Liz Brooks, JD, IBCLC, FILCA, is a lactation consultant in private practice (since 1999) and a lawyer (since 1983). She has worked as a criminal prosecutor, a Congressional lobbyist and a federal litigator. Her legal expertise is in ethics, lobbying, administrative and criminal law. She is familiar by training and experience with the array of challenges faced by lactation consultants each day. As an IBCLC, Liz has worked in:
* private practice (offering home visits);
* a hospital setting (offering prenatal education, "rounding" on breastfeeding mothers and babies in the full-term and Level III NICU nurseries, and providing in-service education to nurses, doctors and midwives);
* a non-profit, community-based breastfeeding clinic (which provides IBCLC service to mothers on a sliding fee scale).
Liz is on the Board of Directors of the International Lactation Consultant Association (ILCA: President July 2012-14; Secretary July 2005-11). She is an elected Board member to the United States Breastfeeding Committee (USBC)(Augu 2012-14), as the Alternate Representative for the Unisted States Lactation Consultant Associaiton (USLCA). She remains active in her local ILCA chapter PRO-LC. Liz was designated Fellow of the International Lactation Consultant Association (FILCA) in 2008, the inaugural year for the program.
Official Bio for Brochure
Liz Brooks, JD, IBCLC, FILCA, is a lawyer (since 1983), private practice lactation consultant (since 1997), and leader in her professional association (since 2005). She brings to life the connection between lactation consultation and the law. IBCLCs face a maze of ethical, moral and legal requirements in their day-to-day practice, no matter what the work setting. With plain language and humor, Liz explains how lactation helpers can work ethically and legally. She offers pragmatic tips that can immediately be used in daily practice -- to successfully navigate that maze!
Bio for Introduction
Liz Brooks, JD, IBCLC, FILCA, is a lawyer (since 1983) and private practice lactation consultant (since 1997) who brings to life the connection between lactation consultation and the law.
Liz is the President of the International Lactation Consultant Association, a Board member for the United States Breastfeeding Committee, and active in her local USLCA chapter PRO-LC. Liz is a Fellow of the International Lactation Consultant Association . She authored a book, "Legal and Ethical Issues for the IBCLC," was lead author in one chapter in each of two other books on similar topics, and is a self-published author of HIPAA privacy documents for the private practice IBCLC.
With plain language and humor, Liz explains how IBCLCs and other breastfeeding helpers can work ethically and legally. She offers pragmatic tips that can immediately be used in daily practice.
This speaker is pleased to provide presentations on the following topics to professional and parenting conferences. Presentations on other topics may be available upon request and subject to sufficient development lead-time. (For CERP topics, required paperwork will be provided promptly to meet CERP deadlines.)
You Be the Judge! If Law, Ethics and Lactation Were a Game Show
60 - 120 minutes
What if Judge Judy was an IBCLC? Using a witness stand, a judge's gavel, and a cheat-sheet on IBCLC professional practice guidelines, this interactive session is part game show, part live performance, part mock trial -- and all fun! Using scenarios suggested either by the presenter or the audience, attendees will get a chance to play the roles of mother, IBCLC, other healthcare provider, family member or judge. Is anyone "guilty?" And of what "crime?" IBCLCs do face legal and ethical tensions in everyday interactions with mothers. This session will help define (without scaring everyone!) what practitioners should be thinking about when they work with breastfeeding families. Best part: prizes will be given!
This session covers legal and ethical issues faced by IBCLCs every day, and is appropriate for E-CERP designation.
By the close of the presentation the attendee will be able to:
(1) Identify the four major practice-guiding documents for IBCLCs, and which two are mandatory
(2) Define the difference between "assessment" and "diagnosis"
(3) Identify when a friendly conversation with a mother has turned into a lactation consultation with legal and ethical obligations
(4) Describe three actions during clinical practice to avoid a "professional conflict of interest"
SOAP, LATCH or IDK? Law and Ethics of Lactation Documentation
30 - 90 minutes
In a paper-only world, breastfeeding charting presented several issues. Was lactation something that happens to the mother, or the baby ... or both? How could the healthcare team best learn about the consultation and care plan the IBCLC had offered? But computer-based charting brings more challenges: How do we translate what we see-and-feel into tick boxes on the new Electronic Health Records (EHR) system? How can we easily access history that "is in there somewhere" without spending our consultation time in front of the computer, rather than face-to-face with the patient? And what about the privacy laws that require confidentiality, if reports are to be sent to healthcare providers with no access to our system? This session will describe different charting rationales, the evidence-base for assessment of breastfeeding, and tips-and-tricks for accurately recording a clinical visit no matter what the set-up or system.
At the end of this presentation, the learner will be able to: (1) Define one rationale each for charting breastfeeding under baby, mother, or both; (2) Describe one evidence-based breastfeeding assessment tool; (3) Provide two examples of objective charting when recording mother's subjective statement "My nipples hurt"; (4) Identify which element of the IBLCE Scope of Practice for IBCLCs covers charting and documentation.
This session covers legal and ethical aspects to lactation charting and reporting, and should be approved for E-CERPs
Who's Your Daddy...Mommy, Surrogate or Donor? Modern Families, Lactation, Ethics and the Law
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
This session covers legal and ethical aspects of IBCLC care for parents and children in a modern family. The subject matter is appropriate for E-CERPs.
Litigation and Lactation: Role of the IBCLC Expert Witness
60 - 90 minutes
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
This session contains material suitable for E-CERPs designation, for its legal and ethics content
You Want It; They Own It. Copyright Law and Ethics
60 - 90 minutes
Question: How many violate copyright law, in nearly every country of the world?
1. You're at a great conference, and you whip out your cell phone to take a picture of the speaker's complicated slide.
2. You found a website with an adorable nursing dyad; you cut-and-paste the image for your next hand-out.
3. Your job at the hospital gives you full on-line access to their library; you copied the latest article from the obscure journal to bring to your IBCLC meeting.
4. You took a screen shot from a blog to add to your PowerPoint for a session you are teaching next week.
Answer: All of the above
This session gives an easy-to-understand explanation of copyright law, examines why such laws are nearly universal around the world, and (cutting to the chase) describes how you can respect all intellectual property law, and find excellent content for your own materials that is legally yours to use -- for free!
This session is eligible for E-CERPs. Conference attendees will be able to:
(1) Describe what materials are subject to copyright law
(2) Define a violation of copyright law
(3) Identify five sources of copyright-free and royalty-free materials for use in teaching and advertising
(4) Learn how to protect and/or share one's own copyright-protected materials
Avoid Lawsuits and Pink Slips! Legal and Ethical Issues for the IBCLC
60 - 90 minutes
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.
Objectives for the particpant:
(1) Identify two mandatory practice-guiding documents the IBCLC must follow, and one voluntary practice-guiding document the IBCLC should follow
(2) Show how IBCLCs have a duty to the mother, to the baby, and to the breastfeeding relationship.
(3) Define the difference between an expert witness and a fact witness in a court case involving a lactating woman.
(4) Describe how the use of social media for lactation support can compromise patient care, and identify one technique to correct it.
This topic is appropriate for E-CERPs
Skilled or Shilled Healthcare? When Commerce Meets Medicine
60 - 90 minutes
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).
Note: This session meets requirements for E-CERPs
CERPs for Sale? Commercial Influences on Healthcare Education
60 - 90 minutes
It costs money for practitioners to obtain continuing education, yet all healthcare professions require them. It costs money to host an educational training session, yet all healthcare professions encourage such learning opportunities. Most of us work in healthcare to provide healthcare, not to seek out speakers and set up in-services. So what is the harm in finding a commercial sponsor to help cut the costs? Isn't it especially smart when a company says it can even provide the expert speaker, and the refreshments, for free? This session will describe the history and magnitude of commercial influences on education (before entry into the healthcare rofession), and post-training tensions in medical research, continuing education, and in the clinical setting. Suggestions for immediate changes in clinical practice and education will be offered, to reduce inappropriate commercial influence.
This session is appropriate for E-CERPs. At the end of this session the participant will be able to:
A. Describe the concept of "reciprocity" and its influence on clinical decision-making;
B. Differentiate between overt and subtle commercial influences on healthcare education;
C. Define a conflict of interest for a healthcare professional;
D. Implement three changes in clinical practice to reduce the appearance of a conflict of interest
Moms, Babies, Milk and the Law: Legal and Ethical Issues in Bedside Breastfeeding Support
60 - 90 minutes
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: 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.
Dazed and Confused After Discharge: Cases From a Home-Visiting IBCLC
30 - 120 minutes
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.
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.
Deal or No Deal? A Game Show Approach to IBCLC Ethics
60 - 120 minutes
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
Optimal time: 90 minutes. This session meets E-CERPs requirements.
Who Wants To Be A Millionaire - And Is That Ethical?
60 - 90 minutes
Liz's game show approach to IBCLC ethics is so popular that a second version has been added! All new questions -- all new quandries -- but every scenario describes realistic issues an IBCLC might face in day-to-day work. Learn law and ethics the fun way: by earning prizes!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
Optimal time: 90 minutes. This session meets E-CERPs requirements.
Whose Goal Wins? Ethics Issues When Breastfeeding Promotion Is At Odds With Other Public Health Programs
60 - 90 minutes
Is my public health objective more important than yours? Experts agree: exclusive breastfeeding should occur for at least six months, and continue while complementary foods are introduced. Breastfeeding is dose-dependent (the more, the better), so mothers and babies have improved health outcomes, throughout their lifetimes, when there is breastfeeding. This includes a protective effect against obesity for both mother and child; it also has a protective effect against other morbidities associated with overweight (diabetes and cardiovascular disease). And yet: messaging from other important public health campaigns may be at odds with messaging designed to increase breastfeeding initiation, exclusivity and duration. Examples: suggestion to use pacifiers (dummies) "to prevent SIDS" (reduces breastfeeding opportunities; reduces milk supply) and back-to-sleep (or) no-co-bedding campaigns "to prevent SIDS" (reduces feeding opportunities; reduces milk supply; discounts evidence-based protective effect against SIDS of exclusive breastfeeding). Mothers who are given conflicting information and messages (i.e. "breastfeed upon demand, even at night ... but never sleep with your baby in your bed") are frustrated with inconsistent breastfeeding advice, and may engage in the least-healthy behaviors (i.e. sleeping in recliner chair with an infant, rather than a safe proximal sleeping arrangement). Learn how to identify and re-frame public health objectives, so that all campaign messaging is consistent.
This program will discuss the ethical and legal issues involved when health care providers and administrators are tasked with providing conflicting messages to the public they are meant to serve, and should earn E-CERPs. At the conclusion of this program the participant will be able to:
(1) List three mandates from the public health and health care profession sectors encouraging health care providers to promote breastfeeding initiation, duration and exclusivity;
(2) Identify the ethics principles in the IBLCE Code of Professional Conduct requiring IBCLCs to promote and protect breastfeeding;
(3) Identify three public health campaigns, designed to promote public health safety and welfare, whose elements seemingly conflict with the message of breastfeeding support;
(4) Describe how one public health campaign objective can be re-framed to eliminate confusing or contradictory messages.
Conflicts are Interesting! Why Are They Bad?
30 - 60 minutes
Conflicts of interest: Are you a little bit unsure that you'd recognize one? The IBLCE Code of Professional Conduct, IBLCE Scope of Practice for IBCLCs and ILCA Standards of Practice are all quite clear: IBCLCs should avoid conflicts of interest. This session provides a can't-fail way to remember how to recognize a conflict of interest in your lactation work -- and how to avoid (or cure) it! 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.
This compact session covers legal and ethical definitions of conflicts of interest for the IBCLC -- all in 30-60 minutes. It is appropriate for E-CERPS.
Policy and Procedure Manual for the PPLC: What Ethics and the Law Require
60 - 120 minutes
ILCA Standard of Practice 2.1 states: "Work within the policies and procedures of the institution where employed, or if self-employed, have identifiable policies and procedures to follow.” Are you like most private practice IBCLCs, operating alone; maybe starting your business from the kitchen table? Private practice requires more than being a competent clinician -- you need to run a legitimate business. Not only do your professional standards encourage you to use a policy & procedure manual to outline your business practices -- it is a savvy business move. This session will describe, from the ground up, a working policy & procedure manual for the private practice lactation consultant. The legal and ethical requirements for the P&P Manual will be explained. Extras that will get you motivated to build a busy and rewarding practice will be offered. Participants will leave with an outline that can be immedately used (and adapted) to fit the needs of their private practices. Objectives: 1. Explain why a private practice lactation consultant should have a policy & procedure manual for her business 2. Describe the legal and ethical requirements underpinning a P&P Manual for the PPLC 3. Implement five (or more) record-keeping changes to enhance private practice 4. Create a strategic plan suited to the immediate and future needs of your private practice 5. Implement five (or more) marketing strategies that will boost your visibility without consuming your time
Suitable for E-CERPs and a 90-minute format, this is a true nuts-and-bolts session that assumes every single participant has never used a policy and procedure manual.
When Worlds Collide: How Ethics Differ for IBCLCs, Peer Counselors, Nurses and Volunteers
60 - 90 minutes
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
This session meets requirements for E-CERPs
Looking at Latch: Offering Hands-free Help
30 - 90 minutes
Breastfeeding isn't new. Humans have been breastfeeding since the dawn of time. What is new in the modern age is research on human lactation ... and the evidence-base is telling us that "less is more" when teaching mothers about latch. After all, that's the baby's job! And mothers prefer skilled lactation care that does not involve a lot of touching. Attendees will learn the fascinating research about instincts which both mother and baby bring to bear when breastfeeding. Learn teaching techniques to be just like an effective "GPS system," guiding mother and baby to Get Perfect Suckling! Objectives: At the end of the session attendees will be able to: 1. Describe why mothers learn breastfeeding best when the health care provider uses a hands-free teaching style; 2. Use five phrases that mothers "hear" best when learning the basics of latch; 3. Identify five baby instincts and reflexes that assist it to latch; 4. Recognize five mother instincts and behaviors that assist the baby who is latching.
This session is eligible for L-CERPs, as the primary focus is lactation-specific.
The WHO Code in Everyday Practice: Real Life Scenarios:
30 - 90 minutes
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.
This session is another hard-to-find E-CERP offering.
Becoming a Mentor Without Breaking Your Back, Your Bank or Your Ethics
30 - 90 minutes
IBLCE Pathway 3 is the process by which IBCLC Candidates can, with careful guidance of teacher-mentors, enter the profession of lactation consultation. By serving as a mentor, an IBCLC can train the next generation while (ethically!) earning money for the time and expertise this program requires. At the end of this presentation, the participant will be able to: (1) Define required elements of IBLCE Pathway 3 for both candidates, and mentor/teachers; (2) Describe three differences between informal mentoring, and teaching as part of a training curriculum; (3) Find sections of IBLCE Scope of Practice, IBLCE Code of Professional Conduct, and ILCA Standards of Practice that address IBCLC compensation; and (4) Implement Pathway 3 training program elements that allow for compensation as teacher, without a conflict-of-interest as a mentor
This session may earn E-CERPs, along with some very practical do-this-now advice!
Can an IBCLC Fire a Mom? The Legal and Ethical Roadmap
30 - 90 minutes
Your client just called at 3 a.m., for the third night in a row, for more "hand-holding" about babies that want to breastfeed at night. The mother you saw in the hospital is threatening to write a nasty letter to the administrators because you urged breastfeeding-on-demand, which is not what she learned in her faith-based parenting class. Your client of a 36-weeker, discharged home at 38 weeks, refuses to pump because she "has no time," but she cut your session short so she could go get a pedicure. Can an IBCLC ever fire a mom? Sometimes the "chemistry" just isn't there, and you think a mother may be better served by other IBCLCs you can suggest. Sometimes your client/patient is volatile or even dangerous. Sometimes you Just Don't Like this mom. This session will discuss when, and how, an IBCLC may end her professional relationship with a mother. After this session, the participant will be able to identify: (1) Sections of the IBLCE Code of Professional Conduct, IBLCE Scope of Practice for IBCLCs, and ILCA Standards of Practice that govern how an IBCLC may end a professional relationship with a mother; (2) Three annoying habits of mothers that are not grounds to "fire" her as a client/patient; (3) Three surprising habits by mothers that will permit you to sever your professional ties; (4) At least six verbal and written steps needed to ethically and legally terminate the professional lactation consultation relationship.
This session earns E-CERPs, and you'll hear lots of hair-raising case studies that will make you happy for your dull days.
Mixing Business and Health Care: Legal and Ethical Considerations for the Private Practice Lactation Consultant
60 - 90 minutes
The IBCLC in private practice (PPLC) provides community-based care for breastfeeding families. Most mothers receive great IBCLC care in the hospital or birth center. When they go home with their babies, they get all the help they need from family, friends, or mother-to-mother counselors like WIC Peer Counselors and La Leche League Leaders. But what about those mothers who need skilled expertise in lactation care after discharge? What if issues go beyond those a peer counselor can address? The PPLC, whether working in her own practice or aligned with other healthcare providers, can provide skilled care to help mothers meet their breastfeeding goals for the entire duration of lactation. The PPLC is a small business owner as well as a clinician; this session will address the professional, legal and ethical considerations common to PPLC practice.
By the end of the session the participant will be able to: (1) Describe five sections relating to private practice IBCLCs, found in the IBLCE Code of Professional Conduct, IBLCE Scope of Practice for IBCLCs, or the ILCA Standards of Practice; (2) Identify three different business types/models suitable for a PPLC; (3) Define how to avoid a "professional conflict of interest" when the PPLC has retail components in the practice; (4) Inform a mother of lactation-related benefits she may be entitled to receive under the Affordable Care Act, and similar state healthcare laws
This practical session contains elements that should allow for E-CERPs approval
Debating the Issues: A Professional Responsibility
60 - 120 minutes
The American government is built upon the notion of a balance of power: inherent tensions between the governing authorities in our lives require a system of checks-and-balances. Is the field of lactation consultation any different? As a young allied health care profession, lactation consultation must fit inside (or alongside) pre-existing systems of support and health care for the breastfeeding dayd. This creates tensions between the IBCLC and others serving a mother and baby. So what is the IBCLC to do when s/he identifies a problem with the advice mom is getting elsewhere? How does s/he professionally, ethically, and legally express a difference of opinion? Do we even put our certification at risk by discussing with mother the non-evidence-based information she has received? The ILCA Standards of Practice, the IBLCE Code of Professional Conduct and the IBLCE Scope of Practice for IBCLCs do offer guidance on how an IBCLC is to handle conflict and debate ... but this session goes beyond: to describe techniques for discussing your difference of opinion with colleagues, without being ignored or patronized. Objectives: Identify sections of the ILCA Standards of Practice, IBLCE Code of Professional Condcut, and IBLCE Scope of Practice for IBCLCs governing an IBCLC's obligations to: 1. act as an advocate for breastfeeding women, providing sufficient information to permit informed decisions 2. base clinical practice on well-designed research 3. work within the legal framework of her/his institution and community 4. share evidence-based information and clinical skills with other health care providers 5. conduct oneself with honesty, integrity and fairness 6. recognize the limits of one's personal competence, making referrals as necessary
This E-CERPs appropriate session is ideal for a 90-minute format.
Is Duct Tape Deductible? Legal and Ethical Tax Tips for the PPLC
30 - 90 minutes
Running a private practice ethically and legally is as important to "best practices" as being up-to-date on your clinically-based knowledge of lactation. Most IBCLCs who open a private practice are new to the obligations of owning and operating a small business. Accurately recording and substantiating expenses is an important part of business ownership. Those costs are a legitimate deduction from taxes owed on the income the business generates. When you pay less tax on your income, there is more money left over for your wallet! Come learn what the IRS and your accountant have been offering you all along: legitimate deductions from your tax bill for the expenses of running a business (including duct tape). Objectives: 1. Identify the sections of the IBLCE Code of Professional Conduct, IBLCE Scope of Practice and ILCA Standards of Practice that require an IBCLC to comply with the laws and policies of her practice setting (including documentation for tax purposes). 2. Describe the generally-accepted definition of "business expense" and ten categories of "deductions" permitted to be taken under federal and state tax law, and accounting principles. 3. Learn five record-keeping techniques to support deductions taken on your tax forms.
NOTE: This session is a discussion of legal and ethical requirements for an IBCLC operating a private practice. It should qualify for "E" or "R" CERPs, being a presentation that "addresses professional ethics or ethical issues relevant to IBCLCs" and is "directly related to the knowledge, skills or professional development of an IBCLC, but is not lactation or breastfeeding specific."
Two Wrongs Don't Make A Copyright: Ethics and Intellectual Property Law for the IBCLC
60 - 90 minutes
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.
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
90 minutes is ideal for this E-CERPS-appropriate program.
Turning Your Clients Into Business Builders
60 - 120 minutes
You are a private practice lactation consultant. If you're doing your job well, you "get rid of your client": your care plan and follow-up phone calls address the lactation issue at hand, and your client doesn't need to see you again. So how does a lactation consultant stay afloat in this profession? It's not realistic to wait for your satisfied clients to have more children. This session explores marketing and case management techniques -- all of them ethical and legal -- from which your consult today can draw business to you tomorrow. While your own "best practices" are the best advertisement of your professionalism, every private practitioner can use some fresh ideas to keep her business growing. After this session the participant will be able to: (1) Implement five or more changes in paperwork management to enhance marketing of the private practice (2) Evaluate whether the stressed mother has found the consultation effective (3) Increase contacts (and referrals) within the local medical community (4) Explain which sections of the ILCA Standards of Practice, IBLCE Code of Professional Conduct and IBLCE Scope of Practice for IBCLCs cover ethical marketing practices for the IBCLC (5) Design effective marketing materials targetted for those in contact with the mother
This session includes a review of the ILCA Standards of Practice, IBLCE Code of Ethics and IBLCE Scope of Practice for IBCLCs as they affect a private practitioner seeking to build her client base, and is appropriate for E-CERPs.
HIPAA and the HCP: Protecting Privacy While Protecting Yourself
60 - 120 minutes
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law designed to improve access to and continuity of health insurance. Privacy protection is one of HIPAA’s most far-reaching sections. The IBCLC's work with a breastfeeding dyad must be kept confidential. While lactation consultants have long had the responsibility to respect a mother's privacy, HIPAA imposes new responsibilities. The IBCLC must now: * tell mother she is entitled to privacy ... * prove that she has done so ... * make sure that others she works with also protect mother’s privacy ... * produce paperwork to meet all of HIPAA’s requirements. Because HIPAA provides civil and criminal liabilities for failure to comply, it can be frightening to think you don't know your privacy rules. Liz will take the extraordinarily cumbersome and confusing HIPAA regulations, and explain them in plain language: so that the IBCLC understands the law, and can explain it to her clients! Objectives: 1. Describe the legislative history of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) 2. Describe the privacy protections afforded by HIPAA to patients in the health care system 3. Describe five scenarios where an IBCLC may share a mother’s protected health information with others 4. Compare the privacy protections of HIPAA with those of the ILCA Standards of Practice and the IBLCE Code of Professional Conduct 5. Compare HIPAA compliance for the hospital-based IBCLC vs. the private practice IBCLC
E-CERPs may be sought for this session. It can easily be addressed in 60 minutes, although the 90-minute format provides for a longer Q&A session.
Squeaky Clean or Sneaking By? Avoiding Conflicts of Interest as an IBCLC
60 - 120 minutes
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.
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.