The Virginia Department of Health has released a draft of new regulations on abortion clinics that threaten to shutter at least half of the state’s clinics, according to pro-choice activists. The changes qualify abortion clinics as hospitals, and therefore subject them to all the same staffing, construction and equipment regulations as any full-fledged hospital facility, according to a draft copy of the regulations reviewed by The Washington Examiner.
Abortion clinics are currently classified as physician practices along with specialized doctors’ offices that perform procedures such as colonoscopies, spinal taps and plastic surgery.
The new rules would be implemented on Jan. 1, pending approval by the 15-member State Board of Health. Eight people serving on the state health board were appointed by Gov. Bob McDonnell, who is against abortions, and six board members were appointed by former Democratic Gov. Tim Kaine. The remaining seat is vacant.
The board plans to vote on the regulations, which were mandated by a Republican-backed bill that passed the General Assembly this year, on Sept. 15 — after one hour of listening to public testimony.
The public will have no other time period to provide testimony, because the General Assembly is implementing the new rules on an “emergency” basis. Health reforms typically require a two-year implementation period in Virginia.
Abortion advocates say the new regulations are equivalent to outlawing the clinics, because they won’t be able to afford the required staffing and facility upgrades.
According to the state’s draft language, however, the regulations are intended to “assure the safety of patients who receive first trimester abortion services.”
Each of the two dozen abortion clinics in the state must apply for a license to operate and prove that they meet all the new regulations to keep their doors open, according to the draft.
Roughly 26,000 abortions are performed each year in Virginia, and the regulations apply to clinics that perform five or more abortions in a month. The state’s clinics currently perform abortions in the first trimester of a pregnancy, in addition to providing an array of other women’s health services.
