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 birth 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; fingerprint clearance card; continuing education
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:
1. Meets the qualifications
prescribed by this article and rules adopted pursuant to this article.
2. Pays the applicable fees.
3. Possesses a valid fingerprint
clearance card issued pursuant to title 41, chapter 12, 3.1.
C. A community doula certificate is
valid for three years and may be renewed every three 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 date the current community doula certificate expires. A community doula must complete fifteen hours of continuing education before the community doula's certificate may be renewed.
36-766.02. Powers and duties of director; rules; waiver
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 expand 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. Training for certified community doulas must
include all of the following:
(a) At least thirty
hours of in‑person classroom instruction on the following topics:
(i) Anatomy and physiology
of pregnancy, labor and delivery.
(ii) The role of certified community doulas and standard
services.
(iii) Cultural diversity regarding pregnancy
and childbirth.
(iv) Business practices and requirements of certified community doulas.
(v) Professional courtesy and best practices
of certified community doulas.
(vi) Prenatal contact and obligations.
(vii) Comfort techniques for labor and
delivery.
(viii) Working with the father and other
family members.
(ix) Needs of at‑risk women and
families.
(x) Social services.
(xi) Interventions during childbirth.
(xii) Current hospital policies.
(xiii) Complications of childbirth.
(xiv) Cesarean section and vaginal birth after
a cesarean section.
(xv) Universal precautions.
(xvi) Unexpected outcomes.
(xvii) Breastfeeding.
(xviii) Newborn care.
(xix) Postpartum care.
(xx) Standards of practice and the code of
ethics of certified community doulas.
(b) At least one documented observation of a birth after
training is completed.
(c) Attending at least three births while serving as the
primary doula support person.
(d) Passing a written examination as prescribed by the
department.
(e) Instruction on first aid and cardiopulmonary
resuscitation.
3. Adopt
standards and requirements to establish certified community doula education and
training programs in this state.
4. Adopt
standards to approve or accept continuing education courses and programs for
renewing community doula certificates.
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 public health and safety.
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; hearings; 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 public health or safety.
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 or community doula may request a
hearing to review the denial, suspension or revocation and, if requested, the
department shall conduct the hearing 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 certified 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 certified 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 doula to be certified by the department in order to practice as a doula in this state.
36-766.07. Public contracts; preference prohibited
This state and any political subdivision of this state may not provide a preference in awarding a public contract for certified community doula services or an entity that employs certified community doulas.
Sec. 2. Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2019, chapter 135, section 2, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy or the state board of technical registration.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41‑619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8‑804.
4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3‑314.
(b) Section 8‑105.
(c) Section 8‑322.
(d) Section 8‑463.
(e) Section 8‑509.
(f) Section 8‑802.
(g) Section 8‑804.
(h) Section 15‑183.
(i) Section 15‑503.
(j) Section 15‑512.
(k) Section 15‑534.
(l) Section 15‑763.01.
(m) Section 15‑782.02.
(n) Section 15‑1330.
(o) Section 15‑1881.
(p) Section 17‑215.
(q) Section 28‑3228.
(r) Section 28‑3413.
(s) Section 32-122.02.
(t) Section 32‑122.05.
(u) Section 32‑122.06.
(v) Section 32‑1232.
(w) Section 32‑1276.01.
(x) Section 32‑1284.
(y) Section 32‑1297.01.
(z) Section 32‑1904.
(aa) Section 32‑1941.
(bb) Section 32‑2022.
(cc) Section 32‑2108.01.
(dd) Section 32‑2123.
(ee) Section 32‑2371.
(ff) Section 32‑3620.
(gg) Section 32‑3668.
(hh) Section 32‑3669.
(ii) Section 36‑207.
(jj) Section 36‑411.
(kk) Section 36‑425.03.
(ll) Section 36‑446.04.
(mm) Section 36‑594.01.
(nn) Section 36‑594.02.
(oo) Section
36-766.01.
(oo) (pp) Section 36‑882.
(pp) (qq) Section 36‑883.02.
(qq) (rr) Section 36‑897.01.
(rr) (ss) Section 36‑897.03.
(ss) (tt) Section 36‑3008.
(tt) (uu) Section 41‑619.53.
(uu) (vv) Section 41‑1964.
(vv) (ww) Section 41‑1967.01.
(ww) (xx) Section 41‑1968.
(xx) (yy) Section 41‑1969.
(yy) (zz) Section 41‑2814.
(zz) (aaa) Section 46‑141, subsection A or B.
(aaa) (bbb) Section 46‑321.
Sec. 3. Repeal
Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 49, is repealed.
Sec. 4. Section 41-1758, Arizona Revised Statutes, as amended by Laws 2019, chapter 135, section 4, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy or the state board of technical registration.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 3‑314.
(b) Section 8‑105.
(c) Section 8‑322.
(d) Section 8‑463.
(e) Section 8‑509.
(f) Section 8‑802.
(g) Section 15‑183.
(h) Section 15‑503.
(i) Section 15‑512.
(j) Section 15‑534.
(k) Section 15‑763.01.
(l) Section 15‑782.02.
(m) Section 15‑1330.
(n) Section 15‑1881.
(o) Section
17‑215.
(p) Section 28‑3228.
(q) Section 28‑3413.
(r) Section 32-122.02.
(s) Section 32‑122.05.
(t) Section 32‑122.06.
(u) Section 32‑1232.
(v) Section 32‑1276.01.
(w) Section 32‑1284.
(x) Section 32‑1297.01.
(y) Section 32‑1904.
(z) Section 32‑1941.
(aa) Section 32‑2022.
(bb) Section 32‑2108.01.
(cc) Section 32‑2123.
(dd) Section 32‑2371.
(ee) Section 32‑3620.
(ff) Section 32‑3668.
(gg) Section 32‑3669.
(hh) Section 36‑207.
(ii) Section 36‑411.
(jj) Section 36‑425.03.
(kk) Section 36‑446.04.
(ll) Section 36‑594.01.
(mm) Section 36‑594.02.
(nn) Section
36-766.01.
(nn) (oo) Section 36‑882.
(oo) (pp) Section 36‑883.02.
(pp) (qq) Section 36‑897.01.
(qq) (rr) Section 36‑897.03.
(rr) (ss) Section 36‑3008.
(ss) (tt) Section 41‑619.52.
(tt) (uu) Section 41‑619.53.
(uu) (vv) Section 41‑1964.
(vv) (ww) Section 41‑1967.01.
(ww) (xx) Section 41‑1968.
(xx) (yy) Section 41‑1969.
(yy) (zz) Section 41‑2814.
(zz) (aaa) Section 46‑141, subsection A or B.
(aaa) (bbb) Section 46‑321.
6. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 5. Repeal
Section 41-1758, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 52, is repealed.
Sec. 6. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3‑314, 8‑105, 8‑322, 8‑463, 8‑509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑763.01, 15‑782.02, 15‑1330, 15‑1881, 17‑215, 28‑3228, 28‑3413, 32-122.02, 32‑122.05, 32‑122.06, 32‑1232, 32‑1276.01, 32‑1284, 32‑1297.01, 32‑1904, 32‑1941, 32‑2022, 32‑2108.01, 32‑2123, 32‑2371, 32‑3620, 32‑3668, 32‑3669, 36‑207, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑766.01, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A or B and section 46‑321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41‑1758.03, 41‑1758.04 or 41‑1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41‑1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet‑based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15‑106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy
approved by the department of public safety.