Abraham Romi Cohn

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Polly Mosendz

By Polly Mosendz

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New York City's mayor is attempting to undo a rule meant to protect infants from herpes. Established under former Mayor Michael Bloomberg, the rule requires parents to sign a consent form if they want a rabbi to perform metzitzah b'peh, an oral suction during a circumcision. This ritual, which involves sucking blood from the baby's penis, is common among some sects of the ultra-Orthodox Jewish community. The ritual is performed an estimated 3,600 times a year in New York.

The law was put into effect in 2012 to protect children from contracting diseases from mohels, the Jewish leaders who perform the circumcisions. Between 2000 and 2011, 11 babies are known to have contracted herpes from the ritual. Of those, two died from complications linked to the disease. The Centers for Disease Control and Prevention called the ritual "not safe." The consent form states parents agree they are aware of the health risks, primarily herpes, associated with the procedure.

The consent form put a strain on relations between the city government and the ultra-Orthodox Jewish community in New York, from which the current mayor, Bill de Blasio, enjoys an enormous amount of political support. Arguing that the consent form rule is offensive and ineffective, de Blasio has promised to remove it since taking office. In 2014, there were more herpes infections than in years past linked to the procedure, even though the rule was in effect.

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"This approach hasn't been working in the past and we need a new approach to truly reduce the health risk for infants," a spokeswoman for de Blasio told The New York Times. In speaking with the New York Daily News, Health Commissioner Mary Bassett said: "The rule had become really a source of a great deal of anger and hostility. The intent was to protect babies but the fact is that it's really hard to convey educational information when you've polarized a community."

The decision to revoke the consent form rule would be made by the New York City Board of Health, which is scheduled to vote in September. A Times investigation found that de Blasio has worked to appoint allies to the board over the last several months. Three new board members contributed to de Blasio's mayoral campaign and a fourth was placed in a previous position by de Blasio.

If the consent form rule is revoked, the new plan would be to have a mohel tested for herpes after a baby becomes infected. If the mohel had herpes, he could face a penalty in the event that DNA evidence links the baby's infection to the mohel--though this would not be a Board of Health regulation, but just a suggestion. Informational brochures would be distributed at hospitals and doctors offices to warn parents of the potential health risks to their babies in advance of the procedure.

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