These regulations are targeted and politically motivated for the purpose of reducing access to abortion in Virginia. AG Cuccinelli is attempting to selectively apply code. 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 was not the intent of the legislation in 2005 (http://lis.virginia.gov/cgi-bin/legp604.exe?051+sum+HB2366) which was a bipartisan matter that passed both house and senate unanimously. That section has never required existing facilities to meet new construction codes. The legislative oversight committee, Joint Commision of Adminstrative Rules, has never field an objection to the application. Nor has the Governor. The interpretation here by the AG is selective legal application throught intentional misinterpretation. If this is a new interpretation of the code, then the existing regulations for hospitals and nursing facilties are without statutory authority and must be updated.
The Board must vote to amend the regulations to grandfather in existing clinics, or equitably apply interpretation of code across all hospital facilities.