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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
Senate: HHS DP 6-1-1-0 | 3rd Read 27-2-1-0House: HHS W/D | APPROP DP 12-1-0-0 |
SB 1181: doulas; voluntary certification
Sponsor: Senator Townsend, LD 16
Caucus & COW
Overview
Establishes procedures for a person to apply to the Arizona Department of Health Services (DHS) to obtain a certificate to practice as a state-certified doula and outlines powers and duties of the Director of DHS (Director) regarding the certification of doulas.
History
A doula provides physical, emotional and informational support to a woman throughout her pregnancy, childbirth, and postpartum period (UA Health Sciences).
Although various private organizations offer certification for doulas, Arizona does not require doulas to be licensed or certified.
Provisions
Application for Certificate; Certification; Fingerprint Clearance Card; Renewal; Continuing Education
1.
Allows a person to apply to the Director
for a certificate as a state-certified doula. (Sec. 1)
2. Requires the Director to grant a certificate to a doula who:
a) Meets statutory qualifications and rules adopted by the Director;
b) Pays the applicable fees; and
c) Possesses a valid fingerprint clearance card. (Sec. 1)
3. Requires the Director to prescribe by rule a sliding fee scale for all required fees. (Sec. 1)
4. Specifies that a doula certificate is valid for three years and can be renewed every three years by applying to the Director and paying applicable fees. (Sec. 1)
5. Requires a doula to file a renewal application at least 30 days, and no more than 90 days, before the current certificate expires, and to complete 15 hours of related continuing education and submit documentation of completion with the renewal application. (Sec. 1)
Powers and Duties of Director; Rules; Waiver
6. Requires the Director, by rule, to:
a) Outline the scope of practice and core competencies of state-certified doulas, regarding the skills and areas of knowledge essential to expand health and wellness, reduce health disparities and promote culturally relevant practices within diverse communities;
b) Define minimum qualifications for doula education and training;
c) Adopt standards and requirements to establish state-certified doula education and training programs in Arizona;
d) Adopt standards to approve continuing education courses for renewing state-certified doula certificates; and
e) Establish criteria for granting, denying, suspending and revoking state-certified doula certificates. (Sec. 1)
7. Permits the Director to consult with subject matter experts from an integrated public health program at an Arizona higher education institution regarding the development of rules. (Sec. 1)
8. Allows the Director to adopt rules for administration and that allow for reciprocity agreements, including with the Indian Health Service.
9. Requires the Director to waive the minimum training and education requirements for certification for applicants that provide documentation of current certification with a nationally recognized doula organization. (Sec. 1)
Applicant Requirements; Education and Training; Alterative Certification
10. Requires an applicant for certification to:
a) Provide one of the following:
i. Documentation of completing at least 30 hours of in-person instruction or a combination of in-person and online instruction in core competency topics;
ii. For doulas from a community trained in non-western doula practices as determined by the Director, documentation confirming core competencies have been met through culturally specific training or education that is subject to review by the Director; and
iii. Other related individualized or experiential training or education that is subject to review by the Director
b) Provide DHS-approved written documentation of both:
i. Observing at least one birth after training is completed; and
ii. Attending at least three births while serving as the primary doula support person and receiving a DHS-approved and acceptable evaluation from the laboring mother and from the medical provider who assisted the mother;
c) Complete instruction on first aid and cardiopulmonary resuscitation; and
d) Submit a code of ethics agreement prescribed by the Director. (Sec. 1)
11. States a doula who does not qualify for state certification but who has been practicing as a doula in Arizona for at least five years before the effective date of this Act can apply to DHS for certification if the doula submits all of the following:
a) Proof of current certification from a nationally recognized doula organization in lieu of proof of prescribed minimum qualifications; and
b) Three letters of recommendation from health care professionals who have worked with the applicant within the preceding two years and can attest to the applicant's competency in providing doula services. (Sec. 1)
Denial, Suspension or Revocation of Certificate; Hearings; Tribal Jurisdiction
12. Permits the Director to deny, suspend or revoke the certificate of any state-certified doula who:
a) Violates statute or a rule adopted by the Director;
b) Indulges in conduct detrimental to public health or safety. (Sec. 1)
13. Allows DHS to deny, suspend or revoke a state-certified doula certificate. (Sec. 1)
14. Enables an applicant or state-certified doula, after receiving notification of the denial, suspension or revocation, to request a hearing for review, which DHS must then conduct. (Sec. 1)
15. Specifies that a state-certified doula who is employed by an Indian tribe and violates the provisions of this Act is under tribal government jurisdiction. (Sec. 1)
16. Stipulates if a state-certified doula is determined to have violated the provisions of this Act, the information provided to the Director can result in the denial, suspension or revocation of the state-certified doula's certification. (Sec. 1)
17. Asserts the internal hearings, appeals or penalties resulting from disciplinary actions by a tribal government are deemed to be the final decision in accordance with the provisions of this Act. (Sec. 1)
Investigations; Evidence
18. Authorizes the Director to investigate possible violations by examining and copying documents and other physical evidence related to the conduct or competence of a state-certified doula. (Sec. 1)
Fees
19. Requires the Director to establish and collect fees for doula certification. (Sec. 1)
Certification Not Required
20. Specifies that a doula is not required to be certified by DHS in order to practice as a doula in Arizona. (Sec. 1)
Public Contracts; Preference Prohibited
21. Prohibits the state and political subdivisions of the state from providing a preference in awarding a public contract for state-certified doula services. (Sec. 1)
Doula Community Advisory Committee; Members; Duties; Committee Termination
22. Establishes the Doula Community Advisory Committee (Advisory Committee). (Sec. 1)
23. Specifies the Advisory Committee consists of at least nine doulas appointed by the Director. (Sec. 1)
24. Makes the term for an Advisory Committee member two years. (Sec. 1)
25. Requires the Director to consult with the Advisory Committee regarding implementation of the provisions of this Act. (Sec. 1)
26. Directs the Advisory Committee to:
a) Develop a list of acceptable organizations that provide certification based on the prescribed minimum qualifications and core competencies;
b) Identify classes that address culturally relevant doula practices; and
c) Review rules and advise the Director of any necessary updates. (Sec. 1)
27. Repeals the Advisory Committee on July 1, 2029. (Sec. 1)
Miscellaneous
28. Prescribes definitions for department, director, doula, practice as a state-certified doula and state-certified doula. (Sec. 1)
29. Adds state-certified doulas to the fingerprinting statutes. (Sec. 2, 3, 4)
30. Exempts DHS from rulemaking requirements for 18 months after the effective date of this Act. (Sec. 5)
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34. SB 1181
35. Initials TG/IR Page 0 Caucus & COW
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