Doula Legal Challenges (June Newsletter)

Rites and Rights Revisited: Legal Challenges for End-of-Life Doulas

This virtual townhall, co-sponsored by NEDA and INELDA, featuring two lawyers who have been active in defense of EOLDs in California and Indiana, was tremendously informative. The legal team shared these tips as general lessons for doulas:

• Review your state’s funeral-licensing laws.
• Consider including disclaimers on documents or web pages regarding licensing status.
• Bear in mind that most regulatory regimes are complaint-driven.
• Speech receives more constitutional protection than conduct.
• Engaging in non-technical activities and avoiding holding money “pre-need” may be more amenable to constitutional defenses.

A recording of the townhall is available at the link above, along with relevant resources.

Medical Aid in Dying, End-of-Life Doulas, and the Doula Scope of Practice

As more states get on board with legalizing Medical Aid in Dying (MAiD), involvement of end-of-life doulas “specializing” in the practice is growing. A controversial training for EOLDs to become “knowledgeable MAiD clinicians” managing the process is now available. Read Patty’s blog on concerns related to the doula’s involvement with MAiD in relation to scope of practice, along with clarifying changes to the doula scope of practice. This is not a discussion about the legality of the doula’s role. Rather, it is about the essence of what it means to be a doula.

If I were a certified birth or postpartum doula in Ohio . . .

When the new legislation regulating doulas goes into effect on October 1, 2024, I would place a notice on my website along these lines:

“I have been a certified birth/postpartum doula through ______ since ______. Under legislation recently enacted, Ohio is the only state in the nation to require the certification of professional doulas to be overseen by medical professionals—in this case, the Ohio Board of Nursing (OBN). The new law forbids anyone not certified by the OBN from claiming to be a ‘certified doula.’ I am choosing to not certify with the OBN and to let my clients decide whether the OBN stamp of approval holds value for them.”

In other words, just say “No.” Do not participate in their system. Educate your clients. Continue to let your voices be heard. Ask yourself, “Who benefits from this regulation?” What’s the end game here? It only makes sense if they are trying to control you. What kind of controls, you ask? Hospitals restricting access to non-certified doulas? Vaccine mandates? Who knows? Whatever they want to dream up. Fight back Ohio!

This is a terrible precedent, threatening the integrity of the doula profession (by removing our independence from medical authority), the efficacy of our role (as consumer advocates who promote informed choice), and our freedom to earn a living. Nurses are medical clinicians. Nurses are not doulas! 

Birth & Postpartum Doula News & Resources

New study links Pfizer’s RSV vaccine for pregnant women with pre-term birth. While this study has not yet been peer-reviewed, the safety signals warrant a heads up. Informed consent always involves balancing risks and benefits of a recommended test or treatment against available alternatives.

They get paid (a lot!) to vaccine your children. On the subject of vaccines (yes, I’m going there), have you ever wondered why so many pediatric practices will not accept your child as a patient if you are not in willing compliance with all vaccine recommendations?

See the latest recommendations from the American Academy of Pediatricians on hyperbilirubinemia.

End-of-Life Doula News, Events & Resources

Support for Dying via Social Hospice: A Snapshot from Abode Home in Texas. The social hospice mission is to enhance quality of life to the end of life, with compassionate care, in a sacred manner, regardless of ability to pay.

3rd Annual End-of-Life Doula International Research Symposium: Bridging Research and Practice, July 1 & 2, in Glasgow, Scotland (online and in-person). Cutting edge research, public discussions, and a practitioner workshop included in this FREE event. Pre-registration required.

Palliative Sedation is Not a Form of Assisted Suicide. The goal of palliative sedation to relieve refractory suffering and, as such, should be seen as an integral part of palliative care. A systematic review of studies show it has no life-shortening effect and is not a form of “slow euthanasia.” As such, it cannot be considered an “assisted suicide” practice intended to induce the death of the patient.

Setting Your Fees as an EOLD (webinar repeat)

June 5 (Wednesday, 8-9pm EDT)
With Patty Brennan
Based on the number of questions I field on this topic, EOLDs launching new businesses are struggling with how to set their fees. We will facilitate a discussion on how to value our doula work following a brief presentation by Patty Brennan. Fee setting considerations include your cost of doing business, your need for income, your geographic location and population served, whether to charge by the hour or set a package rate for services, how to do market research, and more. Watch a recording of this webinar or join us for the live event at the link below.

Join Zoom Meeting
https://us02web.zoom.us/j/84917086123?pwd=SzVGQUlRUXdiZDhQOUkvdFVXdXA4Zz09
Meeting ID: 849 1708 6123
Passcode: 113802