As someone who remembers the pre Roe v. Wade era, I can say that this unneccessary, over-reaching legislation will do great harm to women.  If "safety" is the rationale, why are so many more dangerous, life-threatening procedures allowed in doctors' offices with no such restrictions? This is truly a "war against women" who are being treated as incubators with little consideration for individual circumstances.

While I understand the legal basis of the petition, I can not support the amendment of hospital regulations to conform to the absurd new interpretation of law by the Attorney General’s office.  It is abhorrent that Ken Cuccinelli has placed all hospitals and medical facilities at risk by setting this legal precedence.

Women’s health care centers cannot be treated differently under the law. The final regulations for women’s health care centers 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. Abortion is no different from many other outpatient procedures that do not trigger the burdensome regulations that are now applied to women’s health care centers. 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 safely providing quality first trimester abortion care to Virginia women for 40 years, especially when no other existing entity is required to meet those standards.

Requiring existing abortion care facilities to comply with the 2010 Guidelines for Design and Construction of Health Care Facilities is inconsistent with the regulation of every other type of health care facility in Virginia. In justifying imposing this requirement on existing abortion facilities, the Department of Health incorrectly asserts that “the regulatory provisions pertaining to facility design [and] construction are written based on Virginia § 32.1-127.001.” But this statute does not mandate that existing facilities meet the Guidelines standards, and clearly no other type of facility in the state has been forced to rebuild its existing building as a result of Virginia Code § 32.1-127.001.   Every single time the Board has adopted regulations implementing this code section, it has applied the regulations only to new construction and renovations of existing buildings. No other health care facility has been forced to rebuild its existing structure to comply with these Guidelines, even though Virginia Code § 32.1-127.001 applies to hospitals, nursing homes, hospice centers, and outpatient surgical facilities.  These building restrictions have not even been applied to any existing hospitals in the state, much less outpatient services and facilities.

Imposing the massive costs of compliance with this unnecessary regulation on any hospital or medical facility in the state (including women’s health centers!) regardless of whether it will actually provide any benefit for patient safety and well-being is absurd.  That the Attorney General has set this new precedence, risking all medical facilities with his recent (mis)interpretation of the law, underscores the extent to which the abortion facility regulations are about politics and not health, and are designed to force women’s health centers to close their doors.

I understand that there can not be selective application of the law.  I am against requiring 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.  Applying these burdensome guidelines to existing facilities will only result in further limiting access to health care.  Additional wrongs do not make a right.  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!

I can't believe that, in 21st century America, we're still having these discussions. 

Unless the state is planning on holding ALL ambulatory surgery centers to the same standards, this will continue to boil down to state control of women's lives. Given the error and infection rates in Virginia hospitals, not even mentioning ambulatory surgical providers, I'd think the VA Dept. of Health would be more interested in driving down those stats - which kill real, living, sentient people, not cell clusters - but apparently our state government is more interested in controlling healthy, thinking women and the doctors that treat them.

Let's call it what it is: interference. Paternalism. Dare I say ... fascism?

While I understand the legal basis of the petition, I can not support the amendment of hospital regulations to conform to the absurd new interpretation of law by the Attorney General’s office.  It is abhorrent that Ken Cuccinelli has placed all hospitals and medical facilities at risk by setting this legal precedence.

Women’s health care centers cannot be treated differently under the law. The final regulations for women’s health care centers 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. Abortion is no different from many other outpatient procedures that do not trigger the burdensome regulations that are now applied to women’s health care centers. 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 safely providing quality first trimester abortion care to Virginia women for 40 years, especially when no other existing entity is required to meet those standards.

Requiring existing abortion care facilities to comply with the 2010 Guidelines for Design and Construction of Health Care Facilities is inconsistent with the regulation of every other type of health care facility in Virginia. In justifying imposing this requirement on existing abortion facilities, the Department of Health incorrectly asserts that “the regulatory provisions pertaining to facility design [and] construction are written based on Virginia § 32.1-127.001.” But this statute does not mandate that existing facilities meet the Guidelines standards, and clearly no other type of facility in the state has been forced to rebuild its existing building as a result of Virginia Code § 32.1-127.001.   Every single time the Board has adopted regulations implementing this code section, it has applied the regulations only to new construction and renovations of existing buildings. No other health care facility has been forced to rebuild its existing structure to comply with these Guidelines, even though Virginia Code § 32.1-127.001 applies to hospitals, nursing homes, hospice centers, and outpatient surgical facilities.  These building restrictions have not even been applied to any existing hospitals in the state, much less outpatient services and facilities.

Imposing the massive costs of compliance with this unnecessary regulation on any hospital or medical facility in the state (including women’s health centers!) regardless of whether it will actually provide any benefit for patient safety and well-being is absurd.  That the Attorney General has set this new precedence, risking all medical facilities with his recent (mis)interpretation of the law, underscores the extent to which the abortion facility regulations are about politics and not health, and are designed to force women’s health centers to close their doors.

I understand that there can not be selective application of the law.  I am against requiring 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.  Applying these burdensome guidelines to existing facilities will only result in further limiting access to health care.  Additional wrongs do not make a right.  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!

t and enter your comments here. You are limited to approximately 3000 words.

Attorney General Ken Cuccinelli and his Senior Assistant have advised VDH and the Board of Health that it has no authority to differentiate between new and existing hospitals when applying new regulations, and therefore does not have the authority to grandfather in existing abortion clinics.

Based on this new information one must conclude the Board of Health NEVER had the authority to grandfather in existing hospitals under new regulations in the past, which it has ALWAYS done including the original regulations for licensure of general hospitals in1947.  While the absurdity pains me, I must therefore support this petition to amend the Regulations for Licensure of Hospitals in Virginia - Chapter 410 of the Administrative Code - as it conflicts with Virginia Code 32.1-127.00.001.  

The Attorney General’s Office should certainly know that you can’t have selective application of the law.  Either ALL or NONE of the state's hospitals have to meet these standards. If, as they stated, existing hospitals cannot be grandfathered in, then all previous grandfathering was illegal, and ALL hospitals should now meet the currently existing code.  This is unacceptable.  Forcing hospitals who have been safely practicing in their current facilities for year to make unfounded structural changes will put Virginia hospitals out of business, limit access to health care, and increase costs.   However, if existing hospitals CAN be grandfathered in as they have always been, then so can the clinics, which are now defined as hospitals.

While I understand the legal basis of the petition, I can not support the amendment of hospital regulations to conform to the absurd new interpretation of law by the Attorney General’s office.  It is abhorrent that Ken Cuccinelli has placed all hospitals and medical facilities at risk by setting this legal precedence.

Women’s health care centers cannot be treated differently under the law. The final regulations for women’s health care centers 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. Abortion is no different from many other outpatient procedures that do not trigger the burdensome regulations that are now applied to women’s health care centers. 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 safely providing quality first trimester abortion care to Virginia women for 40 years, especially when no other existing entity is required to meet those standards.

Requiring existing abortion care facilities to comply with the 2010 Guidelines for Design and Construction of Health Care Facilities is inconsistent with the regulation of every other type of health care facility in Virginia. In justifying imposing this requirement on existing abortion facilities, the Department of Health incorrectly asserts that “the regulatory provisions pertaining to facility design [and] construction are written based on Virginia § 32.1-127.001.” But this statute does not mandate that existing facilities meet the Guidelines standards, and clearly no other type of facility in the state has been forced to rebuild its existing building as a result of Virginia Code § 32.1-127.001.   Every single time the Board has adopted regulations implementing this code section, it has applied the regulations only to new construction and renovations of existing buildings. No other health care facility has been forced to rebuild its existing structure to comply with these Guidelines, even though Virginia Code § 32.1-127.001 applies to hospitals, nursing homes, hospice centers, and outpatient surgical facilities.  These building restrictions have not even been applied to any existing hospitals in the state, much less outpatient services and facilities.

Imposing the massive costs of compliance with this unnecessary regulation on any hospital or medical facility in the state (including women’s health centers!) regardless of whether it will actually provide any benefit for patient safety and well-being is absurd.  That the Attorney General has set this new precedence, risking all medical facilities with his recent (mis)interpretation of the law, underscores the extent to which the abortion facility regulations are about politics and not health, and are designed to force women’s health centers to close their doors.

I understand that there can not be selective application of the law.  I am against requiring 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.  Applying these burdensome guidelines to existing facilities will only result in further limiting access to health care.  Additional wrongs do not make a right.  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!

I am not in support of the State's decision to regulate womens' bodies through the TRAP legislation.  It is very clear, as it does not appear that these constraints are placed on all ambulatory centers throughout the State, that the focus is on limiting the rights of women to access and control over their reproductive rights.  As a consitutent and taxpayer, I urge you all to overturn this ridiculous legislation which is nothing more than a subversive way to limit the rights afforded to all women as a result of Roe v. Wade.  The implications of such unnecessary legislation will be felt by generations and I think it's time for the legacy of opppression that the Commonwealth has in its past to be left there, starting with the elimination of TRAP.  Please do the right thing.  Present and future constituents are watching.

Attorney General Ken Cuccinelli and his Senior Assistant have advised VDH and the Board of Health that it has no authority to differentiate between new and existing hospitals when applying new regulations, and therefore does not have the authority to grandfather in existing abortion clinics.

Based on this new information one must conclude the Board of Health NEVER had the authority to grandfather in existing hospitals under new regulations in the past, which it has ALWAYS done including the original regulations for licensure of general hospitals in 1947.  While the absurdity pains me, I must therefore support this petition to amend the Regulations for Licensure of Hospitals in Virginia - Chapter 410 of the Administrative Code - as it conflicts with Virginia Code 32.1-127.00.001. 

The Attorney General’s Office should certainly know that you can’t have selective application of the law.  Either ALL or NONE of the state's hospitals have to meet these standards. If, as they stated, existing hospitals cannot be grandfathered in, then all previous grandfathering was illegal, and ALL hospitals should now meet the currently existing code.  This is unacceptable.  Forcing hospitals who have been safely practicing in their current facilities for year to make unfounded structural changes will put Virginia hospitals out of business, limit access to health care, and increase costs.   However, if existing hospitals CAN be grandfathered in as they have always been, then so can the clinics, which are now defined as hospitals.

We are heading into dangerous territory with selective application of the law as it applies to abortion providers and now hospitals. This will prove disparate treatement if not implimented to include hospitals. 

Attorney General Ken Cuccinelli and his Senior Assistant have advised VDH and the Board of Health that it has no authority to differentiate between new and existing hospitals when applying new regulations, and therefore does not have the authority to grandfather in existing abortion clinics.

Based on this new information one must conclude the Board of Health NEVER had the authority to grandfather in existing hospitals under new regulations in the past, which it has ALWAYS done including the original regulations for licensure of general hospitals in 1947/1948.  While the absurdity pains me, I must therefore support this petition to amend the Regulations for Licensure of Hospitals in Virginia - Chapter 410 of the Administrative Code - as it conflicts with Virginia Code 32.1-127.00.001.  

The Attorney General’s Office should certainly know that you can’t have selective application of the law.  Either ALL or NONE of the state's hospitals have to meet these standards. If, as they stated, existing hospitals cannot be grandfathered in, then all previous grandfathering was illegal, and ALL hospitals should now meet the currently existing code.  This is unacceptable.  Forcing hospitals who have been safely practicing in their current facilities for years to make unfounded structural changes will put Virginia hospitals out of business, limit access to health care, and increase costs.   However, if existing hospitals CAN be grandfathered in as they have always been, then so can the clinics, which are now defined as hospitals.

Attorney General Ken Cuccinelli and his Senior Assistant have advised VDH and the Board of Health that it has no authority to differentiate between new and existing hospitals when applying new regulations, and therefore does not have the authority to grandfather in existing abortion clinics.

Based on this new information one must conclude the Board of Health NEVER had the authority to grandfather in existing hospitals under new regulations in the past, which it has ALWAYS done including the original regulations for licensure of general hospitals in 1947/1948.  While the absurdity pains me, I must therefore support this petition to amend the Regulations for Licensure of Hospitals in Virginia - Chapter 410 of the Administrative Code - as it conflicts with Virginia Code 32.1-127.00.001.  

The Attorney General’s Office should certainly know that you can’t have selective application of the law.  Either ALL or NONE of the state's hospitals have to meet these standards. If, as they stated, existing hospitals cannot be grandfathered in, then all previous grandfathering was illegal, and ALL hospitals should now meet the currently existing code.  This is unacceptable.  Forcing hospitals who have been safely practicing in their current facilities for years to make unfounded structural changes will put Virginia hospitals out of business, limit access to health care, and increase costs.   However, if existing hospitals CAN be grandfathered in as they have always been, then so can the clinics, which are now defined as hospitals.

No one is fooled by the pretense that the regulations for clinics that provide abortions to adhere to hospital standards is for women's health and safety.  If that were the case, these same regulations would apply to ALL clinics that perform invasive procedures.  The hypocrisy is so obvious it is ludicrous.

It was an idiotic decison for you to folow our Attorney General's demands. oops. 

I oppose the hypocritical and wholly unnecessary TRAP law with every fiber of my being, and urge the Department of Health to amend it such that the law is applied consistently to all outpatient healthcare facilities, or none at all. There is simply no non-political reason to target abortion providers, and I was under the impression that we live in a Commonwealth, rather than a fascist theocracy run by Ken Cuccinelli and dictated by his personal distaste for women's autonomy.

If a law is applied to a common agency, that application sets precedence for other like agencies.  Playing with laws and applying them at one's pleasure is a folly for any politician.  It is wrong and it is not justifiable.  I take great pride in coming from one of the FFVA (First Families of Virginia) families (Tidewater) and take pride in coming from a state that some of our founding fathers were residents.  George Washington wrote in the Article 11 of the 1797 Treaty of Tripoli:  “The government of the United States is not, in any sense, founded on the Christian religion.” I understand it had to do with our conflict with another nation but it concurs with the separation of church and state.  We all have personal idealogies, however those are not to overrun the rights of other citizens who don't agree with those idealogies.  The founding fathers understood about religious persecution and the importance of religious freedom.  If you start placing religion in the regulation of laws and politics, you start down the slippery slope of persecution.  That, is unConstitutional and very unAmerican.  That is extremism at its worst and facsism at its best.  Suppression of any part of the population falls under those catagories.  Two points here:  laws are to be applied equally and suppression is extremism.  Folly for any politician or political party.  
Shiela Brown

Cuccinelli's attempt to prevent Virginia's existing abortion clinics from being grandfathered in under the new regulations passed by the Board of Health is selective enforcement at its finest. He is clearly attempting to bend the rules to serve his agenda. Gandfathering either is or is not allowed, and if its not then the Virginia Board of Health needs to make sure that all hospitals that have been grandfathered in under previous changes to hospital building code/regulation are closed until they can be brought up to code. That is, if this really is about the health and safety of Virginia's citizens and not just a case of government (and one arrogant, self-righteous Attorney General) overstepping its bounds to police the private lives of its citizens.

Please do not let TRAP pass; it dehumanizes women and makes us out to be - as someone prior so brilliantly put it - incubators and nothing more. Women just like men deserve human rights and by TRAP passing legislation, we lose our basic human rights. So please really think all of this through and consider how you could be hurting so many women who only deserve to live their lives to the best of their ability just like men. 

The utter hypocrisy of the TRAP regulations that are being imposed only on women's health centers really stands out in light of this request to review all hospitals.   If any hospital has been grandfathered when new regulations were implemented than there is no legitimate reason that the abortion clinics should be excluded from what is a common practice. 

On face value, this intrustion is so egregious on so many levels, I do not even know where to begin with stating my opposition to this measure.

My belief is that when intelligent people agree to work toward suppression of individual rights, then there is no logic that will appeal to your common sense.

Having said that, It is my hope that you all LOVE YOURSELVES ENOUGH to not want this to happen to you and do the only sensible correct thing and vote this intrustion out of our lives.

I THANK YOU FOR THE OPPORTUNITY TO PRESENT MY THOUGHTS TO YOU.

Peace and Blessings

lillie

Lillie A. Estes

Seriously why is this converstaion happening... Virginia legislature is turning back the clock for wymns health (because not all clinics only provide abortion coverage but also pregancy, motherhood, and routine health care) from bullying racist homophobic sexist patriariachal scum such as Ken Cooch, McDonnel , and all tiest politicans VA (and amerika) have to offer. I find it terrifying that so much public national outrage did not hinder the GOPs even though there image is now tarnished for blacks/african americans and wymn forever. All political parties are corrupt exploitating bigots but the Grand Ole' Party. You sir take the finest cake of ole skool sexism that compares to islamic iran, suadia arabia, and bahrain. Congradulations VA legislature you've given me another reason to leave my home of Richmond. to you all!

While I understand the legal basis of the petition, I can not support the amendment of hospital regulations to conform to the absurd new interpretation of law by the Attorney General’s office.  It is abhorrent that Ken Cuccinelli has placed all hospitals and medical facilities at risk by setting this legal precedence.

Women’s health care centers cannot be treated differently under the law. The final regulations for women’s health care centers 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. Abortion is no different from many other outpatient procedures that do not trigger the burdensome regulations that are now applied to women’s health care centers. 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 safely providing quality first trimester abortion care to Virginia women for 40 years, especially when no other existing entity is required to meet those standards.

Requiring existing abortion care facilities to comply with the 2010 Guidelines for Design and Construction of Health Care Facilities is inconsistent with the regulation of every other type of health care facility in Virginia. In justifying imposing this requirement on existing abortion facilities, the Department of Health incorrectly asserts that “the regulatory provisions pertaining to facility design [and] construction are written based on Virginia § 32.1-127.001.” But this statute does not mandate that existing facilities meet the Guidelines standards, and clearly no other type of facility in the state has been forced to rebuild its existing building as a result of Virginia Code § 32.1-127.001.   Every single time the Board has adopted regulations implementing this code section, it has applied the regulations only to new construction and renovations of existing buildings. No other health care facility has been forced to rebuild its existing structure to comply with these Guidelines, even though Virginia Code § 32.1-127.001 applies to hospitals, nursing homes, hospice centers, and outpatient surgical facilities.  These building restrictions have not even been applied to any existing hospitals in the state, much less outpatient services and facilities.

Imposing the massive costs of compliance with this unnecessary regulation on any hospital or medical facility in the state (including women’s health centers!) regardless of whether it will actually provide any benefit for patient safety and well-being is absurd.  That the Attorney General has set this new precedence, risking all medical facilities with his recent (mis)interpretation of the law, underscores the extent to which the abortion facility regulations are about politics and not health, and are designed to force women’s health centers to close their doors.

I understand that there can not be selective application of the law.  I am against requiring 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.  Applying these burdensome guidelines to existing facilities will only result in further limiting access to health care.  Additional wrongs do not make a right.  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!

I oppose this intrusion into the space between a woman and her doctor

Although it may be a costly event, I am convinced that hospitals in Virginia must either comply with the newest building standards or be forced to shut down.  They should never have been grandfathered in in the first place.  Also, I don't think this petition goes far enough.  As long as abortion clinics will have to meet the new guidelines, other outpatient clinics like dentists offices, plastic surgey clinics and even vetenarian clinics should have to undergo the new changes as well.  We must do everything we can to assure patient safety in Virginia.  Our women aren't the only ones who deserve better.   Men, children and dogs deserve better too.  

The women of Virginia deserve to have equal access to clinics that provide health care services and family planning services in our state.  Services that include mammograms, pap smears, STD testing, contraceptive care, and abortion care are currently operating within Virginia's health and regulatory guidelines, and they always have.  Wider hallways, water fountains, extra parking spaces, and larger janitorial closets are NOT a means, in and of themselves, to insure women's safety in outpatient facilities.  If the new regulations that currently target only women's health clinics were truly about the safety of women, then any and all outpatient clinics in the state of Virginia that currently perform or provide procedures that are considered invasive ( Ex:  colonoscopy, plastic surgery, dental surgery, etc.) and which might require emergency care should also be regulated with the same guidelines that are now being required of women's health clinics alone.

If in fact the Board of Health DOES NOT have the authority (as stated by Attorney General Ken Cuccinelli) to "grandfather in" existing clinics, then they never have had the authority to grandfather in any existing clinic/hospital within the state.  ALL clinics/hospitals in Virginia need to operate within the current guidelines selectively applied to women's health clinics, and any previous regulations that excluded existing clinics from current law should now be required to abide by  all "new" regulations and guidelines since the Board of Health's inception.  I support this petition to amend the Regulations for Licensure of Hospitals in Virginia - Chapter 410 of the Administrative Code - as it conflicts with Virginia Code 32.1-127.00.001.

Attorney Generals in the state of Virginia are not allowed to selectively apply the laws of our state. 

If the law is that existing facilities can't be grandfathered in, then it must apply to all existing inpatient and outpatient facilities..

The Board of Health is not a politcal body, is it?  If not, then why are members like John Seeds and Amy Vest allowed to vote while publicly stating their personal bias?  Amy Vest clearly has no idea what she is voting for, nor do I think she even actually read the regulations.  The proponents of these regulations spew nothing but irrelevant lies and misinformation, and use religion and personal bias to further their selfish ideals.  The opponents are doctors, scientists, and activists that do good for the VA communities.  The fact that Amy Vest fell on the side of the misinformed, and was able to make a decision affecting VA women, is emabrrassing and devastating.  The  VBCOA is in charge of fixing "creaky" stairs.  This has nothing to do with creaky stairs and the fact that she testified a story of hearsay with NO relevance to the vote at hand is terrifying.  This is about HEALTH, not politics.

Or is it? If this is TRULY about safety, then why are we keeping hospitals open that don't follow those same regulations? 

Abortion is legal for a reason. The AG Ken Cuccinelli bullied the BOH after their June 2012 vote and that is CLEAR otherwise why would we need to revisit this? Can I trust our BOH to make further decisions if it is so clear that they are pushing their own personal agenda?  These people cannot step out of their rich, white, christian shoes and see any other reality beyond their comfortable life in VA suburbia.  THERE IS A REASON ABORTION IS LEGAL.  If this is NOT a ploy to control women and their bodies, then I need to see these "safety regulations" applied to ALL hospitals, even the ones that were grandfathered.  I am just as invested in safety as the BOH SAYS they are. 

This is nothing more than a thinly veiled attempt at closing down clinics that provide important healthcare for women. The requirements that were previously established are aimed purely at closing clinics, and hospitals are taking a hit because of ideological beliefs instead of actual care for patients' well-being.

Grandfathering clinics and hospitals is the only correct thing to do. I am ashamed of my state's leadership that this law has even come into existence in the first place, because it is clearly not directed at actual healthcare or safety. Please stop your assault on reproductive rights and control, it is not appreciated.

I'd like to make 2 points:

1) While I do not agree with some of it's recent descisions (Citizens United), the Supreme Court deemed abortion a fundamental right under the United States Constitution, thereby subjecting all laws attempting to restrict it to the standard of strict scrutiny.

2) If the same underlying arguements (saving lives and morality) for making abortions illegal were applied to gun control, it won't even be an issue.

No hospital of any kind should be regulated out of business by unnecessary structural updates with no evidence of improved outcomes.  It is therefore obvious that the decision to ignore the precedent of grandfathering is an advancement of religious ideology.

I agree with S C Coleman's comments below and as follows:

"Cuccinelli's attempt to prevent Virginia's existing abortion clinics from being grandfathered in under the new regulations passed by the Board of Health is selective enforcement at its finest. He is clearly attempting to bend the rules to serve his agenda. Grandfathering either is or is not allowed, and if it is not, then the Virginia Board of Health needs to make sure that all hospitals that have been grandfathered in under previous changes to hospital building code/regulation are closed until they can be brought up to code. That is, if this really is about the health and safety of Virginia's citizens and not just a case of government (and one arrogant, self-righteous Attorney General) overstepping its bounds to police the private lives of its citizens."

Mr. Cuccinelli has a history of overstepping his bounds as Attorney General/being dead wrong. You can't have it both ways. I, for one, am incensed that individuals in public office in Virginia continue to misrepresent their constituencies by trying to force their "social issues" views down everyone else's throats. If all the energy exerted in the past few years over abortion issues had been instead spent on the State's real problems, we probably would no longer need to focus on jobs, transportation or any other legitimate issue.  My suggestion is that you get a backbone and do your jobs for the people of this State, not just for Mr. Cuccinelli, and you quit wasting time and energy and money on witch hunts. Either make all hospitals, clinics, etc. come up to code or get rid of your ridiculous decision to only have it apply to abortion clinics.

Roe v Wade is the law of the land.  No Virginia, there is no Santa Clause and you have no right over my body.  

While I understand the legal basis of the petition, I can not support the amendment of hospital regulations to conform to the absurd new interpretation of law by the Attorney General’s office.  It is abhorrent that Ken Cuccinelli has placed all hospitals and medical facilities at risk by setting this legal precedence.

Women’s health care centers cannot be treated differently under the law. The final regulations for women’s health care centers 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. Abortion is no different from many other outpatient procedures that do not trigger the burdensome regulations that are now applied to women’s health care centers. 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 safely providing quality first trimester abortion care to Virginia women for 40 years, especially when no other existing entity is required to meet those standards.

Requiring existing abortion care facilities to comply with the 2010 Guidelines for Design and Construction of Health Care Facilities is inconsistent with the regulation of every other type of health care facility in Virginia. In justifying imposing this requirement on existing abortion facilities, the Department of Health incorrectly asserts that “the regulatory provisions pertaining to facility design [and] construction are written based on Virginia § 32.1-127.001.” But this statute does not mandate that existing facilities meet the Guidelines standards, and clearly no other type of facility in the state has been forced to rebuild its existing building as a result of Virginia Code § 32.1-127.001.   Every single time the Board has adopted regulations implementing this code section, it has applied the regulations only to new construction and renovations of existing buildings. No other health care facility has been forced to rebuild its existing structure to comply with these Guidelines, even though Virginia Code § 32.1-127.001 applies to hospitals, nursing homes, hospice centers, and outpatient surgical facilities.  These building restrictions have not even been applied to any existing hospitals in the state, much less outpatient services and facilities.

Imposing the massive costs of compliance with this unnecessary regulation on any hospital or medical facility in the state (including women’s health centers!) regardless of whether it will actually provide any benefit for patient safety and well-being is absurd.  That the Attorney General has set this new precedence, risking all medical facilities with his recent (mis)interpretation of the law, underscores the extent to which the abortion facility regulations are about politics and not health, and are designed to force women’s health centers to close their doors.

I understand that there can not be selective application of the law.  I am against requiring 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.  Applying these burdensome guidelines to existing facilities will only result in further limiting access to health care.  Additional wrongs do not make a right.  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!

Attorney General Ken Cuccinelli and his Senior Assistant have advised VDH and the Board of Health that it has no authority to differentiate between new and existing hospitals when applying new regulations, and therefore does not have the authority to grandfather in existing abortion clinics.

Based on this new information one must conclude the Board of Health NEVER had the authority to grandfather in existing hospitals under new regulations in the past, which it has ALWAYS done including the original regulations for licensure of general hospitals in 1947/1948.  While the absurdity pains me, I must therefore support this petition to amend the Regulations for Licensure of Hospitals in Virginia - Chapter 410 of the Administrative Code - as it conflicts with Virginia Code 32.1-127.00.001.  

The Attorney General’s Office should certainly know that you can’t have selective application of the law.  Either ALL or NONE of the state's hospitals have to meet these standards. If, as they stated, existing hospitals cannot be grandfathered in, then all previous grandfathering was illegal, and ALL hospitals should now meet the currently existing code.  This is unacceptable.  Forcing hospitals who have been safely practicing in their current facilities for years to make unfounded structural changes will put Virginia hospitals out of business, limit access to health care, and increase costs.   However, if existing hospitals CAN be grandfathered in as they have always been, then so can the clinics, which are now defined as hospitals.

Last spring, as members of and public servants on the independent Virginia Board of Health, a majority of you acted in the public interest by grandfathering in structural requirements for existing abortion clinics and exempting them from the medically unnecessary and ideologically driven TRAP regulations designed to put most of them out of business. Then, the ethically and morally challenged Attorney General Ken Cuccineli used bullying and intimidation tactics, along with bad legal advice that ignored past precedence, to strong arm a majority of the board into reversing course. Now, you either have to exempt these TRAP regulations from being applied to existing abortion clinics, or you have to apply all new regulations in like manner to existing hospitals and outpatient surgery clinics.  Equal protection of the law does not allow selective and targeted enforcement based on ideology, politics or religious beliefs.

TRAP has no place in Virgina nor anywere. SAY NO

The Virginia Board of Health must apply the regulations of hospitals fairly and equally. They have decided that all existing clinics that provide abortions must meet these regulations and that the BOH does not have the authority to grandfather in existing clinics. But they have grandfathered in other hospitals in the past. They must grandfather in existing abortion clinics or require all hospitals to meet BOH regulations.

All laws must be applied equally to all hospitals, whether they were established before 2005 or after, and whether or not they provide abortions.

The Governor has abused his position (again). Democracy must take its course.

Based on this new information one must conclude the Board of Health NEVER had the authority to grandfather in existing hospitals under new regulations in the past, which it has ALWAYS done including the original regulations for licensure of general hospitals in 1947.  While the absurdity pains me, I must therefore support this petition to amend the Regulations for Licensure of Hospitals in Virginia - Chapter 410 of the Administrative Code - as it conflicts with Virginia Code 32.1-127.00.001. 

The Attorney General’s Office should certainly know that you can’t have selective application of the law.  Either ALL or NONE of the state's hospitals have to meet these standards. If, as they stated, existing hospitals cannot be grandfathered in, then all previous grandfathering was illegal, and ALL hospitals should now meet the currently existing code.  This is unacceptable.  Forcing hospitals who have been safely practicing in their current facilities for year to make unfounded structural changes will put Virginia hospitals out of business, limit access to health care, and increase costs.   However, if existing hospitals CAN be grandfathered in as they have always been, then so can the clinics, which are now defined as hospitals.

I believe that the TRAP reglations must be applied uniformly.  They should pertain to all hospitals, whether they were established before 2005 or after, and whether or not they provide abortions. You can't grandfather some facilities and not others.  

These new regulations are restrictive and irrelevant to patient care. It's obvious that their passage was a tactic to restrict abortion access by imposing an undue and unique burden on clinics which perform abortions, in order to force them to shut down and stop offering services to women who can't afford hospitalization by a private practitioner.

If the state wishes to impose these burdens on abortion clinics, it must either prove that abortions pose a special risk which can only be mitigated by requiring outdoor awnings and linen closets, or it must impose the new standards consistantly. Virginia must apply the regulations equally to all clinics where minor surgeries are performed. This will need to include dentist, orthodontist, and cosmetic surgery establishments.

It is a regulatory agency's job to ensure public safety, not to enforce religious judgements against some medical procedures over others.

Abortions are no more dangerous than services provided at a dentist's, orthodontist's, or plastic surgeon's office. In fact, first trimester abortions are far less dangerous than any procedure involving anesthesia, such as oral surgery or liposuction. If these regulations are really so important to patient health, they should be applied uniformly.

If they are not important to patient health, they are a biased attempt to restrict access to a legal medical procedure, and should be striken from law.