Authorizes the professional certification of doulas; only those certified may provide doula services defined as continuous emotional and physical support provided by a certified doula throughout labor and birth, and intermittently during the prenatal and postpartum periods.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A364B
SPONSOR: Paulin TITLE OF BILL: An act to amend the public health law, in relation to
professional certification of doulas
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the public health law to provide the requirements for
professional certification for certified doulas.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends article 25 of the public health law by adding a new
section 2509.
It provides the definitions of certified doulas and certified doula
services and states that only a doula certified under this article shall
be authorized to use the title of certified doula.
It provides requirements for certification including filing an applica-
tion with the department; completing an educational program or submit-
ting evidence of certification from an education program that is deter-
mined to be in accordance with the commissioner's regulations; passing
an examination; being at least eighteen years old; being of good moral
character as defined by the department; and paying a fee.
It also clarifies that nothing in this section authorizes a certified
doula to engage in any act within the scope of practice of any other
profession under title eight of the education law or any other law,
unless the certified doula would be otherwise authorized to do so by
law.
Section two provides the effective date.
JUSTIFICATION:
A recent report released by America's Health Rankings ranked New York
State 30th in the nation for its maternal mortality rate. Furthermore,
racial disparities exist, with four times as many African American women
as white women dying in childbirth. Severe maternal morbidity also chal-
lenges the public health community, where racial and ethnic disparities
exist as well.
Investment in the prevention of maternal mortality and severe maternal
morbidity is crucial to saving the lives of mothers and improving quali-
ty of life for mothers, their children, their families, and their commu-
nities.
Research suggests that doulas are effective in improving maternal health
outcomes. Results from a 2008 study published in the American Journal of
Obstetrics and Gynecology suggested that having support in labor,
including with a doula, was among the most effective of the 41 birth
practices. Doula support is associated with spontaneous vaginal birth, a
shorter labor time, lower odds of preterm birth, and better neonatal
health. Furthermore, a study published in the American Journal of
Managed Care in August 2014 found that cesarean section deliveries occur
less frequently among doula-assisted births. The study has also indi-
cated that African-American and low -income patients are less likely to
have access to doulas.
In an effort to combat maternal mortality and improve the health of
newborns in New York State, Governor Cuomo introduced a series of initi-
atives including a pilot program that will allow doulas to be reimbursed
for providing services, which would make doula services more accessible
through overcoming income obstacles.
In order to standardize who may be reimbursed for doula services, this
legislation provides the definition of a certified doula and states that
only a doula certified under this article shall be authorized to use the
title of certified doula. Furthermore, it outline s the requirements for
certification including age restrictions, education and examination
requirements.
Ensuring that certified doulas are properly trained and credentialed so
that they are able to deliver the support and services that are so valu-
able to patients is essential. Additionally, certification will bring
greater awareness to the critical work of doulas, which may increase
availability and access to doula support services. Note that the bill
does not create an exclusive scope of practice. It creates the title
"certified doula," provides for becoming a certified doula, and
restricts use of the title.
PRIOR LEGISLATIVE HISTORY:
A.11147, referred to health,_2018
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
Ninetieth day after it becomes a law.
STATE OF NEW YORK
________________________________________________________________________
364--B
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. PAULIN, GOTTFRIED, GALEF, JAFFEE, L. ROSENTHAL,
COOK, SEAWRIGHT, ARROYO, BLAKE, DICKENS, PICHARDO, THIELE, McDONOUGH,
SOLAGES -- read once and referred to the Committee on Health --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public health law, in relation to professional
certification of doulas
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 2509 to read as follows:
3 § 2509. Certified doulas. 1. Definitions. As used in this section:
4 (a) "Certified doula" means an individual certified under this section
5 who provides certified doula services.
6 (b) "Certified doula services" means continuous emotional and physical
7 support provided by a certified doula throughout labor and birth, and
8 intermittently during the prenatal and postpartum periods.
9 2. Use of title. Only a person certified under this section shall be
10 authorized to use the title "certified doula".
11 3. Certificate. The commissioner shall issue a certificate as a certi-
12 fied doula to an individual who applies for certification and who quali-
13 fies under subdivision four of this section.
14 4. Requirements for a professional certification. To be certified
15 under this section, an applicant shall fulfill the following require-
16 ments:
17 (a) Application: file an application with the department.
18 (b) Education: satisfactorily:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01668-04-9
A. 364--B 2
1 (i) complete an educational program, in accordance with the commis-
2 sioner's regulations; or
3 (ii) submit evidence of certification, the educational preparation for
4 which is determined by the department to be equivalent to the foregoing,
5 from any state or country, satisfactory to the department and in accord-
6 ance with the commissioner's regulations.
7 (c) Examination: pass an examination satisfactory to the department
8 and in accordance with the commissioner's regulations.
9 (d) Age: be at least eighteen years of age.
10 (e) Character: be of good moral character as determined by the depart-
11 ment.
12 (f) Fee: pay a fee of forty dollars to the department for consider-
13 ation of an application for certification.
14 5. Scope of practice. Nothing in this section authorizes a certified
15 doula to engage in any act within the scope of practice of any other
16 profession under title eight of the education law or any other law,
17 unless the certified doula would be otherwise authorized to do so by
18 law.
19 § 2. This act shall take effect on the ninetieth day after it shall
20 have become a law. Effective immediately, the commissioner of health
21 shall make regulations and take other actions reasonably necessary to
22 implement this act on such date.
