Virginia’s Board of Health is scheduled to decide Thursday whether to revisit the state’s controversial regulations governing abortion clinics in what is widely seen as an attempt by Democratic Gov. Terry McAuliffe to undo restrictive measures adopted in the name of women’s health under his Republican predecessor.
The board will consider whether to approve an October recommendation by Virginia Health Commissioner Dr. Marissa Levine that some of the rules be revisited.
Mr. McAuliffe sought an opinion from the board in May, saying he was concerned the “extreme and punitive” rules jeopardized the ability of most of the centers to stay open.
The regulations, which were mandated by the General Assembly and to which the board gave final approval last year, specify that abortion clinics performing at least five abortions per month meet the same health and safety standards as hospitals. That means clinics must submit to mandatory inspections of facilities and of their rules on staff training, and comply with highly specialized architectural and construction standards.
Proponents say the rules are intended to protect women’s health, while opponents say they are a thinly veiled attempt to restrict access to abortion since many clinics would be required to close rather than make costly renovations.
Republican-controlled state legislatures across the country have adopted similar rules in recent years, leading to the closure of some facilities in states like Texas and Alabama.
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But opponents have managed to get similar regulations enjoined in states like Wisconsin, as well as Alabama, and the U.S. Supreme Court issued a ruling in October that allowed a number of Texas facilities to stay open.
Mr. McAuliffe, who campaigned on a pledge to protect the state’s existing clinics, has named a handful of new appointees to the 15-member board that will decide the issue, replacing selections of former Gov. Bob McDonnell, a Republican who supported the stricter standards.
As recently as Wednesday, the Democratic governor announced he was appointing former state Sen. Mary Margaret Whipple, Arlington Democrat and a staunch pro-choice advocate, to fill a vacancy.
Thursday’s meeting is expected to attract large numbers of advocates on both sides of the issue.
Cianti Stewart-Reid, executive director of Planned Parenthood Advocates of Virginia, said 18 Virginia clinics remain operational and licensed after a few closed their doors in response to the new rules. She applauded the governor’s approach to protecting the facilities, saying he’s shown “great leadership” on the issue.
“We will continue to advocate for regulations that both reflect and are responsive to women’s health,” she said.
Victoria Cobb, president of the Family Foundation, said the board is limited in its authority and that repealing the regulations would require the General Assembly to pass a law.
“Essentially, the health and safety standards appear to be doing exactly what they intended to do,” she said.
• David Sherfinski can be reached at dsherfinski@washingtontimes.com.
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