Do Attorney General Cuccinelli and the VA Board of Health really think that laws can be selectively applied? Historically, selective application is associated with tyranny and abuse of power because it violates the basic rule of law and allows for the application of justice in an arbitrary manner. Aside from being inherently unjust, it almost inevitably leads to favoritism, bribery, and threats. Is it just me, or does this sound familiar?

While I understand the legal basis of this petition, I cannot in good conscience support the amendment of hospital regulations to conform to the unjust new interpretation of law by the Attorney General’s office.  It is unfortunate that Attorney General Cuccinelli has placed all hospitals and medical facilities at risk by setting this legal precedence, and in doing so jeopardizes access to healthcare for individuals, families and children throughout the Commonwealth.

I strongly oppose the final regulations for women’s health care centers which forces current providers of first trimester abortion to meet stricter physical plant standards than any other health care facility in the state – stricter than hospitals, nursing home facilities, hospices, and outpatient facilities. I also oppose the requirement of any existing hospital to come into compliance with Guidelines for Design and Construction of Health Care Facilities, which are specifically intended to apply only to new construction, not to existing facilities. However, if the provision of grandfathering cannot be applied to first trimester abortion facilities, it should not be applied to hospitals in the Commonwealth either.

Prohibiting grandfathering and applying these new burdensome guidelines to existing facilities will only result in further limiting access to health care, which is in conflict with the American Medical Association Code of Ethics, item IX: "A physician shall support access to medical care for all people." Additionally, it is my belief that in disregarding the testimony and recommendations of many experts in the fields of obstetrics, gynecology and women's health, the actions of the Board of Health are in conflict with item V of the Code of Ethics: "A physician shall continue to study, apply, and advance scientific knowledge, maintain a commitment to medical education, make relevant information available to patients, colleagues, and the public, obtain consultation, and use the talents of other health professionals when indicated." 

I urge the VDH and the Board of Health to deny this petition and to revisit any interpretation of code that makes that a questionable legal action. There is still time to rise to the standards and ethics of your profession, rather than bow to the wishes of elected officials.