Under pressure from Gov. Bob McDonnell (R) and Attorney General Ken Cuccinelli, the Virginia Board of Health voted on Friday to pass a set of building regulations that could force many abortion clinics in the state to shut down.
Opponents of the regulations, which include minimum hallway widths, specific ventilation systems and covered entrances, argue that they are medically unnecessary and meant for the construction of new hospitals — not as regulations for existing outpatient abortion clinics. None of the 20 clinics in the state that are applying for a new license currently meet the requirements, and in order to come into compliance in the allotted two-year time period they would have to undergo costly, extensive renovations.
The board voted to pass the regulations in June along with an amendment that would have grandfathered in existing clinics. But Cuccinelli refused to certify the version the board passed and told members that adopting such an amendment was outside their scope of power. He said the legislation that directed the board to regulate abortion clinics as hospitals, sponsored by Del. Kathy Byron (R-Lynchburg), did not intend for existing clinics to be exempt. The legislation called for the board to pass regulations on building specifics.
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