New Mexico Register / Volume XXXVII,
Issue 19 / October 6, 2026
TITLE 7 HEALTH
CHAPTER 30 FAMILY AND CHILDREN HEALTH SERVICES
PART 16 DOULA CREDENTIALING FOR MEDICAID
REIMBURSEMENT
7.30.16.1 ISSUING AGENCY: Department of health, public health division.
[7.30.16.1 NMAC - N,
10/06/2026]
7.30.16.2 SCOPE: This rule applies to any person seeking to
practice as a credentialed doula in the state of New Mexico and to the doula
credentialing advisory council.
[7.30.16.2 NMAC - N,
10/06/2026]
7.30.16.3 STATUTORY AUTHORITY: This rule is promulgated pursuant to the
following statutory authorities: the
Department of Health Act, Subsection E of Section 9-7-6 NMSA 1978, which
authorizes the secretary of the department of health to “ …make and adopt such
reasonable and procedural rules and regulations as may be necessary to carry
out the duties of the department and its divisions,” Subsection A and
Subsection S of 24-1-3 NMSA 1978 and the Doula Credentialing and Access Act, Sections
24-36-1 through 24-36-8 NMSA 1978.
[7.30.16.3
NMAC - N, 10/06/2026]
7.30.16.4 DURATION: Permanent.
[7.30.16.4
NMAC - N, 10/06/2026]
7.30.16.5 EFFECTIVE DATE: October 6, 2026, unless a later date is cited
at the end of a section.
[7.30.16.5 NMAC - N,
10/06/2026]
7.30.16.6 OBJECTIVE: The objective of this rule is to implement
the Doula Credentialing and Access Act.
This rule governs the voluntary credential of doulas in New Mexico and
the doula credentialing advisory council.
[7.30.16.6 NMAC - N,
10/06/2026]
7.30.16.7 DEFINITIONS:
A. Definitions beginning with “A”:
(1) “Action against a credential” means
any formal action taken by the department that adversely affects credentialing
status, including but not limited to denial of initial credentialing or
re-credentialing, suspension or revocation of a credential, probation or
reprimand.
(2) “Appeal” means a request by the
applicant for review of denial, suspension action made by the department.
(3) “Applicant” means a doula
applying to be credentialed or recredentialed by the department.
(4) “Approval” means acceptance
and authorizing a doula applicant as credentialed.
(5) “Authority” means the New
Mexico health care authority.
B. Definitions beginning with “B”:
“Bureau” means the family health bureau of the public health division of
the department of health.
C. Definitions beginning with “C”:
(1) “Client” means any person
domiciled, residing, or receiving care, service or treatment from a New Mexico credentialed
doula. This includes but is not limited
to patients, residents, or consumers.
(2) “Closure” means a written
administrative action by the department terminating an existing, previously
approved credential or case and closing the individual or entity from active
credential status.
(3) “Committee denial” means rejection
or disapproval of credential due to decision made by the credential committee.
(4) “Community elder” means experienced
member of a community who provides cultural, emotional, and traditional
guidance to the doula profession.
(5) “Community
organization”
means any organized group, whether formally incorporated or not, that works
collectively to address community needs, support local interests, or pursue
shared goals.
(6) “Continuing
education” or “CE”
means a planned learning activity that builds upon a credentialed doula’s
training program, education, and work experience and enables a credentialed doula
to acquire or improve skills, knowledge and practices that promote professional
development, and is approved by the department.
(7) “Conviction” means a plea or
adjudication of guilt, a plea of nolo contendere, or an Alford plea, and does
not include a conditional discharge or deferred adjudication that results in
dismissal of a charge.
(8) “Core competencies” means a
combination of qualities, practical skills and knowledge, defined by the department
as essential to the provision of services by credentialed doulas, demonstration
of which is required for credentialing.
(9) Credentialed doula” or “CD”
means a doula to whom the department has issued a credential to allow the doula
to enroll as a medicaid provider and provided a document issued by the
department to qualified applicants who have successfully completed the
application process.
D. Definitions beginning with “D”:
(1) “Department” means the
department of health.
(2) “Division” means the
department’s public health division.
(3) “Doula” means a trained,
nonmedical professional who provides services, including health education,
advocacy or physical, emotional or social support, to a client during the
pre-conception period, pregnancy, childbirth or the postpartum period
regardless of pregnancy outcome to promote positive health outcomes.
E. Definitions beginning with “E”: “Eligible person”
means a person who is eligible for medicaid, and who 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.
F Definitions
beginning with “F”: [RESERVED]
G. Definitions beginning with “G”: [RESERVED]
H. Definitions beginning with “H”: [RESERVED]
I. Definitions beginning with “I”: [RESERVED]
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”: [RESERVED]
M. Definitions beginning with “M”: [RESERVED]
N. Definitions beginning with “N”: [RESERVED]
O. Definitions beginning with “O”: [RESERVED]
P. Definitions beginning with “P”: “Procedural denial” means a written
determination issued by the department refusing to grant an initial application
request for credential after review of the submitted materials and a
determination that the applicant has failed to meet one or more statutory,
regulatory, or published eligibility requirements.
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions
beginning with “R”:
(1) “Reinstatement” means the process
whereby a credential, which has been terminated or ended as a result of failure
to comply with the necessary recredential requirements or disciplinary action,
will be restored by the department with the original credential number and date.
(2) “Recredential” means the process
of renewing a current credential as valid and complying with the necessary
requirements.
S. Definitions beginning with “S”:
(1) “Scope of practice” means the roles
and related tasks performed by CDs in the provision of services including the
knowledge, skills and attributes needed to perform work-related functions, as
defined by the department.
(2) “Secretary” means the
secretary of department of health.
T. Definitions beginning with “T”: [RESERVED]
U. Definitions beginning with “U”: [RESERVED]
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[7.30.16.7 NMAC - N,
10/06/2026]
7.30.16.8 GENERAL PROGRAM DESCRIPTION:
A. The
regulations establish policy, standards, and criteria relating to
administration of a voluntary program for credentialing doulas including the
requirements for education, training, experience and other qualifications that the
secretary deems appropriate in accordance with the provisions of the Doula
Credentialing and Access Act.
B. Department
credentialed doula status is accessible through online registry administered by
the department. The registry shall contain the name, credential number,
credential status, and geographic location of the CD. Registry information is subject to public
inspection.
C. Grounds for actions against a
credential: A credential may be denied, suspended,
or revoked or may be subject to any lesser action, including but not limited to
reprimand or probation, in accordance with this rule.
[7.30.16.8 NMAC - N,
10/06/2026]
7.30.16.9 DOULA CREDENTIAL
REQUIREMENTS: An applicant
seeking credential as a New Mexico department of health credentialed doula
shall submit a completed application in a form and manner prescribed by the
department and shall provide documentation demonstrating compliance with the
eligibility requirements established in this rule. In order to use the title "credentialed
doula," or the initials “CD” or other designation that indicates that an
individual is a credentialed doula, the individual shall be credentialed by the
department pursuant to the provisions of the Doula Credentialing and Access
Act.
A. Identity verification:
The applicant and or authorized representative of the applicant must be
18 years of age or older at the time of submission and must provide proof of identity
in the form of a valid driver’s license or state-issued identification card
issued by any of the fifty United States, the District of Columbia, or its
territories.
B. Cardiopulmonary
resuscitation credential (CPR):
The applicant shall provide documentation demonstrating current
certification in adult and infant CPR from a nationally recognized
certifying body, including but not limited to the American heart association or
the American red cross. A doula shall maintain
current CPR certification at all times in order to maintain credentialed doula
status with the department. If the CPR
certification provided with an initial doula credential application will expire
prior to submission of application for recredential pursuant to this rule, a
doula must obtain an updated CPR certification and provide documentation of the
updated certification to the department prior to expiration of the initial CPR
certification. The department may recognize
equivalent CPR credential programs that meet or exceed nationally recognized
training standards, as determined by the department through program policy or
guidance.
C. Health insurance portability and accountability act
(HIPAA) training: The applicant shall attest that they have
completed training on the requirements of the Health Insurance Portability and
Accountability Act of 1996 and related privacy protections and shall attest
that they will adhere to all HIPAA requirements. A certificate of
completion of HIPAA training shall accompany the application for any of the
delineated credentialing pathways. The
department may identify approved HIPAA training modules or equivalent training
programs that satisfy this requirement.
D. The practice for which the applicant seeks the doula
credential shall be located within the 50 U.S. states, the District of
Columbia, or its territories.
E. Credentialing pathways:
Applicants shall apply for credential under one of the following pathways
established by the department.
(1) Training
pathway: This pathway is for
applicants who have successfully completed a doula training program approved by
the department or determined by the department to be substantially equivalent
to an approved program based on curriculum content that is in scope, duration,
methodology, and demonstrated competency outcomes comparable to those of a
department-approved training program.
The approved training shall be listed at https://www.nmhealth.org/about/phd/fhb/mch/doula/,
and include:
(a) BeboMia;
(b) international
center for traditional childbirth (ICTC)/shafia monroe consulting;
(c) birthing project USA;
(d) our earth full
spectrum birth & postpartum attendant program;
(e) CAPPA doula
training;
(f) commonsense
childbirth institute;
(g) raeanne madison
indigenous full spectrum doula training and postpartum doula training;
(h) doulas of North
America (DONA) doula training;
(i) doula trainings
international;
(j) the black doula
Inc., dba birthing advocacy doula trainings;
(k) healthconnect one (or a healthconnect
one replication site);
(l) Tewa women united - Yiya Vi Kagingdi
full spectrum doula training;
(m) international childbirth education
association (ICEA); and
(n) Zaagi'idiwin full spectrum indigenous
doula training.
(2) Core competencies pathway: This pathway is for applicants who have completed
education or training programs that demonstrate competency in core doula
practice areas identified by the department.
The applicant shall submit:
(a) Doula training certificate of
completion. If the certificate of
completion does not detail the total number of hours completed and topics
covered or if the doula applicant does not have a certificate of completion, the
doula applicant is required to provide a copy of a syllabus from the completed course(s)
and complete the applicable attestation provided within the application
attesting that they have satisfactorily completed course(s) covering the
required topics below with the name of the organization providing the training
course, the total number of hours completed and the date the course was
completed. The training shall contain
the following five core competencies:
(i) cultural knowledge
and learnings in perinatal care.
(ii) foundations on anatomy
and physiology of pregnancy and childbirth and postpartum.
(iii) nonmedical comfort
measures, support, and labor support techniques.
(iv) lactation support.
(v) developing a
community resource list.
(b) An attestation that the applicant has
provided support to three clients in the capacity of a doula in either paid or
voluntary capacity, which shall include the three dates of doula service and a
description of the type of doula service provided.
(3) Experience
pathway: This pathway is for applicants who have at
least two years of experience providing doula services without formal doula
program training but who have acquired experience through community-based
learning or mentorship. The applicant
shall submit:
(a) An attestation
that they have provided support to three clients in the capacity of a doula in
either paid or voluntary capacity, which shall include an explanation of the
type of doula service provided.
(b) Three letters of recommendation
using department-provided templates at https://www.nmhealth.org/about/phd/fhb/mch/doula/ from among the following:
(i) a licensed
provider (physician, licensed behavioral health provider, nurse practitioner,
nurse midwife or licensed midwife);
(ii) a credentialed
doula;
(iii) a community
organization;
(iv) a former doula
client; and
(v) a community elder.
F. Approval of
training programs: The department may review and approve doula
training programs that meet the minimum curriculum requirements and competency
standards established by the department as identified in this rule.
(1) The curriculum
requirements for doula training programs shall include a minimum of 15 hours
from among the following topics:
(a) maternal and
infant health concepts and approaches, including:
(i) provision of perinatal support services from first trimester
to 12 months postpartum; and
(ii) provision of emotional and social support,
including navigating pregnancy loss;
(b) lactation anticipatory guidance and support;
(c) service
coordination and health system navigation, including:
(i) provision of in-home prenatal and postpartum care support;
(ii) assessment of psychosocial and health needs, including
perinatal mood and anxiety disorders (PMADs) screening;
(iii) goal setting and prioritization of psychosocial and health
needs;
(iv) antepartum (high-risk) maternal care support;
(v) labor support;
(vi) education and referrals for developmental screenings; and
(vii) resource navigation for wraparound services (i.e., intimate
partner violence, domestic violence, oral health, family planning).
(d) health
promotion and prevention, including:
(i) provision of perinatal health education;
(ii) provision of newborn parenting education;
(iii) provision of wellness and self-care coaching;
(e) advocacy,
outreach and engagement, including:
(i) serving as an advocate for respectful maternal care;
(ii) intentional reflection of the community served;
(iii) care coordination and social service navigation;
(iv) provision of reproductive rights education, informed choice
and decision-making, and birth planning; and
(v) child abuse and neglect mandatory reporting.
(f) communication
skills, including:
(i) respectful, client-centered maternal care;
(ii) active listening;
(iii) navigating patient families, medical support staff, and
other support systems; and
(iv) responding to challenges.
(g) cultural humility and responsiveness, including:
(i) intersectionality and cultural humility, including language
access;
(ii) health literacy;
(iii) trauma-informed care;
(h) ethical responsibilities and professionalism, including:
(i) code of ethics, standards of practice, and HIPAA;
(ii) required charting and documentation; and
(iii) serving as an accountability partner.
(2) Persons or
entities who wish to be approved by the department of health as a doula
training program shall submit a completed application form and application
packet to the department for review and approval. An approved training program shall submit a
new application form and packet to the department for review and re-approval
whenever substantive changes are made to the curriculum or program scope.
(a) All application packet
materials shall be submitted to the department in a three-ring binder or
electronic packet. Binders or electronic
packets shall be organized to include a table of contents, a labeled divider or
cover sheet for each application part, and such other content as required by
this rule and the training approval application form. Application packets shall be submitted in the
manner identified on the application form.
Applicants are advised to retain a complete copy of the application
materials for their records. Application
materials for doula training program approval shall include the following:
(i) overview of
training, to include, at a minimum, contact information, name of sponsoring
organization, physical and mailing address, organization telephone and fax
numbers, website address, organization type, and non-profit status;
(ii) training
information, to include, at a minimum, the training title, description, and focus;
target audience; plan for recruitment; eligibility, application, and
registration criteria for participants; anticipated cost and available support;
training location, format, instructional hours, and frequency; training
language; a sample attendance record; information concerning training,
approach, development, and delivery; involvement of doulas in training;
evaluation method(s); and organizational experience in providing trainings
previously, to include information concerning individual trainings and any core competencies addressed;
(iii) instructor and
trainer information, to include, at a minimum, names, job titles, telephone and
fax numbers, e-mail addresses; education and work experience; doula supervision
history; training experience; the doula core competencies in which the applicant
provides training; specialty knowledge and skills; and training delivery
methods; and
(iv) designee
signature.
(3) Determination of equivalency. The department may determine whether a training
program, curriculum, or educational experience is substantially equivalent to
an approved doula training program listed in this rule and at https://www.nmhealth.org/about/phd/fhb/mch/doula/.
(4) Evaluation criteria. In determining approval or equivalency of a
training program, the department may consider factors including but not limited
to:
(a) curriculum content
and instructional hours;
(b) demonstration of core doula competencies;
(c) instructor qualifications;
(d) evaluation or competency
verification methods; and
(e) alignment with nationally recognized
doula practice standards.
(5) The department may approve, deny,
suspend, or revoke approval of training programs that do not meet the standards
established by the department identified in this rule.
G. 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.
[7.30.16.9 NMAC - N,
10/06/2026]
7.30.16.10 Doula scope of practice: The following is the scope of practice for
New Mexico department of health credentialed doulas. A doula operating under this scope of
practice shall perform services in accordance with their authorized
non-clinical role and within the limitations established herein. A credentialed doula shall defer to the clinical
judgment and direction of a licensed medical professional in matters involving
medical necessity, client safety, and clinical care.
A Services
rendered:
(1) Credentialed
doulas shall provide non-clinical prenatal, labor, or postpartum support
including physical comfort measures, emotional support, and evidence-based
education, and shall assist clients with linkages to community-based resources.
(2) Credentialed doulas may provide support
related to pre-conception, pregnancy loss, infant loss, and termination of
pregnancy. Doulas may utilize supportive
modalities, including but not limited to childbirth education, comfort
techniques, relaxation strategies and similar non-clinical methods intended to
support the client’s health and wellbeing, provided such practices are
consistent with the doula’s training and experience, and the scope of practice
of the doula’s training and experience organization or mentorship program.
B. Limits to practice:
The scope of practice for credentialed doulas is limited to emotional,
physical, and informational support.
Credentialed doulas shall not represent themselves as providing medical
care. A credentialed doula shall not
perform clinical or medical tasks including but not limited to:
(1) taking blood pressure or
temperature;
(2) fetal
heart tone monitoring;
(3) vaginal examinations;
(4) clinical postpartum care; and
(5) medical
diagnosis or treatment.
C. Advocacy:
(1) The doula supports and encourages
the client to express their preferences, ask questions of their care provider,
and participate in informed decision-making regarding their care.
(2) The doula may assist the client in
communicating their birth plan and preferences and may support the client in
adapting to changes in care when necessary.
(3) The advocacy role of the doula does
not include speaking on behalf of the client without consent or making medical
or personal decisions for the client.
D. Referrals:
When client needs fall outside the scope of doula training or practice,
the doula shall refer the client to appropriate health care providers,
community resources, or support services.
E. Record keeping: Credentialed
doulas shall maintain clear and accurate records of services provided to each
client, in accordance with the following:
(1) Records shall be maintained for
at least ten years. A
credentialed doula shall retain all client records of minors for at least ten years,
or at least one year after the person reaches the age of majority, whichever
period of time is greater. All client
records are subject to inspection by the bureau and shall be maintained so that
they are reasonably accessible.
(2) Records shall be maintained
consistent with New Mexico Administrative Code 8.302.1.17 NMAC - “Record
keeping and documentation requirements”.
F. Confidentiality:
(1) A doula shall maintain the
confidentiality of client information obtained in the course of practice. Client information shall only be accessed,
used, or disclosed for purposes of providing services or fulfilling program
responsibilities, unless the client provides written or documented consent for
disclosure.
(2) Confidential information shall not be
shared through social media, text messaging, email, or other communication
methods unless appropriate consent and privacy safeguards are in place.
G. Mandated
reporting: Credentialed doulas shall
comply with all applicable mandated reporting requirements under New Mexico
Statutes Section 32A-4-3 NMSA 1978 - Duty to report child abuse and neglect.
[7.30.16.10 NMAC - N,
10/06/2026]
7.30.16.11 Doula standards of practice: All credentialed doulas shall adhere to
standards of professional conduct, client safety, ethical practice, body
sovereignty and self-determination, and community-based care while providing
doula services.
A. Professional conduct:
A
credentialed doula shall maintain professional conduct and accountability while
providing services. This includes but is
not limited to:
(1) practicing in an ethical manner
consistent with professional standards established by the doula’s training
organization, mentorship program, or other recognized professional body;
(2) accurately representing services,
policies, and practices to clients;
(3) providing a copy of the written
contract to the client;
(4) interacting with clients in a manner
that respects the integrity and dignity of both the client and the doula;
(5) encouraging participation,
communication, and feedback from the client; and
(6) maintaining respectful and
professional relationships with other health care providers and professionals.
B. Client safety: A
credentialed doula shall promote and protect client safety while providing
services. A doula shall:
(1) maintain truthful and accurate
records and shall not falsify client documentation;
(2) take
reasonable steps to promote a safe environment for clients, including awareness
of suspected abuse or neglect in accordance with applicable law;
(3) establish and maintain appropriate
professional boundaries with clients;
(4) refrain from conduct that may cause
physical, verbal, mental, or emotional harm to a client;
(5) refrain from being present at a birth
without a medical professional in attendance;
(6) refrain from exploiting clients for
financial or personal gain or misappropriating client property;
(7) refrain from sexual conduct,
sexually suggestive behavior, or sexually demeaning language toward a client;
(8) treat each client with courtesy,
respect, dignity, and recognition of individuality; and
(9) provide reasonable privacy for clients
during the provision of doula services.
C. Ethical practice: A
credentialed doula shall adhere to ethical standards in the provision of
services. A credentialed doula shall:
(1) conduct themselves in a respectful
and appropriate manner toward clients and families;
(2) support the client’s
decision-making without making decisions on behalf of the client; and
(3) refrain from providing medical
advice or performing medical or clinical procedures.
D. Body sovereignty and self-determination: A credentialed doula shall promote and
respect the client’s autonomy and right to self-determination. A credentialed doula shall:
(1) support the rights of individuals to
bodily autonomy and informed decision-making;
(2) respect the dignity, individuality,
and diversity of each client;
(3) demonstrate cultural humility and
cultural safety in the provision of services; and
(4) support shared decision-making
within the context of the client’s family, community, and health care setting.
E. Community-based care:
A credentialed doula shall support community-centered and culturally
responsive care. A credentialed doula
shall:
(1) recognize that health and care experiences
are influenced by social, cultural, legal, economic, historical, and community
factors;
(2) engage collaboratively with
clients, communities, and health professionals to support positive health
outcomes;
(3) encourage the involvement of
support persons as appropriate to the client’s wishes.
[7.30.16.11 NMAC - N,
10/06/2026]
7.30.16.12 APPLICATION PROCESS:
A. Credentialing requirements: A doula shall be
credentialed by the department prior to enrolling as a medicaid provider with
the authority. A doula credential is not
transferable, and the initial application credential will be approved for two
years.
B. Initial application:
(1) An applicant may submit applications
to the department office located in Santa Fe, through the department approved
website, by fax or mail.
(2) All applicants for initial credential
in New Mexico shall submit to the department a completed application in a form specified
by the department to include verification that applicant has met the
eligibility requirements in this rule.
C. Completed application:
The department considers an application complete when it includes all
required information on the prescribed form, and all required supporting
documentation necessary for the department to review, process, and make a
disposition on the application.
D. Application date:
The department considers the date the department receives a fully completed
application as the application date. The department shall use the application
date to establish timelines for any required administrative actions by the
applicant or the department.
E. Incomplete application:
An application submitted to the department that lacks required
information, documentation, or supporting materials necessary for the
department to review, process, or make a determination regarding the
application is considered incomplete. An
incomplete application shall not be processed until all required information
and documentation are received by the department. The department may notify the applicant of
the deficiency and request submission of the missing information within a
timeframe established by the department.
Failure to provide the requested information may result in denial or
administrative closure of the application.
F. Recredential
application: When a doula’s credential period expires,
their credential to participate as a doula provider with medicaid ends unless
they recredential. Timely applications
for recredential, defined as those received by the fifth day of the month of
credential expiration, will be approved or denied before the end of the month
of expiration date. An approved
application will be recredentialed for two years beginning the month after the
current recredential date.
(1) An applicant for
recredential shall submit to the department a completed application in a form specified
by the department to include verification that applicant has met the
eligibility requirements identified in this rule, and current certificates in
CPR and HIPAA training dated within three months of the date of recredential
application submission.
(2) Documentation
shall be submitted with the application verifying that the applicant has
completed the following CE requirements within two years of the date of
recredential application submission:
(a) 12 hours shall be completed in primary
CE topics below with a minimum of three hours in each topic:
(i) maternal mental
health;
(ii) prenatal and
postpartum care for individuals experiencing substance use disorders;
(iii) lactation support;
and
(iv) cultural humility in
reproductive health
(b) 12 hours shall be completed in secondary
CE topics; below are examples of secondary CE topics applicable to the doula
practice:
(i) perinatal care for
indigenous families;
(ii) perinatal
nutrition or gestational diabetes;
(iii) support for
special birth circumstances;
(iv) perinatal care for
families from various backgrounds;
(v) trauma informed
care;
(vi) grief and loss;
(vii) postpartum care
and recovery;
(viii) maternal morbidity
and mortality;
(ix) fertility and
preconception; and
(x) support for pregnancy
termination.
(3) Continuing education program approval:
(a) The department approves doula
continuing education programs and activities that meet specific criteria. Doulas who complete approved programs or
activities may then receive credits towards meeting the CE requirement for
credential renewal. Department-approved
programs or activities include but are not limited to CE programs or activities
that satisfy continuing education requirements for licensed lactation
professionals, midwives, and nurses in New Mexico. Doulas may also submit materials such as
agendas or syllabi from other CE programs or activities for CE credit. To be approved by the department for CE credit,
a proposed CE program or activity shall contain curricular, practical or
clinical content primarily related to one or more of the required topics
identified in this rule. The following
programs and activities are illustrative of the types of continuing education
programs and activities which may be approved by the department if they
otherwise satisfy the requirements identified in this rule:
(i) attendance at or
participation in meetings, conferences, workshops, seminars, or courses, including
those sponsored or presented by the department, with topics relevant to health
equity;
(ii) completion of
academic courses related to specific knowledge or skills required for
practicing as a birth worker at an accredited postsecondary, graduate, or
postgraduate education institution; and
(iii) internet-based
learning programs.
(b) A CE provider may seek department
approval of a CE program or activity by submitting a completed CE
application. Applications must be received
at least four weeks prior to the program start date; applications received
after that date will not be reviewed or approved.
(c) A CE provider’s application for
approval of a CE program or activity shall satisfy the following criteria:
(i) the CE provider has responsibility for
and control over all aspects of the CE program(s) sufficient to ensure that
educational objectives and standards are met;
(ii) the CE provider has in
place a system for selection and supervision of qualified instructors;
(iii) the CE provider has
in place a system for evaluation of each approved program by program
participants;
(iv) program presenters,
instructors, or trainers are credentialed doulas who have at least three years
of working experience, or if they are not credentialed doulas, have
demonstrated subject matter expertise and experience related to health equity,
doula work, birth, or perinatal care.
(v) any research referenced in the
training shall be based on current empirical research and known best practices;
(vi) the program or activity has in place a
system for documenting participants’ attendance or assessing participants’
knowledge or skills gained from the CE.
(d) Retention of approved program
materials by providers: It is the
responsibility of the continuing education provider to maintain CE program
information as well as attendance records for all participants, and to issue certificates
of completion of each approved program.
Such records should be retained for a minimum of three years from the
date of the program and be made available to participants upon request. CE providers are not required to submit
attendance sheets to the department.
(e) Evaluations: The CE provider shall collect program
evaluations from participants.
Evaluations are for the provider’s records only; however, if the program
is more than three CE credits, an evaluation review (no more than one page)
shall be submitted to the department within one month of the date that the
program is held.
(f) Internet-based
learning: For internet–based learning
programs, contact hours are determined on content, time to review the content,
and an appropriate number of test questions that reflect whether the learning
objectives have been met. Post-test on
all distance learning products with a passing score of not less than seventy percent
is required.
(g) Credit hour determination: One continuing education hour equals one
clock-hour of instruction. Breaks,
lunches, introductions, and social events do not count toward CEs.
(h) Department approval of a CE program is
valid for two years.
(4) The department
shall provide to a credentialed doula notice of expiration ninety days before
the first day of the last month of the credentialed period.
(5) A doula who fails
to submit the recredential application by the recredential expiration date
shall lose their credential and be required to submit a new application.
G. Reinstatement of
credential: A
lapsed credential occurs on the first day of the month following the expiration
date of the current credential.
(1) A credential may be reinstated if
the applicant completes all required documents for recredentialing before the
last day of the credential month.
(2) A credential may also be reinstated if
the department has requested additional documentation and the applicant
provides all required documents/information within the time frame set by the
department.
(3) Credential
will be reinstated with original credential number and recredential month.
(4) Applications
missing requirements are considered incomplete and will not be reinstated.
H. Change of address or other contact
information: A credentialed doula shall submit a change of
any contact information to the department office located in Santa Fe, through
the department approved website, by fax or mail within 30 days of the change;
failure to update information within this time frame may result in delay or
termination of credential.
[7.30.16.12 NMAC - N,
10/06/2026]
7.30.16.13 APPLICATION
PROCESSING TIME LIMITS:
A. New application:
The department shall complete review and make a determination on an
application within 30 calendar days of receipt of the completed application.
B. Recredential application: The department shall review and make a
determination on a timely submitted and complete recredential application
before the credential expires.
C. Reinstatement:
The department shall review and make a determination on a complete
recredential application received after the fifth day but prior to credential
expiration at the end of the following month. A credential may
be reinstated after the credential expiration date, if the credentialed doula provides
all required documentation within the timeframe outlined by the
department. Failure to provide a
complete recredential application will automatically terminate the credential,
and a notice will be sent to the applicant and to the authority.
[7.30.16.13 NMAC - N,
10/06/2026]
7.30.16.14 CRIMINAL HISTORY
SCREENING:
A. Criminal records; fingerprinting: The department shall require fingerprinting of
applicants for the purposes of this section and as determined by the department,
consistent with applicable statutory authority.
B. Procedure:
(1) Upon conditional approval of an
application for credential or recredential, the department shall require the
applicant to submit a request to DPS or a DPS vendor for a current state and
national criminal history screening.
(2) The department shall provide
applicants with the department’s originating agency identification (ORI) number
or other department identifier for the purposes of criminal history screening.
(3) Applicant shall provide to DPS or a
DPS vendor a background check request, fingerprints, and supporting
documentation including an authorization for release of information to the
department in accordance with DPS or the designated vendor’s procedures. The
results of the criminal history screening shall be received by the department
before a credential or recredential can be issued.
(4) DPS or the designated DPS vendor shall
review state records and also transmit the fingerprints to the FBI for a national
screening. The results of the screening
shall be made available to the department for review.
(5) The department shall make a
determination whether the applicant has been convicted of a felony that bears
upon the applicant’s fitness to provide services.
(6) Applicant shall bear any costs
associated with ordering or conducting criminal history screening. Fees are determined by and payable to DPS or
the designated DPS vendor. Fees cannot
be waived by the department.
(7) The department shall comply with
applicable confidentiality requirements regarding the maintenance,
dissemination, and destruction of criminal background check information.
(8) For applicants with no criminal
history, or with no history of felony convictions, the department shall issue a
credential or recredential in accordance with this rule if all other
requirements for credential or recredential have been satisfied.
C. Committee review of criminal
history screening results:
(1) The credential review committee
established pursuant to this rule shall conduct an individualized review of
applications with an associated history of felony convictions that could
reasonably bear upon the applicant’s fitness to provide services and shall
determine whether to pursue action against a credential by a majority
vote. Committee members shall meet any
applicable requirements regarding individuals who handle criminal history
information.
(2) The
committee may request that applicants provide additional information in writing
in order to make a final determination of credential, such as evidence of
acquittal, dismissal, conviction of a lesser included crime or rehabilitation.
(3) The provisions of the Criminal
Offender Employment Act, Section 28-2-1 through 28-2-6 NMSA 1978 shall govern
any consideration of criminal records required or permitted by the Doula
Credentialing and Access Act. The following
factors may also be considered in order to make a final determination on
credential:
(a) total number of felony convictions
and types of crimes;
(b) time elapsed since last conviction
or since discharge of sentence;
(c) circumstances of the crime
including but not limited to whether violence was involved;
(d) activities evidencing
rehabilitation, including but not limited to substance abuse or other
rehabilitation programs;
(e) false or misleading statements in the application; and
(f) relation of crimes to the scope
of practice.
(4) For the purposes of this section
and pursuant to the Criminal Offender Employment Act, Section 28-2-4 NMSA 1978:
(a) if an applicant has been convicted
of a felony, and the conviction does not directly relate to the scope of
practice, there is a presumption of sufficient rehabilitation if the applicant
has completed probation or parole supervision or a period of three years has lapsed
after final discharge or release from any term of imprisonment without
subsequent conviction; and
(b) if an applicant has been convicted
of a felony, and the conviction directly relates to the scope of practice, then
the burden is on the applicant to prove by a preponderance of the evidence that
he or she has been sufficiently rehabilitated.
(5) Applicants
shall be notified in writing of the decision to pursue action against a credential
based on the results of a criminal history review, including a statement of the
grounds or subject upon which the action is based.
(6) An applicant whose credential or
recredential is denied, suspended or revoked based on information obtained in a
criminal history background check, shall be entitled to review the information
obtained and to appeal the decision pursuant to the procedure in accordance
with this rule.
[7.30.16.14 NMAC - N,
06/18/2027]
7.30.16.15 DOULA CREDENTIALING ADVISORY COUNCIL:
A. Advisory council membership:
(1) the secretary of the department or
the secretary's designee, who shall serve as chair of the council;
(2) the secretary of the 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 appointed by the
secretary of the department from diverse linguistic and cultural backgrounds
and varied geographic regions, at least eight of whom shall be doulas;
(5) the department will work towards
assuring underrepresented, marginalized and underserved communities are
represented in the councils. However, if
such groups are not able to be represented due to lack of qualified application,
the department will make decision to best fit the purpose of the council;
(6) members from underserved communities
with experience advocating for or providing or receiving services relating to
promoting positive pregnancy-related health outcomes;
(7) members may receive reimbursement as
provided for in the per Diem and Mileage Act, Section 10-8-1 et seq.
NMSA 1978 and shall receive no other compensation, perquisite or
allowance. However, reimbursement is
dependent upon availability of funds;
(8) non-designated members of the council
shall serve a term of three years and shall not serve consecutive terms and
shall have at least one-calendar year break-in between terms in any capacity;
(9) the designated members appointed by
the secretary shall initially serve a three-year term. Each member shall hold
office until his or her successor is appointed.
B. Meetings: Appointed members
shall convene at least once per quarter at the call of the department and as
frequently as reasonably necessary to review and make recommendations regarding
the doula training, education, workforce development plan and information collection.
(1) Meetings shall be conducted in accordance
with the Open Meetings Act, Section 10-15-1 through 10-15-4 NMSA 1978. A simple
majority of the members of the council shall constitute a quorum for the
purpose of transacting official business.
(2) Members
are required to attend at least seventy-five percent of the council meetings.
(3) The department shall arrange and
record attendance and meeting notes.
(4) The department shall take the lead for
recommendation of council members removal for non-participation or any other
good cause.
C. Duties and responsibilities: The doula credentialing advisory
council's duties shall include making recommendations 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 recredential 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.
[7.30.16.15 NMAC - N,
10/06/2026]
7.30.16.16 NEW MEXICO
REGISTRY OF CREDENTIALED DOULAS:
The New Mexico registry of credentialed doulas shall be maintained at
the department. The registry shall
contain the name, credential number, credential status, and geographic location
of the CD. Registry information is subject to public inspection.
[7.30.16.16 NMAC - N,
10/06/2026]
7.30.16.17 CREDENTIAL REVIEW COMMITTEE:
A. A credential review committee is hereby established:
(1) The committee shall be composed of
five employees of the department’s public health division, including the
director of the center for healthy and safe communities, family health bureau
chief and the maternal health program manager.
(2) The committee shall conduct an
individualized review of the grounds for action against a credential and shall determine
whether to pursue action against a credential by a majority vote.
(3) A credential may be denied,
suspended or revoked, or may be subject to any lesser action, including but not
limited to reprimand or probation.
(4) If a credential is denied,
suspended or revoked due to disciplinary action, re-application will only be
considered after the denial, suspension or revocation period has been
completed, and the re-application shall be accompanied by a demonstration of rehabilitation
and a full disclosure and complete record of previous action.
(5) 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.
B. Grounds for action against a credential:
(1) Conviction of a felony that bears
upon the applicant’s fitness to provide services.
(2) Fraud, deceit, or misrepresentation
during the credential application process.
(3) Failure to possess and apply the
knowledge, skill or care that is ordinarily possessed and exercised by a
credentialed doula or as defined by the core competencies.
(4) Failure to meet the standard of care
as defined by the department.
(5) Failure to meet the scope of practice
as defined by the department.
(6) Unprofessional conduct, which includes
but is not limited to:
(a) verbally or physically abusing a client;
(b) unauthorized practice or practice which is beyond the
defined scope of practice for credentialed doulas, including unauthorized use
of the credentialed doula designation;
(c) unauthorized disclosure of medical or other confidential
information;
(d) obtaining or attempting to obtain any
fee for client services for oneself or for another through fraud,
misrepresentation or deceit;
(e) false or misleading statements in any
contract with a client; or
(f) physical or mental incapacity
which could result or has resulted in performance of a credentialed doula’s
duties in a manner which endangers or could endanger the health and safety of
others.
C. Committee review of grounds for action:
(1) The committee shall conduct an
individualized review of the grounds for action against a credentialed doula or
applicant and shall determine whether to pursue action against a credential by
a majority vote.
(2) The committee may request that applicants
provide additional information in writing in order to make a final
determination of credential.
(3) Applicants shall be notified in
writing of the decision to pursue action against a credential based on the
results of the committee’s review, including a statement of the grounds or
subject upon which the proposed action is based.
(4) An applicant whose credential or
recredential is denied, suspended or revoked shall be entitled to review the information
obtained and to appeal the decision pursuant to the procedure in accordance
with this rule.
D. An
applicant who is subjected to an action against a credential other than denial,
suspension, or revocation may, upon good cause, submit a verbal or written
request to the credential review committee for a secondary review. Requests for review must be submitted within
10 working days of the original decision to take action against a
credential. All decisions by the
committee after a secondary review are considered final and are not subject to
appeal within the department.
[7.30.16.17 NMAC - N,
10/06/2026]
7.30.16.18 HEARINGS:
A. Right to appeal: A
credentialed doula or applicant for credential may appeal a decision by the
department to deny, suspend, revoke, or take other adverse action against a
credential, by requesting a hearing by mailing a certified return receipt
letter to the address provided in the notice of action within 20 days after service
of notice. A doula training program
provider or CE provider may appeal a decision by the department to deny the
program’s application for approval of the training program or CE program, or to
suspend or revoke a prior approval of such an application, by requesting a
hearing by mailing a certified return receipt letter to the address provided in
the notice of action within 20 days after service of notice.
B. Notice: The
department shall serve upon the affected person or entity written notice describing
the contemplated action against a credential, training program, or CE program
and a statement of the grounds or subject upon which the action is based and
instructions for requesting a hearing.
C. Notice of hearing: Upon receipt of a timely request for a
hearing, the department shall appoint a hearing officer and schedule a hearing
within 60 working days of receipt of the request. Hearings will be held in Santa Fe, New
Mexico.
(1) Either party may request a continuance
at least 10 days prior to the scheduled hearing, to be approved or denied by
the hearing officer.
(2) If
an affected person or entity fails to appear after requesting a hearing, the
hearing officer may proceed to consider the matter and render a report and
recommendation.
(3) If no request for a hearing is made in
the time and manner specified, the committee shall take the action against the
credential, training program, or CE program and such action shall be final.
D. Hearing officer duties: The hearing officer shall preside over the
hearing, administer oaths, take evidence and decide evidentiary objections and
rule on any motions or other matters that arise prior to the hearing. A motion for a virtual hearing may be made by
either party with appropriate advanced notice and good cause shown.
E. Admissible evidence:
The hearing officer may admit evidence and may give probative effect to
evidence that is of a kind commonly relied on by reasonably prudent persons in the
conduct of serious affairs. Rules of evidence shall not apply but may be
considered in determining the weight to be given to any item of evidence.
Action against a credential, training program or CE program must not be based
solely on hearsay evidence.
F. Discovery: Any
party is entitled to obtain the names and addresses of witnesses who will or
may be called by the other party to testify and to inspect and copy any
documents or items which the other party will or may introduce in evidence at the
hearing. Additional discovery may be
ordered at the hearing officer’s discretion.
G. Burden of proof:
When the action against a credential is not based on a review of the
applicant’s criminal history report, the department has the burden of proving
by a preponderance of the evidence the basis for the action.
H. Conduct of hearing: Hearings shall be open to the public but may
be closed at either party’s request, at the discretion of the hearing
officer. The hearing officer shall state
on the record the reasons for holding a closed hearing.
I. Legal representation:
An individual or entity entitled to a hearing under this rule shall have
the right to be represented by an attorney licensed to practice in New Mexico
or by a member of his or her profession or occupation, or both.
J. Hearing officer written report and recommendation(s): The hearing officer shall issue a report and
recommend findings to the secretary or their designee within 30 working days of
the final submission in the case.
K. Decision of the department: The secretary or their designee shall render
a final determination in writing, including the basis for the decision, within
30 calendar days of the submission of the hearing officer’s written report. A copy of the final decision shall be mailed
to the applicant by credentialed mail, return receipt requested to the most
current address provided by the applicant. It is the responsibility of the
applicant to provide current contact information to the program.
L. Reinstatement of a suspended or
revoked credential:
(1) Requests
for reinstatement for a revoked credential shall not be considered by the
department prior to the expiration of three years from the date of the
revocation indicated in the department’s final decision. Requests for
reinstatement of a suspended credential shall not be considered by the
department prior to the expiration of one year from the date of the suspension indicated
in the department’s final decision.
(2) Individuals
who request reinstatement of their credential shall provide the department with
substantial evidence to support their request in the form of notarized written
reports or sworn statements from individuals who have personal knowledge of the
individual’s activities and progress during the time that the credential is
suspended or revoked.
(3) Reinstatement
of a suspended or revoked credential requires proof of meeting the recredential
requirements as set forth in this rule.
(4) If
reinstatement of a suspended or revoked credential is denied, individuals have
a right to appeal in accordance with the hearing procedures set forth in this
rule.
[7.30.16.18 NMAC - N,
10/06/2026]
7.30.16.19 DATA COLLECTION
AND REPORTS:
A. The
authority shall provide data to the department consistent with the Doula
Credentialing and Access Act, Section 24-36-6 NMSA 1978, collaboration
information sharing and reporting.
B. The department shall receive and compile
the report and submit it annually to the governor and the legislature. All demographic information will be reported
in a disaggregated, non-personal identifying manner.
[7.30.16.19 NMAC - N,
10/06/2026]
7.30.16.20 INSPECTION OF RECORDS: The following records are not subject to public
inspection, and
shall be maintained in a
confidential manner:
A. Health information protected by state and
federal laws.
B. Materials associated with reviews conducted by the
credential review committee, including but
not limited to criminal
history information.
C. Protected personal identifier information, as
that term is used in the Inspection of Public Records
Act at Section 14-2-1.1 NMSA
1978, that are contained in an application, including all but the last four
digits of a
date of birth and social
security numbers.
[7.30.16.20 NMAC- N,
10/06/2026]
History of 7.30.16 NMAC - [RESERVED]