WeVote
Log In

Bill

Bill

A 3008

Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2025-2026 state fiscal year

2025 Regular Session

Hospitals and licensed birthing centers must offer every birthing person lactation counseling, in person or remotely, before discharge.

SUBSTITUTED BY S3008C
0
WeVote Research Nonpartisan
Bill Summary · A 3008

Summary — A3008 (Substituted by S3008C)

Title: Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2025-2026 state fiscal year (A3008) — lactation counseling/consultation provisions

Purpose / Intent

Require hospitals that provide inpatient maternity services and State‑licensed birthing centers to offer lactation counseling or consultation to every person who has given birth at the facility, to support breastfeeding initiation, education, and follow‑up before discharge (or remotely if requested).

Key provisions

  • Coverage requirement:
    • Every hospital with inpatient maternity services and every State‑licensed birthing center must offer each birthing person either:
    • At least one in‑person, one‑on‑one consultation with a lactation counselor or lactation consultant prior to discharge; or
    • Lactation counseling or consultation conducted remotely through live voice communication, if requested/appropriate.
  • Scope of counseling must include:
    • Breastfeeding education and support; what to expect; family education.
    • Advocacy for breastfeeding as the norm for infant/young child feeding.
    • Support to meet breastfeeding goals and implementation of a lactation care plan.
    • Demonstration/instruction on breastfeeding; recommendations for and instruction in assistive devices (e.g., nipple shields, supplemental nursing systems); distribution of informational literature on breastfeeding and health benefits.
  • Definitions:
    • “Lactation consultant” — an individual (or licensed health care provider) qualified to use the International Board Certified Lactation Consultant (IBCLC) credential and demonstrating core competencies consistent with evidence‑based materials (e.g., Joint Commission standards).
    • “Lactation counselor” — an individual (or licensed health care provider) licensed/certified to practice lactation counseling; includes Certified Lactation Counselors and community‑based supporters with at least 40 hours of specialty breastfeeding/lactation education working within the counselor scope of practice.
  • Professional licensure provision:
    • An IBCLC providing services in a hospital or birthing center may not be required to also hold a registered nurse license.
  • Rulemaking:
    • Department of Health to adopt implementing regulations.
  • Effective date:
    • The act takes effect on the first day of the sixth month following enactment.
  • Committee change:
    • Assembly committee amendments removed an earlier subsection that would have prohibited reassignment of a lactation consultant to non‑lactation duties during the same hospital shift.

Who is affected

  • Direct: persons who give birth in New Jersey hospitals or licensed birthing centers; lactation counselors and IBCLC consultants; hospitals and birthing centers required to offer services.
  • Fiscal/Institutional: University Hospital (State instrumentality in Newark) may need additional staff; local governments that provide employee health benefits could be affected indirectly if facility maternity fees or capitation rates change.

Fiscal impact (Office of Legislative Services)

  • Annual local cost increase: Indeterminate — hospitals/birthing centers may hire additional lactation staff; higher staffing costs could be shifted to local government health plans.
  • Potential increase to University Hospital: Indeterminate.
  • State costs: OLS expects State expenditures are unlikely to increase materially because NJ FamilyCare, the State Health Benefits Program, and the School Employees’ Health Benefits Program already cover lactation consultation benefits that meet or exceed the bill’s requirements.

Procedural status / timeline

  • Introduced in Assembly: Jan 9, 2024 (A3008).
  • Reported with committee amendments (Assembly Community Development and Women’s Affairs): Oct 17, 2024.
  • Passed Assembly: May 22, 2025 (77–0).
  • Substituted by S3008C / printed as A3008C: May 7, 2025.
  • Received in Senate and referred to Senate Health, Human Services and Senior Citizens Committee: May 29, 2025.
  • Companion/related bills: S1099; S3008 (companion versions).

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.