CHAPTER Plc 1900 VOLUNTARY CERTIFICATION OF DOULAS AND
LACTATION SERVICE PROVIDERS
Statutory
Authority: RSA 310:6, II; RSA 310-A:222,
II
PART Plc 1901 PURPOSE AND APPLICABILITY; SENDING NOTICES AND CERTIFICATIONS; INCORPORATED DEFINITIONS
Plc 1901.01 Purpose. The purpose of this chapter is to implement
RSA 310-A:222, I relative to the voluntary certification of doulas and
lactation service providers for purposes of direct Medicaid reimbursement.
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Plc 1901.02 Applicability.
(a)
This chapter shall apply to any individual who wishes to be certified as
a doula or as a state-certified lactation service provider in
order to be eligible for
direct Medicaid reimbursement.
(b)
Nothing in this chapter shall be construed to apply for any purpose
other than being eligible for direct Medicaid reimbursement.
(1) Determining
whether the patient needs clinical or non-clinical services; and
(2) Identifying
the appropriate state-certified LSP(s) to provide those services.
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Plc 1901.03 Notifications; Issuance of Certifications. The office of professional licensure and
certification (OPLC) shall send all notifications to applicants and certificants,
and all certifications issued pursuant to this chapter, in accordance with Plc
301.03.
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Plc 1901.04 Incorporated Definitions. All terms used in
these rules relative to procedures, applications, inspections, or
fees that are defined in Plc 100 through Plc 400 or Plc 1000 shall have the
meaning specified in title Plc.
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PART Plc 1902 CHAPTER-SPECIFIC DEFINITIONS
Plc 1902.01 “Breastfeeding” means the act of feeding
human breast milk to an infant, either directly from the human breast or pumped
from the human breast and fed to an infant in a bottle, during the postpartum
period.
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Plc 1902.02 “Certificant” means an individual who holds a
doula certification or a state LSP certification issued by the OPLC under RSA
310-A:222 and Plc 1900.
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Plc
1902.04 “Lactation service provider
(LSP)” means an individual who possesses the
necessary skills, knowledge, and attitudes to facilitate breastfeeding and who works
with parents and infants to resolve challenges related to breastfeeding. The term includes clinical LSPs such as
International Board Certified Lactation Consultants
and non-clinical LSPs such as certified lactation counselors, certified
lactation educators, and certified breastfeeding educators, as described in Plc
1903.06.
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Plc 1902.05 “Perinatal period” means the period that
extends from conception through 12 months after the end of pregnancy, inclusive
of all birth outcomes.
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Plc 1902.06 “Postpartum period” means any time from the
end of pregnancy through 12 months after the end of pregnancy, inclusive of all
birth outcomes.
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Plc 1902.07 “Qualifying certification” means a
certification required to be eligible for state LSP certification, as listed in
Plc 1903.06.
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Plc 1902.08 “State LSP certification” means the
certification issued by the OPLC to an individual so that the individual will
qualify for Medicaid reimbursement.
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PART Plc 1903 INITIAL CERTIFICATION
Plc 1903.01 Qualifications for Initial Doula Certification.
To qualify for certification as a doula, an individual shall:
(a)
Be of good moral character, as demonstrated by the responses on the
application to the questions listed in Plc 304.03(e) and any explanation(s)
provided pursuant to Plc 304.04(a); and
(b)
Have received training and experience in the core competencies
identified in Plc 1903.02.
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Plc 1903.02 Core Competencies for Doulas.
(a)
Any individual seeking to be a certified doula under this chapter shall
demonstrate training and experience in the following core competencies:
(1)
Familiarity with maternal and infant
health concepts and approaches, including but not limited to:
a. Maternal anatomy and physiology during the
perinatal period;
b. Common medical interventions during
pregnancy, childbirth, and the postpartum period;
c. Labor and delivery comfort measures;
d. Common potential complications associated
with pregnancy, childbirth, and the postpartum period;
e. Best practices for emotional support and
advocacy for family needs; and
f. Newborn care including the fundamentals of
infant feeding;
(2)
Familiarity with service coordination
and system navigation including, but not limited to, lactation support,
resource navigation for wrap-around services, and screening referrals;
(3)
Familiarity with health promotion and
prevention, including but not limited to perinatal health education and newborn
parenting education;
(4)
Interpersonal communication, including
but not limited to active listening, engaging with medical team members and
family members, and providing constructive feedback; and
(5)
Ethical responsibilities and
professionalism.
(b)
Core competencies shall be demonstrated by one or more of the following:
(1)
Certification within the last 5 years
from any certifying organization that meets the standards established by the National
Doula Certification Board (NDCB), available at https://www.doulaboard.org/;
or
(2)
Other training and experience as
documented by the following:
a. A transcript from a school or program that
provides doula training including at least 10 hours of training in the core
competencies listed in (a), above; and
b. Evidence of attendance at 3 or more births in
the preceding 5 years and evidence of active doula practice consisting of at
least one visit during the perinatal period per year in
each year after completing training.
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Plc 1903.03
Applying for Initial Doula Certification. Any individual who meets the qualifications
specified in Plc 1903.01 who wishes to be certified as a doula in New Hampshire
shall apply by complying with Plc 304.01, subject to the following:
(a)
On or with the profession-specific supplement
required by Plc 304.01(a)(2), the applicant shall provide the information and
documentation required by Plc 1903.04 and Plc 1903.05;
(b)
No criminal background check shall be required; and
(c)
The fee shall be the application processing and licensing fee specified
in Plc 1002.55, provided that an applicant who is applying as active military
or a military spouse shall not pay the fee.
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Plc 1903.04 Information
Required for Initial Doula Certification Application. In addition to the information required by
Plc 304.03, an applicant for initial doula certification shall provide:
(a) If qualifying under Plc 1903.02(b)(1), the
name, location, and URL of the certifying organization; or
(b) If qualifying under Plc 1903.02(b)(2):
(1) The name,
location, and URL of the school or program that provided the applicant’s
doula training;
(2) The city
and state of each of the required births the applicant attended in the
preceding 5 years; and
(3) The city and state in which the applicant
made each of the required visits during the perinatal period in
each year after completing training.
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Plc 1903.05 Additional
Documentation Required for Initial Doula Certification
Application. In addition to the documentation required by
Plc 304.04, an applicant for initial doula certification shall provide:
(a)
If qualifying based on certification, a copy of the certification; or
(b)
If qualifying based on other education and training:
(2)
Confirmation of making one visit during the perinatal period
in each year after completing training, which may be provided by
documentation of the visit for purposes of employment or Medicaid
reimbursement, or the applicant’s attestation.
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Plc
1903.06 Qualifications
for Initial State LSP Certification. To qualify for initial state LSP
certification, an individual shall be:
(a) Certified by the International Board of Certified
Lactation Consultant Examiners as an International Board
Certified Lactation Consultant (IBCLC);
(b) Certified by the Academy of Lactation Policy
and Practice (ALPP) as a certified lactation counselor (CLC);
(c) Certified by the Childbirth and Postpartum
Professional Association (CAPPA) as a certified lactation educator (CLE); or
(d) Certified as a certified breastfeeding
educator (CBE) by Lactation Education Resources or Childbirth International.
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Plc
1903.07 Applying
for Initial State LSP Certification.
Any individual who meets the qualifications specified in Plc 1903.06 who
wishes to be a state-certified LSP in New Hampshire in order
to receive direct Medicaid reimbursement shall apply by complying with
Plc 304.01, subject to the following:
(a) The applicant shall provide a copy of the
applicant’s qualifying certification with the application;
(b) No criminal background check shall be
required; and
(c) The fee shall be the application processing
and licensing fee specified in Plc 1002.55, provided that an applicant who is
applying as active military or a military spouse shall not pay the fee.
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Plc 1903.08
Processing of Applications for Initial Certification; Decisions.
(a) Within 30 days of receipt of an
application for initial certification submitted pursuant to Plc 1903.03 for
doulas or Plc 1903.07 for LSPs, the
licensing bureau shall process the application as provided
in Plc 304.06.
(b)
The application shall be subject to the abandonment provisions of Plc
304.06(h) and the withdrawal provisions of Plc 304.07.
(c)
After determining that an application is complete, the licensing bureau shall
review the application and notify the applicant of its decision in accordance
with Plc 304.08 and Plc 304.09.
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Plc
1903.09 Challenging a Denial of
Initial Certification; Challenging Certification
Conditions. An applicant who wishes to challenge the
denial of an application for initial certification or who wishes to challenge
conditions included in a certification shall do so as provided in Plc 304.10.
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Plc
1903.10 Initial
Certifications: Issuance and Duration.
(a)
Initial certifications shall be issued in accordance with Plc 304.11.
(b)
Initial certifications shall be valid as provided in Plc 304.12.
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PART Plc 1904 CERTIFICANT OBLIGATIONS
Plc 1904.01 Certificant Obligations for
Notifications and Updates.
Each certificant shall comply with Plc 307.02 relative
to required notifications, updates of contact information, and providing
information on how complaints can be filed.
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Plc
1904.02 Certificant Responsibilities for Renewal. Each certificant
shall:
(a)
Know when the certificant’s certification is due to expire; and
(b)
File an application for renewal prior to the expiration of the current certification
in accordance with Plc 1905.02 if the certificant wishes to continue to
practice in New Hampshire.
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Plc
1904.03 Additional Certificant Obligations. Each individual who
is certified under Plc 310-A:222 and Plc 1900 shall:
(a)
Comply with Plc 300 and Plc 1900;
(b)
Comply with any disciplinary or remedial orders issued by the executive
director within the time period specified;
(c)
Interact with colleagues and clients with honesty and integrity;
(d)
Not misrepresent professional qualifications or credentials;
(e)
Cooperate with inspections and with lawful investigations by the OPLC;
(f)
Treat all individuals with whom the certificant interacts in a
professional capacity with respect and civility;
(g)
Maintain sexual boundaries by:
(1) Refraining from any behavior that exploits
the certificant-client relationship in a sexual way; and
(2) Avoiding any behavior that is sexual or
sexually demeaning, or that could be reasonably interpreted as such, even when
initiated by or consented to by a client or colleague;
(h)
Not engage in hazing or sexual, verbal, or physical harassment of any
individual when interacting in a professional capacity; and
(i)
Not discriminate based on age, sex, gender identity, sexual orientation,
race, creed, color, marital status, familial status, physical or mental
disability, or national origin.
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PART
Plc 1905 CERTIFICATION
RENEWAL
Plc
1905.01 Eligibility for Renewal.
(a)
To be eligible to renew a doula certification under this chapter, a certificant shall have:
(1) Attended at least one birth during the term
of the certificate being renewed; and
(2) Made one visit during the perinatal period in each year of the term of the certificate being renewed.
(b)
To be eligible to renew a state LSP certification under this chapter, a
certificant shall maintain any qualifying certification.
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Plc
1905.02 Notification of Pending Certification Expiration.
The licensing bureau shall notify each certificant of the pending
expiration of the certificant’s certification in accordance with Plc 308.03.
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Plc
1905.03 Application for Doula Certification Renewal.
A certificant who wishes to maintain doula certification under RSA
310-A:222 and Plc 1900 shall apply for renewal by complying with Plc 308.05,
subject to the following:
(a) No profession-specific supplement shall be
required;
(b) The fee shall be the application processing
and licensing fee specified in Plc 1002.55, provided that an applicant who is
applying as active military or a military spouse shall not pay the fee.
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Plc
1905.04 Application for LSP Certification Renewal.
A certificant who wishes to maintain state LSP certification
under RSA 310-A:222 and Plc 1900 shall apply for renewal by complying with Plc
308.05, subject to the following:
(a)
The applicant shall provide a copy of
the applicant’s qualifying certification pursuant to Plc 308.07(b); and
(b) The fee shall be the application processing
and licensing fee specified in Plc 1002.55, provided that an applicant who is
applying as active military or a military spouse shall not pay the fee.
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Plc 1905.05 Processing
of Renewal Applications; Decisions.
(a) Within 30 days of receipt of an
application submitted pursuant to Plc 1905.03, the licensing bureau shall process the application as
provided in Plc 308.09.
(b) The application shall be subject to the
abandonment and withdrawal provisions of Plc 308.10.
(c) The licensing
bureau shall review complete applications and notify
the applicant of its decision as provided in Plc 308.11 and RSA 541-A:29, II.
(d) The licensing
bureau shall issue a renewal certificate
if the applicant:
(1)
Has submitted a renewal application in accordance with:
a.
Plc 1905.03, for renewal of doula certification; or
b.
Plc 1905.04, for renewal of state LSP certification; and
(2)
Meets the applicable eligibility criteria specified in Plc 1905.01 and
Plc 308.02.
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Plc
1905.06 Renewal Certifications:
Issuance and Duration.
(a)
The OPLC shall issue renewal certifications in accordance with Plc
308.13(a).
(b)
Renewal certifications shall be valid as provided in Plc 308.13(b).
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Plc 1905.07 Challenging a Denial of Certification
Renewal; Challenging Certificate Conditions. An applicant who wishes to challenge the
denial of an application for certification renewal or
who wishes to challenge conditions included in the certification shall do so in
accordance with Plc 308.12.
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PART Plc 1906 ETHICAL AND PROFESSIONAL STANDARDS
Plc
1906.01 Ethical and Professional Standards for
Certified Doulas. Certified doulas
shall:
(a) Treat all individuals with respect,
recognizing their unique identities and life choices;
(b)
Respect the dignity, humanity, and
personal autonomy of each individual they serve;
(c) Protect client information and maintain the
privacy of each client’s information, unless directed by the client or required
by law to release the information;
(d) Act with honesty, fairness, and transparency
in all situations related to practicing as a doula; and
(e) Support each client’s informed
decision-making and choices, and not impose the
doula’s own preferences.
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Plc 1906.02 Ethical
and Professional Standards for State Certified LSPs. Individuals who hold a state LSP
certification shall comply with the ethical standards established by the
organization who conferred the qualifying
certification.
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PART Plc 1907 PROCEDURES; DISCIPLINARY PROCEEDINGS
Plc
1907.01 Rules of Practice and Procedure.
(a)
The rules in Plc 200 and Plc 311 shall govern:
(1) The receipt of misconduct complaints and the
investigation thereof;
(2) The conduct of disciplinary hearings and
non-disciplinary remedial hearings;
(3) Disciplinary and non-disciplinary remedial
proceedings;
(4) The imposition of license conditions;
(5) The assessment of administrative fines;
(6) Reciprocal discipline; and
(7) Rehearings and appeals.
(b)
The rules in Plc 200 shall govern:
(1) The conduct of all other adjudicative and
non-adjudicative proceedings;
(2) Waivers of rules;
(3) Voluntary surrender of licenses; and
(4) Any other procedures not included in this
chapter.
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Plc
1907.02 Reinstatement of Certification After
Expiration, Suspension, or Revocation.
The procedures in Plc 312 shall govern the reobtaining of a
certification after expiration, suspension, or revocation.
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Appendix A:
State Statutes Implemented
|
Rule(s) |
State Statute(s) Implemented |
|
Plc
1901 |
RSA
310-A:222 |
|
Plc
1902 |
RSA
310-A:222 |
|
Plc
1903 |
RSA
310:5, II; RSA 310:8, II; RSA 310-A:222 |
|
Plc
1904 |
RSA
310:5, II; RSA 310-A:222 |
|
Plc
1905 |
RSA
310:5, II; RSA 310:8, III; RSA 310-A:222 |
|
Plc
1906 |
RSA
310:5, II; RSA 310-A:222 |
|
Plc
1907 |
RSA
310:5, II; RSA 310-A:222 |