11 | 9 | | 7 |
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12 | 10 | | For An Act To Be Entitled 8 |
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13 | 11 | | AN ACT TO ESTABLISH THE CERTIFIED COMMUNITY -BASED 9 |
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14 | 12 | | DOULA CERTIFICATION ACT; TO CERTIFY BIRTH AND 10 |
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15 | 13 | | POSTPARTUM DOULAS IN THIS STATE TO IMPROVE MATERNAL 11 |
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16 | 14 | | AND INFANT OUTCOMES; AND FOR OTHER PURPOSES. 12 |
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17 | 15 | | 13 |
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18 | 16 | | 14 |
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19 | 17 | | Subtitle 15 |
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20 | 18 | | TO ESTABLISH THE CERTIFIED COMMUNITY -16 |
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21 | 19 | | BASED DOULA CERTIFICATION ACT; AND TO 17 |
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22 | 20 | | CERTIFY BIRTH AND POSTPARTUM DOULAS IN 18 |
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23 | 21 | | THIS STATE TO IMPROVE MATERNAL AND 19 |
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24 | 22 | | INFANT OUTCOMES. 20 |
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25 | 23 | | 21 |
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26 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 |
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27 | 25 | | 23 |
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28 | 26 | | SECTION 1. Arkansas Code Title 17, is amended to add an additional 24 |
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29 | 27 | | chapter to read as follows: 25 |
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30 | 28 | | CHAPTER 108 26 |
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31 | 29 | | 27 |
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32 | 30 | | CERTIFIED COMMUNITY-BASED DOULA CERTIFICATION ACT 28 |
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33 | 31 | | 29 |
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34 | 32 | | Subchapter 1 - General Provisions 30 |
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35 | 33 | | 31 |
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36 | 34 | | 17-108-101. Title. 32 |
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37 | 35 | | This chapter shall be known and may be cited as the “Certified 33 |
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38 | 36 | | Community-Based Doula Certification Act”. 34 |
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39 | 37 | | 35 |
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45 | 41 | | As used in this chapter: 1 |
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46 | 42 | | (1) "Certified community -based doula" means an individual who is 2 |
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47 | 43 | | a trained professional and provides nonclinical emotional, physical, and 3 |
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48 | 44 | | informational support to women, before and during pregnancy and continuing 4 |
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49 | 45 | | through the postpartum period; and 5 |
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50 | 46 | | (2) “Health benefit plan” means an individual, blanket, or group 6 |
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51 | 47 | | plan, policy, or contract for healthcare services issued or delivered in this 7 |
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52 | 48 | | state by a healthcare insurer, health maintenance organization, hospital 8 |
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53 | 49 | | medical service corporation, or self -insured governmental or church plan in 9 |
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54 | 50 | | this state. 10 |
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55 | 51 | | Subchapter 2 - Certification 11 |
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56 | 52 | | 12 |
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57 | 53 | | 17-108-201. Certified community -based doula — Certification. 13 |
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58 | 54 | | (a) The Department of Health shall issue a certification to be a 14 |
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59 | 55 | | certified community-based doula to an individual who: 15 |
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60 | 56 | | (1) Is eighteen (18) years of age or older; 16 |
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61 | 57 | | (2) Submits evidence of: 17 |
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62 | 58 | | (A) Maintaining a certification from a doula certification 18 |
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63 | 59 | | organization designated by the department under § 17 -108-203; or 19 |
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64 | 60 | | (B) Holding a certificate as a doula by the Doula Alliance 20 |
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65 | 61 | | of Arkansas; and 21 |
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66 | 62 | | (3) Submits an application with an application fee of fifty 22 |
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67 | 63 | | dollars ($50.00). 23 |
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68 | 64 | | (b)(1) A certification under this section is valid for two (2) years 24 |
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69 | 65 | | after the date of issuance. 25 |
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70 | 66 | | (2) To renew a certification, a doula shall: 26 |
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71 | 67 | | (A)(i) Complete ten (10) hours of professional development 27 |
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72 | 68 | | requirements and training over two (2) years. 28 |
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73 | 69 | | (ii) The department, in conjunction with the Doula 29 |
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74 | 70 | | Alliance of Arkansas, may adopt rules relating to the tracking by the 30 |
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75 | 71 | | department of professional development and training; and 31 |
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76 | 72 | | (B) Submit a renewal application with a renewal 32 |
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77 | 73 | | application fee as determined by the department. 33 |
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78 | 74 | | (c) The department shall create and maintain a registry of certified 34 |
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79 | 75 | | community-based doulas to be made available to the public. 35 |
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85 | 79 | | 17-108-202. Suspension, revocation, nonissuance, or nonrenewal. 1 |
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86 | 80 | | (a) The Department of Health may suspend, revoke, or refuse to issue 2 |
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87 | 81 | | or renew the certification of a certified community -based doula for: 3 |
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88 | 82 | | (1) Securing a certification under this chapter through fraud or 4 |
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89 | 83 | | deceit; 5 |
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90 | 84 | | (2) Unethical conduct, gross ignorance, or inefficiency in the 6 |
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91 | 85 | | conduct of his or her practice; 7 |
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92 | 86 | | (3) Using a false name or an alias in his or her practice; 8 |
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93 | 87 | | (4) Violating any provision of this chapter; or 9 |
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94 | 88 | | (5) Failing to comply with any of the requirements for issuance 10 |
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95 | 89 | | of the certification. 11 |
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96 | 90 | | (b) Proceedings under this section shall comply with the Arkansas 12 |
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97 | 91 | | Administrative Procedure Act, § 25 -15-201 et seq. 13 |
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98 | 92 | | 14 |
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99 | 93 | | 17-108-203. Designated doula certification organizations. 15 |
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100 | 94 | | (a) The Department of Health, in conjunction with the Doula Alliance 16 |
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101 | 95 | | of Arkansas, shall establish criteria for an organization to be designated as 17 |
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102 | 96 | | a doula certification organization. 18 |
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103 | 97 | | (b)(1) The department, in conjunction with the Doula Alliance of 19 |
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104 | 98 | | Arkansas, shall periodically review the doula certification organizations 20 |
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105 | 99 | | designated by the department. 21 |
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106 | 100 | | (2) The department, in conjunction with the Doula Alliance of 22 |
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107 | 101 | | Arkansas, may: 23 |
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108 | 102 | | (A) Designate additional organizations as doula 24 |
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109 | 103 | | certification organizations for the purpose of certifying doulas for 25 |
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110 | 104 | | inclusion on the registry of certified community -based doulas; and 26 |
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111 | 105 | | (B)(i) Remove the designation of a doula certification 27 |
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112 | 106 | | organization previously designated. 28 |
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113 | 107 | | (ii) If the department removes a designation, the 29 |
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114 | 108 | | department shall provide notice of the removal by publication on the 30 |
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115 | 109 | | department's website and specify the date after which a certification by the 31 |
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116 | 110 | | doula certification organization no longer authorizes a doula certified by 32 |
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117 | 111 | | the doula certification organization to be included on the certified 33 |
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118 | 112 | | community-based doula registry. 34 |
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119 | 113 | | (c)(1) A doula certification organization seeking designation under 35 |
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125 | 117 | | certification organization satisfies designation criteria established by the 1 |
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126 | 118 | | department. 2 |
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127 | 119 | | (2) If the department designates a doula certification 3 |
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128 | 120 | | organization under this section, the department shall provide notice of the 4 |
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129 | 121 | | designation by publication on the department's website for the certified 5 |
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130 | 122 | | community-based doula registry and specify the date after which a 6 |
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131 | 123 | | certification by the doula certification organization authorizes a doula 7 |
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132 | 124 | | certified by the organization to be included on the certified community -based 8 |
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133 | 125 | | doula registry. 9 |
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134 | 126 | | (d) This section does not prohibit an individual from submitting his 10 |
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135 | 127 | | or her doula certification to the department without involvement of a doula 11 |
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136 | 128 | | certification organization. 12 |
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137 | 129 | | 13 |
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138 | 130 | | Subchapter 3 - Miscellaneous Provisions 14 |
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139 | 131 | | 15 |
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140 | 132 | | 17-108-301. Scope of practice. 16 |
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141 | 133 | | A certified community -based doula under this chapter shall perform only 17 |
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142 | 134 | | the following types of services: 18 |
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143 | 135 | | (1) Providing childbirth education; 19 |
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144 | 136 | | (2) Helping pregnant women navigate the healthcare system; 20 |
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145 | 137 | | (3) Advocating for pregnant women before, during, and after the 21 |
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146 | 138 | | birth of a child; 22 |
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147 | 139 | | (4) Connecting pregnant women with community resources; and 23 |
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148 | 140 | | (5) Supporting pregnant women with continuous emotional and 24 |
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149 | 141 | | physical support throughout labor and birth and intermittently during the 25 |
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150 | 142 | | prenatal and postpartum periods. 26 |
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151 | 143 | | 27 |
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152 | 144 | | 17-108-302. Patient and personal data and information. 28 |
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153 | 145 | | (a) Patient and personal data and information accessed or attained by 29 |
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154 | 146 | | a certified community -based doula under this chapter is exempt from 30 |
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155 | 147 | | disclosure under the Freedom of Information Act of 1967, § 25 -19-101 et seq., 31 |
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156 | 148 | | and is confidential and privileged as otherwise required by federal law. 32 |
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157 | 149 | | (b) If a certified community -based doula under this chapter does not 33 |
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158 | 150 | | maintain the confidential and privileged nature of the patient data or 34 |
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159 | 151 | | information, the doula shall be subject to any penalty under state and 35 |
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172 | | - | support during a hospital delivery and during the prenatal and postpartum 8 |
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173 | | - | periods as defined through rules established by the Department of Human 9 |
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174 | | - | Services. 10 |
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175 | | - | 17-108-304. Rules. 11 |
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176 | | - | (a) The Department of Health may promulgate rules relating to the 12 |
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177 | | - | certification and regulation of certified community -based doulas under this 13 |
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178 | | - | subchapter and relating to the designation of an organization as a doula 14 |
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179 | | - | certification organization. 15 |
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180 | | - | (b) On or before December 31, 2025, the Department of Human Services 16 |
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181 | | - | shall promulgate rules relating to the reimbursement of doulas under the 17 |
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182 | | - | Arkansas Medicaid Program. 18 |
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183 | | - | 19 |
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184 | | - | /s/L. Johnson 20 |
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185 | | - | 21 |
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186 | | - | 22 |
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187 | | - | APPROVED: 4/21/25 23 |
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| 162 | + | without limitation: 8 |
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| 163 | + | (1) Four (4) one-hour prenatal visits; 9 |
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| 164 | + | (2) Two (2) one-hour postpartum visits; 10 |
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| 165 | + | (3) Up to fourteen (14) hours providing support during a 11 |
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| 166 | + | hospital delivery; and 12 |
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| 167 | + | (4) Up to fifty (50) hours postpartum support during the day or 13 |
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| 168 | + | night through sixteen (16) weeks. 14 |
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| 169 | + | 15 |
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| 170 | + | 17-108-304. Rules. 16 |
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| 171 | + | (a) The Department of Health may promulgate rules relating to the 17 |
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| 172 | + | certification and regulation of certified community -based doulas under this 18 |
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| 173 | + | subchapter and relating to the designation of an organization as a doula 19 |
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| 174 | + | certification organization. 20 |
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| 175 | + | (b) On or before December 31, 2025, the Department of Human Services 21 |
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| 176 | + | shall promulgate rules relating to the reimbursement of doulas under the 22 |
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| 177 | + | Arkansas Medicaid Program. 23 |
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