Virginia AG Ken Cuccinelli Won’t Certify Weakened Abortion Center Regulations

Virginia Attorney General Ken Cuccinelli III on Monday said his office can’t certify new regulations for abortion centers that exempt existing facilities.

Earlier this year, the Legislature adopted new regulations considered to be among the strictest in the nation for abortion sellers, making the standards for them the same as those for outpatient surgery clinics — including specifics for the size of exam rooms, the width of hallways, and best practices for keeping records.

But last month, the state Board of Health said existing facilities would be grandfathered in: Though they must adhere to the regulations concerning records, they don’t have to renovate their buildings in an effort to comply.

“The Board does not have the statutory authority to adopt these Regulations,” senior assistant Attorney General Allyson K. Tysinger wrote in a terse letter to state health officials. “The Board has exceeded its authority. Thus, this Office cannot certify these Regulations.”

That doesn’t mean the issue is over, though: Gov. Bob McDonnell still must weigh in on the new regulations, and he is not bound by the attorney general’s opinion. He could choose to certify them, or send them back to the Board of Health with recommended changes.

Family Foundation of Virginia President Victoria Cobb said the AG’s statement shouldn’t surprise anyone who’s been following the issue since it first started making headlines last fall.

“His office clearly informed members of the Board of Health when they were voting on these critical health standards that their decision to remove aspects of the standards was not legal,” she said. “Unfortunately, some members of the Board appear to have made a decision based on their personal politics rather than women’s health and the law.”

Abortion activists fought the regulations from the outset, saying that if they had to widen their hallways to accommodate gurneys or make other mandatory renovations, it could bankrupt them.

Cobb said the regulations were not politically motivated when the Legislature drafted them.

“Requiring that Virginia’s abortion centers have adequate facilities for emergency personnel to enter with emergency equipment necessary to transport patients to hospitals is simply a matter of caring about the health of women,” she said. “It is sad that the abortion industry is more concerned about their profits than they are about the health of women in Virginia.”

Comments on this issue from the Virginia Family Foundation:

Information Alert: More Abortion Hysterics

Late Monday, Attorney General Ken Cuccinelli’s office announced that it would not certify the abortion center standards adopted by the Board of Health at its June meeting. The decision comes as no surprise as the AG’s representative at the Board meeting informed members that they exceeded their authority when they voted to make dramatic changes to the proposed regulations.

Immediately following the AG’s announcement the abortion industry went into more contrived hysterics. Since the regulations were initially proposed last year, the industry has made the AG a target of its wrath instead of making persuasive arguments about the regulations themselves. Now, they’ve created an anti-Cuccinelli website and plan to protest his public appearances. Again yesterday, industry apologists threatened yet more staged protests on Capitol Square.

The industry was also enraged by Governor Bob McDonnell’s appointment Friday of Dr. John Seeds to the Board of Health. Dr. Seeds is the former director of the OB/GYN department at the Medical College of Virginia (MCV) and is one of the most respected doctors in his field. Those credentials are not enough for the abortion industry, which is distraught over the fact that Dr. Seeds was a co-chair of OBGYNS for Life, a pro-life organization of medical doctors committed to recognizing the dignity of the unborn.

In 2011 the General Assembly passed legislation that requires the Board of Health to promulgate standards for Virginia’s abortion centers. Later that year, the Board adopted emergency regulations that are currently in effect. Most of the Commonwealth’s abortion centers have applied for licensing, something required by the standards, and several have already been inspected by the Department of Health officials. Permanent regulations are currently going through the long approval process, including review by the Attorney General, with final action coming from the Governor likely later this year.

Abortion apologists make the unsubstantiated claim that abortion is “safe” and does not require state standards. The fact is, however, that no federal or state law requires that records be kept by the government of complications or deaths due to abortion. There is simply no way to know how many women have been harmed by abortion. In just the past few months, we’ve uncovered more incidents involving Virginia abortion doctors putting women’s health at risk. One clinic operator ultimately surrendered their medical license, but they are still allowed to operate abortion centers.

The permanent standards proposed include licensing, inspections, emergency equipment, sanitary standards, adequate training for staff, and necessary reporting of complications and deaths.

Ironically, it is liberals in Virginia arguing that the abortion center standards “will cost too much,” while they usually argue that regulations are not costly and burdensome to other industries. We agree that the regulations could cost the abortion industry some of its $1 billion, but it is simply a matter of whether women’s health and safety are worth the investment to the industry.

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