NY State Senate Bill 2019-S3344

Archive: Last Bill Status Via A364 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 13, 2019	tabled vetoed memo.195
Dec 06, 2019	delivered to governor
Jun 18, 2019	returned to assembly passed senate 3rd reading cal.243 substituted for s3344b
Jun 18, 2019	substituted by a364b
Jun 05, 2019	amended on third reading 3344b
Jun 05, 2019	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 15, 2019	referred to health delivered to assembly passed senate
Apr 30, 2019	amended on third reading 3344a
Mar 13, 2019	advanced to third reading
Mar 12, 2019	2nd report cal.
Mar 11, 2019	1st report cal.243
Feb 05, 2019	referred to women's issues

Votes

- Jun 18, 2019 - Floor Vote
  A364
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  May 15, 2019 - Floor Vote
  S3344
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 15, 2019
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (4)
      
      Funke
      
      Griffo
      
      Harckham
      
      Sanders Jr.
  Mar 11, 2019 - Women's Issues Committee Vote
  S3344
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Women's Issues Committee Vote: Mar 11, 2019
      
      aye (6)
      
      Gaughran
      
      Kaplan
      
      Little
      
      Mayer
      
      Metzger
      
      Salazar

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-S3344 - Details

Law Section:: Public Health Law
Laws Affected:: Add §2509, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S2137

2019-S3344 - Summary

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.

2019-S3344 - Sponsor Memo

                                
 
BILL NUMBER: S3344

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the public health law, in relation to professional
certification of doulas

 
PURPOSE:

This bill amends the public health law to provide the requirements for
professional certification for certified doulas.

 
SUMMARY OF PROVISIONS:

Section 1 amends article 25 of the public health law by adding a new
section 2509.

It provides the definitions of certified doulas and certified doula
services and states that only a doula certified under this article shall
be authorized to use the title of certified doula. It provides require-

ments for certification including filing an application with the depart-
ment; completing an educational program or submitting evidence of
certification from an education program that is determined to be in
accordance with the commissioner's regulations; passing an examination;
being at least eighteen years old; being of good moral character as
defined by the department; and paying a fee.  It also defines when a
limited permit may be granted. Section two provides the effective date.

 
JUSTIFICATION:

A recent report released by America's Health Rankings ranked New York
State 30th in the nation for its maternal mortality rate.  Furthermore,
racial disparities exist, with four times as many African American women
as white women dying in childbirth. Severe maternal morbidity also chal-
lenges the public health community, where racial and ethnic disparities
exist as well.

Investment in the prevention of maternal mortality and severe maternal
morbidity is crucial to saving the lives of mothers and improving quali-
ty of life for mothers, their children, their families, and their commu-
nities.

Research suggests that doulas are effective in improving maternal health
outcomes. Results from a 2008 study published in the American Journal of
Obstetrics and Gynecology suggested that having support in labor,
including with a doula, was among the most effective of the 41 birth
practices. Doula support is associated with spontaneous vaginal birth, a
shorter labor time, lower odds of preterm birth, and better neonatal
health. Furthermore, a study published in the American Journal
of.Managed Care in August 2014 found that cesarean section deliveries
occur less frequently among doula-assisted births. The study has also
indicated that African-American and low-income patients are less likely
to have access to doulas.

In an effort to combat maternal mortality and improve the health of
newborns in New York State, Governor Cuomo introduced a series of initi-
atives including a pilot program that will allow doulas to be reimbursed

by Medicaid, which would make doula services more accessible through
overcoming racial and income obstacles.

In order to standardize who may be reimbursed by Medicaid (not just
through the pilot program), this legislation provides the definition of
a certified doula and states that only a doula certified under this
article shall be authorized to use the title of certified doula.
Furthermore, it outlines the requirements for certification including
age restrictions, education requirements, and examination requirements.

Ensuring that certified doulas are properly trained and credentialed so
that they are able to deliver the support and services that are so valu-
able to patients is essential. Additionally, certification will bring
greater awareness to the critical work of doulas, which may increase
availability and access to doula support services.

Note that the bill does not create an exclusive scope of practice. It
creates the title "certified doula," provides for becoming a certified
doula, and restricts use of the title.

 
LEGISLATIVE HISTORY:

A.11147 - 2018 - Referred to Health

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
One year after it becomes law.

2019-S3344 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3344
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 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:
 
   Section 1. The public health law is amended by adding  a  new  section
 2509 to read as follows:
   § 2509. CERTIFIED DOULAS. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "CERTIFIED DOULA" MEANS AN INDIVIDUAL CERTIFIED UNDER THIS SECTION
 WHO PROVIDES CERTIFIED DOULA SERVICES.
   (B) "CERTIFIED DOULA SERVICES" MEANS CONTINUOUS EMOTIONAL AND PHYSICAL
 SUPPORT  PROVIDED  BY  A CERTIFIED DOULA THROUGHOUT LABOR AND BIRTH, AND
 INTERMITTENTLY DURING THE PRENATAL AND POSTPARTUM PERIODS.
   2. USE OF TITLE. ONLY A PERSON CERTIFIED UNDER THIS SECTION  SHALL  BE
 AUTHORIZED TO USE THE TITLE "CERTIFIED DOULA".
   3.  REQUIREMENTS  FOR  A  PROFESSIONAL  CERTIFICATION. TO QUALIFY AS A
 CERTIFIED DOULA, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
   (B) EDUCATION: SATISFACTORILY:
   (I) COMPLETE AN EDUCATIONAL PROGRAM, IN ACCORDANCE  WITH  THE  COMMIS-
 SIONER'S REGULATIONS; OR
   (II) SUBMIT EVIDENCE OF CERTIFICATION, THE EDUCATIONAL PREPARATION FOR
 WHICH IS DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO THE FOREGOING,
 FROM ANY STATE OR COUNTRY, SATISFACTORY TO THE DEPARTMENT AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   (C)  EXAMINATION:  PASS  AN EXAMINATION SATISFACTORY TO THE DEPARTMENT
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   (D) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE.
   (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01668-01-9

 S. 3344                             2
 
   (F) FEE: PAY A FEE OF FORTY DOLLARS TO THE DEPARTMENT FOR ADMISSION TO
 A DEPARTMENT CONDUCTED EXAMINATION FOR AN  INITIAL  LICENSE,  A  FEE  OF
 FORTY  DOLLARS  FOR  EACH  RE-EXAMINATION, A FEE OF FORTY DOLLARS FOR AN
 INITIAL LICENSE FOR PERSONS NOT  REQUIRING  ADMISSION  TO  A  DEPARTMENT
 CONDUCTED EXAMINATION, AND A FEE OF TEN DOLLARS FOR A LIMITED PERMIT.
   4. LIMITED PERMIT:
   (A)  A  LIMITED  PERMIT  TO  PRACTICE  CERTIFIED DOULA SERVICES MAY BE
 GRANTED FOR A PERIOD NOT TO EXCEED TWELVE MONTHS TO  AN  INDIVIDUAL  WHO
 HAS  TO  THE  SATISFACTION OF THE DEPARTMENT MET ALL THE REQUIREMENTS OF
 SUBDIVISION THREE OF THIS SECTION EXCEPT PASSING THE EXAMINATION.
   (B) A LIMITED PERMIT  SHALL  ENTITLE  THE  HOLDER  TO  PRACTICE  DOULA
 SERVICES ONLY UNDER THE DIRECT SUPERVISION OF A CERTIFIED DOULA.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the commissioner of health shall make  regu-
 lations  and  take  other actions reasonably necessary to implement this
 act on such date.

co-Sponsors

View additional co-sponsors

2019-S3344A - Details

Law Section:: Public Health Law
Laws Affected:: Add §2509, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S2137

2019-S3344A - Summary

2019-S3344A - Sponsor Memo

                                
 
BILL NUMBER: S3344A

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the public health law, in relation to
professional certification of doulas

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the public health law to provide the requirements for
professional certification for certified doulas.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends article 25 of the public health law by adding a new
section 2509.

It provides the definitions of certified doulas and certified doula
services and states that only a doula certified under this article shall
be authorized to use the title of certified doula.  It provides require-
ments for certification including filing an application with the depart-
ment; completing an educational program or submitting evidence of

certification from an education program that is determined to be in
accordance with the commissioner's regulations; passing an examination;
being at least eighteen years old; being of good moral character as
defined by the department; and paying a fee.

It also defines when a proceedings and grounds for suspension or revoca-
tion.

Section 2 provides the effective date.

 
JUSTIFICATION:

A recent report released by America's Health Rankings ranked New York
State 30th in the nation for its maternal mortality rate. Furthermore,
racial disparities exist, with four times as many African American women
as white women dying in childbirth. Severe maternal morbidity also chal-
lenges the public health community, where racial and ethnic disparities
exist as well.

Investment in the prevention of maternal mortality and severe maternal
morbidity is crucial to saving the lives of mothers and improving quali-
ty of life for mothers, their children, their families, and their commu-
nities.

Research suggests that doulas are effective in improving maternal health
outcomes. Results from a 2008 study published in the American Journal of
Obstetrics and Gynecology suggested that having support in labor,
including with a doula, was among the most effective of the 41 birth
practices. Doula support is associated with spontaneous vaginal birth, a
shorter labor time, lower odds of preterm birth, and better neonatal
health. Furthermore, a study published in the American Journal of
Managed Care in August 2014 found that cesarean section deliveries occur
less frequently among doula-assisted births. The study has also indi-
cated that African-American and low-income patients are less likely to
have access to doulas.

In an effort to combat maternal mortality and improve the health of
newborns in New York State, Governor Cuomo introduced a series of initi-
atives including a pilot program that will allow doulas to be reimbursed
for providing services, which would make doula services more accessible
through overcoming income obstacles.

In order to standardize who may be reimbursed for doula services, this
legislation provides the definition of a certified doula and states that
only a doula certified under this article shall be authorized to use the
title of certified doula. Furthermore, it outlines the requirements for
certification including age restrictions, education and examination
requirements.

Ensuring that certified doulas are properly trained and credentialed so
that they are able to deliver the support and services that are so valu-
able to patients is essential. Additionally, certification will bring
greater awareness to the critical work of doulas, which may increase
availability and access to doula support services.

Note that the bill does not create an exclusive scope of practice. It
creates the title "certified doula," provides for becoming a certified
doula, and restricts use of the title.

 
PRIOR LEGISLATIVE HISTORY:

A.11147, referred to health, 2018

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
One year after it becomes a law.

2019-S3344A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3344--A
     Cal. No. 243
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sens. RAMOS, GAUGHRAN, KRUEGER, RIVERA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Women's  Issues  -- reported favorably from said committee, ordered to
   first and second report, ordered  to  a  third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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:
 
   Section  1.  The  public health law is amended by adding a new section
 2509 to read as follows:
   § 2509. CERTIFIED DOULAS. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "CERTIFIED DOULA" MEANS AN INDIVIDUAL CERTIFIED UNDER THIS SECTION
 WHO PROVIDES CERTIFIED DOULA SERVICES.
   (B) "CERTIFIED DOULA SERVICES" MEANS CONTINUOUS EMOTIONAL AND PHYSICAL
 SUPPORT PROVIDED BY A CERTIFIED DOULA THROUGHOUT LABOR  AND  BIRTH,  AND
 INTERMITTENTLY DURING THE PRENATAL AND POSTPARTUM PERIODS.
   2.  USE  OF TITLE. ONLY A PERSON CERTIFIED UNDER THIS SECTION SHALL BE
 AUTHORIZED TO USE THE TITLE "CERTIFIED DOULA".
   3. CERTIFICATE. THE COMMISSIONER SHALL ISSUE A CERTIFICATE AS A CERTI-
 FIED DOULA TO AN INDIVIDUAL WHO APPLIES FOR CERTIFICATION AND WHO QUALI-
 FIES UNDER SUBDIVISION FOUR OF THIS SECTION.
   4. REQUIREMENTS FOR A  PROFESSIONAL  CERTIFICATION.  TO  BE  CERTIFIED
 UNDER  THIS  SECTION,  AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
 MENTS:
   (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
   (B) EDUCATION: SATISFACTORILY:
   (I) COMPLETE AN EDUCATIONAL PROGRAM, IN ACCORDANCE  WITH  THE  COMMIS-
 SIONER'S REGULATIONS; OR
   (II) SUBMIT EVIDENCE OF CERTIFICATION, THE EDUCATIONAL PREPARATION FOR
 WHICH IS DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO THE FOREGOING,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01668-03-9

 S. 3344--A                          2
 
 FROM ANY STATE OR COUNTRY, SATISFACTORY TO THE DEPARTMENT AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   (C)  EXAMINATION:  PASS  AN EXAMINATION SATISFACTORY TO THE DEPARTMENT
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   (D) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE.
   (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   (F) FEE: PAY A FEE OF FORTY DOLLARS TO THE  DEPARTMENT  FOR  CONSIDER-
 ATION OF AN APPLICATION FOR CERTIFICATION.
   5.   PROCEEDINGS   AND  GROUNDS  FOR  SUSPENSION  OR  REVOCATION.  (A)
 PROCEEDINGS AGAINST ANY CERTIFICATE HOLDER UNDER THIS SECTION  SHALL  BE
 COMMENCED  BY  FILING WITH THE DEPARTMENT A WRITTEN CHARGE OR CHARGES IN
 THE FORM OF A PETITION UNDER OATH  AGAINST  SUCH  CERTIFIED  DOULA.  THE
 PETITION  MAY BE FILED BY ANY PERSON, CORPORATION, ASSOCIATION OR PUBLIC
 OFFICER, OR BY THE DEPARTMENT IN THE FIRST INSTANCE.
   (B) IF THE COMMISSIONER DECIDES THAT THE CHARGES SHOULD BE HEARD,  THE
 COMMISSIONER  SHALL  APPOINT A HEARING OFFICER TO HEAR AND REPORT ON THE
 CHARGES AND SHALL SET A TIME AND PLACE FOR THE HEARING. A  COPY  OF  THE
 CHARGES,  TOGETHER WITH A NOTICE OF THE TIME AND PLACE OF HEARING, SHALL
 BE SERVED ON THE ACCUSED AT LEAST FIFTEEN DAYS BEFORE THE DATE FIXED FOR
 THE HEARING.
   (C) THE RESPONDENT IN ALL SUCH CASES BROUGHT UNDER THIS SECTION SHALL,
 AT LEAST FIVE DAYS BEFORE THE RETURN DATE OF THE PETITION CONTAINING THE
 CHARGES, FILE WITH THE DEPARTMENT A VERIFIED ANSWER,  IN  DUPLICATE,  TO
 THE ALLEGATIONS SET FORTH IN THE PETITION. THE RESPONDENT SHALL HAVE THE
 OPPORTUNITY  AT  SUCH HEARING TO APPEAR EITHER PERSONALLY OR BY COUNSEL,
 TO CROSS-EXAMINE WITNESSES AND TO PRODUCE EVIDENCE AND WITNESSES IN  THE
 RESPONDENT'S DEFENSE.
   (D) UPON THE CONCLUSION OF THE HEARING, THE HEARING OFFICER SHALL MAKE
 A  WRITTEN  REPORT  OF FINDINGS AND CONCLUSIONS AND SHALL TRANSMIT THEM,
 TOGETHER WITH A RECOMMENDATION, TO THE COMMISSIONER. IF THE COMMISSIONER
 FINDS THAT THE CHARGES ARE NOT SUSTAINED, THE COMMISSIONER SHALL ORDER A
 DISMISSAL OF THE CHARGES AND AN EXONERATION. IF THE  COMMISSIONER  FINDS
 THAT  ANY  OF  THE CHARGES ARE SUSTAINED, THE COMMISSIONER SHALL, IN THE
 COMMISSIONER'S  DISCRETION,  ISSUE  AN  ORDER  SUSPENDING,  REVOKING  OR
 ANNULLING  THE  CERTIFICATE  OF  THE  RESPONDENT,  OR SET REASONABLE AND
 APPROPRIATE REQUIREMENTS FOR THE RESPONDENT'S PRACTICE UNDER THE CERTIF-
 ICATE.
   (E) WHERE A CERTIFICATE  HAS  BEEN  REVOKED  OR  ANNULLED  UNDER  THIS
 SECTION,  THE  DEPARTMENT MAY, AFTER THE EXPIRATION OF TWO YEARS, ENTER-
 TAIN AN APPLICATION FOR RESTORATION OF THE CERTIFICATE.
   (F) A RESPONDENT AGGRIEVED BY ANY ACTION  OF  THE  COMMISSIONER  UNDER
 THIS  SECTION  MAY  COMMENCE A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
 THE CIVIL PRACTICE LAW AND RULES IN THE SUPREME  COURT,  ALBANY  COUNTY,
 CHALLENGING THAT ACTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately,  the  commissioner  of  health
 shall  make  regulations  and take other actions reasonably necessary to
 implement this act on such date.

co-Sponsors

View additional co-sponsors

2019-S3344B (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add §2509, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S2137

2019-S3344B (ACTIVE) - Summary

2019-S3344B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3344B

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the public health law, in relation to
professional certification of doulas

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the public health law to provide the requirements for
professional certification for certified doulas.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends article 25 of the public health law by adding a new
section 2509.

It provides the definitions of certified doulas and certified doula
services and states that only a doula certified under this article shall
be authorized to use the title of certified doula.

It provides requirements for certification including filing an applica-

tion with the department; completing an educational program or submit-
ting evidence of certification from an education program that is deter-
mined to be in accordance with the commissioner's regulations; passing
an examination; being at least eighteen years old; being of good moral
character as defined by the department; and paying a fee.

It also clarifies that nothing in this section authorizes a certified
doula to engage in any act within the scope of practice of any other
profession under title eight of the education law or any other law,
unless the certified doula would be otherwise authorized to do so by
law.

Section two provides the effective date.

 
JUSTIFICATION:

A recent report released by America's Health Rankings ranked New York
State 30th in the nation for its maternal mortality rate.  Furthermore,
racial disparities exist, with four times as many African American women
as white women dying in childbirth. Severe maternal morbidity also chal-
lenges the public health community, where racial and ethnic disparities
exist as well.

Investment in the prevention of maternal mortality and severe maternal
morbidity is crucial to saving the lives of mothers and improving quali-
ty of life for mothers, their children, their families, and their commu-
nities.

Research suggests that doulas are effective in improving maternal health
outcomes. Results from a 2008 study published in the American Journal of
Obstetrics and Gynecology suggested that having support in labor,
including with a doula, was among the most effective of the 41 birth
practices. Doula support is associated with spontaneous vaginal birth, a
shorter labor time, lower odds of preterm birth, and better neonatal
health. Furthermore, a study published in the American Journal of
Managed Care in August 2014 found that cesarean section deliveries occur
less frequently among doula-assisted births. The study has also indi-

cated that African-American and low-income patients are less likely to
have access to doulas.

In an effort to combat maternal mortality and improve the health of
newborns in New York State, Governor Cuomo introduced a series of initi-
atives including a pilot program that will allow doulas to be reimbursed
for providing services, which would make doula services more accessible
through overcoming income obstacles.

In order to standardize who may be reimbursed for doula services, this
legislation provides the definition of a certified doula and states that
only a doula certified under this article shall be authorized to use the
title of certified doula. Furthermore, it outlines the requirements for
certification including age restrictions, education and examination
requirements.

Ensuring that certified doulas are properly trained and credentialed so
that they are able to deliver the support and services that are so valu-
able to patients is essential. Additionally, certification will bring
greater awareness to the critical work of doulas, which may increase
availability and access to doula support services.

Note that the bill does not create an exclusive scope of practice. It
creates the title "certified doula," provides for becoming a certified
doula, and restricts use of the title.

 
PRIOR LEGISLATIVE HISTORY:

A.11147, referred to health, 2018

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Ninetieth day after it becomes a law.

2019-S3344B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3344--B
     Cal. No. 243
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BIAGGI, GAUGHRAN, KRUEGER, RIVERA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Women's Issues -- reported favorably from said committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third  reading  --  passed  by  Senate  and delivered to the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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:
 
   Section  1.  The  public health law is amended by adding a new section
 2509 to read as follows:
   § 2509. CERTIFIED DOULAS. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "CERTIFIED DOULA" MEANS AN INDIVIDUAL CERTIFIED UNDER THIS SECTION
 WHO PROVIDES CERTIFIED DOULA SERVICES.
   (B) "CERTIFIED DOULA SERVICES" MEANS CONTINUOUS EMOTIONAL AND PHYSICAL
 SUPPORT PROVIDED BY A CERTIFIED DOULA THROUGHOUT LABOR  AND  BIRTH,  AND
 INTERMITTENTLY DURING THE PRENATAL AND POSTPARTUM PERIODS.
   2.  USE  OF TITLE. ONLY A PERSON CERTIFIED UNDER THIS SECTION SHALL BE
 AUTHORIZED TO USE THE TITLE "CERTIFIED DOULA".
   3. CERTIFICATE. THE COMMISSIONER SHALL ISSUE A CERTIFICATE AS A CERTI-
 FIED DOULA TO AN INDIVIDUAL WHO APPLIES FOR CERTIFICATION AND WHO QUALI-
 FIES UNDER SUBDIVISION FOUR OF THIS SECTION.
   4. REQUIREMENTS FOR A  PROFESSIONAL  CERTIFICATION.  TO  BE  CERTIFIED
 UNDER  THIS  SECTION,  AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIRE-
 MENTS:
   (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
   (B) EDUCATION: SATISFACTORILY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01668-05-9

 S. 3344--B                          2
 
   (I) COMPLETE AN EDUCATIONAL PROGRAM, IN ACCORDANCE  WITH  THE  COMMIS-
 SIONER'S REGULATIONS; OR
   (II) SUBMIT EVIDENCE OF CERTIFICATION, THE EDUCATIONAL PREPARATION FOR
 WHICH IS DETERMINED BY THE DEPARTMENT TO BE EQUIVALENT TO THE FOREGOING,
 FROM ANY STATE OR COUNTRY, SATISFACTORY TO THE DEPARTMENT AND IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS.
   (C)  EXAMINATION:  PASS  AN EXAMINATION SATISFACTORY TO THE DEPARTMENT
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   (D) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE.
   (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   (F) FEE: PAY A FEE OF FORTY DOLLARS TO THE  DEPARTMENT  FOR  CONSIDER-
 ATION OF AN APPLICATION FOR CERTIFICATION.
   5.  SCOPE  OF PRACTICE. NOTHING IN THIS SECTION AUTHORIZES A CERTIFIED
 DOULA TO ENGAGE IN ANY ACT WITHIN THE SCOPE OF  PRACTICE  OF  ANY  OTHER
 PROFESSION  UNDER  TITLE  EIGHT  OF  THE EDUCATION LAW OR ANY OTHER LAW,
 UNLESS THE CERTIFIED DOULA WOULD BE OTHERWISE AUTHORIZED  TO  DO  SO  BY
 LAW.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately,  the  commissioner  of  health
 shall  make  regulations  and take other actions reasonably necessary to
 implement this act on such date.

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Senate Bill S3344

Sponsored By

Archive: Last Bill Status Via A364 - Vetoed by Governor

Jun 18, 2019 - Floor Vote

Floor Vote: Jun 18, 2019

May 15, 2019 - Floor Vote

Floor Vote: May 15, 2019

Mar 11, 2019 - Women's Issues Committee Vote

Women's Issues Committee Vote: Mar 11, 2019

Bill Amendments

co-Sponsors

2019-S3344 - Details

2019-S3344 - Summary

2019-S3344 - Sponsor Memo

2019-S3344 - Bill Text download pdf

co-Sponsors

2019-S3344A - Details

2019-S3344A - Summary

2019-S3344A - Sponsor Memo

2019-S3344A - Bill Text download pdf

co-Sponsors

2019-S3344B (ACTIVE) - Details

2019-S3344B (ACTIVE) - Summary

2019-S3344B (ACTIVE) - Sponsor Memo

2019-S3344B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3344

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Sponsored By

Archive: Last Bill Status Via A364 - Vetoed by Governor

Bill Amendments

co-Sponsors

2019-S3344 - Details

2019-S3344 - Summary

2019-S3344 - Sponsor Memo

2019-S3344 - Bill Text download pdf

co-Sponsors

2019-S3344A - Details

2019-S3344A - Summary

2019-S3344A - Sponsor Memo

2019-S3344A - Bill Text download pdf

co-Sponsors

2019-S3344B (ACTIVE) - Details

2019-S3344B (ACTIVE) - Summary

2019-S3344B (ACTIVE) - Sponsor Memo

2019-S3344B (ACTIVE) - Bill Text download pdf

Comments