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Senate Engrossed
doulas; voluntary certification |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 282
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SENATE BILL 1181 |
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AN ACT
Amending title 36, chapter 6, Arizona Revised Statutes, by adding article 7.2; amending sections 41-619.51, 41-1758 and 41-1758.01, Arizona Revised Statutes; relating to public health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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. DOULAS
36-766. Definitions
In this article, unless the context otherwise requires:
1. "Department" means the department of health services.
2. "Director" means the director of the department.
3. "Doula" means a trained nonmedical professional who may provide continuous physical, emotional and informational support to families before, during and after childbirth for a period of one year after birth or in the case of loss and who may serve as a liaison between the birth parents and medical and social services staff to improve the quality of medical, social and behavioral outcomes.
4. "Practice as a state-certified doula" means a state-certified doula who provides services in accordance with the core competencies specified by this article and the rules adopted pursuant to this article.
5. "State-certified doula" means a doula to whom the department has issued a certificate to practice as a state-certified doula in this state.
36-766.01. Application for certificate; certification; fingerprint clearance card; renewal; continuing education
A. A person may apply to the director for a certificate to practice as a state-certified doula on a form prescribed by the director and shall furnish the information required by the director.
B. The director shall grant a certificate to a doula who:
1. Meets the qualifications prescribed by this article and rules adopted pursuant to this article.
2. Pays the applicable fees. The director shall prescribe by rule a sliding fee scale for all fees required by this article and rules adopted pursuant to this article.
3. Possesses a valid fingerprint clearance card issued pursuant to title 41, chapter 12, 3.1.
C. A 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 ninety days before the date the current doula certificate expires. A state-certified doula must complete fifteen hours of related continuing education and submit documentation of completion with the renewal application.
36-766.02. Powers and duties of director; rules; waiver
A. The director, by rule, shall:
1. Outline the scope of practice and the core competencies of state-certified doulas regarding the skills and areas of knowledge that are essential to expand health and wellness, to reduce health disparities and to promote culturally relevant practices within diverse communities.
2. Describe and define reasonable and necessary minimum qualifications, including those prescribed in section 36-766.03.
3. Adopt standards and requirements to establish state-certified doula education and training programs in this state.
4. Adopt standards to approve or accept continuing education courses for renewing state-certified doula certificates.
5. Establish criteria for granting, denying, suspending and revoking state-certified doula certificates in order to protect the public health and safety.
B. the director may consult with subject matter experts from an integrated public health program at a higher education institution located in this state regarding the development of rules prescribed by this section.
C. 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.
D. 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. Applicant requirements; education and training; alternate certification
A. An applicant for certification under this article shall do all of the following:
1. Provide one of the following:
(a) Documentation of completing at least thirty hours of in-person instruction or a combination of in-person and online instruction in core competency topics that may include the following:
(i) Entrepreneurship.
(ii) Standards of practice and ethics.
(iii) The childbirth process.
(iv) Parental engagement.
(v) postpartum care.
(vi) Grief.
(vii) Trauma-informed care.
(viii) cultural doula practices.
(ix) Anatomy and physiology.
(b) For doulas who are from a community trained in non-western doula practices as determined by the director, documentation confirming that core competencies have been met through culturally specific training or education that is subject to review by the director.
(c) Other related individualized or experiential training or education that is subject to review by the director.
2. Provide department-approved written documentation of both of the following:
(a) Observing at least one birth after training is completed.
(b) Attending at least three births while serving as the primary doula support person and receiving a department-approved and acceptable evaluation from the laboring mother and from the medical provider who assisted the laboring mother.
3. Complete instruction on first aid and cardiopulmonary resuscitation.
4. Submit a code of ethics agreement as prescribed by the director.
B. An individual who does not qualify for state certification under this article but who has been practicing as a doula in this state for at least five years before the effective date of this section may apply to the department for certification if the individual submits all of the following:
1. Proof of current certification from a nationally recognized doula organization in lieu of proof of the minimum qualifications prescribed in this article and rules adopted pursuant to this article.
2. 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.
36-766.04. Denial, suspension or revocation of certificate; hearings; tribal jurisdiction
A. The director may deny, suspend or revoke the certificate of any state-certified doula who:
1. Violates any provision of this article or rule adopted pursuant to this article.
2. Indulges in conduct or a practice that is detrimental to the public health or safety.
B. The department may deny, suspend or revoke a state-certified doula certificate. After receiving notification of the denial, suspension or revocation, the applicant or state-certified 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. A state-certified doula who is employed by an Indian tribe and who violates this section shall be under tribal government jurisdiction. If the state-certified doula is determined to have violated this section, the information provided to the director may result in the denial, suspension or revocation of the state-certified 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.
36-766.05. Investigations; evidence
The director may investigate information that indicates a person may have violated or 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 state-certified doula pursuant to the requirements of this article.
36-766.06. Fees
The director, by rule, shall establish and collect nonrefundable fees for state-certified doula certification that are consistent with fees 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.
36-766.07. 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.
36-766.08. Public contracts; preference prohibited
This state and any political subdivision of this state may not provide a preference in awarding a public contract for state-certified doula services or an entity that employs state-certified doulas.
36-766.09. Doula community advisory committee; members; duties; committee termination
A. The doula community advisory committee is established consisting of at least nine doulas, including those who represent diverse and underrepresented communities, who are appointed by the director. The term for an advisory committee member is two years.
B. the director shall consult with the advisory committee regarding implementation of this article and the rules adopted pursuant to this article. The advisory committee shall:
1. Develop a list of acceptable organizations that provide certification based on the minimum qualifications and core competencies prescribed in this article and rules adopted pursuant to this article.
2. Identify classes that address culturally relevant doula practices.
3. Review rules and advise the director of any necessary updates.
C. The committee established by this section ends on July 1, 2029 pursuant to section 41-3103.
Sec. 2. Section 41-619.51, Arizona Revised Statutes, 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 36-113.
(jj) Section 36-207.
(kk) Section 36-411.
(ll) Section 36-425.03.
(mm) Section 36-446.04.
(nn) Section 36-594.01.
(oo) Section 36-594.02.
(pp) Section 36-766.01.
(pp) (qq) Section 36-882.
(qq) (rr) Section 36-883.02.
(rr) (ss) Section 36-897.01.
(ss) (tt) Section 36-897.03.
(tt) (uu) Section 36-3008.
(uu) (vv) Section 41-619.53.
(vv) (ww) Section 41-1964.
(ww) (xx) Section 41-1967.01.
(xx) (yy) Section 41-1968.
(yy) (zz) Section 41-1969.
(zz) (aaa) Section 41-2814.
(aaa) (bbb) Section 46-141, subsection A or B.
(bbb) (ccc) Section 46-321.
Sec. 3. Section 41-1758, Arizona Revised Statutes, 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 36-113.
(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 41-619.52.
(uu) (vv) Section 41-619.53.
(vv) (ww) Section 41-1964.
(ww) (xx) Section 41-1967.01.
(xx) (yy) Section 41-1968.
(yy) (zz) Section 41-1969.
(zz) (aaa) Section 41-2814.
(aaa) (bbb) Section 46-141, subsection A or B.
(bbb) (ccc) Section 46-321.
6. "Vulnerable adult" has the same meaning prescribed in section 13-3623.
Sec. 4. 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, 36-113, 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.
Sec. 5. Rulemaking; department of health services; exemption
For the purposes of this act, the department of health services is exempt from the rulemaking requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, for eighteen months after the effective date of this act.
APPROVED BY THE GOVERNOR APRIL 26, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 26, 2021.