HB 434: RELATING TO DOULAS.

A BILL FOR AN ACT

relating to doulas.

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

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Doulas

     §   -1  Definitions.  As used in this chapter:

     "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.

     "Client" means any person who receives doula services from a certified doula.

     "Department" means the department of commerce and consumer affairs.

     "Director" means the director of commerce and consumer affairs.

     "Doula" means a non-medical support person who provides doula services for compensation or holds oneself out to the public as a doula.

     "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.  "Doula services" does not include the provision of medical care.

     §   -2  Registration required; certified doulas.  (a)  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.

     (b)  The director shall maintain a registry of certified doulas who have met the requirements of this section and rules adopted by the director.  The director shall provide a link to the registry on the department's website.

     §   -3  Rights.  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:

     (1)  Has been requested by the client and the client has not subsequently requested the certified doula to leave;

     (2)  Does not violate any federal or state law or regulation;

     (3)  Does not violate any rule or regulation of the hospital, birthing center, or clinic where the labor and childbirth is taking place; and

     (4)  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.

     §   -4  Exemptions.  Nothing in this chapter shall prohibit a person from providing 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.

     §   -5  Rulemaking.  The director shall adopt rules pursuant to chapter 91 as necessary to carry out the purposes of this chapter."

     SECTION 2.  This Act shall take effect on January 1, 2026.

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.  Establishes certain rights for certified doulas, including being present during delivery and in any recovery rooms, if requested by the client.  Requires the Director to maintain a link to the registry on the Department of Commerce and Consumer Affairs' website.  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.