HOUSE BILL 214

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Doreen Y. Gallegos and Janelle Anyanonu and Sarah Silva

and Reena Szczepanski

 

 

 

 

AN ACT

RELATING TO HEALTH; ENACTING THE DOULA CREDENTIALING AND ACCESS ACT; REQUIRING THE SECRETARY OF HEALTH TO PROMULGATE RULES TO ESTABLISH A VOLUNTARY CREDENTIALING PROCESS TO ALLOW DOULAS TO ENROLL AS MEDICAID PROVIDERS; APPOINTING A DOULA CREDENTIALING ADVISORY COUNCIL; ESTABLISHING A PROCESS FOR COLLABORATION AMONG STATE AGENCIES, LOCAL GOVERNMENT ENTITIES AND PRIVATE ENTITIES FOR SHARING CERTAIN INFORMATION REGARDING SERVICES PROVIDED BY CREDENTIALED DOULAS; REQUIRING ANNUAL REPORTING; CREATING THE DOULA FUND; REQUIRING HOSPITALS AND FREESTANDING BIRTH CENTERS TO CREATE POLICIES TO ALLOW DOULAS TO ACCOMPANY PATIENTS RECEIVING CERTAIN SERVICES ON THEIR PREMISES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Doula Credentialing and Access Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Doula Credentialing and Access Act:

          A. "applicant" means a person applying to be credentialed or recredentialed as a doula;

          B. "authority" means the health care authority;

          C. "credentialed doula" means a doula to whom the department has issued a credential to allow the doula to enroll as a medicaid provider;

          D. "department" means the department of health;

          E. "doula" means a trained, nonmedical professional who provides services, including health education, advocacy or physical, emotional or social support, to a person during the pre-conception period, pregnancy, childbirth or the postpartum period to promote positive health outcomes;

          F. "eligible person" means a person who:

                (1) is eligible for medicaid; and

                (2) elects to receive services from a credentialed doula, while pregnant or during the first twelve months of the postpartum period, regardless of the person's birth outcome;

          G. "freestanding birth center" means a birth center licensed by the authority;

          H. "hospital" means a hospital licensed by the authority; and

          I. "secretary" means the secretary of health.

     SECTION 3. [NEW MATERIAL] RULEMAKING--VOLUNTARY DOULA CREDENTIALING--FEES--DISCIPLINARY ACTION.--

          A. The secretary shall adopt and promulgate rules relating to the following:

                (1) the establishment and administration of a voluntary program for credentialing doulas, including the development of criteria for:

                     (a) education;

                     (b) training;

                     (c) experience; and

                     (d) other qualifications that the secretary deems appropriate in accordance with the provisions of the Doula Credentialing and Access Act;

                (2) procedures for the receipt and review of and action upon applications for initial credentialing;

                (3) standards for continuing education, professional development, mentorship activities and other requirements that the secretary deems appropriate for recertification;

                (4) the creation of a workforce development plan, including practices for promoting equitable access to doula credentialing for members of underserved communities;

                (5) procedures for disciplinary action relating to applicants or credentialed doulas, including guidelines for:

                     (a) reprimands;

                     (b) probation;

                     (c) denial, suspension or revocation of credentialing or recredentialing; and

                     (d) an appeal process;

                (6) the development and operation of a publicly accessible online directory for identifying credentialed doulas; and

                (7) other matters that the secretary deems appropriate to carry out the provisions of the Doula Credentialing and Access Act.

          B. The secretary may:

                (1) collect credentialing fees; and

                (2) apply any fees collected pursuant to the Doula Credentialing and Access Act to cover the costs of administering a voluntary program for credentialing doulas pursuant to that act.

     SECTION 4. [NEW MATERIAL] USE OF THE "CREDENTIALED DOULA" DESIGNATION--UNAUTHORIZED PRACTICE.--

          A. In order to use the title "credentialed doula" or other designation that indicates that an individual is a credentialed doula, the individual shall be credentialed pursuant to the provisions of the Doula Credentialing and Access Act.

          B. To ensure compliance with the provisions of the Doula Credentialing and Access Act or any rule that the secretary has adopted and promulgated pursuant to that act, the department may issue cease-and-desist orders to persons who violate the provisions of the Doula Credentialing and Access Act.

          C. A credentialed doula shall engage only in those activities authorized pursuant to the Doula Credentialing and Access Act and by rules adopted and promulgated pursuant to that act. While engaging in practice as a credentialed doula, an individual shall not engage in or perform any act or service for which another professional certificate, license or other legal authority is required. Nothing in this section shall be construed to prevent or restrict the practice, service or activities of an individual simultaneously credentialed as a credentialed doula and licensed, certified, registered or otherwise legally authorized in the state to engage in the practice of another profession if that individual does not, while engaged in the authorized practice of another profession, use any name, title or other designation indicating that the individual is a credentialed doula.

     SECTION 5. [NEW MATERIAL] DOULA CREDENTIALING ADVISORY COUNCIL.--

          A. The "doula credentialing advisory council" is established and administratively attached to the department.

          B. The doula credentialing advisory council shall hold its first meeting no later than September 1, 2025 and thereafter shall meet at least quarterly at the call of the chair.

          C. The doula credentialing advisory council consists of fifteen members who shall be:

                (1) residents of the state; and

                (2) appointed by and serve at the pleasure of the secretary.

          D. Members shall include:

                (1) the secretary or the secretary's designee, who shall serve as chair of the council;

                (2) the secretary of health care authority or the secretary's designee;

                (3) the secretary of early childhood education and care or the secretary's designee; and

                (4) twelve members from diverse linguistic and cultural backgrounds and varied geographic regions, at least eight of whom shall be doulas.

          E. The secretary shall endeavor to appoint members from underserved communities with experience advocating for or providing or receiving services relating to promoting positive pregnancy-related health outcomes.

          F. Appointed members may receive per diem and mileage pursuant to the Per Diem and Mileage Act.

          G. The secretary shall adopt and promulgate rules that establish the doula credentialing advisory council's membership, duties and the conduct of meetings.

          H. The doula credentialing advisory council's duties shall include making recommendations regarding the doula credentialing process to the secretary on the following matters:

                (1) developing standards and requirements for minimal levels of education, training and experience for credentialing;

                (2) developing standards and requirements for approval or acceptance of continuing education courses and programs that the secretary may require for the renewal of a credential;

                (3) reviewing the materials approved for training and education to ensure that they include practices for providing culturally and linguistically appropriate services to address the needs of underserved communities;

                (4) creating a workforce development plan to support the establishment and growth of the credentialed doula workforce, with a focus on practices that promote diversity and equitable access to the credentialing process; and

                (5) developing methods for collecting information regarding the provision of services by credentialed doulas and the pregnancy- and postpartum-related health outcomes of eligible persons.

     SECTION 6. [NEW MATERIAL] COLLABORATION INFORMATION SHARING AND REPORTING.--

          A. The department shall collaborate with state agencies, local governments and private entities to share relevant, disaggregated, non-personal identifying information regarding the provision of credentialed doula services.

          B. Beginning September 1, 2026 and annually thereafter, the department shall submit to the governor and the legislature an annual report including the following information:

                (1) the number of credentialed doulas enrolled as medicaid providers;

                (2) demographic information on credentialed doulas enrolled as medicaid providers;

                (3) the location, by county, of where credentialed doulas practice;   

                (4) the number of eligible persons receiving services from credentialed doulas;

                (5) demographic data of eligible persons receiving services from credentialed doulas;

                (6) the total cost of services provided by credentialed doulas per eligible person;

                (7) the duration of services provided by credentialed doulas to each eligible person;

                (8) the average number of credentialed doula visits, per eligible person, by service type; and

                (9) the pregnancy-related health outcomes of eligible persons, including instances of gestational diabetes, prenatal and postpartum hospitalizations, premature births, caesarean sections, birth injuries and infant and maternal deaths.

          C. All demographic information shall be reported in a disaggregated, non-personal-identifying manner.

     SECTION 7. [NEW MATERIAL] DOULA ACCESS.--

          A. Each hospital and freestanding birth center shall:

                (1) adopt and maintain written policies and procedures authorizing a patient to select a doula of the patient's choice to accompany the patient within the facility's premises for the purposes of providing services during pregnancy, childbirth and the twelve-month postpartum period;

                (2) provide a written copy of the policies and procedures adopted pursuant to Paragraph (1) of this subsection to:

                     (a) health care providers providing services related to pregnancy, childbirth or the twelve-month postpartum period at the facility;

                     (b) patients receiving services related to pregnancy, childbirth or the twelve-month postpartum period at the facility; and

                     (c) any other person, at the request of the patient; and

                (3) post a notice of the facility's policies

and procedures adopted pursuant to Paragraph (1) of this subsection:

                     (a) in the room of a patient admitted to the facility for services related to pregnancy, childbirth or the twelve-month postpartum period; and

                     (b) on the facility's website.

          B. The authority may adopt rules in accordance with the Doula Credentialing and Access Act necessary to effectuate the purposes of that act.

     SECTION 8. [NEW MATERIAL] DOULA FUND--CREATION.--

          A. The "doula fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the department and consists of gifts, grants, donations and bequests made to the fund.

          B. Money in the fund is subject to appropriation by the legislature to the department for purposes relevant to the provisions of the Doula Credentialing and Access Act.

          C. The department shall adopt rules on qualifications for grants and specify the format, procedure and deadlines for grant applications.

          D. Disbursements from the fund shall be made upon vouchers issued and signed by the secretary or the secretary's designee upon warrants drawn by the secretary of finance and administration.

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