Senator Donald A. McEachin, District 09
Board of Health Statutory Authority - Regulations for Licensure of Abortion Facilities
Dear Board Members,
We have learned that you were informed by the office of Attorney General Ken Cuccinelli that you violated your statutory authority in adopting the Regulations for Licensure of Abortion Facilities at the June 15th, 2012 Board of Health meeting.
The Attorney General’s office is incorrect in their interpretation.
The Attorney General's office position is that that the proposed 12 VAC 5-412-370 conflicted with the Virginia Code 32.1-127.001. But that section has never required existing facilities to meet new construction codes, and it was not the intent of the General Assembly when it enacted those provisions.
In fact, while the code states that the Board issue regulations for health care facilities, "consistent with the current edition of the 2010 Guidelines for Design and Construction of Hospital and Health Care Facilities," the 2010 Guidelines clearly state that they are “intended as minimum standards for designing and constructing new health care facility projects."
Your June 15th amendment to differentiate between new and existing facilities was "consistent with" the Guidelines, and clearly was within the statutory authority the General Assembly has given you.