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HB434
HOUSE OF REPRESENTATIVES
H.B. NO.
434
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to doulas
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"
Chapter
Doulas
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Definitions.
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As used in this chapter:
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"Certified doula" means an
individual who has received a certification to perform doula services from the Childbirth
and Postpartum Professional Association, Childbirth International, DONA
International, International Childbirth Education Association, or an organization
approved by the director.
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"Client" means any person who
receives doula services from a certified doula.
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"Department" means the department
of commerce and consumer affairs.
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"Director" means the director of
commerce and consumer affairs.
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"Doula" means a non-medical support
person who provides doula services for compensation or holds oneself out to the
public as a doula.
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"Doula services" mean the
provision of continuous non-medical physical, emotional, and informational
support to a pregnant individual during pregnancy, labor, childbirth, and
postpartum periods.
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"Doula
services" does not include the provision of medical care.
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Registration required; certified doulas.
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(a)
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A
person who provides doula services for compensation or advertises or holds the
person's self out as a certified doula shall register with the department by
filing an application for registration on a form prescribed by the director and
paying any applicable fees established by the director.
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(b)
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The director shall maintain a registry of certified doulas who have met
the requirements of this section and rules adopted by the director.
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The director shall provide a link to the
registry on the department's website.
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Rights.
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A certified doula registered under this chapter may be present at all
times during a client's labor and childbirth, including during delivery and in
any recovery rooms; provided that the certified doula's presence:
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(1)
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Has
been requested by the client and the client has not subsequently requested the certified
doula to leave;
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(2)
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Does
not violate any federal or state law or regulation;
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(3)
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Does not violate any rule or regulation of the
hospital, birthing center, or clinic where the labor and childbirth is taking
place; and
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(4)
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Does not endanger the health or safety of the
client, the client's child, any medical professionals providing health care
services to the client, or any patients at the hospital, birthing center, or
clinic where the client is undergoing labor and childbirth.
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Exemptions.
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Nothing in this
chapter shall prohibit a person from p
roviding care to a person's
spouse, domestic partner, parent, sibling, or child or providing uncompensated
emotional, physical, or informational support to an unrelated pregnant
individual; provided that the person does not
advertise or hold the person's self
out as a certified doula.
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Rulemaking.
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The director shall adopt
rules pursuant to chapter 91 as necessary to carry out the purposes of this
chapter."
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SECTION 2.
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This Act shall take effect on January 1,
2026.
INTRODUCED BY:
_____________________________
Report Title:
Future
Caucus; Doulas; Certified Doulas; Doula Services; Department of Commerce and
Consumer Affairs; Registry
Description:
Requires
any person providing doula services for compensation or representing or
advertising themselves as a certified doula to register with the Director of
Commerce and Consumer Affairs.
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Establishes
certain rights for certified doulas, including being present during delivery
and in any recovery rooms, if requested by the client.
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Requires the Director to maintain a link to
the registry on the Department of Commerce and Consumer Affairs' website.
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Effective 1/1/2026.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.