Tuesday, August 24, 2010
Cuccinelli's abortion opinion prompts review
The attorney general says the state has the authority to toughen rules governing abortion facilities.
RICHMOND -- For years, the Virginia Senate has blocked legislation that would impose the same regulations on abortion clinics as those applied to outpatient surgical centers.
But the debate now could shift from the General Assembly to Gov. Bob McDonnell's administration, with a boost from an opinion issued last week by Attorney General Ken Cuccinelli. The governor and the attorney general, both Republicans, have been advocates for abortion restrictions and greater regulation of facilities in which abortions are performed.
Cuccinelli concluded that two state regulatory boards already have the authority to issue regulations governing abortion facilities and providers of first-trimester abortions. That means McDonnell's administration could move to establish regulations that routinely have been rejected by the state Senate, where a coalition led by Democrats has blocked such proposals.
Cuccinelli's opinion notes that health centers specializing in reproductive services are characterized as physicians' offices that are exempt from state hospital licensure requirements. Forcing those facilities to meet hospital standards would bring more demanding requirements for space, equipment and staffing that abortion rights supporters argue would limit access to legal, first-trimester abortions.
Cuccinelli issued the opinion Friday in response to requests from state Sen. Ralph Smith, R-Botetourt County, and Del. Bob Marshall, R-Prince William County.
Cuccinelli wrote that the state "has the authority to continue to promulgate regulations affecting the performance of first trimester abortions."
Smith said Cuccinelli's opinion supports his view that first-trimester abortions "be regulated to the extent of outpatient surgery."
Abortion rights advocates have opposed such regulations, citing the cost of expanding facilities and upgrading equipment to meet hospital standards. While supporters of the tougher regulations insist that the standards are needed to protect patients' health, abortion rights advocates argue that the proposals are designed to restrict access to a legal medical procedure. Abortion clinics are now regulated much like physicians' offices and facilities providing services such as dental and plastic surgery.
McDonnell spokesman Tucker Martin said the administration will review Cuccinelli's opinion before making any decisions, but made the governor's stance clear.
"The governor is a long-standing supporter of ensuring that abortion clinics, and their medical personnel, are treated equally with other outpatient surgical hospitals by the commonwealth to ensure services are provided in a safe manner," Martin said.
New regulations could be adopted by the state Board of Health after a review process that would last at least 18 to 24 months and include public hearings.
"It's very clear that there are multiple avenues to accomplish the same goal and we'll pursue all of those avenues," said Victoria Cobb, president of The Family Foundation of Virginia, which has fought for tougher regulation of abortion clinics.
Jessica Honke, director of public policy for Planned Parenthood Advocates of Virginia, said the organization "will have objections if government bureaucrats use this opinion to impose a political agenda to single out a medical procedure in order to restrict access."
Honke said new regulations may not affect most of Planned Parenthood's eight Virginia health clinics. A Planned Parenthood facility in Roanoke that opened in 2000 was built to the design specifications of ambulatory surgery centers with the expectation that state lawmakers ultimately would require such standards.
In his opinion, Cuccinelli said any new regulations must comply with the Constitution. But he also noted that the 4th U.S. Circuit Court of Appeals upheld a South Carolina law that established certain licensing requirements, staffing rules, equipment standards and design and construction specifications for abortion clinics.




