Legal counsel: registry ties into TennCare reimbursement; doulas may still practice without registering

During committee debate on House Bill 295, members asked whether the amendment would bar doulas who are not on the state registry from practicing. A committee member asked plainly, "Is it factual that if this bill passes moving forward, that a doula that is not in the registry will be prohibited from doing business in the state of Tennessee?"

Legal counsel from Love and Crutchfield responded that the amendment directs the Department of Health to create a registry and that a doula would need to appear on that registry only to receive TennCare reimbursement. "So for purposes of the amendments, if a doula wanted to receive reimbursement through TennCare, they would need to be on the registry, but otherwise, they're not required to go on the registry to still continue to provide doula services," counsel said. Counsel added the amendment does not amend existing statutes governing doula practice; those statutes continue to control operational requirements.

Committee members followed up about the language's use of 'should' versus 'shall' and about whether other statutes might require registration for some activities. Legal counsel said the amendment's language ties registry listing to reimbursement eligibility and does not itself mandate new operational restrictions.

The clarification helped move the committee to a final vote on the amended bill; members noted concern about potential future changes but recorded that under the current amendment, registration is a condition for TennCare reimbursement only.