The Office of Attorney General just released this news release:

Attorney general certifies abortion facilities regulations 

RICHMOND (September 26, 2012) - Attorney General Ken Cuccinelli's office sent notice today to Dr. Karen Remley, Commissioner of the Virginia Department of Health, that it has certified that the Board of Health had the statutory authority under Virginia law to adopt the abortion facilities regulations it adopted at its September 14 meeting. The office also certified that the proposed regulations are constitutional and do not conflict with existing federal or state laws or regulations. A copy of the letter is here.

After executive branch review, if the governor approves the regulations, they will be published by registrar of regulations for a 60-day comment period, then they will return to the Board of Health for final consideration.

The referenced letter, dubbed a "Memorandum," on the AG's letterhead, reads as such in its entirety:

MEMORANDUM

TO: Dr. Karen Remley

Commissioner

Virginia Department of Health

FROM: Allyson K. Tysinger

Senior Assistant Attorney General/Chief

Health Services Section

DATE: September 25, 2012

SUBJECT: Regulations for Licensure of Hospitals in Virginia

12 VAC 5-410-10 et seq.

Regulations for Licensure of

12 VAC 5-412-10 et seq.

I have reviewed the proposed amendments to the Regulations for Licensure of Hospitals in Virginia, 12 VAC 5-410-10 et seq., and the proposed Regulations for Licensure of Abortion Facilities, 12 VAC 5-412-10 et seq., that were adopted by the State Board of Health on September 14, 2012. The Board has the statutory authority to adopt these Regulations under Virginia Code § 32.1-12 and § 32.1-127. The proposed Regulations are constitutional and do not conflict with existing federal or state laws or regulations.