John Whitehead
2010-09-02 20:23:30 UTC
Citing Risks to Women, Rutherford Institute Urges Gov. McDonnell to
Implement Stringent Health and Safety Regulations for Abortion Clinics
9/2/10 for immediate release
RICHMOND, Va. - Pointing out that many centers in which first trimester
abortions are performed are treated as regular doctors' offices and are not
subject to even basic licensing requirements, The Rutherford Institute is
urging Governor Bob McDonnell (R-VA) to implement more stringent health and
safety regulations for abortion clinics. In a letter to the governor,
Institute president John W. Whitehead calls on McDonnell to use South
Carolina's Code of Regulations § 61-12, which was upheld by the Fourth
Circuit Court of Appeals in 2002, as a model for the Commonwealth to follow
in drafting its own regulations. The Institute's letter, which was copied to
members of the General Assembly, comes on the heels of an official opinion
issued by Attorney General Ken Cuccinelli in which he concludes that the
Commonwealth can regulate abortion facilities without offending
constitutional principles.
A copy of the Institute's letter to Governor McDonnell is available at
www.rutherford.org.
"As the U.S. Supreme Court has recognized, abortion is inherently different
from any other type of medical procedure, and the Commonwealth of Virginia
has significant interest in ensuring that the termination of pregnancies is
not treated with as little oversight as the routine removal of warts," said
John W. Whitehead, president of The Rutherford Institute. "Requiring
abortion centers to comply with the same kinds of regulations as other
outpatient medical centers is really a matter of common sense."
Under Virginia law, outpatient abortion clinics are defined as outpatient
hospitals. However, as Attorney General Cuccinelli recently noted, abortion
facilities that limit their practice to reproductive services often
characterize themselves as "physicians' offices," whereby they are legally
exempt from licensure requirements that apply to other outpatient hospitals.
Taking issue with this exemption, Whitehead insists that the "nature of the
abortion procedure and its inherent risks are reason enough to advocate for
increased regulation of abortion clinics in the Commonwealth." Moreover,
courts have identified a more fundamental reason for regulating these
facilities even more stringently than other outpatient surgical centers. As
the Supreme Court has acknowledged, abortion is different "because no other
procedure involves the purposeful termination of a potential life." The
Institute's letter concludes by urging Governor McDonnell to advocate the
adoption of common-sense clinic safety regulations for the protection of
women undergoing abortions and the promotion of public health. As Whitehead
points out, "in light of the serious, invasive nature of abortion and the
well-recognized state interest in promoting public health and welfare, the
Commonwealth has both the authority and an obligation to its citizens to
adopt reasonable, common-sense regulations."
Founded in 1982, The Rutherford Institute is a nonprofit civil liberties
organization dedicated to the defense of constitutional and human rights.
The Institute provides legal assistance at no charge to individuals whose
constitutional rights have been threatened or violated.
Implement Stringent Health and Safety Regulations for Abortion Clinics
9/2/10 for immediate release
RICHMOND, Va. - Pointing out that many centers in which first trimester
abortions are performed are treated as regular doctors' offices and are not
subject to even basic licensing requirements, The Rutherford Institute is
urging Governor Bob McDonnell (R-VA) to implement more stringent health and
safety regulations for abortion clinics. In a letter to the governor,
Institute president John W. Whitehead calls on McDonnell to use South
Carolina's Code of Regulations § 61-12, which was upheld by the Fourth
Circuit Court of Appeals in 2002, as a model for the Commonwealth to follow
in drafting its own regulations. The Institute's letter, which was copied to
members of the General Assembly, comes on the heels of an official opinion
issued by Attorney General Ken Cuccinelli in which he concludes that the
Commonwealth can regulate abortion facilities without offending
constitutional principles.
A copy of the Institute's letter to Governor McDonnell is available at
www.rutherford.org.
"As the U.S. Supreme Court has recognized, abortion is inherently different
from any other type of medical procedure, and the Commonwealth of Virginia
has significant interest in ensuring that the termination of pregnancies is
not treated with as little oversight as the routine removal of warts," said
John W. Whitehead, president of The Rutherford Institute. "Requiring
abortion centers to comply with the same kinds of regulations as other
outpatient medical centers is really a matter of common sense."
Under Virginia law, outpatient abortion clinics are defined as outpatient
hospitals. However, as Attorney General Cuccinelli recently noted, abortion
facilities that limit their practice to reproductive services often
characterize themselves as "physicians' offices," whereby they are legally
exempt from licensure requirements that apply to other outpatient hospitals.
Taking issue with this exemption, Whitehead insists that the "nature of the
abortion procedure and its inherent risks are reason enough to advocate for
increased regulation of abortion clinics in the Commonwealth." Moreover,
courts have identified a more fundamental reason for regulating these
facilities even more stringently than other outpatient surgical centers. As
the Supreme Court has acknowledged, abortion is different "because no other
procedure involves the purposeful termination of a potential life." The
Institute's letter concludes by urging Governor McDonnell to advocate the
adoption of common-sense clinic safety regulations for the protection of
women undergoing abortions and the promotion of public health. As Whitehead
points out, "in light of the serious, invasive nature of abortion and the
well-recognized state interest in promoting public health and welfare, the
Commonwealth has both the authority and an obligation to its citizens to
adopt reasonable, common-sense regulations."
Founded in 1982, The Rutherford Institute is a nonprofit civil liberties
organization dedicated to the defense of constitutional and human rights.
The Institute provides legal assistance at no charge to individuals whose
constitutional rights have been threatened or violated.