How to Start a Certified Breastfeeding Counselor (CBC) and/or Post-Partum Doula Business in New York State

If you're passionate about supporting new mothers and families before and during the post-partum period, starting a certified breastfeeding counselor (CBC) or post-partum doula business in New York State can be a fulfilling and rewarding venture. As you embark on this journey, it's important to first obtain the necessary certifications and trainings that allow you to confidently provide these services.

Also, you should understand the steps involved in setting up a limited liability company (LLC), the importance of drafting a comprehensive services agreement, and the additional forms required to protect your business and clients. In this blog post, we will provide a general walkthrough of the process of establishing your CBC and/or post-partum doula business in New York State.

SECURING CERTIFICATIONS AND COMPLETING NECESSARY TRAININGS

To offer breastfeeding counseling or post-partum doula services, it's crucial to obtain the necessary certifications and trainings. Be sure to research reputable organizations that offer CBC or post-partum doula certification programs and enroll in courses that provide comprehensive training in lactation support and/or post-partum care. Some well-known organizations include the International Breastfeeding Institute and the Academy of Lactation Policy and Practice (ALPP) for CBC certifications/trainings and DONA International for post-partum doula certifications/trainings.

SETTING UP A LIMITED LIABILITY COMPANY (LLC)

Although you can set up a corporation as well, an LLC is significantly easier to operate and can offer some of the same protections as corporations without the added layer of the required corporate formalities that come with operating corporations. Establishing an LLC can provide legal protection for your business and personal assets. In general, below are some basic steps to setting up an LLC in New York State:

Choose a unique name for your LLC that complies with New York State naming requirements and be sure that it’s not currently being used by another company;
File Articles of Organization with the New York Department of State and pay the required filing fees;
Complete the NY LLC Publication Requirement;
Draft an operating agreement that outlines the management structure, ownership rights, and responsibilities of your LLC;
Obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS); and
*On Hold Due to Pending Litigation - Report the Beneficial Ownership information about your LLC to the Financial Crimes Enforcement Network - https://www.fincen.gov/boi

Once your LLC is established, you can begin opening bank accounts and credit cards in the name of the business and be on your way towards offering your services to the public.

HAVING A COMPREHENSIVE SERVICES AGREEMENT:

A well-drafted services agreement is essential to outline the terms and conditions of your services, clarify client responsibilities, and establish mutual expectations. Consider including the following elements in your services agreement:

Description of Services: Clearly define the services you offer, including breastfeeding counseling, post-partum doula support, lactation education, or any other specialized services you provide.
Client Responsibilities: Outline the responsibilities and obligations of your clients, such as attending scheduled appointments, providing accurate personal information, and actively participating in the breastfeeding or post-partum support process.
Limitations of Services: Specify the scope and limitations of your services to ensure that clients understand what you can and cannot provide.
Fee Structure: Clearly state your fees, payment terms, and any cancellation or rescheduling policies.
Confidentiality and Privacy: Address the confidentiality and privacy of client information.
Liability Limitations: Include clauses to limit your liability for unforeseen circumstances or events beyond your control.

While these are certainly not every single clause that should be in your services agreement, they do address some of the most important components of the relationship between the CBC/Doula and their clients.

ADDITIONAL FORMS TO CONSIDER FOR YOUR BUSINESS:

To further protect your CBC or post-partum doula business and ensure compliance with legal requirements, consider utilizing the following additional forms (where applicable):

Photo Release Forms: Obtain written consent from clients before using their photos or images for promotional, marketing or educational purposes.
HIPAA Privacy Practices and Release Forms: Comply with HIPAA regulations by obtaining client consent to disclose or use their protected health information for treatment, payment, or healthcare operations.
Group Counseling Confidentiality-Release Forms: If you offer group counseling sessions, obtain consent from participants to maintain confidentiality and respect their privacy within the group setting.

Starting a CBC and/or post-partum doula business in New York State requires careful planning, obtaining the necessary certifications, and setting up a legal entity like an LLC. In addition, by drafting a comprehensive services agreement and utilizing additional forms, you can establish clear client responsibilities and protect your business for years to come.

If you are interested in starting a CBC/Post-Partum Doula business, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to set up the business of your dreams. Our experienced business attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.