Now that I have been away from VDH for a year I can retrospectively see the steps that VDH took to promulgate Emergency Regulations and final Regulations for lincensure of Abortion clinics.
In April 2012, I refused to plagiarize CFR regulations, specifically LSC New Hospitals and re-enumerate it, then name it Virginia LSC for Abortion clinics. My manager was furious and undertook a vendetta to have me fired.
The work-around that VDH/OLC implemented was requiring the Abortion clinics to meet the standards outlined in this document:http://www.docstoc.com/docs/90101088/
I Suggest follow up: "In addition, abortion facilities shall comply with Part 1 and sections 3.1-1 through 3.1-8 and section 3.7 of Part 3 of the 2010 Guidelines for Design and Construction of Health Care Facilities of the Facilities Guidelines Institute, which shall take precedence over the Virginia Uniform Statewide Building Code pursuant to § 32.1-127.001 of the Code of Virginia."
Here's some additional background: http://www.oag.state.va.us/
Here is a link to the paper trail of the actions taken by VDH/OLC up to this final comments period:http://www.vdh.state.va.us/administration/
Here is the proposed Virginia Admistrative Code to support this travesty of justice: Part VII.
Design and Construction.
12VAC5-412-370. Local and state codes and standards.
Abortion facilities shall comply with state and local codes, zoning, and building ordinances and the Virginia Uniform Statewide Building Code (13VAC5-63). In addition, abortion facilities shall comply with Part 1 and sections 3.1-1 through 3.1-8 and section 3.7 of Part 3 of the 2010 Guidelines for Design and Construction of Health Care Facilities of the Facilities Guidelines Institute, which shall take precedence over the Virginia Uniform Statewide Building Code pursuant to § 32.1-127.001 of the Code of Virginia.
Entities operating as of the effective date of this chapter as identified by the department through submission of Reports of Induced Termination of Pregnancy pursuant to 12VAC5-550- 120 or other means and that are now subject to licensure may be licensed in their current buildings if such entities submit a plan with the application for licensure that will bring them into full compliance with this provision within two years from the date of licensure.
In order to determine whether the abortion facility is in compliance with this provision, the commissioner may obtain additional information from the facility or its architect concerning the design and construction of the facility.Note that VDH/OLC lack any statutory authority to use Federal LSC New Hospital regulations for state licensure service. VDH/OLC also lack any specific statutory authority to create State LSC statutes and or Virginia Administrative Codes that must be enforced by the State Fire Marshal. Therefore VDH/OLC exceeded the their authority and inserted reference to a set of guidelines that requires the facilities to interpret and implement Architectural, Fire Prevention and Fire Safety requirement s for construction and maintenance of NEW facilities.
These additional onerous and unnecessary requirements imposed on Abortion clinics are not justified by any preponderance of fact or matters of law in Virginia Code. In fact they are inconsistent with the lack of regulatory requirements and licensure for many other Dr. Office procedures involving anesthesia and surgical procedures on patients in clinics that are not required to meet the "Hospital- New" Life Safety Standards. It is clear that this an orchestrated attack solely directed and discriminating women exercising their constitutionally supported rights for healthcare in this Commonwealth. It is a mockery of women, healthcare services and freedom.
Virginia is being trampled by tyrants and bullies in our statehouse; who are driven by ignorance, hatred, and greed.