NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7606
SPONSOR: Solages TITLE OF BILL:
An act to amend the public health law, in relation to permitting doulas
to be present in the operating room while a cesarean section is being
performed
PURPOSE:,:
To allow pregnant individuals to designate a doula to have full access
to themselves and their newborn infant throughout a maternal health
facility.
SUMMARY:
Section 1. Amends the public health law by adding a new section 2500-1.
Section 2. Sets the effective date.
JUSTIFICATION:
Doulas are trained professionals who provide emotional, physical, and
informational support to expecting mothers and their families before,
during, and after childbirth. They serve as advocates for the birthing
people, helping them navigate the healthcare system and providing infor-
mation and encouragement throughout the process. Research has shown
that having a doula present during childbirth can lead to shorter labor,
reduced need for pain medication, fewer medical interventions, and high-
er rates of breastfeeding
1.
A 2021 report by the NYC Department of Health found that doulas often
face several barriers when providing services in hospital settings, such
as requests to prove their training and/or certification (neither of
which are required in New York State)
2. Furthermore, doula's are
often prohibited from seeing their clients postpartum. Ensuring pregnant
persons have access to their designated doula throughout maternal health
facilities has been shown to mitigate stressors that can negatively
impact birth outcomes.
RACIAL JUSTICE IMPACT:
In the United States, the mortality rate for Black mothers is dispropor-
tionately higher than that for White women. This also applies to New
York State, where Black women die from pregnancy-related causes at three
times the rate of White women. Further, in New York City, Black women
are twelve times as likely to suffer a pregnancy-related death
3.
Pregnant people of color face disproportionately higher rates of preg-
nancy complications, mistreatment during childbirth, and maternal
mortality. Doulas help reduce the impacts of racism and racial bias in
healthcare by providing individually tailored, culturally attentive, and
patient-centered care.
Deploying doula's has proven to be an effective strategy in addressing
racial disparities in maternal healthcare by reducing severe maternal
morbidity and mortality. Yet, a lack of awareness and access to doula
services contribute to the underutilization of this important resource.
GENDER JUSTICE IMPACT:
Doulas can play a crucial role in supporting birthing people and fami-
lies during one of the most important moments of their lives. Estab-
lishing a directory where pregnant people can easily connect with quali-
fied doula caregivers will improve the health outcomes of pregnant women
by increasing accessibility. The benefit of this bill expands beyond
expecting mothers and also benefits doulas themselves, as 94.3% of the
doula workforce is made up of women
4. Ensuring that doula's can
practice within hospitals expands their job opportunities and allows
them to fulfill their responsibilities. This bill will increase accessi-
bility for all birthing people to doula care, which will improve the
health outcomes for mothers and particularly help people of color who
are expecting.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
TBD.
EFFECTIVE DATE:
This act shall take effect immediately.
1
https://tcforg/content/commentary/worsening-u-s-maternal- health-cri-
sis-three-graphs/
2 https://www. goo gle.cotn/url? sa=t&ret=j& q=&esrc=s &source=web&c
=&ved=2ahUKEwiE011-1P6....z9AhUFEFkFHTRZDUU0Fn
oECAUOAO&url=https%3A%2F%2Fwww.nyc.gov%2Fasset s%2Fdoh%2Fdownloads%2F
pdf%2Fc s %2Fdoula-report-2021. pdf&usg=A0vVaw3mz7DJRDMq1nP-iXDZGiEe
3https://www.propublica.org/article/nothing-protects- black-women-
from-dying-in-pregnancy-and-childbirth
4 https://www.zippia.com/doula-jobs/demographics/
STATE OF NEW YORK
________________________________________________________________________
7606
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to permitting doulas
to be present in the operating room while a cesarean section is being
performed
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2500-m to read as follows:
3 § 2500-m. Cesarean section; persons present. 1. No person shall be
4 denied the ability to have a doula present in the operating room, for
5 the duration such person is in an operating room, when such person is in
6 the operating room for the purposes of a cesarean section and has no
7 other support person available to them.
8 2. The department shall require all maternal healthcare facilities to
9 include and/or post on the maternal healthcare facility's webpage,
10 lobby, and patient waiting areas information stating a birthing parent
11 is allowed to have a doula present in the operating room, for the dura-
12 tion of such person is in an operating room, when such person is in the
13 operating room for the purposes of a cesarean section when no other
14 support person is available to the birthing person. Such information
15 shall be written in layperson's language and shall be made available in
16 English and the six most common non-English languages spoken by individ-
17 uals with limited English proficiency in New York state as based on the
18 most recent census. The department shall produce and provide maternal
19 healthcare facilities with informational pamphlets stating a birthing
20 parent shall be allowed to have a doula present in the operating room,
21 for the duration of such person is in an operating room, when such
22 person is in the operating room for the purposes of a cesarean section.
23 The informational pamphlet shall be: available in each patient waiting
24 area as a printed deliverable; written in layperson's language; and made
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10162-04-3
A. 7606 2
1 available in English and the six most common non-English languages
2 spoken by individuals with limited English proficiency in New York state
3 as based on the most recent census.
4 § 2. This act shall take effect immediately.
