Pat writes:
"There is someone in my area who while calling herself ibclc states on her
website that she is certified by iblce.. she is not/ I have reported her/
they have contacted her but in the end there is nothing they can do ..."

Galling, isn't it?

The irony of the "reach" of the IBLCE Code of Ethics is that it only applies
to those who are, in fact, certified.  So those who are just flat out lying
about the whole thing can't be "threatened" with being hauled before the
Discipline Cmte or havintg their certificatin yanked beacuse, well, they
don't have one.

IBLCE, however, HAS registered the acronym "IBCLC" and the phrase
"Registered Lactation Consultant" ("RLC") with the U. S. Patent and
Trademark Office, as certification marks.  Only those who have been
designated as "IBCLC" by IBLCE are entitled to use those initials, as "the
certification mark, as used by persons authorized [by IBLCE], certifies the
quality of the services performed by those approved by the certifier"  (IBLCE
Certification Mark Reg. No. 2042667).  Similarly, "Registered Lactation
Consultant ... as used by authorized persons, certifies that persons
performing lactation consulting have met the standards, qualifications and
testing of the certifier."  (IBLCE Certification Mark Reg. No. 2749041).  I
am surprised IBLCE is not using the avenues of redress permitted them under
trademark protection law for this one particular offender.

But the sad truth of the matter for those of us in the USA is that, until
there is licensure in each of the 50 states, it will be difficult to stop
those who claim to be IBCLC when they are not.  And even then, it will be a
pain-in-the-neck cause of action, where one has to allege the offender is
"practicing without a license."  There could be lawsuits brought under
varying tort  or restraint-of-trade theories ... but they are expensive to
initiate and difficult to prove.
Liz Brooks JD IBCLC FILCA
Wyndmoor, PA, USA

             ***********************************************

Archives: http://community.lsoft.com/archives/LACTNET.html
To reach list owners: [log in to unmask]
Mail all list management commands to: [log in to unmask]
COMMANDS:
1. To temporarily stop your subscription write in the body of an email: set lactnet nomail
2. To start it again: set lactnet mail
3. To unsubscribe: unsubscribe lactnet
4. To get a comprehensive list of rules and directions: get lactnet welcome