Reproductive Care Changes Proposed By NJ Medical Examiners

NEW JERSEY –The State Board of Medical Examiners Thursday voted to propose amendments to its rules to expand access to reproductive health care and to repeal outdated rules that place medically unwarranted restrictions on abortion in New Jersey.

• repealing the Termination of Pregnancy rule 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
• 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.

The Board’s vote to propose the changes follows the recommendations of a Board subcommittee empaneled in December 2018 to examine New Jersey’s current regulations in light of both advances in the field of abortion care and recent case law.

The move received praise from the Vice President of Public Affairs, Planned Parenthood Action Fund of New Jersey Kaitlyn Wojtowicz.

“At Planned Parenthood, the health and wellbeing of patients is our top priority. We are committed to providing safe, affordable, and timely reproductive health care to all New Jerseyans when and where they need it," Wojtowicz said. "By removing these medically unnecessary regulations, our state will continue to be a leader when it comes to reproductive health care. The removal of these restrictions will help to increase access to abortion, and remove barriers that result in delays to care. These medically unnecessary regulations create obstacles for physicians and other qualified clinicians from providing care, and prove a significant barrier for patients that have made the decision to end a pregnancy."

Medically unnecessary rules that create barriers and place undue burdens on individuals seeking abortion care have been struck down by the United States Supreme Court.

The Board’s subcommittee reviewed rigorous, nationally-recognized medical and public health studies demonstrating that general rules governing health care procedures are sufficient to secure health and safety and that certain early abortion procedures can safely be performed by non-physician clinicians. Such studies also note that medically unnecessary over-regulation of abortion itself creates public heath harms through disruptions in access to essential care. Based on such evidence, other states have moved to similarly expand access to reproductive health services.

“We applaud the Board for moving to expand access to reproductive health care services, based on its careful consideration and assessment of the medical evidence," Attorney General Gurbir S. Grewal said. "The Board’s evidence-based modernization of its rules will bring New Jersey into line with states across the country that have already taken action to increase access to quality care."

The Division of Consumer Affairs’ staff supports 51 professional and occupational licensing boards that together license approximately 720,000 professionals working in the State. The Boards, whose members are appointed by the Governor, are responsible for promulgating and enforcing rules governing professional and occupational standards.

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