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REFERENCE TITLE: doulas; voluntary certification |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2605 |
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Introduced by Representative Townsend
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AN ACT
Amending title 36, chapter 6, Arizona Revised Statutes, by adding article 7.2; relating to public health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 7.2, to read:
ARTICLE 7.2. COMMUNITY DOULAS
36-766. Definitions
In this article, unless the context otherwise requires:
1. "Certified community doula" means a doula to whom the department has issued a certificate to practice as a certified community doula in this state.
2. "Department" means the department of health services.
3. "Director" means the director of the department.
4. "Doula" means a trained nonmedical health worker who provides continuous physical, emotional and informational support to a mother before, during and after childbirth and who serves as a liaison between the birthing parents and medical and social services staff to improve the quality of medical, social and behavioral outcomes.
5. "Practice as a certified community doula" means a certified community doula's application of the education, training and experience in the core competencies to effectively provide services to the communities and populations that the certified community doula serves through one or more of the certified community doula's roles.
36-766.01. Application for certificate; certification; renewal
A. A person may apply to the director for a certificate to practice as a certified community doula on a form prescribed by the director and shall furnish the information required by the director.
B. The director shall grant a community doula certificate to a person who meets the qualifications prescribed by this article and rules adopted pursuant to this article and who pays the applicable fees.
C. A community doula certificate is valid for two years and may be renewed once every two years by applying to the director and paying the applicable fees.
D. A person shall file an application for renewal at least thirty days and not more than sixty days before the expiration date of the current community doula certificate.
36-766.02. Powers and duties of director; rules
A. The director, by rule, shall:
1. Prescribe the scope of practice and the core competencies of certified community doulas, including skills and areas of knowledge that are essential to bring about expanded health and wellness in diverse communities and to reduce health disparities.
2. Describe and define reasonable and necessary minimum qualifications, including education and training requirements, for certified community doulas.
3. Adopt standards and requirements for establishing certified community doula education and training programs in this state.
4. Adopt standards and requirements for the approval or acceptance of continuing education courses and programs for the renewal of a community doula certificate.
5. Establish minimum education, training, experience and other qualifications that a certified community doula must possess to qualify as a trainer in any education, training or continuing education program for certified community doulas.
6. Establish the criteria for granting, denying, suspending and revoking community doula certificates in order to protect the health and safety of the public.
B. The director may adopt rules:
1. That are necessary to administer and enforce this article.
2. That allow for reciprocity agreements, including with the Indian health service.
C. The director shall waive the minimum training and education requirements for certification for applicants who provide documentation of current certification with a nationally recognized doula organization.
36-766.03. Denial, suspension or revocation of certificate; disciplinary action; appeal
A. The director may deny, suspend or revoke the certificate of any community doula who:
1. Violates any provision of this article or rule adopted pursuant to this article.
2. Is convicted of a felony or a misdemeanor involving moral turpitude.
3. Indulges in conduct or a practice that is detrimental to the health or safety of the public.
B. The department may deny, suspend or revoke a community doula certificate without holding a hearing. After receiving notification of the denial, suspension or revocation, the applicant may request a hearing to review the denial, suspension or revocation. If requested, the department shall conduct a hearing to deny, suspend or revoke the certificate pursuant to title 41, chapter 6, article 10.
C. If the director determines pursuant to a hearing that grounds exist to deny, suspend or revoke a community doula certificate, the director may do so permanently or for a fixed period of time and may impose conditions as prescribed by rule.
D. A Certified community doula who is employed by an Indian tribe and who violates this section shall be under tribal government jurisdiction. If the community doula is determined to have violated this section, the information provided to the director may result in the denial, suspension or revocation of the community doula's certification. Internal hearings, appeals or penalties resulting from disciplinary actions by a tribal government are deemed to be the final decision in accordance with this section.
36-766.04. Investigations; evidence
The director may investigate information that indicates a person may be violating this article. In connection with an investigation, the director may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a community doula pursuant to the requirements of this article.
36-766.05. Fees; use
The director, by rule, shall establish and collect nonrefundable fees for community doula certification that are consistent with fees that are prescribed pursuant to section 36‑1908. The department shall deposit the fees in a segregated account in the health services licensing fund established by section 36‑414.
36-766.06. Certification not required
This article does not require a community doula to be certified by the department in order to practice as a community doula in this state.
36-766.07. Public contracts; no preference
This state and any political subdivision of this state may not provide a preference in awarding a public contract for services provided by a certified community doula or an entity that employs certified community doulas.