Gov. McAuliffe calls for review of abortion clinic regulations in Virginia
Source: Washington Post
By Laura Vozzella, Updated: Monday, May 12, 2:23 PM
RICHMOND Gov. Terry McAuliffe ordered the states Board of Health on Monday to review regulations that impose strict hospital-style building codes on abortion clinics, an attempt at fulfilling a campaign promise to free clinics from the rules.
McAuliffe (D) had promised throughout the race to undo the year-old regulations, which had been approved by the General Assembly and imposed under his predecessor, Robert F. McDonnell (R).
....
As a candidate, McAuliffe said he would do away with the regulations by issuing a guidance opinion, a mechanism whose existence legal experts later called into question. Now governor, he has struck upon the review process as a possible way.
McAuliffe also stacked the 15-member health board with five new abortion rights supporters, after nudging four members to wrap up their terms a month early.
Read more: http://www.washingtonpost.com/local/virginia-politics/mcauliffe-calls-for-review-of-abortion-clinic-regulations/2014/05/12/ec723fac-d9e1-11e3-8009-71de85b9c527_story.html
In case you've forgotten, here are the results of the Virginia elections for 2013:
Democratic Terry McAuliffe 1,069,859 47.75%
Republican Ken Cuccinelli 1,013,354 45.23%
I'm sure the comments will come rolling in. Here's the latest, as of 4:08 p.m.:
alert4jsw 3:45 PM EDT
This review is well justified. Having worked in Virginia code enforcement for several years, I know that changes to building code requirements (such as the regulations adopted for abortion clinics) only apply to buildings built after the code requirement is enacted. Buildings built before the new requirement are only required to remain compliant with the version of the code under which they were built. (Otherwise builidings would be in a constant state of upgrade and repair to keep up with code changes.)
The only exception I am aware of occurred in the 1980s after several disasterous hotel fires in Las Vegas, when existing hotels were required to retrofit sprinkler systems if they did not already have them. But this required special legislation from the general assembly, not a simple building code update.
My point being that the regulations adopted under McDonnell/Cuccinelli, if upheld, should have only applied to a clinic built after they were adopted, and should have had no effect on any clinic that existed at the time they were adopted. Only if an existing clinic underwent extensive structural modifications would the new code possibly apply.
The original rules from the state Board of Health were in keeping with this long-standing legal policy, but that didn't accomplish Cuccinelli's goal. So he then threatened to refuse to represent the board members in any legal action related to their decision, which in itself would have constituted malfeasance on his part had he folllowed through with the threat. Still, it was enought to the board into submission, resulting in the situation that is now under review.
Congratulations to Governor McAuliffe for having the political courage to take this on.
homegirl
(1,429 posts)Maybe women will be free to make their own choices. Thank you Gov. Terry.
iandhr
(6,852 posts)Here is proof that is false.
Terry is going to bat for a women's right to choose.
The Dem AG of VA (who won by 200 votes) stopped defending the gay marriage ban.
riqster
(13,986 posts)As I often say, the worst Dem is always better than the best Repub. Yet another proof.
iandhr
(6,852 posts)riqster
(13,986 posts)Doesn't stop them, though.
iandhr
(6,852 posts)can talk about Citizens United and Roe V Wade and the importance of making sure a Dem appoints the next SCOTUS justice. Half the comments on the thread will call her a Republican sellout.
riqster
(13,986 posts)Kath1
(4,309 posts)"Congratulations to Governor McAuliffe for having the political courage to take this on." - YES!
Gothmog
(145,344 posts)The former governor and AG crammed these regulations through
Beacool
(30,250 posts)I'm sure that the women of VA are grateful to have terry as governor, instead of Cuccinelli.
mahatmakanejeeves
(57,513 posts)Abortion
Posted: Monday, May 12, 2014 7:58 am | Updated: 10:18 pm, Mon May 12, 2014.
BY JIM NOLAN Richmond Times-Dispatch
....
As part of National Womens Health Week, the governor also announced that he is directing Health Commissioner Marissa Levine to include Virginias Planned Parenthood clinics in the low-cost prescription pricing program provided to the states public teaching hospitals, among other nonprofits. The agreement is to provide free HIV testing to more than 1,800 women and men by the end of 2014. ... McAuliffe also named former Del. Katherine Waddell a special assistant to Secretary of the Commonwealth Levar Stoney on womens outreach issues. Waddell, a former Republican who backs abortion rights, was elected to the House of Delegates in 2005 as an independent. She lost in 2007 to G. Manoli Loupassi, R-Richmond.
McAuliffes five new appointees to the Board of Health are Benita Miller, a Richmond dentist; Ashland Mayor Faye O. Pritchard, director of writing at the Honors College at Virginia Commonwealth University, who previously worked in respiratory care; James Edmondson of McLean, principal of E&G Group, a real estate firm; Linda Hines of Chester, vice president of medical management for Virginia Premier Health Plan Inc.; and Tommy East of Salem, president and chief executive officer for American HealthCare LLC in Roanoke. ... In September 2012, Edmondson was one of two members of the 15-member board to vote against adoption of the stringent new requirements. His term on the board subsequently expired. ... Gov. Mark R. Warner first appointed Edmondson to the Board of Health in 2005. Gov. Timothy M. Kaine reappointed him in 2009. Edmondson is vice chairman of the Health Systems Agency of Northern Virginia.
Leaving the Board of Health are Charles K. Johnson, a Richmond dentist; John de Triquet, a pediatrician and vice mayor of Chesapeake; Kay Curling of Fairfax, chief human resources officer at Salient Federal Solutions Inc.; and Mary McCluskey, an internist in Virginia Beach. Their terms were to expire June 30. The governor indicated that the four were asked to leave early and agreed to do so. ... Mother Paul Mary Wilson, of the Little Sisters of the Poor St. Josephs Home in Henrico County, previously resigned from the board. Her term was to expire in June 2017.
The clinics are poised to be compelled next month to comply with the regulations, approved in 2012 and finalized in 2013 by a board controlled by appointees of Republican Gov. Bob McDonnell, an opponent of abortion.
....
jnolan@timesdispatch.com
(804) 649-6061