HF 2329

as introduced - 89th Legislature (2015 - 2016) Posted on 05/13/2015 08:48am

A bill for an act
relating to health licensing; providing licensure for doulas; amending Minnesota
Statutes 2014, sections 148.995, subdivision 2; 148.996; 148.997, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 148.995, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Certified deleted text end new text begin Licensed new text end doula.

" deleted text begin Certified deleted text end new text begin Licensed new text end doula" means an individual
who has received deleted text begin a certification deleted text end new text begin 18 hours of training new text end to perform doula services from deleted text begin the
International Childbirth Education Association, the Doulas of North America (DONA),
the Association of Labor Assistants and Childbirth Educators (ALACE), Birthworks, the
Childbirth and Postpartum Professional Association (CAPPA), Childbirth International,
the International Center for Traditional Childbearing, or Commonsense Childbirth, Inc.
deleted text end new text begin a qualified doula training organization approved by the commissioner. Two hours of
doula training must be on breastfeeding.
new text end

Sec. 2.

new text begin [148.9951] CONTINUING EDUCATION; DISCIPLINARY PROCESS.
new text end

new text begin (a) The doula license issued by the commissioner is effective for three years from the
date of issuance. A licensed doula must obtain 20 contact hours of continuing education
units from doula training programs approved by the commissioner prior to license renewal.
new text end

new text begin (b) Licensed doulas are subject to section 146A.09.
new text end

new text begin (c) Licensed doulas must not engage in the prohibited acts specified in section
146A.08, subdivision 1, paragraphs (e) to (k), (n), and (r).
new text end

Sec. 3.

new text begin [148.9952] REGULATION; LICENSED DOULA.
new text end

new text begin Subdivision 1. new text end

new text begin Application for license. new text end

new text begin An applicant must:
new text end

new text begin (1) be 18 years of age or older;
new text end

new text begin (2) apply to the commissioner for a license to perform doula services on an
application form provided by the commissioner;
new text end

new text begin (3) at a minimum, provide the applicant's name, business address, e-mail address,
and phone number, employer, if any, and information about the applicant's training and
experience in providing doula services;
new text end

new text begin (4) include with the application a statement that the statements in the application are
true and correct to the best of the applicant's knowledge and belief;
new text end

new text begin (5) include with the application a written and signed authorization that authorizes the
commissioner to make inquiries to appropriate regulatory agencies in this or any other
state where the applicant has performed doula services;
new text end

new text begin (6) submit evidence of continuing education credits; and
new text end

new text begin (7) submit all fees as required under section 148.997.
new text end

new text begin Subd. 2. new text end

new text begin Issuance of license. new text end

new text begin The commissioner shall issue a license to each
applicant who applies under subdivision 1 if the commissioner determines that
the applicant is in compliance with this section, has met the continuing education
requirements, if required, and has paid the fee set by the commissioner. The commissioner
may reject or deny an application for a certificate if there is evidence of a violation or
failure to comply with this section.
new text end

new text begin Subd. 3. new text end

new text begin Action on applications for licensure. new text end

new text begin The commissioner shall act
on applications for licensure, and applications for renewal of licensure, according to
paragraphs (a) to (c).
new text end

new text begin (a) The commissioner shall determine if the applicant meets the requirements for
licensure. The commissioner may investigate information provided by an applicant to
determine whether the information is accurate and complete.
new text end

new text begin (b) The commissioner shall notify each applicant of action taken on the application
and of the grounds for denying licensure if licensure is denied.
new text end

new text begin (c) The commissioner shall comply with contested case procedures in chapter 14
when suspending, revoking, or refusing to issue or renew a license under this section.
new text end

new text begin Subd. 4. new text end

new text begin Reapplication following denial, rejection, revocation, or suspension of
licensure. new text end

new text begin After two years, upon application and evidence that the disqualifying behavior
has ceased, the commissioner may restore or approve certification previously denied,
rejected, revoked, or suspended, provided that the applicant has met all conditions and
terms of any orders to which the applicant is a subject.
new text end

new text begin Subd. 5. new text end

new text begin Licensure renewal notice. new text end

new text begin Licensure must be renewed every three years.
The commissioner shall mail a renewal notice to the licensed doula's last known mailing or
e-mail address. The notice must include a renewal application and notice of fees required
for renewal. A licensed doula is not relieved from meeting the renewal deadline on the
basis that the licensed doula did not receive the renewal notice.
new text end

new text begin Subd. 6. new text end

new text begin Renewal requirements. new text end

new text begin To renew a license, an applicant must:
new text end

new text begin (1) every three years, complete a renewal application on a form provided by the
commissioner and submit the renewal fee by the deadline;
new text end

new text begin (2) submit evidence of completion of continuing education requirements; and
new text end

new text begin (3) submit additional information if requested by the commissioner to clarify
information presented in the renewal application. The information must be submitted
within 30 days of the commissioner's request.
new text end

new text begin Subd. 7. new text end

new text begin Requirement to maintain current information. new text end

new text begin A licensed doula must
notify the commissioner in writing within 30 days of a change of name, addresses, home
or business telephone number, or business name.
new text end

Sec. 4.

Minnesota Statutes 2014, section 148.996, is amended to read:

148.996 REGISTRY.

Subdivision 1.

Establishment.

The commissioner of health shall maintain a registry
of deleted text begin certified doulas who have met the requirements listed in subdivision 2 deleted text end new text begin nonprofit and
tribal organizations that employ or contract with licensed doulas new text end .

Subd. 2.

Qualifications.

The commissioner shall include on the registry any
deleted text begin individual who deleted text end new text begin nonprofit or tribal organization that new text end :

(1) submits an application on a form provided by the commissioner. The form must
include the deleted text begin applicant's deleted text end new text begin organization's new text end name, address, and contact information; new text begin and
new text end

deleted text begin (2) maintains a current certification from one of the organizations listed in section
148.995, subdivision 2; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end pays the fees required under section 148.997.

Subd. 3.

Criminal background check.

The commissioner shall conduct a criminal
background check new text begin on each licensed individual doula and those licensed doulas listed with
the nonprofit or tribal organization new text end by reviewing the Bureau of Criminal Apprehension's
Web site. If the review indicates that deleted text begin an applicant deleted text end new text begin a licensed doula new text end has been engaged in
criminal behavior, the commissioner shall indicate this on the new text begin licensed doula organization
new text end registry and provide a link to the Bureau of Criminal Apprehension's Web site.

Subd. 4.

Renewal.

Inclusion on the registry maintained by the commissioner is
valid for three years. At the end of the three-year period, the deleted text begin certified doula deleted text end new text begin organization
new text end may submit a new application to remain on the new text begin licensed new text end doula new text begin organization new text end registry by
meeting the requirements described in subdivision 2.

Subd. 5.

Public access.

The commissioner shall provide a link to the new text begin licensed doula
organization new text end registry on the Department of Health's Web site.

Sec. 5.

Minnesota Statutes 2014, section 148.997, subdivision 1, is amended to read:

Subdivision 1.

Fees.

(a) The new text begin doula license new text end application fee new text begin for initial license and
relicense new text end is deleted text begin $130 deleted text end new text begin $163 new text end . new text begin The commissioner may waive the license or relicense fee for
applicants who demonstrate a financial hardship.
new text end

(b) The criminal background check fee new text begin payable by the doula license applicant new text end is $6.

new text begin (c) The registry fee for nonprofit and tribal organizations is $142.
new text end

new text begin (d) Fees collected under this section shall be deposited in the state treasury and
credited to the state government special revenue fund.
new text end