Cuccinelli: State can regulate abortion clinics

[Derechos]

Virginia Attorney General Ken Cuccinelli II, who is anti-abortion, has issued a legal opinion allowing greater restrictions on abortion clinics, drawing swift criticism from providers who say it could cause some of the facilities to close.

The opinion, issued late Friday, provides legal guidance for the state Board of Health, and does not require action. But pro-choice advocates accuse Cuccinelli of trying to circumvent the General Assembly, which has considered but failed to pass further restrictions on abortion clinics for at least eight years.

"We've been waiting for the attorney general to take on abortion providers and it looks like this is his first pitch,'' said Tarina Keene, executive director of NARAL Pro-Choice Virginia. "These so called regulations are only an attempt to shut down abortion clinics in the Commonwealth of Virginia."

Cuccinelli issued the opinion in response to a request from state Sen. Ralph K. Smith (R-Roanoke), who asked if the state has the authority to regulate abortion clinics.

"This opinion clarifies any legal questions on the issue and sets the stage for regulating abortion clinics like other medical facilities,'' Smith said in a brief statement issued by his office.


Pro-life legislators -- including Cuccinelli who served in the state senate -- supported bills that would have treated abortion clinics as ambulatory surgery centers and required them to meet hospital-type regulations with regard to equipment and space.

Currently, abortion clinics are regulated the same way as offices where patients receive oral or plastic surgery.

Abortion providers fear that clinics won't be able to afford the costs of making the changes and will shut down or increase their prices. Keene said if the Board of Health imposes the restrictions, 17 of the 21 abortion providers in the state would most likely have to close their doors.

http://voices.washingtonpost.com/virginiapolitics/2010/08/cuccinelli_state_can_place_fur.html?hpid=topnews

[abluelady]

1. How Will this Affect Other Free Standing Clinics

There are so many surgical practices that have private, free-standing facilities, i.e., plastic surgeons; GI docs, etc. Will these free-standing facilities have to meet the same requirements?

[Derechos]

2. More on AG opinion and link to opinion

RICHMOND -- Virginia Attorney General Ken Cuccinelli II has concluded that the state can impose stricter oversight over clinics that perform abortions, a move immediately decried by abortion-rights organizations and others as an attempt to circumvent the General Assembly, which has repeatedly rejected similar measures.

Cuccinelli's legal opinion empowers the Board of Health, if it chooses, to require the clinics to meet hospital-type standards. Abortion-rights advocates say that could force some clinics to close because they would be unable to afford to meet the new requirements.

"It is my opinion that the Commonwealth has the authority to promulgate regulations for facilities in which first trimester abortions are performed as well as providers of first trimester abortions, so long as the regulations adhere to constitutional limitations," Cuccinelli (R) wrote in his opinion, released Monday.

Cuccinelli declined to be interviewed, but his spokesman said in a statement that the regulations must comply with Roe. v. Wade.

Abortion-rights advocates said they are not surprised by Cuccinelli's decision and predicted that if the Board of Health acts on his opinion, the regulations could prompt the shutdown of 17 of the state's 21 clinics performing abortions.

"We've been waiting for the attorney general to take on abortion providers, and it looks like this is his first pitch," said Tarina Keene, executive director of NARAL Pro-Choice Virginia. "These so-called regulations are only an attempt to shut down abortion clinics in the Commonwealth of Virginia."

It's unlikely that any changes would occur soon. The 15-member board is appointed by the governor. Eleven board members were named by former governor Timothy M. Kaine (D), and there are four vacancies.

In his seven months in office, Cuccinelli has sued the federal government over new health-care rules; waded into the national immigration debate, saying law enforcement can ask about immigration status; and launched an investigation into whether a former University of Virginia professor and climate scientist manipulated data to reach his conclusions about global warming.

"It is frightening to think of what Cuccinelli will do next," said Del. Adam P. Ebbin (D-Alexandria), House minority whip. "The public needs to understand how reckless he is. He is not working on what is important to Virginia consumers. Instead, he is focusing on his own extreme ideology."

http://www.washingtonpost.com/wp-dyn/content/article/2010/08/23/AR2010082305460.html

Opinion - http://www.oag.state.va.us/OPINIONS/2010opns/10-012%20(Smith)%20-%20Marshall%20version.pdf