"A distinction without a difference," was an excellent way of putting it. In some states that is exactly what it is, NY being one of them. It's why I argue that it has to be more than one Dr (really more than two - three would be satisfactory imo) that are independent of each other and can't work together routinely (Tiller got in trouble over violating an independent 2 Dr clause in Kansas), and the penalties have to be severe enough to bite for violating procedures.
In a world with Gosnells I think that is reasonable.