Bill Text: NY A00364 | 2019-2020 | General Assembly | Amended


Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced) 2019-04-17 - print number 364a [A00364 Detail]

Download: New_York-2019-A00364-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         364--A
                               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
        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:
    19    (i) complete an educational program, in accordance  with  the  commis-
    20  sioner's regulations; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01668-02-9

        A. 364--A                           2
     1    (ii) submit evidence of certification, the educational preparation for
     2  which is determined by the department to be equivalent to the foregoing,
     3  from any state or country, satisfactory to the department and in accord-
     4  ance with the commissioner's regulations.
     5    (c)  Examination:  pass  an examination satisfactory to the department
     6  and in accordance with the commissioner's regulations.
     7    (d) Age: be at least eighteen years of age.
     8    (e) Character: be of good moral character as determined by the depart-
     9  ment.
    10    (f) Fee: pay a fee of forty dollars to the  department  for  consider-
    11  ation of an application for certification.
    12    5.   Proceedings   and  grounds  for  suspension  or  revocation.  (a)
    13  proceedings against any certificate holder under this section  shall  be
    14  commenced  by  filing with the department a written charge or charges in
    15  the form of a petition under oath  against  such  certified  doula.  The
    16  petition  may be filed by any person, corporation, association or public
    17  officer, or by the department in the first instance.
    18    (b) If the commissioner decides that the charges should be heard,  the
    19  commissioner  shall  appoint a hearing officer to hear and report on the
    20  charges and shall set a time and place for the hearing. A  copy  of  the
    21  charges,  together with a notice of the time and place of hearing, shall
    22  be served on the accused at least fifteen days before the date fixed for
    23  the hearing.
    24    (c) The respondent in all such cases brought under this section shall,
    25  at least five days before the return date of the petition containing the
    26  charges, file with the department a verified answer,  in  duplicate,  to
    27  the allegations set forth in the petition. The respondent shall have the
    28  opportunity  at  such hearing to appear either personally or by counsel,
    29  to cross-examine witnesses and to produce evidence and witnesses in  the
    30  respondent's defense.
    31    (d) Upon the conclusion of the hearing, the hearing officer shall make
    32  a  written  report  of findings and conclusions and shall transmit them,
    33  together with a recommendation, to the commissioner. If the commissioner
    34  finds that the charges are not sustained, the commissioner shall order a
    35  dismissal of the charges and an exoneration. If the  commissioner  finds
    36  that  any  of  the charges are sustained, the commissioner shall, in the
    37  commissioner's  discretion,  issue  an  order  suspending,  revoking  or
    38  annulling  the  certificate  of  the  respondent,  or set reasonable and
    39  appropriate requirements for the respondent's practice under the certif-
    40  icate.
    41    (e) Where a certificate  has  been  revoked  or  annulled  under  this
    42  section,  the  department may, after the expiration of two years, enter-
    43  tain an application for restoration of the certificate.
    44    (f) A respondent aggrieved by any action  of  the  commissioner  under
    45  this  section  may  commence a proceeding under article seventy-eight of
    46  the civil practice law and rules in the supreme  court,  Albany  county,
    47  challenging that action.
    48    §  2.  This  act shall take effect on the ninetieth day after it shall
    49  have become a law. Effective immediately,  the  commissioner  of  health
    50  shall  make  regulations  and take other actions reasonably necessary to
    51  implement this act on such date.
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