Be thorough in your Ordered Review of VAC5-412

As the Director of Policy at Falls Church Healthcare Center I am indeed grateful for the required review of Regulation 12VAC5-412 previously promulgated by the BOH put into effect first as temporary and then as permanent regulations.

It is essential that all regulations for Virginia’s business entities and medical facilities when developed follow Virginia’s own enlightened regulatory process which requires evaluation of standard criteria including the effects on small business, access to care, and the impact on the family and involve a full participatory approach with a stakeholders’ panel.  Falls Church Healthcare Center (FCHC) filed a Petition of Administrative Appeal in the Arlington Circuit Court because we felt 12VAC5-412 was promulgated and adopted without regard to the Virginia’s enlightened regulatory process. We argue that our petition appeals the rules of the State Board of Health not only because they exceed the dictate given to them by the General Assembly which requested rules for licensure with “minimum construction and maintenance” guidelines but also because regulations developed mandate following Virginia’s process which it did not.

FCHC is committed to protecting public health and elimination of health inequities among reproductive health; racial and ethnic minorities and other disadvantaged populations. We are committed to serving women and their families with quality care. But we cannot do this if all parts of VAC5-412 regulations that inappropriately include architectural, personnel and administrative changes are not revised. Without revision our medical services would become unaffordable to our patients or too costly to implement for our center.  As written now these regulations if fully implemented (effective beginning October 2014) would take at least 40% of our revenues for at least the next 4 fiscal years.  Meeting such costly, burdensome regulations targeting abortion providers will be impossible. Falls Church Healthcare Center (FCHC) is a small business and community medical practice. We wish every doctor who wanted to provide comprehensive reproductive healthcare would be able to include abortioncare. However, FCHC is one of only 18 medical facilities in Virginia that provides first trimester abortioncare. 

FCHC has never had a medical issue arise that would have been avoided because of the new physical or administrative rules included in the VAC5-412. While Falls Church Healthcare supports regulations that address such things as infection control and procedures in place in the event of a facility or medical emergency, Falls Church Healthcare objects to regulations that impose physical and administrative standards that are not grounded in medical need or sound medical practices and are inappropriate for out-patient care provided in a doctor’s office. This includes such items as the width of hallways, HVAC systems, or the number of parking spaces, entrance awnings, size of janitors closets and staff showers, additional staff, legal, personnel and accounting systems.  My office follows In Office Procedure Safety Guidelines as published by the American College of Obstetrics and Gynecology. A first trimester abortion, whether spontaneous or elective fits well within the scope of procedures that would qualify for in office treatment. If the government of Virginia has a primary concern for the safety of the women of Virginia then a review of all in office procedures would be more appropriate then a single assault on the woman requesting an elective termination.

I urge you to complete a full review of these regulation and include the enlightened Virginia process in doing so.

Thank you for your attention and action.

Rosemary Codding,Director

Falls Church Healthcare Center