New regulations on abortion clinics head to McDonnell

RICHMOND

Abortion foes scored a major victory Thursday when Senate Republicans, along with a pair of defecting Democrats, rammed through an amended bill that calls for new regulation of clinics where first-trimester abortions are performed.

It was approved despite protests by Democrats, who hold a slim majority in the chamber. Party leaders tried several tactics over two days to prevent passage of the measure but ultimately failed to block it.

As adopted, the legislation would classify clinics that perform at least five first-trimester abortions per month as hospitals, and it directs the state Board of Health to prepare regulations for such facilities within 280 days of the law's enactment.

Those who oppose abortions insist the bill is about ensuring health and safety standards at such medical facilities.

"This is a historic vote," Virginia Family Foundation President Victoria Cobb declared moments after the Senate narrowly adopted the amended bill.

Cobb, noting that supporters have lobbied for the change for years, called the Senate action "a huge step forward" to impose rules on clinics that create an "appropriate environment for women" seeking abortions.

It's a view shared by Gov. Bob McDonnell, who said he intends to sign the bill. He told reporters Thursday he believes "all outpatient surgical hospitals or clinics should be regulated in the same way, and I think this bill will do that."

Abortion-rights advocates argue that the health and safety argument is meant to divert attention from what they deem a back-door maneuver to restrict abortions through previously rejected regulatory changes.

It is unfair, they say, to hold abortion clinics to higher standards than similar medical facilities that offer dental and cosmetic surgery.

Officials already are exploring a legal challenge, fearful that the cost of complying with more stringent rules could drive 17 of the state's 21 abortion clinics out of business.

"This is a sly, underhanded way of passing legislation that circumvented the committee process," said Jessica Honke of Planned Parenthood Advocates of Virginia.

Erin Zabel, director of public relations for Planned Parenthood of Southeastern Virginia, said she did not yet know what impact the proposed regulations would have on abortion services provided at the Planned Parenthood office in Virginia Beach. She said it's likely there will be a legal challenge to the regulations.

"It will probably be tied up in litigation for a while," Zabel said. "But the bottom line is, these regulations have nothing to do with the safety of first-trimester abortions, which have one of the lowest complication rates of any surgical procedure."

Bills to tighten clinic regulations have cleared the House of Delegates in the past, only to be rejected in the Senate.

In recent years, Democrats stacked the 15-member Senate Education and Health Committee, which weighs abortion bills, with 10 members of their party, a large enough majority to doom such proposals.

That panel rejected numerous abortion-control bills this year, but not the bill that was the source of much debate Thursday because it didn't initially target abortion.

The original version called on the state Board of Health to develop infection-prevention policies and regulations for disaster preparation and security at hospitals and nursing homes.

Del. Kathy Byron, R-Campbell County, modified it in the House of Delegates on Monday. Her amendments were upheld after strenuous debate on the Senate floor when Republican Lt. Gov. Bill Bolling broke a 20-20 deadlock in the chamber.

All 18 Republicans voted in favor of the changes. They were joined by two Democratic senators, Charles Colgan of Prince William County and Phillip Puckett of Russell County, who each said he voted on principle.

Other Democrats had divergent views.

Arlington County Sen. Mary Margaret Whipple labeled the measure a "purely discriminatory" vehicle that would restrict access to safe abortions.

"It makes me heartsick," she said.

"If anybody in this room thinks this debate has been about a woman's health, get a life," roared Senate Majority Leader Richard Saslaw, D-Fairfax.

Republicans, including Virginia Beach Sen. Jeffrey McWaters, insisted that the bill is about proper standards for medical practices.

"I think you have to agree that patient safety is our responsibility," McWaters said during the floor debate.

Pilot writer Elizabeth Simpson contributed to this report.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com