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Cuccinelli: State Can Further Regulate Abortion Clinics

By: Jim Nolan
Published: August 23, 2010 4:48 PM

 
Virginia Attorney General Ken Cuccinelli has issued a legal opinion that suggests the state board of health has the authority to impose additional regulations on the operation of abortion clinics in the commonwealth.
For years conservative, pro-life Republicans have sought to pass laws in the Virginia General Assembly that would impose further restrictions on the state’s abortion clinics, effectively requiring them to operate under the same regulations as full-fledged hospitals and surgery centers. 
Currently, doctors working at a clinic must be licensed by the state Board of Medicine, but clinics themselves handling abortions in the first trimester are considered “physicians offices” — places where some surgical procedures may be performed, such as a plastic surgeon’s office.  Abortions after the first trimester must be performed in licensed hospitals.
Abortion advocates have argued that the legislation has been a thinly veiled attempt to close down the state’s clinics because many would subsequently not afford the cost of complying with the additional regulations. 
As a state senator, Cuccinelli, an anti-abortion Republican, supported such legislation, which has in recent years been soundly defeated by the Democrat-dominated Senate Education and Health Committee. 
The Attorney General’s opinion, however, potentially opens the door for the administration of Gov. Bob McDonnell to instruct the state board of health to impose similar regulations on the clinics.
“Based on Virginia’s police power to protect its citizen’s health and welfare, the broad authority granted to the regulatory boards, and the extensive statutory and regulatory scheme currently applicable to physicians performing abortions and the facilities in which such services are available, I conclude that the Commonwealth, by the Virginia Board of Health, the Virginia Board of Medicine, or any other proper agency, has the authority to continue to promulgate regulations affecting the performance of first trimester abortions,” Cuccinelli wrote in his opinion, requested by state Sen. Ralph Smith, R-Botetourt. 
Cuccinelli concluded the opinion by noting that the regulations may be imposed “so long as the regulations adhere to constitutional limitations” under the U.S. Supreme Court’s Roe v. Wade decision.  Later, the office also issued a statement on its opinion.
“The state has long regulated outpatient surgical facilities and personnel to ensure a certain level of protection for patients,” said spokesman Brian Gottstein. 
“There is no reason to hold facilities providing abortion services to any lesser standard for their patients. Even pharmacies, funeral homes, and veterinary clinics are regulated by the state.”
Cuccinelli’s opinion does not constitute law, nor does it require any action on the part of the state. But it puts Gov. Bob McDonnell on the spot. 
An anti-abortion Republican, McDonnell could implement the policy change, but almost assuredly would court a legal challenge and the wrath of pro-choice Democrats in the Virginia General Assembly who have held the line on additional regulation of the clinics.
“The Governor is a longstanding supporter of ensuring that abortion clinics, and their medical personnel, are treated equally with other out-patient surgical hospitals by the Commonwealth to ensure services are provided in a safe manner,” said a statement issued by McDonnell’s press office. “The Governor and members of the Administration are currently evaluating and reviewing this opinion.”
Pressed further on whether McDonnell agreed with the Cuccinelli opinion and would use it to revise policy, Press Secretary Stacey Johnson said: “We will thoroughly review it prior to making any final determinations and decisions.”


It’s about time we outlawed those blood-soaked slaughterhouses.

Toby of Richmond, Virginia
Aug. 23, 2010 at 10:27 PM

Next move: Irresponsible men of Virginia will discover how paternity tests are connected to 18 year of child support payments and Ken will quickly raise the ban on all types of abortion.

Hey, boys better start carrying those ELLA PILLS for your girlfriend, otherwise you will end up a daddy,  which is not in your game plan.

Blue Dominion of Richmond, Virginia
Aug. 25, 2010 at 09:02 AM



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