The state health department is proposing regulations that would require anyone who operates a surgical abortion facility in Maryland to obtain a state license and would open such facilities to state inspection.

Under the regulations, released last week, the state could revoke or suspend a clinic’s license under certain conditions or impose a fine of $1,000 for a violation.

“There had never been regulations written to oversee abortion clinics,” said Fran Phillips, deputy secretary for public health in the Maryland Department of Health and Mental Hygiene, whose officials wrote the regulations along with public stakeholders and after receiving public comment. “We recognized that there was a gap there.”

The regulations are aimed at clinics that routinely perform abortions and that operate apart from hospitals or ambulatory surgical centers, Phillips said. About 12 to 15 such clinics exist in Maryland, she said.

The regulations do not affect hospitals or ambulatory surgical centers because they are licensed and inspected by the state, she said. The regulations also would not apply to the dispensing of abortion pills or abortions that occur when doctors find the procedure necessary in the treatment of a woman’s illness.

Phillips stressed that most abortions in Maryland are safe and performed by licensed physicians and that the physicians are regulated by the Maryland Board of Physicians.

In 2008 — the most recent figures available — 34,290 women had abortions in Maryland, according to The Guttmacher Institute, which, according to its website, advances sexual and reproductive health and rights through research, policy analysis and education.

Phillips said the proposed regulations were sparked by a 2010 incident at a clinic in Elkton in which a woman was seriously injured during an abortion performed by a physician who was unlicensed in Maryland. In that incident, state officials lacked the authority to regulate or inspect the facility, she said.

In addition, the Board of Physicians found that since 1991 five physicians in Maryland were disciplined for improper care in administering abortions, according to the proposed regulations. In each of those cases, the woman died or was seriously injured. In three cases, the women were harmed by the improper use or monitoring of general anesthesia.

The Elkton incident also sparked legislation in the 2011 General Assembly session aimed at regulating abortion clinics, said Sen. Nancy Jacobs (R-Dist. 34) of Abington, who was a sponsor of two of the bills. In the end, lawmakers decided to let the health department draft regulations, Jacobs said.

During the drafting of the regulations, state health officials consulted with stakeholders on both sides of the issue, Phillips said. Those included officials of the Maryland Catholic Conference, which opposes abortion, and Planned Parenthood of Maryland, which offers surgical abortions at some of its health centers in the state and took public comment on draft regulations. The proposed regulations were released Dec. 2.

The regulations also would require abortion clinics to have administrators who are responsible for the facility’s daily operations and a medical director who is a licensed physician and who is responsible for the facility’s overall medical care.

They also would require that each patient undergo a pre-anesthesia evaluation, that any risk to the patient from anesthesia be documented in the patient medical records and that the clinic be prepared to handle all emergency situations.

“We were pleased to see that the health department took the politics out of it and focused on the health and safety,” said Nancy Paltell, associate director for Respect for Life of the Maryland Catholic Conference, which advocates for the church on public policy matters.

Jacobs said she also was pleased by the proposed regulations.

“I think they are exactly on the right track,” she said. “The most important thing is that these regulations protect the safety of women.”

Jodi Finkelstein, executive director of NARAL Pro-Choice Maryland, which supports abortion rights, said she wanted to consult with abortion providers before commenting on the proposed regulations. She also praised the state’s role in drafting the regulations.

“We’ve been very pleased with the state and the comprehensive process,” she said.

Officials of Planned Parenthood of Maryland did not return telephone calls seeking comment. The national group’s website lists 10 Planned Parenthood health centers in Maryland, three of which offer in-clinic surgical abortions.

The proposed regulations will be published in January, after which the health department will take public comments for 30 days. It then will proceed to have the regulations codified, Phillips said.

skelly@gazette.net