The Virginia Board of Health gave final approval to a sweeping set of regulations for abortion clinics Friday.
Abortion-rights supporters say the regulations — which would require many clinics in the state to undergo costly renovations to stay in business — have one goal: to put abortion clinics out of existence.
“This is a political attack on abortion, designed to outlaw women’s health centers in the state,” said Jennifer Dalven, director of the ACLU Reproductive Freedom Project.
But anti-abortion advocates say the Virginia regulations are just meant to ensure high standards for women’s health care.
“I think that we should all be able to agree that the women walking in to abortion clinics deserve respect and care consistent with their dignity,” said Mallory Quigley, Susan B. Anthony List spokeswoman. “We see them as common-sense regulations.”
Under the new rules, which are the result of a law passed by the Virginia Legislature in 2011, a Virginia clinic that performs more than five abortions a month is categorized as a hospital. And that means Virginia’s 20 licensed abortion providers must now meet a host of new architectural requirements — which could mean anything from replacing the ceilings, to widening the hallways, to installing a drinking fountain.
Elizabeth Nash, state issues manager at the Guttmacher Institute, said about half the states have structural requirements in place for abortion clinics. But Virginia’s new rules, which are similar to those in Utah and Kansas, are “just about the most restrictive,” she said.
Rosemary Wilbur Codding, owner and director of the Falls Church Healthcare Center in Virginia, which provides abortions and gynecological care, said complying with all of the regulations could require her small facility to add five rooms and could cost up to $1 million.
How will she be able to afford all that?
“Well, I play the lottery every day,” Codding joked.
“Realistically, in this climate, for any small business to be able to invest $1 million in unneeded upgrades is just outside of the spectrum of even thinking about,” she continued. “I’m not even sure how I’d manage $100,000.”
Codding said she’s not sure how she can afford to keep her medical center open — but she’s determined to fight the regulations.
“I think we’ll investigate all options,” she said. “We want to stay in business, and we want to stay providing the unique kind of services that we provide.”
Since the law was passed in 2011, finalizing the regulations has been a laborious, contentious process. Last year, Attorney General Ken Cuccinelli, a Republican who is anti-abortion, refused to certify the first round of regulations approved by the board, which would have “grandfathered in” existing clinics so they wouldn’t have to rebuild or renovate extensively.
Abortion-rights groups accused him of playing politics, but he said he was just doing his job.
“The attorney general’s primary duty is to certify whether the regulations adopted by the Board of Health comply with state and federal law, and more specifically SB924, which was passed by the General Assembly in 2011,” Brian Gottstein, a spokesman for Cuccinelli, wrote in an email.
The Board of Health then approved stricter regulations — which led to the resignation of Virginia Health Commissioner Karen Remley last fall. She cited the regulations as the reason she could “no longer in good faith continue in my role.”
Now, the regulations will go to Cuccinelli for final review.
Abortion-rights providers say they’re determined to fight the laws in whatever way they can — which may mean another court challenge.
“If Virginia Board of Health doesn’t want to support legal abortions, they are supporting illegal abortions,” Codding said.
Anti-abortion groups say abortion providers are trying to shift the focus to cost to avoid talking about safety for women.
“These arguments really discredit the claims from these groups that they’re the advocates for women when what they’re advocating for is not dipping into abortion providers’ profits in order to ensure safety for women,” said Anna Franzonello, an attorney with Americans United for Life.
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