MEMOTo: Interested PartiesFrom: Virginia Coalition to Protect Women’s HealthDate: 12/2/14Re: What to expect during the abortion facility regulation review and amendment process

On December 4th, The Board of Health will vote to approve a Notice of Intent for Regulatory Action (NOIRA), kicking off a new phase of regulatory action regarding abortion facility licensure. A directive from Governor McAuliffe for the Virginia Department of Health to review the restrictions and the subsequent recommendation from Commissioner of Health Marissa Levine that medically unnecessary rules currently regulating women’s healthcare centers in Virginia should be amended triggered the vote.

During the review’s public comment period, VDH received 10,600 comments in favor of amending the regulations.The restrictions must be amended to bring these rules in line with all other healthcare facility regulations and reflect the medically appropriate science of first-trimester abortion services, as well as the safety record of abortion care. Amendments must be made to protect the confidentiality of patients and the safety of patients and providers.

What’s Next? - Timeline of the Regulatory Review Process:

December 4th: The Board of Health will vote on the NOIRA, and if they vote to approve it, that completes the first stage of the standard regulatory process. The standard regulatory process entails three stages (http://www.townhall.virginia.gov/UM/chartstandardstate.pdf): the NOIRA, the proposed regulations, and the final regulations. The full process could take up to two years.

Executive Branch Review: The executive branch has approximately 30 days to review and authorize the NOIRA.

30 Day Public Comment Period: Executive branch authorization will trigger a 30 day public comment period.

Board of Health Action: Following the closure of the comment period, the Board considers the public comment, drafts and votes on proposed amendments to the regulations, and submits the package of amendments they approved for executive branch review. The Board has six months to submit proposed amendments.

Executive Branch Authorization: The executive branch reviews and authorizes the Board’s proposed amendments. They have no deadline by which they must act.

60 Day Public Comment Period: Executive branch authorization will trigger a 60 day public comment period on the proposed amendments.

Board of Health Action:The Board considers the public comment, votes to finalize the amendmentsto the regulations (at which time they can move to make and approve any new amendments not brought up in the prior stage), and the Board then submits what they approved for a final round of executive branch

review. The Board approves final regulations no sooner than 15 days after the close of the public comment period, and must submit the final regulations for executive branch review no later than six months after the close of the comment period.

Executive Branch Authorization: The executive branch has no deadline by which they must act on the final regulations.

30 Day Final Adoption Period: The public may again submit comment during this final adoption period. When the 30 days and public comment forum end, the amended regulations are in effect.

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The Virginia Coalition to Protect Women’s Health formed in 2011 as a response to the attack on women’s health and safety prompted by Senate Bill 924. The Virginia Coalition to Protect Women’s Health strives to protect and ensure access for all women in all regions of Virginia to safe first-trimester abortion and comprehensive reproductive health care services. The Coalition is committed to ensuring any regulations are based solely on medical and public health considerations. The Coalition is opposed to excessive, burdensome or unneeded regulations that undermine patient access to medical care for political or ideological purposes. Members include: ACLU of Virginia, Amethyst Health Center for Women, Annandale Women and Family Center, Center for Reproductive Rights, Falls Church Healthcare Center, Feminist Majority Foundation, NARAL Pro-Choice Virginia, National Abortion Federation, Virginia Latina Advocacy Network, Planned Parenthood Advocates of Virginia, Progress Virginia, and Richmond Medical Center for Women.