The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   364

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M. of A. PAULIN, GOTTFRIED, GALEF, JAFFEE, L. ROSENTHAL,
  COOK, SEAWRIGHT, ARROYO, BLAKE, DICKENS, PICHARDO,  THIELE,  McDONOUGH
  -- read once and referred to the Committee on Health

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01668-01-9

A. 364                              2

  (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 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.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 364--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (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:

  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

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

                                                           LBD01668-02-9

A. 364--A                           2

  (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.   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.