Statement in Response to Gov. Cuomo’s Counsel
Published on February 26th, 2013
Yesterday, Mylan Denerstein, counsel to Gov. Andrew Cuomo, issued yet another essay defending the governor’s abortion expansion bill and accusing the opposition of being “outrageous and disingenuous.” In fact, the Catholic Bishops and other opponents have been very clear and honest in expressing opposition. And, yet again, she makes statements defending the substance of a bill that they have declined to make public.
While much of the essay repeats her previous assertions, she does add one new line of argument, insisting that the governor’s plan to allow non-physicians to perform abortions would not change existing law. She states, “New York State law and regulations currently allow non-physician medical professionals (e.g. physician assistants) to perform the procedure in certain circumstances. Again, there is no change to that whatsoever.”
In fact, New York State law specifically says that only a “duly licensed physician” may perform an abortion. The bill known as the Reproductive Health Act (S.438) specifically repeals that language and replaces it with “licensed health care practitioner,” a category much broader than physician. Further, there are no regulations of which we are aware that would or could override that very clear language in the state’s Penal Law.
Is Ms. Denerstein being intentionally misleading or is she actually aware of physician assistants performing surgical induced abortions despite the clear prohibition in the Penal Law?
We invite her to clarify her remarks, and we respectfully ask her to reveal where these abortions by physician assistants are being performed in New York State and explain to health care consumers exactly how this could possibly be legal under existing state law.
It is becoming clear that the governor will eventually release a bill that contains changes to bills previously introduced. It is also clear, given the intentionally confusing language of Ms. Denerstein’s statements, that the ultimate bill will be intended to be as misleading as her statements have been. We will not be caught off guard and we do not believe the members of the Legislature, which has not accepted the previous versions of this bill, will be either.
The Catholic Conference represents New York State’s Bishops in matters of public policy.