MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Human Services; Appropriations C

By: Representative Scott

House Bill 78

AN ACT TO PROVIDE FOR THE CERTIFICATION OF BIRTH DOULAS BY THE STATE DEPARTMENT OF HEALTH; TO REQUIRE THE DEPARTMENT TO ESTABLISH THE COMPETENCY-BASED REQUIREMENTS THAT A BIRTH DOULA MUST MEET TO OBTAIN CERTIFICATION; TO REQUIRE THE DEPARTMENT TO ESTABLISH CERTIFICATION AND RENEWAL FEES, ADMINISTRATIVE PROCEDURES, DISCIPLINARY PROCEDURES, CONTINUING EDUCATION REQUIREMENTS, ADMINISTRATIVE REQUIREMENTS AND FORMS NECESSARY TO IMPLEMENT THIS ACT; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO BE KNOWN AS THE BIRTH DOULA CERTIFICATION FUND, AND PROVIDE THAT MONIES IN THE FUND SHALL BE EXPENDED BY THE DEPARTMENT FOR THE ADMINISTRATION OF THIS ACT; TO PROVIDE THAT THIS ACT DOES NOT PROHIBIT A PERSON FROM PRACTICING AS A BIRTH DOULA WITHOUT OBTAINING CERTIFICATION UNDER THIS ACT; TO PROHIBIT PERSONS FROM USING THE TITLE "STATE-CERTIFIED BIRTH DOULA" IN CONNECTION WITH THE PERSON'S NAME TO INDICATE OR IMPLY THAT THE PERSON IS A STATE-CERTIFIED BIRTH DOULA WITHOUT BEING CERTIFIED AS A BIRTH DOULA IN ACCORDANCE WITH THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following terms shall be defined as provided in this section unless the context clearly requires otherwise:

          (a)  "Department" means the State Department of Health.

          (b)  "Birth doula" means a person that is a nonmedical birth coach or support person trained to provide physical, emotional and informational support to birthing persons during pregnancy, antepartum, labor, birth and the postpartum period.  Birth doulas advocate for and support birthing people and families to self advocate by helping them to know their rights and make informed decisions.  Birth doulas do not provide medical care.

          (c)  "Postpartum period" means the twelve-month period beginning on the last day of the pregnancy.

     SECTION 2.  (1)  A birth doula may voluntarily apply for certification from the department under this section.

     (2)  The department shall issue a certification to any applicant who has met the following requirements:

          (a)  Submitted a completed application as required by the department;

          (b)  Satisfactorily completed competencies that meet the requirements established by the department;

          (c)  Has not engaged in unprofessional conduct as defined by the department;

          (d)  Is not currently subject to any disciplinary proceedings; and

          (e)  Paid a certification fee established by the department.

     SECTION 3.  (1)  The department shall:

          (a)  In collaboration with community partners who advance equitable access to improve perinatal outcomes and care through holistic services for minority communities, adopt rules establishing the competency-based requirements that a birth doula must meet to obtain certification.  The rules must establish processes that allow for applicants to meet the competency-based requirements through the following pathways:

              (i)  Successful completion of training and education programs approved by the department; and

              (ii)  Submission of proof of successful completion of culturally congruent ancestral practices, training and education that the department must review and determine whether the training and education meet the competency-based requirements;

          (b)  Establish certification and renewal fees, administrative procedures, disciplinary procedures, continuing education requirements, administrative requirements and forms necessary to implement this act;

          (c)  Maintain a record of all applicants and certifications under this act; and

          (d)  Hire clerical, administrative, and investigative staff as needed to implement and administer this act.

     (2)  There is created in the State Treasury a special fund to be known as the Birth Doula Certification Fund, which shall consist of all fees collected by the department under this act and any other public or private funds received by the department from any source for the purpose of carrying out the provisions of this act.  Monies in the fund may be expended by the department, upon appropriation by the Legislature, for the administration of this act.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and investment earnings on amounts in the fund shall be deposited to the credit of the fund.

     SECTION 4.  This act does not prohibit a person from practicing as a birth doula without obtaining certification under this act.  However, a person may not use the title "state-certified birth doula" in connection with the person's name to indicate or imply, directly or indirectly, that the person is a state-certified birth doula without being certified as a birth doula in accordance with this act.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2026.