The Virginia Department of Health has released draft regulations for licensure of abortion clinics that abortion-rights advocates say could threaten the continued availability of safe, legal procedures.
The proposed emergency rules, posted late Friday afternoon, include building requirements that some advocates view as costly, onerous and not intended for existing health-care facilities.
"Those guidelines are extensive, significant physical plant requirements," said Jessica Honke, director of public policy for Planned Parenthood Advocates of Virginia. "To make the changes could be upwards in the millions of dollars."
The Virginia Coalition to Protect Women's Health said the draft regulations require existing clinics to make "substantial architectural changes" to comply with the 2010 Guidelines for Design and Construction of Health Care Facilities.
The new rules follow an amended Republican-backed bill, Senate Bill 924, which narrowly passed the General Assembly this year on a tie-breaking vote cast by Lt. Gov. Bill Bolling.
Anti-abortion advocates at the time hailed it as a victory for women's health, while abortion-rights advocates said the law, which compels the board to regulate the clinics like hospitals, is actually a move to close the clinics.
Currently, the clinics, which handle only first-trimester abortions, are subject to the same regulations as physician practices that perform various invasive procedures, such as cataract or dental surgery.
The conservative Family Foundation said Friday that it would reserve comment until it had thoroughly reviewed the proposed rules.
Foundation President Victoria Cobb had said in a statement Thursday, "While the abortion industry alleges that regulations will close down clinics, Virginians understand that Planned Parenthood, the nation's largest private abortion provider, is a $1 billion business.
"They have the money to ensure that their abortion centers are safe for women, now they'll have to decide whether they want to spend their money on women's safety or continue spending it on trying to get pro-abortion politicians elected."
The state board of health will vote on the proposed rules at its Sept. 15 meeting; the regulations are scheduled to take effect Jan. 1.
The legislation requires the board to produce regulations within 280 days.
If a majority of the board approves the regulations, the rules will be subject to executive review by the attorney general, the secretary of health and human services, the Department of Planning and Budget, and the governor. Board members also have the option of approving the regulations conditioned upon making certain changes.
Upon approval by Gov. Bob McDonnell, they would be in effect for one year and could be extended an additional six months at the discretion of the governor while permanent regulations are formulated.
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