in Pennsylvania's First Congressional District
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and the Central Garden State

Monday, January 11, 2021

FW: Updated: Take Action: NJ Board of Medical Examiners Proposed Rule Change on Abortion




-------- Original message --------
From: Marie Tasy <mtasy@njrtl.org>
Date: 1/5/21 3:55 PM (GMT-05:00)
To: 
Subject: Updated: Take Action: NJ Board of Medical Examiners Proposed Rule Change on Abortion

To receive text alerts, text NJRTL to 50457.Call to ActionPlease note:  It has come to our attention that the NJ Board of Medical Examiners' website does not make the process for commenting easy so we
To receive text alerts, text NJRTL to 50457.
Call to Action
Please note:  It has come to our attention that the NJ Board of Medical Examiners' website does not make the process for commenting easy so we have updated this alert with specific information to make the process less difficult for you to comment.  Thank you for taking action on this important matter!

Dear _____<,

The NJ Board of Medical Examiners Published Proposed Rule Changes on Abortion today.  Interested persons can submit comments, information or arguments concerning the proposed changes.  We need to flood the NJ Board of Medical Examiners with our comments opposing these changes on or before March 5, 2021. 
Please share this information with health care professionals, post-abortive women and anyone you think will be concerned about these proposed changes.

Here is a link to the Proposed Changes  Read

Comments
In order to ensure your comments are received, please send your comments
concerning any rule proposals via email to DCAProposal@dca.lps.state.nj.us.  
 
Please include the following in your email:
 
Email Subject Line:  Surgery, Special Procedures, and Anesthesia Services Performed in an Office Setting
 Email Body:  Provide Comments to the Rule Proposal, 
Include: Your  Name,  Affiliation and Contact Information (email address and phone number).

The NJ Board of Medical Examiners voted unanimously to change these rules in September.  Not surprisingly, most of these changes seem to be in line with language in S3030/A4848, the NJ Freedom to Kill Act.  The studies they name in their Rule Proposal to justify the changes are clearly biased studies funded by wealthy abortion supporters. Contrary to their claims, these changes in no way make abortion safer for women.  Please see my comments in the nj.com article which are highlighted at the bottom of the article pasted below.  

According to their Release, the changes and repeal include the following: 
  • repealing the Termination of Pregnancy rule, N.J.A.C. 13:35-4.2, that singles out abortion care for targeted regulation by, among other things, requiring that all terminations of pregnancy be performed only by a physician, and barring office-based terminations beyond 14 weeks gestation;
     
  • clearing the path for Advanced Practice Nurses, Physician Assistants, and Certified Nurse Midwives and Certified Midwives to perform early aspiration terminations of pregnancy (in addition to medication-based termination of pregnancy, which is already permitted) and clarifying that these providers are authorized to provide miscarriage treatment; and
     
  • updating the regulations to integrate reproductive care within the generally applicable rules designed to ensure the safety of patients who undergo surgery or special procedures in an office setting.
Below is an article from nj.com about the proposed changes.
 

Access to abortion in N.J. would widen under proposed rules endorsed by Murphy


By Susan K. Livio | NJ Advance Media for NJ.com

Doctors would no longer be the only medical professionals permitted to terminate pregnancies in New Jersey under rules proposed Monday that are intended to repeal medically unnecessary and "outdated" regulations that have limited women's access to abortions.

Gov. Phil Murphy and Attorney General Gurbir Grewal announced the state Board of Medical Examiners, which licenses physicians and regulates the practice of medicine, voted to repeal rules that have limited who performs abortions and where they are done.

Under current rules, only doctors can perform abortions. And if they occur after 14 weeks, they must be performed in a hospital, or an ambulatory surgery center "that has in place a credentialing process to evaluate the physician's training and experience," according to the text of the regulations.

If the new rules are approved, the state would allow advance practice nurses, physician assistants, certified nurse midwives and certified midwives to perform surgical or suction abortions. These procedures, also known as an aspiration abortion, are the most commonly used technique to end a pregnancy in the first trimester.

The new rules also would define "early aspiration abortion" as a "minor procedure," that does not involve the use of anesthesia services, and can be done in a medical office.

A committee of the state medical board began examining the issue in 2018, according to a summary of the proposed new rules. Among its research, it found the National Academies of Sciences, Engineering and Medicine's Committee on Reproductive Health Services that year had studied the medical literature and concluded most abortions are performed within the first 13 weeks and complications were very rare.

Repealing these old rules would lift "barriers to abortion care that are unrelated to safety" and "ensure abortions are regulated like other office-based surgical and special procedures," according to the draft proposal.

"The Board of Medical Examiners' evaluation of the medical evidence will modernize New Jersey's outdated regulations and barriers to reproductive health care in New Jersey," Murphy said in a statement. "I thank the Board of Medical Examiners for their thoughtful and deliberative examination of the rules and work to repeal antiquated regulations and expand access to reproductive care for all New Jerseyans."

Murphy and members of the state Legislature have signaled their intent to protect abortion rights in New Jersey since President Trump nominated and the U.S. Senate approved Amy Coney Barrett, a conservative-leaning jurist to the U.S. Supreme Court in October.

With a conservative majority now on the court and a number of abortion rights cases pending, it's possible the nation's highest court could overturn Roe v. Wade, the 1973 court decision giving a woman's right to abortion. If so, abortion rights would become an issue decided by each state.

Weeks after Supreme Court Justice Ruth Bader Ginsberg died and before Barrett was confirmed, Murphy and state lawmakers announced they would pass the Reproductive Freedom Act, a bill that would enshrine the right to abortion and other reproductive health care for women in New Jersey. Kaitlin Wojtowicz from the
Planned Parenthood Action Fund of New Jersey praised the Board's actions.

"In New Jersey, everyone should be able to receive the care they need and plan their families without barriers, fear, or interference from others. Today's publication of a proposed new rule by the New Jersey State Board of Medical Examiners will continue to move our state in this direction," Wojtowicz said.

Wojtowicz said with the passage of the new rules and the bill, "these parallel processes will help ensure that access to reproductive health care in New Jersey does not depend on your income, your zip code, your immigration, or your insurance status."

The rule-making process requires the state to advertise a 60-day comment period, during which opponents and supporters could submit written statements.

Marie Tasy, executive director for New Jersey Right to Life, said she would be submitting a comment to challenge the board's "false assertions, which are based on biased studies."

"The NJ Board of Medical Examiners has clearly forfeited their credibility as an independent agency whose paramount responsibility is to protect the public's health, safety and welfare," Tasy said. "The rules certainly don't protect women, but instead protect those who shamefully seek to make a profit from the bodies of women and the death of innocent children."

 

 



For Life, 
Marie Tasy, Executive Director
 
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