Understanding the regulatory process

By Kerry

In case you missed it while preparing for Hurricane Irene, the Virginia Department of Health released its much anticipated draft emergency regulations last Friday for women’s health centers providing first-trimester abortions. As NARAL Pro-Choice Virginia executive director, Tarina Keene told Mother Jones earlier this week, the proposed regulations as currently drafted will impose unduly strict, burdensome facility requirements on women’s health centers performing at least five first-trimester abortions a month:

 ”It would be challenging for the majority of our facilities to continue offering first-trimester care,” Keene said. “These are designed to really cease first-trimester abortion services in the Commonwealth of Virginia.”

The regulations are the product of SB 924, which narrowly passed the state Senate and was signed into law by Governor McDonnell last March.

Understanding the process and timeline for these regulations is one of the most confusing aspects of this issue. When singling out women’s health in SB 924, anti-choice lawmakers in Virginia took advantage of a special “emergency regulations” process which enabled them to mandate that the new rules be implemented within 280 days. By utilizing this emergency procedure, the draft regulations can take effect while permanent regulations are still being formulated – a drawn-out process that can take over two years.

A major concern of this fast-track process is the fact that there will be very little time for the public and health care professionals to offer feedback on the regulations before the Board of Health votes on them.  With the Board set to vote during its September 15^th meeting, that leaves only a few weeks for concerned citizens and advocates to submit written comments. More troubling still, there will only be one limited opportunity for oral comments before the vote, which will take place at the September 15^th meeting just before the Board members consider the draft regulations.

Should the Board of Health approve the draft regulations, the new rules will still be subject to an “executive review” by Gov. McDonnell, the attorney general, the Virginia secretary of Health and Human Services, and the Department of Planning and Budget. Depending on whether they opt for revisions, the emergency regulations will then take effect on or after January 1, 2011 and can remain in effect for a maximum of 18 months.

Fortunately, the public will have at least a bit more room to voice their concerns when it comes to the process for the permanent regulations. Here’s a rundown of how it will work:

1)      The Board of Health will file another “Notice of Intended Regulatory Action,” this time for the permanent replacement regulations, which will be followed by a 30-day comment period. As stated in Friday’s Notice of Intended Regulatory Action for the emergency regulations, the Board plans to hold one or more public hearings on the issue.

2)      After this initial comment period, the Board of Health will file proposed permanent regulations, which will then be followed by a 60-day comment period. The Board also have the opportunity to appoint a special regulatory advisory panel in order to seek out professional opinions on the matter, although, they don’t plan to do so (at least not at this time). During this extended feedback period, the Board is also free to modify the regulations, and if they do so, the public will get another 30 days to offer comments.

3)      Once the comment period is up, the Board of Health will publish a final version of the permanent regulations in the Virginia Register. The publication date marks the start of the “executive review” period for the permanent regulations during which the governor or the committees of jurisdiction in the Virginia General Assembly can file objections to the regulations. If either decides to file an objection, it will be published in the Register, and the Board of Health will then have 21 days to respond.  Should both the legislature and the governor file objections, they can stop the clock – i.e. suspend the date the regulations become effective. If no such objections are raised, the regulations will be implemented at the end of the “executive review” period.

Quite a complex process before all this is said an done. But before we even get to permanent regulations, we have a lot of work ahead with the emergency regulations.

What can you do to stand up for women’s health in light of these politically-motivated regulations that could detrimentally affect access to health care for Virginia women?

• Join us in contacting the Board of Health today, and ask them to amend these dangerous draft regulations.
• Attend the Virginia Coalition to Protect Women’s Health’s  rally on September 14^th to speak out against these outrageous regulations.
• Keep up with the latest information on the Coalition’s website and make your voice heard by signing the petition.

The launch of a new campaign to take on Gov. McDonnell

By NARAL Pro-Choice Virginia

Virginia’s Governor McDonnell is moving onto the national stage as the new chair of the Republican Governor’s Association.

According to Politico:

[Texas Governor Rick Perry will] be joined by Virginia’s Bob McDonnell, who will replace him as chairman of the Republican Governors Association — a perch that is all but guaranteed to boost McDonnell’s political fortunes by providing a national platform and access to a fundraising network that would be useful in a future run for higher office.

The article goes on to describe McDonnell as a “pragmatic conservative”:

In his nearly two years in office, the Virginia governor has carefully positioned himself as a pragmatic conservative who is fixated on job creation (not the social issues that were important to his early political rise) and capable of working with Democrats to get big things done.

However, we know that McDonnell is focused on social issues, especially when it comes to attempts to undermine the health of Virginia women.

In March, Governor McDonnell signed SB 924, a bill that classifies women’s health centers in the state as a category of hospitals, making them subject to new regulations created by the Department of Health. These laws, called “TRAP laws” for Targeted Regulations of Abortion Providers, single out abortion providers for new, burdensome regulations.

These laws play politics with women’s health and safety.

After Gov. McDonnell signed the bill into law in March, the “emergency” process for new regulations began; a process meant to limit public comment and participation.

These new regulations could have devastating consequences for women throughout Virginia.

The process will move quickly, which is why we are pleased to announce the launch of the sign the petition today to help us keep the pressure on the Governor to support regulations based in medicine, not in politics!

Join the nearly 700 Virginians asking Gov. McDonnell not to play politics with women's health

Freedom doesn’t come free…

By Leigh

Last week, we saw that, according to a George Mason University Mercatus Center study entitled, “Freedom in the 50 States: An Index of Personal and Economic Freedom,” Virginia is the ninth overall freest state in the nation. Furthermore, it is the fifth in economic freedom and 22^nd in personal freedom.

In the article, “Virginia ranked 9^th in overall freedom,” the Richmond Times-Dispatch states that, “policies were weighted on how much they matter to those affected, and how many people they affect.” But how did the study judge who was affected? According to Kent Willis, executive director of the ACLU of Virginia, the list of “those affected” did not encompass all Virginians. Willis says, “freedom is only meaningful if it applies equally to all, and that’s where Virginia falls short.”

NARAL Pro-Choice Virginia believes there are still many Virginians, especially Virginia women, who are continually experiencing restricted freedom. Governor McDonnell, Lt. Governor Bolling, Attorney General Cuccinelli, and a majority of state legislators are completely anti-choice. Having a choice equates to having freedom; therefore, it makes sense that Virginia is only 22^nd in personal freedom. Governor McDonnell’s administration and their legislative allies have successfully passed numerous laws that prohibit a women’s freedom to full healthcare access.

In the 2010 legislative session, Virginia prohibited public funding for abortion for those women who are eligible for state medical assistance, except if the woman’s life is in danger or in the case of rape or incest. The 2011 session also provided an abundance of proposed anti-choice legislation. Two bills would have limited private insurance plans from providing abortion coverage (with the governor adding a last-minute amendment banning such coverage). Three separate bills would have given constitutional rights to a fetus at all stages of development. Additionally, one proposed bill would have meddled in the doctor-patient relationship by requiring that a pregnant female receive an ultrasound before she has an abortion.

Anti-choice lawmakers also singled out women’s healthcare for new restrictions.

On July 1^st, a bill passed through political maneuvering officially became law. This Targeted Regulation of Abortion Providers (TRAP) law states that if a facility performs more than five first-trimester abortions a month it is now considered a hospital. Such regulations are politically-motivated and aim to restrict the freedom of women to comprehensive, reproductive health care.

An opinion piece in The Daily Progress entitled, “Freedom is in the eye of the beholder,” further discussed Virginia’s ranking and highlighted a specific quote from the authors of the study: “In our [the authors of the study] view, individuals should be allowed to dispose of their lives, liberties, and properties as they see fit, as long as they do not infringe on the rights of others.”

Out-of-touch Virginia elected officials continue to infringe on a woman’s right to choose complete, affordable healthcare. Thus, Virginia’s high ranking once again does not extend to Virginia women.

Though people and elected officials may have different ideals about what constitutes freedom, there is no denying that an increase in government regulation reduces an individual’s liberty.

With anti-choice politicians, the freedom of Virginia women is constantly in jeopardy.

Virginia Political Pro(choice)files: Senator Mary Margaret Whipple

By Brooke

Welcome to our new, regular blog series, Virginia Political Pro(choice)files. In this segment, we highlight Virginia’s state politicians who support and fight for women’s reproductive rights while also drawing attention to politicians who are working to undermine the constitutional right to safe and legal abortion. To see how all General Assembly members stacked up in 2011, check out our Legislative Scorecard!

Virginia Political Pro(choice)files Part 1: Senator Mary Margaret Whipple

Throughout her career representing the 31^st district, Senator Mary Margaret Whipple, D-Arlington, maintained a solid record voting to protect women’s health. In February of this year, Senator Whipple announced that, after 15 years in office, she would not run for re-election to the Virginia State Senate.

Her clear passion for women’s rights throughout her time in Richmond is why NARAL Pro-Choice Virginia will honor Senator Whipple with our Defender of Choice Award this Saturday, June 4th at our inaugural Power of Choice event at the Arlington Arts Center.

Senator Whipple was chief patron or co-patron of at least six different bills advocating for reproductive rights and the improvement of women’s health services in Virginia throughout her tenure. These bills include the Birth Control Protection Act and a successful bill creating the “Trust Women, Respect Choice” license plate.

She also has a long history of opposing anti-choice measures. Just this year, Senator Whipple gave a heartfelt speech on the Senate floor while fighting against Senate Bill 924, a bill that forces women’s health centers performing five or more first-trimester abortions per month to be regulated as a category of hospital. Despite Senator Whipple’s efforts, this politically-motivated bill passed. Senator Whipple recognized the bill discriminates against low-income women, who could now be forced to travel long distances to obtain safe, legal abortions. She stated during the debates, “This does nothing to end abortions. It is purely discriminatory. It makes my heart sick and I hope that each of us will think in our own conscience about what we are doing today.”

NARAL Pro-choice Virginia expresses sincere thanks and gratitude to Senator Whipple for her constant support of women’s continued access to reproductive health care. So please, join us this Saturday as we recognize Senator Whipple’s tireless efforts to support reproductive rights in Virginia.

For more information or to purchase your tickets, check out our website or go to our Facebook page.

Virginia Becoming More Hostile Toward Women’s Health

By Sara Cardelle

There is currently a National War on Women in the United States regarding reproductive rights. The attacks on women’s health care access range from attempts to defund Planned Parenthood (on Wednesday, Indiana became the first state to succeed) to requirements that pregnant women undergo an ultrasound prior to obtaining an abortion. In total, there have been 916 state bills related to reproductive rights issues proposed throughout the country this year alone. Unfortunately, the war on women has been equally successful in the state of Virginia. We saw a total of 10 bills or amendments restricting reproductive health care proposed during the 2011 General Assembly. Three of the bills and amendments are now law and could have a devastating impact on women’s health and access to care in Virginia. At NARAL Pro-Choice Virginia’s Choice Legislative Debriefing, Delegate Patrick Hope, D-Arlington, stated, “We have essentially overturned a lot of case laws since Roe v. Wade, making Virginia one of the less desirable states in terms of women’s reproductive rights and I think it’s just outrageous.”

Delegate Hope’s statement certainly rings true as we review NARAL Pro-Choice Virginia’s 2011 Legislative Scorecard.

In comparing this year to last year’s results, there is evidence of a push to more anti-choice partisanship. The number of Virginia legislators earning a zero percent pro-choice rating from has nearly doubled from 2010 to 2011. Last year, 36 delegates and nine senators earned a zero percent pro-choice rating. In 2011, the number of Delegates earning a zero percent pro-choice rating went up to 60. This means that, this year, 60 percent of the House of Delegates voted in favor of any and all bills and amendments attacking reproductive rights.

The number of Senators with a zero percent pro-choice rating increased to 15 which, like the House of Delegates, nearly doubles that of last year. There was also a decrease in 100 percent pro-choice senators (from 22 in 2010 to only 19 in 2011). This means there is no pro-choice majority in the Senate. This small but crucial change came into play often during the session, as we saw three bills or amendments restricting reproductive choice pass by only one vote in the Senate.

During the legislative debriefing, Senator George Barker, D-Fairfax, discussed this issue stating, “The pressure on [moderate legislators] is extraordinary right now, from all kinds of groups out there. And the fear they have is if they take a vote that is not an anti-choice vote, on any single issue, [these groups] will automatically guarantee that they have a primary challenge and in most instances will guarantee that they lose that primary challenge.”

This past session reminds us how important it is to make sure Virginians elect pro-choice candidates in the state legislature and especially in the executive branch. Of the three new anti-choice laws on the books, two were amendments from the governor. Governor McDonnell’s amendments include banning private abortion coverage for all women participating in the new health care insurance exchange, and prohibiting private insurance companies from offering coverage on abortions. The other amendment restores nearly $900,000 in funding for failed, abstinence-only programs. In addition to these two amendments (which are now law after passing the state Senate by only one vote), the governor will also have the final say on new, unwarranted regulations singling out first-trimester abortion providers.

This has been a hard year for reproductive rights in the state of Virginia and across the country. However, there is an opportunity for Virginia citizens to take our state back and that involves us coming out to vote this year on November 8th when all 140 General Assembly seats are up for grabs. The legislative scorecard gives you a chance to see if your legislator is pro-choice or not. I will certainly be taking that information with me into November, and I hope you will as well.

What Happened and What is Ahead?

By Sara Cardelle

Once a year, NARAL Pro-Choice Virginia hosts a Legislative Debriefing event following the General Assembly session as an opportunity for our members and activists to meet and hear from our pro-choice legislature allies. This year, we had nearly 40 pro-choice supporters, which is our largest attendance to date. The audience had an opportunity to hear from six senators and delegates who spoke about our victories and defeats and what lies ahead for reproductive rights in the state of Virginia. (Be sure to check out photos from the event here.)

For the last four months I have been watching the General Assembly and the unfolding of the anti-reproductive rights plan to attack a woman’s right to choose in Virginia. I have watched live videos of anti-reproductive health bills on the floor and heard our allies as well as anti-choice legislator’s debate on the bills. So for me, it was an incredible opportunity to hear from six of our strong pro-choice allies as they shared their stories and views from the session. I especially found it sad but interesting that only a handful of conservative organizations have the power to scare many of our legislators into never voting in support for any reproductive rights issues, and that this hold has only gotten stronger in the last year or so. It was an amazing experience to be in a room full of passionate and excited people who care so strongly about reproductive rights. I left the event feeling unbelievably empowered by all of the attendees and legislatures.

This year’s speakers included:

• Senator Mary Margaret Whipple, D-Arlington, Senate Democratic Caucus Chair
• Senator George Barker, D-Fairfax
• Delegate Charniele Herring, D-Alexandria, Reproductive Rights Caucus Chair
• Delegate Adam Ebbin, D-Alexandria
• Delegate Vivian Watts, D-Fairfax
• Delegate Patrick Hope, D-Arlington, Progressive Caucus Chair

Each speaker had a different topic, so I want to hit the highlights for me of their presentations.

Delegate Ebbin talked about how important the 2011 elections are going to be in protecting and defending reproductive rights in Virginia over the next several years. He also spoke about the current redistricting battle going on in the House of Delegates and state Senate, which, come election time, could lead to an increase in the number of legislators opposed to comprehensive health care for Virginia women.

Delegate Watts talked about Senate Bill 924, which calls for the Board of Health to regulate facilities providing five or more first-trimester abortions per month as a category of hospital. She noted new regulations could not just affect abortion providers, but also OB/GYN offices. Describing recent attacks against women’s health care, she stated that this is the “worst year that I have seen [regarding] abortion legislation.“

Delegate Hope talked about a bill he patroned this year, HB 1488, which prohibits a correctional facility from using restraints (shackles) on any prisoner who is pregnant and in labor. The exception would exclude women who are a flight risk or pose serious harm to herself or others. This bill was tabled in the Military, Police and Public Safety Committee.  Even though the bill was defeated this year, Delegate Hope stated the discussion led to a meeting he and other members will have with the Director of the Department of Corrections to get further guidance and create better regulations.

Delegate Herring spoke of one of the bills she patroned, which was HB 2436. The bill stated that any qualified health benefits plan offered through an exchange shall be neither required to provide nor prohibited from providing insurance coverage for abortion services. This bill was a proactive bill to prevent anticipated bans on private insurance coverage for abortion services. Unfortunately, her bill was tabled in committee. Sadly, we did see a ban on private insurance coverage of abortion care, in the form of Governor McDonnell’s amendment to House Bill 2434, which would have simply created the state’s insurance exchange.

Senator Whipple discussed the TRAP (Targeted Regulation of Abortion Providers) bill and the importance of the Senate Committee on Education and Health in defeating anti-choice legislation. She stated that many negative bills pass the House, but are defeated by women’s health allies in the Senate Committee on Education and Health. Several years ago, legislators wrote into the rules of the Senate that any bills related to abortion would automatically have to go to this Committee, which has been able to defeat a multitude of anti-reproductive-rights bills (even when the Committee had a Republican* majority).

Senator Barker talked about one of the positives coming out of this year’s 2011 General Assembly, which was Senate Bill 967. This bill would have added Family Life Education to the standards of learning guidelines and required all FLE programs be medically-accurate and science-based. The bill passed the full Senate and was defeated by a tie vote in House sub-committee (which is great progress). Senator Barker noted FLE has helped reduce teen pregnancy by a large percent. He also explained how some more moderate representatives used to vote for reproductive rights in the past but are now under extraordinary pressure from conservative organizations to vote no on any reproductive right bills. The fear is that any conservative legislator who votes even once for reproductive rights will automatically have a primary challenger who will most likely beat them in the primaries. Senator Barker said that “if we were able to have secret votes on the floor of the Senate on these types of bills, then we would have 25 to 30 votes on every one of these bills, to kill these bad bills.”

I, like many of the attendees, left this year’s Legislative Debriefing feeling passionate and angry over the current erosion of reproductive rights. This is an important time for people to get angry and to fight back, as reproductive rights are under attack all across the country right now. (In fact, 916 bills dealing with reproductive rights have been proposed across the country this year alone.) Anti-choice groups are no longer looking to outright overturn Roe v. Wade because they know that they can whittle down reproductive rights through the states, one bill at a time. This is why it is so important for Virginians to volunteer for pro-choice candidates in the summer and fall and to come out and vote for pro-choice candidates in this year’s statewide election.

As a helpful guide to know how your legislator ranks, we had a first glimpse of our 2011 scorecard during the debriefing. The scorecard allows you to see how your elected official stacks up on choice. Check back soon to see the full scorecard online.

*Supporting access to comprehensive reproductive health care options is not a partisan issue.

The Panel Presents the Status of Choice

Pro-Choice Allies Speak to the Group

Gov. McDonnell Continues Attempt to Erode Women’s Health Care

This week, we have seen just how far Governor McDonnell is willing to go on his single-minded, ideological mission to further erode women’s access to necessary health care.

The governor quietly signed a bill into law requiring new, unwarranted regulations on abortion providers into law this past weekend with no notice or media attention. So now, the “emergency regulatory” process begins—a process which severely curtails public comment. But, the governor was not quite finished with his attempt to undercut women’s health.

At the very last minute possible, the governor recommended an amendment to another bill that has nothing to do with abortion. HB 2434 simply established the state’s health benefits exchange as a result of federal health care reform. McDonnell seized the opportunity to further his crusade against women’s health and safety.

Governor McDonnell’s amendment bans abortion coverage for all women participating in the new health care insurance exchange. This is dangerous for women. No woman ever plans on having an abortion. But, pregnancy can be extremely precarious and women need the assurance of health coverage especially in those tragic situations. A woman should have the option whether to include abortion coverage in her health plan without government interference.

Furthermore, the amendment prohibits women from using their own private dollars to purchase abortion coverage. It also prohibits private insurance companies from offering coverage! This flies in the face of the governor’s own conservative principles—free markets, limited government and individual rights and liberty. Not to mention, privacy!

We saw just what can happen with a mixed-choice Senate with the recent tie vote on new abortion regulations (broken by anti-choice Lt. Gov. Bill Bolling). We have to tell our senators NOW to vote against the Governor’s amendment on HB 2434 and protect women’s ability to choose what their health insurance covers!

Let’s be clear, the governor and his allies are pursuing a political agenda that will severely limit access to vital reproductive health care for women of the Commonwealth.

We cannot allow this to happen!

The House and Senate will vote on this amendment next Wednesday. Please help by contacting your senator today and ask them to reject the Governor’s amendment to HB 2434 and protect women’s health and safety!

This week, we have seen just how far GoGovernor McDonnell is willing to go on his single-minded, ideological mission to further erode women’s access to necessary health care.

 

The governor quietly signed a bill into law requiring new, unwarranted regulations on abortion providers into law this past weekend with no notice or media attention. So now, the “emergency regulatory” process begins—a process which severely curtails public comment. But, the governor was not quite finished with his attempt to undercut women’s health.

 

At the very last minute possible, the governor recommended an amendment to another bill that has nothing to do with abortion.HB 2434simply established the state’s health benefits exchange as a result of federal health care reform. McDonnell seized the opportunity to further his crusade against women’s health and safety.

 

Governor McDonnell’s amendmentbans abortion coverage for all women participating in the new health care insurance exchange.This is dangerous for women. No woman ever plans on having an abortion. But, pregnancy can be extremely precarious and women need the assurance of health coverage especially in those tragic situations. A woman should have the option whether to include abortion coverage in her health plan without government interference.

 

Furthermore, the amendment prohibits women from using their own private dollars to purchase abortion coverage. It also prohibits private insurance companies from offering coverage! This flies in the face of conservative principles – free markets, limited government and individual rights and liberty. Not to mention, privacy!

 

We saw just what can happen with a mixed-choice Senate with the recent tie vote on new abortion regulations (broken by anti-choice Lt. Gov. Bill Bolling). We have to tell our senators NOW to vote against the Governor’s amendment on HB 2434 and protect women’s ability to choose what their health insurance covers!

 

Let’s be clear, the governor and his allies are pursuing a political agenda that will severely limit access to vital reproductive health care for women of the Commonwealth.

We cannot allow this to happen!

 

The House and Senate will vote on this amendment next Wednesday. Please help by contacting your senator today and ask them to reject the Governor’s amendment to HB 2434 and protect women’s health and safety!

 

 

 

 

Anti-choice crusaders seek to bulldoze through new regulations

Now that the dust has settled from the surprise last minute attack on abortion rights during this year’s General Assembly session, we can look back and see what exactly happened and what we can expect next.

Anti-choice legislators who oppose access to comprehensive reproductive health care have been trying to pass legislation for nearly two decades in an effort to restrict and eliminate abortion rights in the Commonwealth. Since anti-choice Republicans won big in the last federal congressional election, taking control of the House of Representatives, there has been an all out war on reproductive rights. But the “War on Women” is not just happening on Capitol Hill.

Last August, Virginia Attorney General Ken Cuccinelli issued a legal opinion, requested by Sen. Ralph Smith (R-Roanoke) and Del. Robert Marshall (R-Prince William) declaring the state Board of Health could issue regulations for first-trimester abortion offices. To clarify, this would single out abortion providers from other physician offices (dentists, cosmetic surgeons, LASIK surgeons, etc.) for potentially stricter regulations.

Cuccinelli’s legal opinion did not require the Board of Health to regulate, but merely said they could do so. Since August, the Board of Health has done nothing to offer new regulations, and was not showing indications that they would. With no new regulations in sight, we turned our full attention and efforts to the ever-difficult General Assembly.

Five months after Cuccinelli’s opinion, state anti-abortion legislators proposed a total of nine bills in both the House of Delegates and state Senate, which would seek to limit or eliminate access to safe, legal abortion in Virginia. We saw bills requiring all women seeking an abortion to undergo an ultrasound, banning all private insurance carriers from offering vital abortion coverage, three separate bills granting personhood rights to zygotes and the usual TRAP –targeted regulations of abortion providers – bill. Fortunately, regardless of whether the anti-abortion bills started in the House or the Senate, the Senate Education and Health Committee defeated them one by one.

By the second to the last week of the General Assembly, pro-choice supporters felt cautiously optimistic at seeming to survive another year with no new restrictions on valuable abortion care. During this time, anti-abortion legislators were planning their last minute attack on abortion rights. As we reported recently, in the closing hours of the 2011 General Assembly session, reckless anti-choice legislators used an unrelated bill to sneak in and force through a last-minute amendment targeting abortion providers. The amendment requires the Board of Health to regulate first-trimester abortion providers as a type of “hospital.”

The bill in question, Senate bill 924, had already passed the Senate. Delegate Kathy Bryon (R-Campbell County) attached the new hospital amendment in the House.  Since the Senate bill 924 had already gone through committee before the amendment was proposed, it was no longer able to go to the Senate Education and Health Committee with the new amendment. Through gimmickry, they managed to move Virginia backward regarding access to vital health care. Now the bill is on its way to anti-choice crusader Governor McDonnell, who has expressed intentions to sign the bill. Once the governor signs the bill into law, the regulatory process will begin.

After Governor McDonnell signs the bill into law, it will then go to the State Board of Health to determine the regulations for the abortion clinics. There are fifteen members of the Board of Health, eleven of whom have been appointed by ex-Governor Kaine. However, “by the end of his four-year term, McDonnell will have appointed 11 members of the board, which appears to have the power to reconsider regulations at any time.” The Board of Health has 280 days to design the new regulation for abortion clinics. In the meantime, the Board of Health will probably hold two public hearings before making any decision. There are currently a number of other states that are trying to pass similar abortion regulation bills.

Last Friday, the state Board of Health held their quarterly meeting. One item on the agenda stood out among the rest: the legislative update.

Normally, the Board of Health would take up to two years to adopt new regulations. The typical period would include several opportunities for written and oral comments from the public. The lengthy process makes sense. New regulations should not be taken lightly and both the Board and the public should have ample opportunity to consider and comment on how new rules would affect access to services.

But those opposed to abortion access are not about to give the public ample time to weigh in.

The staunchly anti-choice, anti-woman McDonnell administration and its General Assembly allies seem to be weary of any public comment derailing their assiduous, out-of-touch efforts to limit and eliminate access to safe, legal abortion in the Commonwealth. Therefore, they are requiring the Board of Health to adopt “emergency regulations,” a tactic rarely used in Virginia.

The emergency regulation process severely curtails public comment and essentially grants the governor the power to draft regulations of his choosing. Here is what we know about the process so far:

• The Board of Health will study regulations in other states and have draft regulations available on September 1, which they will only distribute to the public by request. (We will be requesting the regulations and will make them available.)
• On September 15, the Board will hold its quarterly meeting. At this meeting, members of the public will have two minutes each to comment on proposed regulations. Following comment and deliberation, the Board will vote on new regulations during this same meeting.
• Once the Board weighs public comment and votes on the new regulations, the proposed rules will be in the hands of the McDonnell administration to shape, tweak and edit with no further review or public comment necessary!

Essentially, anti-choice legislators have found a way to bulldoze through unwarranted and unnecessary regulations that could leave Virginia with fewer than five first-trimester abortion providers.

So we have a lot of work ahead. We refuse to let anti-choice zealots operate in complete secrecy in their unrelenting assault on women’s rights.

Ask Governor McDonnell to veto new abortion restrictions [Action Alert]

Anti-choice politicians in Virginia have shown yet again just how far they are willing to go to increase government interference in reproductive health care and restrict Virginia women’s ability to choose abortion.

Now it’s time to show them that we won’t back down.

The Virginia General Assembly’s anti-choice legislators launched a sneak attack as the 2011 legislative session came to a close. Members in the House of Delegates added an amendment onto a bill that originally had nothing to do with abortion that redefines first-trimester abortion providers’ facilities as “hospitals” and instructs the State Board of Health to single them out from among similar medical professionals for additional regulation.

Anti-choice Lt. Gov. Bill Bolling cast the tie-breaking vote to pass this bill in our state Senate. Now this legislation moves to Gov. Bob McDonnell, who could sign it any day now.

This is a blatant attempt to put the majority of Virginia’s abortion providers out of business and cut off the ability of women throughout the Commonwealth to access safe, legal abortion care.

I hope you will join us in telling Gov. McDonnell that this egregious attack on reproductive health-care providers and the women they serve is unacceptable.

Even if the governor chooses to place women’s health in danger and signs this legislation into law, this fight is far from over. It would then be up to the State Board of Health to issue new regulations, which means we will have a chance to ensure that abortion providers are not unfairly singled out to serve an ideological agenda.

NARAL Pro-Choice Virginia is ready to fight back and mobilize pro-choice Virginians to oppose regulations that would restrict a woman’s right to choose in our state. Will you join us?

It will be a tough battle, but access to abortion and reproductive health care is just not something Virginia’s women can afford to lose. That’s why we need you to contact the governor today to protect women’s rights and health. Thank you for your support!

Restricting choice in Virginia by attacking abortion providers

At the last minute, reckless legislators restrict reproductive choice in Virginia by moving to regulate abortion providers as hospitals

Anti-choice legislators in the Virginia General Assembly have been trying for decades to restrict a woman’s right and ability to access abortion care in the commonwealth in any way they can. In particular, they’ve tried and failed for years to implement targeted regulation on abortion providers (or TRAP) laws, which single out providers for onerous and unnecessary restrictions in an effort to shut them down and deny women access.

This year’s legislative session was no different. NARAL Pro-Choice Virginia pushed back all session long against a series of legislative attacks on reproductive freedom, which up until this week were all defeated in the Senate Committee on Education and Health. After many weeks of fighting off anti-choice legislation in the House and Senate, it seemed that our battle to protect reproductive choice this session was finished.

But this past week, as the 2011 legislative session came to a close, anti-choice politicians mounted a successful last-minute sneak attack on Virginia’s first-trimester abortion providers and the women they serve. In the House of Delegates last Monday, anti-choice Del. Kathy Byron added an amendment to SB924 – a bill dealing with hospitals and nursing homes that originally had nothing to do with abortion – in order to change the definition of “hospital” to include “facilities in which five or more first-trimester abortions per month are performed.”

The amended bill was then sent back to the state Senate, where after lengthy and heated debate and despite the quick response of many of our members and activists to contact their elected officials, the bill managed to squeak by with a 20-20 tie vote, with conservative Democrats Senator Charles Colgan (D-Prince William County) and Senator Phillip Puckett (D-Tazewell) voting to approve the new restrictions. That left it to anti-choice Lt. Governor Bill Bolling to break the tie, and the bill was passed. This legislation is now on its way to Governor McDonnell, who has already promised to sign it into law. (See the full votes here.)

Over the course of two days of debate, our choice champions in the Senate stood up to support Virginia women by decrying this insidious and devastating attack on reproductive care. We thank all our allies in the Senate who voted against this anti-choice legislation (see votes listed here), but we want to extend special gratitude to the following senators who spoke passionately on the floor about this bill’s true motives and the devastating impact it could have on reproductive choice in Virginia.

• Sen. Mark Herring (D-Loudoun)
• Sen. George Barker (D-Alexandria)
• Sen. John Edwards (D-Roanoke)
• Sen. Dave Marsden (D-Burke)
• Sen. Patsy Ticer (D-Alexandria)
• Sen. Mary Margaret Whipple (D-Arlington)
• Sen. Richard Saslaw (D-Springfield)
• Sen. Mamie Locke (D-Hampton)
• Sen. Ralph Northam (D-Norfolk)
• Sen. Janet Howell (D-Reston)

Be sure to send a quick thank-you note to the senators who voted “no”, especially if you are a constituent, thanking them for voting to protect reproductive freedom and healthcare!

If your senator is one of the 20 who voted in favor this egregious legislation, they also need to hear from you. Tell them that attacking women’s reproductive rights under the guise of protecting women’s health is not acceptable.

“If anybody thinks this is about women’s health, get a life…”

So what does this all mean?

This new law will allow the state’s Board of Health to force first-trimester abortion providers to conform to medically unnecessary hospital-level regulations in order to stay open. By making abortion providers jump through onerous regulatory hoops not required of similar doctor’s offices providing outpatient surgeries, anti-choice politicians hope they can shut down as many providers as possible and drastically reduce women’s access to safe, legal abortion care in Virginia.

Throughout the floor debate, anti-choice legislators attempted to claim the bill was about protecting women’s health and safety. They made inaccurate statements to imply that Virginia’s abortion providers are currently unregulated or unsafe, which we know is completely untrue.  First-trimester abortion providers in Virginia already adhere to regulations from the Board of Health Professions, the Board of Medicine and other licensing and regulatory bodies. First-trimester abortion remains one of the safest medical procedures a woman can undergo, similar to or safer than comparable office-based procedures such as colonoscopy or cosmetic surgery.

As NARAL Pro-Choice Virginia’s Executive Director Tarina Keene noted, “”This is not about safety for women. This is about ideology, and this is about politics…The women of the commonwealth are going to be the ones left to suffer.” In the words of Majority Leader Sen. Richard Saslaw, “If anybody thinks this debate is about women’s health, get a life. The only physician we have in this body has said what nonsense this is.”

At a time when Virginians are concerned about jobs, education, transportation and health care, our out-of-touch General Assembly has voted to remove women’s access to basic, vital and potentially life-saving abortion care. The passage of such far-reaching legislation will make Virginia the first state in the country requiring first-trimester abortions take place in a hospital. It could even make abortion providers adhere to hospital-like architectural standards. The rules and regulations for hospitals (including size of parking lot, hallways, elevator doors and other architectural requirements) would require massive, cost-prohibitive structural changes for most doctor’s offices that provide abortion. Most of Virginia’s providers could not afford the cost of $1.5 and $2.0 million in changes and could be forced to close. This would also leave Virginia women with less access to other valuable services besides abortion as well, since many of these clinics also offer basic family planning services, gynecological exams and other reproductive health care.

What’s next?

Senator Howell summed up the tone of the day by stating, “This is a sad, sad day for Virginia women and our families.” But luckily, this fight is not over with the passage of this legislation.  It will now be up to the State Board of Health to issue new regulations regarding abortion providers, which means we will have a chance during the public comment period to ensure that abortion providers and the women they serve are not unfairly singled out to serve an ideological agenda.

The passage of this legislation is also another example of why this fall’s election season is so critical for the future of reproductive freedom in Virginia. Yesterday reminded us too keenly of the fact that we do not have a pro-choice majority in either the House of Delegates or the Senate, and that the executive branch is decidedly anti-choice. This fall, with all 140 General Assembly seats up for reelection, we must protect our legislative allies and work to elect more legislators who will stand up for reproductive freedom. If we don’t, this legislation will just be the tip of the iceberg.

We will have a lot of work to do in the coming months to fight back against this attack on abortion access and gear up for this fall’s elections – and we will need your help every step of the way. Keep up with us on the web, through Facebook, Twitter, Tumblr and right here on our blog. Be sure to sign up for our Choice Action Network alerts so you’ll get the latest updates about reproductive rights in the Commonwealth and what you can do. And if you can, please consider making a contribution to support NARAL Pro-Choice Virginia and enable us to continue this fight.  We can’t do it without you.