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.

Relates to the professional certification of doulas

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