I do not support the amendment of hospital regulations because all kinds of existing facilities should be allowed medically appropriate “grandfathering,” but I also do not support a selective application of the law that governs the physical plant requirements imposed on health care facilities in Virginia.

At first, the Board of Health voted on June 15, 2012, to amend the proposed regulations to “grandfather in” existing women’s health centers, meaning that the regulations would apply only to new construction of existing women’s health centers. However, the attorney general bullied the board into supporting a forced interpretation of the law in order to impose these unnecessary construction requirements onto existing facilities.

The attorney general’s office is incorrect about the board’s obligations under the law. Virginia law has never been interpreted to require existing facilities to meet building standards meant for new construction. While the law states that the board shall issue regulations for health care facilities, “consistent with the current edition of the 2010 Guidelines for Design and Construction of Hospital and Health Care Facilities,” the guidelines explicitly state that they are “intended as minimum standards for designing and constructing new health care facility projects.” Thus, the board’s initial refusal to apply the guidelines to existing facilities is “consistent with” the guidelines.

 No other type of health care facility in the state has been forced to rebuild its existing building under the attorney general’s interpretation of the law, even though the code section relied on by the AG applies to hospitals, nursing homes, hospice centers and outpatient surgical facilities. The guidelines are applied only to new construction for every other health care facility in Virginia. The Board of Health, under Virginia law, has never applied the guidelines to existing facilities — in each and every past instance, the board has applied the guidelines only to new buildings. Why are health centers that provide abortion care being treated differently from all other health care facilities?

Under the law, women’s health care centers cannot be treated differently from other health care facilities. The final regulations for women’s health care centers now force current providers of first trimester abortion to meet stricter physical plant standards than any other health care facility in the state — more strict than hospitals, nursing homes, hospices and outpatient facilities. There is no legitimate reason to impose a different interpretation of the law, mandating extremely onerous new construction standards on health care facilities that have been shown to safely provide first trimester abortion services to Virginia women for 40 years, especially when no other existing entity is required to meet those standards.

As the former Liaison between the VDH Office of Licensure and Certification and the Virgina State Fire Marshal's Office, I strongly believe that the issue of patient safety in Women's Health Centers has been highly Politicized. Last year, 2012, I was asked by my manager if I could use the Federal Life Safety Code Regulations for New Hospitals to create a "state" Life Safety Code for Abortion Clinics. This was to be implemented by simply changing the the nomenclature listing the regulatory elements of the code; e.g. Section 1 would be named Section V1. I responded that this would require approval from the Federal Centers for Medicare and Medicaid Services (CMS) for me to use their Life Safety Codes for purposes other than as specified under the Code of Federal Regulations. I also indicated that I would like to see the section of Virginia Administrative Code and supporting Virginia Law allowing me or any Agency to establish Virginia Life Safety Codes for Medical Facilities. This angered my manager and the office Director. As a result I was bullied, harassed and badgered and made to feel so uncomfortable that I expressed anger and was dismissed under trumped up charges. I was accused of workplace violence for allegedly stating to a co-worker that I wanted to kick my manager in the buttocks. After being tarred and feathered in the grievance process, my appeal was sent to a reputed "hanging" Administrative Law Judge for disposal, and a high powered Sands Anderson LLC attorney (the former head of Virginia Department of Employee Relations Counselors) was hired to represent the state in my case, should I proceed. I was dishonored, and out lawyered, crushed like an ant and kicked aside. That was my thanks for 13 years of honest and ethical service to the Commonwealth.