Richmond, Va. --
Attorney General Ken Cuccinelli has issued a legal opinion that suggests that the state Board of Health has the authority to impose additional regulations on the operation of abortion clinics in Virginia.
Conservative, anti-abortion Republicans for years have sought to pass legislation in the General Assembly that would impose further restrictions on abortion clinics, effectively requiring them to operate under the same regulations as full-fledged hospitals and surgery centers.
Currently, doctors working at a clinic must be licensed by the state Board of Medicine, but clinics themselves handling abortions in the first trimester are considered "physicians offices," places where some surgical procedures may be performed, such as a plastic surgeon's office. Abortions after the first trimester must be performed in licensed hospitals.
Abortion-rights advocates have argued that the legislation has been a thinly veiled attempt to close the state's clinics because many would not be able to afford the cost of complying with the additional regulations.
As a state senator, Cuccinelli, an anti-abortion Republican, supported such legislation, which has in recent years been defeated soundly by the Democrat-dominated Senate Education and Health Committee.
The attorney general's opinion potentially opens the door for the administration of Gov. Bob McDonnell to instruct the state Board of Health to impose similar regulations on the clinics.
The opinion was requested by state Sen. Ralph K. Smith, R-Botetourt.
Cuccinelli concluded the opinion by noting that the regulations may be imposed "so long as the regulations adhere to constitutional limitations" under the U.S. Supreme Court's Roe v. Wade decision.
http://www2.timesdispatch.com/news/news/2010/aug/24/cucc24-ar-469730/