This morning, we issued a request to Governor Tomblin that his administration issue a 48-hour stand-down of the abortion industry in West Virginia to ensure they are meeting sufficient health and safety standards.  We simply want to make sure that the abortion industry in West Virginia is operating safely.

Since then, I have done an interview with MetroNews and a few have privately asked me a few questions related to this request.  Let me use this forum to help answer some questions that may be outstanding in your mind about our request.  If you have other questions, ask them in the comments section below.  I’ll try to answer them as I have opportunity.

Does the Governor have the authority to issue a stand-down of the abortion industry?

We believe that he does.  The governor is the chief executive of the State of West Virginia.  He is chiefly charged with ensuring that the laws of West Virginia are enforced.  That enforcement is done through the executive branch by both officers and agencies.

In this case, it would make sense for the Governor to ask the Attorney General – the state’s chief law enforcement official – to conduct a reasonable audit of the state’s abortion industry.  Those facilities that rely heavily upon state medicaid dollars to conduct their abortions should be asked to verify that they are in compliance with state law, reporting requirements, etc.  That’s the minimum.  Because Pennsylvania law enforcement only discovered the horrors of Gosnell’s practice by means of an investigation into illegal pain killer distribution, the Attorney General would be within his prerogative to work with local law enforcement to ensure state-issued medical licenses and prescription permissions are up-to-date by those given authority to the same within the industry.

In addition, it would seem to make sense for the West Virginia Department of Health and Human Resources to involve themselves.  That agency is generally responsible for ensuring the health and safety of West Virginians.  What that means for the abortion industry is unclear.  But, if DHHR oversees Medicaid, then they likewise have a responsibility to ensure there is no fraud.  Given the several cases of Medicaid fraud currently pending throughout the abortion industry throughout the country, it is reasonable for the DHHR to engage a minimal review of the abortion industry’s compliance.  If, as we suspect could be the case, DHHR has a responsibility to ensure the abortion is meeting adequate safety standards, then a more invasive review of the abortion industry may be called for by state regulators.

There are, perhaps, other means by which the Governor could use his office to ensure our sisters and daughters are well-protected from an industry that we know is under investigation (criminal and civil) and has been convicted of gross violations of state law across this country.

Who regulates the abortion industry in West Virginia?

To be entirely candid: I really don’t know.  Because we cannot find any state agency willing to raise their hand and claim responsibility for regulating this industry, we are assuming – until proven otherwise – that the industry is left to regulate itself.  That is, without state oversight, they are left to volunteer violations of health, sanitary, bookkeeping, and other necessary standards that would protect from abuse.

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About Jeremy Dys

Jeremy Dys is the FPCWV's President and General Counsel. In addition to his duties of providing strategic vision and leadership to the FPCWV, Dys is the chief lobbyist and spokesman. Dys is regularly featured in local, state, and national print, radio, and television outlets. He lives close to Charleston with his wife and growing family.

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