Have a reading disability?
The bill if passed repeals the requirement in current law that says only doctors can perform abortions. The ex-Governor’s bill would allow any “health care practitioner” to perform the procedure prior to viability: a dentist, nurse, podiatrist, social worker, physician assistant, chiropractor, midwife, even an optometrist. Current law states that only a “duly licensed physician” may perform the procedure. This is a dangerous and extreme change which clearly puts women’s health at risk, and mirrors a national abortion strategy to expand the scope of various health care practitioners to specifically include infanticide.
Got it now???
Nope, doesn’t do that.
The relevant text reads: Ҥ 1201. Authorized performance of abortions. The performance of an abortion by a qualified, licensed health care practitioner is authorized:
1. prior to fetal viability; and
2. at any time, if in the good faith medical judgment of the physician, such termination is necessary to protect the female’s life or health.”
Ignorant ranting activists have jumped to the conclusion the “qualified, licensed health care practitioner” means social workers, podiatrists, and a raft of other UNqualified health care practitioners. And notice that this section applies ONLY to abortions “prior to fetal viability”. The “at any time” clause refers specifically to “the physician”, because all abortions after fetal viability are necessarily surgical abortions, and thus can only legally be performed by a physician (or in some cases by a physician assistant under the supervision of a physician who has already evaluated the specific patient directly). The reason that the “prior to fetal viability” clause doesn’t specify “physician” is because many people try to call the “morning after pill” an abortifacient, and the bill is getting rid of any potential claim that a pharmacist, nurse, social worker, or anyone else who is already authorized to provide the “morning after pill” could be held in violation of laws governing abortion when they provide it. People who are already authorized to provide it would still be authorized to provide it under this bill. No new categories of people would become authorized to provide it.
When a bill is considered for passage, it is in the context of existing laws applying to the matter at hand. There is not a word here about repealing the reams of state law that restrict surgical procedures to people licensed to perform the category of procedures in question. Podiatrists are licensed to perform certain types of surgery, not involving general anesthesia, on feet and only feet. This bill is not repealing the well-established laws that protect the turf of MDs from incursions by dentists, podiatrists, and such. It is also not repealing the federal law which allows RU-486 (even though it is only usable pre-viability) to be provided only by licensed medical doctors (and there are further requirements on top of that).
If you don’t believe me, show the text of this bill to someone you know who is a licensed social worker, dentist, podiatrist, or nurse, and ask them if they really think they could legally perform a surgical abortion if this bill passed in their state. If any of them are actually loopy enough to say yes (which I doubt), tell them to check with their boss, who will set them straight in a jiffy.
The specific section you are missing is Section 1202, paragraph 3:
“Nothing in this article shall prohibit the enforcement of generally applicable statutes and regulations governing matters such as practitioner licensing, pharmaceuticals and medical devices, and medical procedures.”