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A00364 Summary:

BILL NOA00364B
 
SAME ASSAME AS S03344-B
 
SPONSORPaulin
 
COSPNSRGottfried, Galef, Jaffee, Rosenthal L, Cook, Seawright, Arroyo, Blake, Dickens, Pichardo, Thiele, McDonough, Solages, Griffin, Cruz
 
MLTSPNSR
 
Add 2509, Pub Health L
 
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.
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A00364 Memo:

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.
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A00364 Text:



 
                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.
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