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Subject:
From:
Elizabeth Brooks <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Fri, 18 Nov 2016 12:40:18 -0500
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Yo, IBCLCs. You reading your IBLCE newsletter? You know I do. The Nov 2016
issue just sent to certificants' emails (and not on the website yet) has an
article that discusses the IBLCE Ethics & Discipline Cmte (IBLCE E&D)
procedures. You know that's on my radar, too.

The procedures document has just been revised. Surprise! The new version is
on the IBLCE website:
http://iblce.org/wp-content/uploads/2013/08/disciplinary-procedures-2.pdf

Let me summarize the changes for you here.

(1) The new address for IBLCE was added in two places.

(2) A concluding paragraph was added, whose placement and italicization
make it seem like it is a .... postlude? footnote? extra paragraph to
"VIII. Resignation" which immediately precedes it? Not clear.

It reads (in full):
"These Procedures are designed to resolve only complaints concerning
potential unethical conduct of an IBCLC within the meaning of the Code of
Professional Conduct (the "Code"). These Procedures are not applicable to
disputes of a commercial or personal nature, such as claims that an IBCLC's
conduct amounted to defamation or disparagement, or to differences in
professional opinion. Such matters should be resolved without resorting to
these Procedures. Only complaints where the major component rises to the
level of unethical conduct under the Code will be considered actionable by
IBLCE under these Procedures."

That's it. Those are the changes. The Board took the time to look at and
revise these procedures, but they did not update nor improve one element of
the LACK of due process the entire document represents. What a wasted
opportunity. So much could have been fixed.

(3) If I were to tweet the new paragraph, I'd say it means: "Do your
name-calling, contract-disputing and professional-opinion-disagreeing
elsewhere." IBLCE E&D is for complaints of unethical conduct violating the
IBLCE Code of Professional Conduct (IBLCE CPC), ONLY.

Hmm. Seems to me that there are lots of elements of the IBLCE CPC that go
to the integrity of professional behaviors:
Principle 2 ("Act with due diligence") at 2.3 ("Be responsible and
accountable for personal conduct and practice");
Principle 6 ("Maintain personal integrity") at 6.1 ("Behave honestly and
fairly as a health professional"):
Principle 7 ("Uphold the professional standards expected of an IBCLC"), for
starters.

While IBLCE of course does not have jurisdiction to *try* contract or
defamation matters, certainly patterns of misconduct and unprofessional
behaviors that may give rise to valid causes of action in courtrooms
elsewhere are the sorts of behaviors that are unbecoming of certified
IBCLCs.

Especially when you consider Principle 8 ("Comply with the IBLCE
disciplinary Procedures") which is all ABOUT how conviction/discipline in
other tribunals is an automatic violation ("ding") of the IBLCE E&D.

So what the heck is this new paragraph supposed to do -- other than impose
a chilling effect on anyone who seeks to exhort ethical, legal and
professional behaviors on an IBCLC?

-- 
Liz Brooks, JD, IBCLC, FILCA
Wyndmoor, PA, USA
Director, Human Milk Banking Assn of North America (2015-17)
Adjunct Professor, Drexel Univ, Public Policy of Breastfeeding
"IBCLCs empower women and save babies' lives!"-Ursuline Singleton

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