing. Do you violate the International Code if you work for a hospital that distributes formula discharge bags? Can you use glossy handouts from bottle manufacturers? Does it matter if your facility is seeking Baby-Friendly status? The IBLCE Code of Professional Conduct encourages IBCLCs to adhere to the International Code. This session will use real-life case studies to discuss challenges faced by IBCLCs, asking: a) does the International Code apply; (b) are other options available to curtail marketing influences in the healthcare workplace; and (c) what are the consequences when there is a violation of the International Code?

At the end of this session, the participants will be able to: 1. Describe the legislative history of the International Code of Marketing of Breast-milk Substitutes, and why IBCLCs should support its principles. 2. Define how the International Code aligns with designation under the Baby-Friendly Hospital Initiative. 3. Identify three areas of commerce and marketing, not envisioned when the International Code was drafted in 1981, that affect today’s commercial messages about breastfeeding. 4. Describe the mechanism for reporting International Code violations, and identify reliable means to determine if a marketer is in compliance with the International Code. 5. Implement five or more immediate changes in professional practice to show IBCLC support for the International Code.

Note:
This session is another hard-to-find E-CERP offering.

When Worlds Collide: How Ethics Differ for IBCLCs, Peer Counselors, Nurses and Volunteers

Time-frame: 60-90
CERP: yes

Lots of people help breastfeeding families: IBCLCs, WIC Peer Counselors, doctors, nurses, dietitians, midwives, mother-to-mother counselors, childbirth educators. Different legal and ethical responsibilities apply to each of these helper groups. And there are responsiblities that everyone must meet, no matter what the job title or work setting. This is a lively session to teach you how to follow the law, and meet high ethical and professional standards, all while serving breastfeeding mothers and children. Participants will be able to: (1) Identify differences in the scopes of practice for various professions serving breastfeeding dyads (2) Describe the difference between a professional “scope of practice” and a work place “conflict of interest” (3) Identify different ethical expectations for various professions serving a breastfeeding dyad

Note:
This session meets requirements for E-CERPs

Deal or No Deal? A Game Show Approach to IBCLC Ethics

Time-frame: 60-120
CERP: yes

Deal or No Deal? What if determining the IBCLC’s correct course of action, when faced with a moral, legal or ethical dilemma, was as fun as being a game show contestant? This session will review the ILCA Standards of Practice, IBLCE Code of Professional Conduct, the IBLCE Scope of Practice for IBCLCs, and other authorities affecting our professional work (i.e. licensing and the International Code of Marketing of Breast-milk Substitutes). Look for humor, prizes and even buzzers to make this analysis of IBCLC ethics memorable — and fun. We’ll cover common everyday problems (what if your boss requires you to hand out a formula discharge bag?) and more theoretical ones (can anyone own a patent on human milk components?) An opportunity for audience members to pose hypothetical situations will provide take-home-and-use answers: a prize for everyone! Objectives: The IBCLC will be able to: 1. describe the differences between the ILCA Standards of Practice, the IBLCE Code of Professional Conduct and the IBLCE Scope of Practice for IBCLCs 2. implement immediate changes in record-keeping to conform with ethical benchmarks for lactation consultation 3. identify (and avoid) real and perceived conflicts of interest in lactation consultation practice 4. describe the influence of marketing of breastmilk substitutes in the workplace, so as to avoid becoming an unwitting salesperson for formula 5. change at least three elements in her day-to-day practice to protect a mother’s confidential information

Note:
Optimal time: 90 minutes. This session meets E-CERPs requirements.

Dazed and Confused After Discharge: Cases From a Home-Visiting IBCLC

Time-frame: 60-90
CERP: yes

Hospitals and birthing centers are proud to offer specialized breastfeeding care to mothers in the immediate postpartum period. But what happens after those mothers are discharged … and breastfeeding hasn’t quite sorted itself out yet? Even when the teaching immediately after birth is spot-on and evidence-based … it often doesn’t “translate well” into conditions when mother and baby return home. Hear funny, poignant and thought-provoking case studies from an IBCLC who does home visits. If you work with mothers in the first few days of life, this session will offer insight into hospital-based practices and teaching styles that “stick” with the mother and baby long after discharge. It will offer suggestions to improve post-discharge outcomes. If you work with mothers who are back home with new babies, this session will offer suggestions for adapting the original care plan using collaborative (rather than contradictory) language.

After this session the attendee will be able to: 1. Describe at least three clinical breastfeeding situations, in the immediate postpartum period, that rarely persist after hospital discharge; 2. Provide a discharge plan for lactation that considers conditions when mother gets home, and incorporates contingencies for changing circumstances; 3. Learn three key phrases to use in discharge teaching at the hospital, and during community-based care, to assist the mother who is home with her baby; 4. Learn five reliable web-based resources for parents to use after discharge for assistance with breastfeeding issues.

Note:
This is an L-CERPs-eligible session as the content is focused on breastfeeding and human lactation. Longer versions of this talk can incorporate ethics-specific content that is eligible for E-CERPs.

Moms, Babies, Milk and the Law: Legal and Ethical Issues in Bedside Breastfeeding Support

Time-frame: 60-90
CERP: yes

Mom tested positive for drugs when she arrived to deliver, and now wants to breastfeed. Mom hands you a print-out from a social networking site, and asks if you agree with the customer ratings given for breastfeeding supplies. Low-supply NICU mom wants to know if she can bring in expressed breastmilk from her best friend, who is still breastfeeding a toddler. OB orders a hormonal contraceptive injection on Day 2 for an exclusively breastfeeding mother, and you are concerned the progestin will affect her milk supply. Yikes! Who knew the road to safe, natural, biologic-norm breastfeeding had so many legal and ethical potholes? At the end of this session, participants will be able to: (1) Describe the difference between a legal and an ethical responsibility as a health care provider; (2) Define a professional conflict of interest for the medical professional serving clients/patients; (3) Identify three reliable on-line, evidence-based lactation resources for parents, and for health care providers; (4) Implement immediate changes in record-keeping to conform with ethical benchmarks for lactation consultation

Note:
Note: E-CERPs-appropriate material is covered in this session. 90 minutes is the customary session time. although material can be covered in 60 minutes. A 120 minute session allows for plenty of Q&A at the end, which participants find very helpful.

Whiners and Deniers: Ethics and Diplomacy in Difficult Cases

Time-frame: 60-90
CERP: yes

When and how can an IBCLC speak up … without losing her job or professional credibility? Is it ever appropriate for an IBCLC to “chase down and correct” negative comments about her clinical practice, rumored to be coming from a former client? What is the best course of action if the primary healthcare provider (HCP) for the mother or baby flat out disagrees with the IBCLC’s assessment or care plan? If all HCPs should support and promote breastfeeding, how can the IBCLC get them to read, understand and appreciate all the new research on tongue-tie, skin-to-skin, co-sleeping, brain development, and birth practices that impact breastfeeding? This presentation arms the IBCLC with information about the practice-guiding authority underpinning clinical practice, provides tips on how to handle combative or abusive clients or colleagues, and offers “scripts” for keeping information-sharing diplomatic, and patient-centered.

After this session the learner will be able to: (1) Identify two mandatory, and one voluntary, practice-guiding document(s) for the International Board Certified Lactation Consultant (IBCLC); (2) Identify 3 elements in the IBCLC’s mandatory practice-guiding documents defining the responsibility to communicate with and educate members of the healthcare team; (3) Describe how an IBCLC protects client/patient privacy when discussing controversial  issues with healthcare providers.

Who’s Your Daddy…Mommy, Surrogate or Donor? Modern Families, Lactation, Ethics and the Law

Time-frame: 60-90
CERP: yes

It’s not just a married mother and father anymore: Modern families reflect our changing societal customs and mores. Babies are conceived using procedures to overcome (in)fertility issues. Surrogates, gestational carriers and adoption allow families to raise babies with some, all, or none of the parents’ gene pool. Families today may have single parents, same-sex couples, blended parenting arrangements, and shared custody and visitation. Breastfeeding, lactation and human donor milk are a part of all of it! A full range of clinical and counseling skills may be needed for the IBCLC to offer evidence-based information and support to the primary mother. Consultations may be clinically complex, given the physiologic history of the primary mother. Counseling skills are needed to help the mother who does not have a reliable “circle of support” in her extended family and community, or who suffers from discrimination because of her personal attributes. The IBCLC may be unsure of what she can or should say; she may even wonder if any of this is “right.” This session will describe the many manifestations of the modern family, and the expertise and support the IBCLC can bring to bear. The learner at this session will be able to: (1) Identify the IBCLC’s three practice-guiding documents describing the legal and ethical obligations to a lactation patient/client; (2) Describe three non-traditional family arrangements where a breastfeeding child is not receiving breastmilk directly from his birth mother; (3) Define when an IBCLC has a mandatory reporting obligation for child safety or protection issues; and (4) Explain when an IBCLC may not serve as an expert witness in a divorce or custody lawsuit

Squeaky Clean or Sneaking By? Avoiding Conflicts of Interest as an IBCLC

Time-frame: 60-90
CERP: yes

You rent pumps from your home-based business. Can you tell the mothers you see in your second job as a hospital-based lactation consultant? You’ve been asked to speak at a local conference about breastfeeding, but the event is being underwritten by a formula manufacturer. Can you do it? How about when the gathering is sponsored by a breastpump manufacturer? You started out as a La Leche League Leader, and eventually became an IBCLC. You still lead League meetings, where a mother has approached you to discuss her low milk supply. Are you a volunteer, or a lactation consultant? You sell Brand X Nursing Bras at your clinic, and you’ve been asked by a customer your opinion on Brand Y. What can you say? Lactation consultants are often faced with conflicts of interest in their professional lives, and many are confused about “what to worry about.” This session is designed to describe conflicts of interest — in easy-to-understand language. And, we’ll review how the competent, ethical IBCLC handles them. At the end of this session, the participant will be able to: 1. define a conflict of interest for a health care professional 2. describe the difference between a true, and a perceived, conflict of interest. 3. identify three common, everyday situations where true conflicts of interest can arise in lactation clinical practice 4. describe how to disclose a conflict of interest 5. identify when a conflict of interest requires an IBCLC to step back, and refer the mother elsewhere.

Note:
This session covers legal and ethical definitions of conflicts of interest for the IBCLC, and is appropriate for E-CERPS. The Q&A session can be quite lively. The presentation is ideal for 90 minutes, but Q&A can easily consume another 30 minutes.

Skilled or Shilled Healthcare? When Commerce Meets Medicine

Time-frame: 60-90
CERP: yes

Bias, confusion, tension, conflicts-of-interest (COI): is this the inevitable result when healthcare providers (HCPs) rub elbows with commercial interests like pharmaceutical and medical device manufacturers? Such COIs threaten the integrity of research, the objectivity of professional education, and ultimately the patient’s trust. This session explores how HCPs in research, clinical care and public health can avoid being pulled — knowingly or not — into situations where their judgment becomes (or is seen as) biased. At the end of this session, participants will be able to: 1. Identify three voluntary practice-guiding ethics documents covering health care provider relationships with commercial interests. 2. Identify three mandatory practice-guiding documents covering health care provider relationships with commercial interests. 3. Describe the difference between a “professional” and a “personal” conflict of interest in a health care setting. 4. Define “reciprocity” in the context of healthcare providers accepting gifts from commercial interests. 5. Implement three practices, today, to reduce real or imagined commercial conflicts of interest (COI).

Liz Brooks JD IBCLC FILCA


Country: USA
Phone number: 215-836-9088
Email: ecbrks@yahoo.com
Site: http://www.lizbrooksibclc.com
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