Collegiate Times

A legal opinion issued by Virginia Attorney General Ken Cuccinelli could subject Virginia abortion clinics to stricter regulations.

His opinion, issued Aug. 20, states that “the Commonwealth has the authority to promulgate regulations for facilities in which first-trimester abortions are performed, as well as for providers of first-trimester abortions.”

The opinion says it is legal for Virginia to regulate clinics, but it does not specify what regulations might be imposed, nor does it constitute a law.

In past years, anti-abortion Republicans in the General Assembly have attempted to pass laws that would give the state the authority to impose hospital-level standards on first-trimester abortion clinics.

These pieces of legislation had been blocked by abortion rights advocates who argued that imposing such standards would force many clinics to shut down because they would be unable to afford the stricter requirements for equipment and space.

“Our concern is that Cuccinelli is using that authority to pursue a political agenda that singles out a medical procedure that restricts access to women,” said David Nova, vice president of Planned Parenthood Health Systems.

Alexandria Rusnack, president of the College Republicans of Virginia Tech, said some closures are not necessarily a negative thing.

“Any regulation has the potential to do harm, but you also have to look at the benefits,” Rusnack said. “It might not be such a bad thing if some abortion clinics close, but that’s just my personal opinion. It’s definitely something that will be based
on ideology.”

Currently, abortion clinics are classified by the state as “physician’s offices,” which include offices for oral surgery, plastic surgery and eye surgery. While hospitals are regulated by the board of health, all other health care providers are regulated by the board of medicine.

“The attorney general is saying that the authority the board of health has over hospitals can also extend to abortion clinics,” Nova said. “Hopefully, the board of health will make a reasonable decision, not one motivated by a political agenda but one that will promote the general health and welfare of our citizens.”

If it does attempt to enact new laws, the laws must pass a review process that could take up to two years and would involve public forums.

“Most of the members of the board of health are appointed by (former Gov. Tim Kaine), and not likely to follow such an extreme plan. But in a few years, it may have more of (Gov. Bob McDonnell’s) appointees,” Nova said.

As attorney general, Cuccinelli is required to respond to requests for legal opinions, which can be made by any member of the General Assembly or any state agency.

Cuccinelli’s opinion was issued in response to a request by Del. Bob Marshall (R-Prince William).

“Cuccinelli introduced legislation to require abortion providers to operate as outpatient hospitals in 2005, and Marshall has done it every year since the 1990s,” Nova said. “Now, it appears as though they are trying to bypass the legislative process.”

Current abortion laws require any abortions after the first trimester must be performed in a hospital.

“After the first trimester, women in Blacksburg have these choices: Either to go to Richmond, which has the only hospital in the state that can perform those abortions, or go out of state,” Nova said.

While the implications of the opinion may be several years off, Rusnack said the topic is “always a hot topic, especially within our age group.”

“It’s definitely a polarizing issue,” she said.

A version of this article appeared in the Sep 10 issue of the Collegiate Times.