Virginia’s legislative framework regarding abortion access has evolved significantly. The Commonwealth’s approach to regulating abortion procedures, particularly post-viability, is influenced by established legal precedents and ongoing legislative debates. A key aspect of this regulation involves the conditions under which a physician may perform an abortion after the point of probable fetal viability. Virginia Code § 18.2-71, as amended, outlines these circumstances. Specifically, after the first trimester, abortions must be performed in licensed hospitals or out-patient surgical facilities. Post-viability, an abortion is permissible only if necessary to preserve the life or health of the pregnant patient, as certified by at least two physicians. This certification process requires the physicians to attest that the continuation of the pregnancy poses a risk to the patient’s life or poses a substantial risk of irreversible physical or mental impairment. The law emphasizes the medical judgment of qualified practitioners in determining the necessity of the procedure to safeguard the patient’s well-being. The legal standard focuses on the health of the pregnant individual, encompassing both physical and mental health, and requires a documented medical opinion from two separate physicians. This dual certification is a critical procedural safeguard mandated by Virginia law for post-viability abortions.

Virginia’s legislative framework concerning reproductive rights has evolved significantly, particularly in the post-Roe v. Wade era. The Commonwealth’s approach to abortion access is primarily governed by statutes that establish parameters for the procedure, including gestational limits and requirements for medical professionals. Virginia Code § 18.2-71, as amended, permits abortion up to the end of the second trimester of pregnancy. Beyond the second trimester, an abortion is permissible only when necessary to preserve the life or health of the pregnant person, as certified by at least two physicians. This certification process is crucial for abortions performed later in pregnancy. The law also mandates a 24-hour waiting period between an initial consultation and the performance of an abortion, during which the patient must receive specific information about alternatives and resources. Furthermore, Virginia law requires that abortions be performed by a physician licensed in the Commonwealth or by a physician practicing in a hospital. The question probes the legal standard for late-term abortions in Virginia, specifically when an abortion may be performed after the second trimester. The statutory provision clearly states that such abortions are permitted only when necessary to preserve the life or health of the pregnant person, and this necessity must be certified by at least two physicians. This dual physician certification is a key legal hurdle for late-term abortions in Virginia.

In Virginia, the legal framework surrounding abortion is primarily shaped by state statutes and judicial interpretations. Virginia Code § 18.2-73 specifically addresses the circumstances under which an abortion may be performed, generally permitting it up to the end of the first trimester. Beyond the first trimester, the law requires that the procedure be performed in a hospital and that two physicians certify that the abortion is necessary to protect the life or health of the pregnant person. Virginia law also mandates a 24-hour waiting period between the initial consultation and the abortion procedure, a requirement that has been subject to legal challenges. Furthermore, informed consent provisions are critical, ensuring that the pregnant individual receives specific information about the procedure, its risks, and alternatives before agreeing to it. The legal landscape in Virginia has evolved, with ongoing debates and legislative actions impacting the accessibility and legality of abortion services. Understanding the interplay between the gestational limits, physician requirements, waiting periods, and informed consent is crucial for navigating Virginia’s reproductive rights laws. The question focuses on the specific statutory requirements for an abortion performed after the first trimester, highlighting the necessity of a hospital setting and the involvement of two certifying physicians, as outlined in Virginia Code § 18.2-73.

The Virginia Gestational Age Act, as codified in the Code of Virginia § 18.2-76.5, outlines specific requirements for performing abortions based on gestational age. Specifically, it mandates that an abortion may not be performed unless the physician has determined, based on the woman’s medical history and a sonogram, that the gestational age of the fetus is 25 weeks or less. If the gestational age is determined to be greater than 25 weeks, the abortion is prohibited unless it is necessary to save the life or preserve the physical or mental health of the woman, as certified in writing by the physician. The law also requires that the woman be provided with specific information about the abortion procedure and alternatives, and that she undergo a mandatory ultrasound and be offered the opportunity to view the ultrasound images and hear the fetal heartbeat. The scenario presented involves a physician who performs an abortion at 26 weeks of gestation without meeting the statutory exceptions or procedural requirements for abortions after 25 weeks. Therefore, the physician’s actions would be considered a violation of the Virginia Gestational Age Act.

The scenario describes a situation where a healthcare provider in Virginia is asked to provide information about abortion to a minor. Virginia law, specifically Virginia Code § 18.2-76.1, outlines requirements for parental involvement in a minor’s abortion decision. This statute establishes a judicial bypass procedure, allowing a minor to seek an abortion without parental notification if they can demonstrate to a court that they are mature enough to make the decision or that the abortion is in their best interest. The law also permits a minor to obtain an abortion without parental consent or notification if they have obtained a court order. Therefore, a provider’s obligation is to inform the minor about this judicial bypass option. They are not legally permitted to unilaterally decide to proceed without parental involvement or to refuse to provide information about legal avenues available to the minor. The question tests the understanding of the specific legal framework in Virginia regarding minors and abortion, emphasizing the procedural rights afforded to minors through judicial bypass.

Virginia law, specifically the Virginia Gestational Age Act, outlines the requirements for performing abortions based on the stage of pregnancy. Prior to the twenty-first week of gestation, a physician may perform an abortion if they reasonably believe the fetus is not viable. Viability is generally understood as the capacity of a fetus to survive outside the uterus, with or without artificial support, and is a medical determination that can vary. After the twenty-first week of gestation, an abortion is permissible only if necessary to save the life or preserve the physical or mental health of the pregnant patient. The law also mandates certain informed consent procedures and waiting periods. The scenario presented involves a physician performing an abortion at 22 weeks of gestation. For an abortion to be lawful at this stage in Virginia, it must meet the exception for preserving the life or health of the pregnant individual. Without evidence that such an exception applies, performing the procedure would be a violation of the Virginia Gestational Age Act. Therefore, the legality hinges on whether the physician can demonstrate that the procedure was necessary to save the life or preserve the physical or mental health of the patient.

The legal framework in Virginia regarding parental involvement in a minor’s decision to seek an abortion is primarily governed by Virginia Code § 18.2-76.2. This statute establishes a judicial bypass procedure, which allows a minor to petition a court for authorization to consent to an abortion without parental notification or consent. The court must find that the minor is mature enough to make the decision or that the abortion is in her best interest. The statute also outlines specific requirements for parental notification, including the age of the minor and the method of notification. For a minor to obtain a judicial bypass, the court must hold a hearing and consider evidence of the minor’s maturity, understanding of the procedure, and the potential consequences of the abortion. The court’s decision is based on these factors and is not directly tied to a specific number of days for notification, but rather the process of petitioning and demonstrating the necessary legal criteria. The statute aims to balance the state’s interest in protecting minors with a minor’s constitutional right to privacy and bodily autonomy. The judicial bypass process is a critical component of ensuring access to abortion for minors in Virginia when parental involvement is not feasible or in the minor’s best interest.

The Virginia Gestational Age Act, specifically Virginia Code § 18.2-76.7, outlines the requirements for abortion procedures based on gestational age. The law mandates that an abortion may not be performed unless the physician has determined the gestational age of the fetus. For abortions performed after 20 weeks of gestation, the law requires that the physician certify that the fetus is not viable or that the procedure is necessary to save the life or preserve the physical or mental health of the pregnant woman. The question asks about the legal permissibility of an abortion at 22 weeks gestation in Virginia without further certification. Virginia law explicitly prohibits abortions after 20 weeks of gestation unless specific conditions are met. Therefore, an abortion at 22 weeks gestation without the physician certifying fetal non-viability or medical necessity would be in violation of the Virginia Gestational Age Act. The core principle being tested is the understanding of the gestational age limits and the exceptions provided by Virginia law for post-20-week abortions. The law’s intent is to protect potential life and requires a higher standard of medical justification for abortions performed at later stages of pregnancy.

The scenario describes a situation where a minor, Maya, seeks an abortion in Virginia without parental notification or consent. Virginia law, specifically the Virginia Abortion Control Act, addresses the circumstances under which minors can obtain abortions. The Act generally requires either parental consent or a judicial bypass. A judicial bypass allows a minor to obtain an abortion without parental involvement if they can demonstrate to a court that they are mature enough to make the decision or that the abortion is in their best interest. The question asks about the legal pathway for Maya. The correct pathway involves seeking a judicial waiver, which is a formal court process to bypass the parental notification requirement. Other options are incorrect because Virginia law does not permit a minor to unilaterally decide to bypass parental involvement without a court order, nor does it automatically grant such a right based on age alone or the provider’s discretion without a judicial determination. The law is designed to balance the minor’s right to privacy with parental rights and state interests.

Virginia law, specifically the Virginia Gestational Age Act, establishes specific requirements for abortions based on gestational age. A physician performing an abortion must certify that the fetus is not viable or that the abortion is necessary to preserve the life or health of the pregnant patient. The Act mandates a minimum 24-hour waiting period between the initial consultation and the abortion procedure, unless an exception applies. This waiting period is intended to ensure informed consent and an opportunity for the patient to consider alternatives. The law also requires that the physician inform the patient about the gestational age of the fetus, the potential risks and complications of the procedure, and the alternatives to abortion, including adoption and prenatal care. The physician must also offer the patient an opportunity to view an ultrasound image and hear the fetal heartbeat. The core principle is to balance the state’s interest in potential life with the pregnant patient’s right to privacy and bodily autonomy, as interpreted through legal precedent. The specific requirement for a physician to certify non-viability or medical necessity for abortions after 15 weeks of gestation is a key component of the Act’s regulatory framework. This certification process is a critical legal step in the procedure.

Virginia Code § 18.2-71 defines unlawful homicide as the willful killing of a quick child before its birth, which is not murder. This statute specifically addresses the termination of a pregnancy outside the legally permitted circumstances. Virginia law permits abortion under specific conditions, primarily when the pregnancy poses a substantial risk to the life or physical health of the woman, or in cases of rape or incest, up to the point of fetal viability. Beyond these allowances, any termination of a pregnancy would fall under the purview of unlawful homicide if it results in the death of a “quick child.” The concept of “quickening” historically referred to the point at which the fetus begins to move, typically around the 16th to 20th week of gestation, though modern medical understanding recognizes fetal life much earlier. However, the legal definition within § 18.2-71 focuses on the act of killing a “quick child” outside of the statutory exceptions for abortion. Therefore, if a physician performs an abortion after the point of viability and without meeting the criteria outlined in Virginia’s abortion statutes, and this action results in the death of the fetus, it would constitute unlawful homicide, not murder. Murder typically requires malice aforethought, which is not a necessary element for unlawful homicide as defined in this context.

The scenario describes a situation involving a medical professional in Virginia who is providing care to a patient seeking an abortion. Virginia law, specifically Virginia Code § 18.2-74.2, outlines the requirements for a second-trimester abortion, which generally necessitates that the procedure be performed in a hospital or in a clinic licensed by the Virginia Department of Health as a hospital. The question hinges on whether the clinic where the procedure is to be performed meets these licensing requirements. If the clinic is not licensed as a hospital, or does not meet the specific standards for a hospital in the context of this statute, then the procedure as described would be in violation of Virginia law. The explanation does not involve calculations. It focuses on the legal framework governing abortion procedures in Virginia, particularly concerning the facility requirements for second-trimester abortions. The core principle is that specific statutory provisions dictate the acceptable locations for such medical procedures to ensure patient safety and compliance with state regulations. Understanding these specific licensing and facility requirements is crucial for medical providers operating within Virginia.

The Virginia Gestational Age Act, as amended, establishes specific requirements for obtaining an abortion based on the gestational age of the fetus. For abortions performed after the first trimester but before the second trimester, typically after 12 weeks of gestation, the Act requires that the procedure be performed in a licensed hospital or in a facility that meets specific outpatient surgical center requirements. Furthermore, a physician must certify in writing that the procedure is medically necessary. The law also mandates a minimum 24-hour waiting period between the initial consultation and the abortion procedure, during which the patient must receive specific information about the procedure, alternatives, and potential risks. This comprehensive framework aims to balance the state’s interest in potential life with the patient’s right to privacy and bodily autonomy, as interpreted by federal and state court decisions. The specific details of facility licensing and physician certification are crucial for compliance and are subject to ongoing legal interpretation and potential challenges.

The scenario describes a physician in Virginia providing a medication abortion to a patient who is 16 weeks pregnant. Virginia law, specifically § 18.2-74.2 of the Code of Virginia, mandates that a physician must be present during the administration of the abortion-inducing medication. This statute reflects the state’s regulatory approach to abortion procedures, emphasizing direct physician supervision. The question probes the understanding of this specific legal requirement for medication abortions in Virginia. The physician’s action of remotely instructing the patient on self-administration, without direct physical presence, constitutes a violation of this statute. Therefore, the correct characterization of the physician’s conduct is that it is inconsistent with Virginia’s statutory requirement for physician presence during the administration of abortion-inducing medication.

The question concerns the legal framework governing the termination of pregnancy in Virginia, specifically focusing on the limitations and exceptions to such procedures. Virginia law, as of recent legislative changes, generally prohibits abortions after a certain gestational limit, with specific exceptions. These exceptions typically include situations where the pregnancy poses a substantial risk to the life or physical or mental health of the pregnant individual, or in cases of severe fetal anomaly incompatible with life. The Virginia Code, particularly Title 18.2 concerning crimes and offenses generally, and Title 32.1 concerning health, outlines these regulations. The scenario describes a situation where a physician determines that continuing the pregnancy would likely result in severe and irreversible physical harm to the pregnant individual, necessitating an abortion to preserve their health. This scenario directly aligns with the established exceptions to the general prohibition on abortions in Virginia, provided the physician’s determination is made in good faith and documented according to statutory requirements. The core legal principle being tested is the understanding of these specific medical exceptions that permit abortions beyond the standard gestational limits.

The Virginia Gestational Age Act, as amended, establishes specific requirements for abortion procedures based on gestational age. For abortions performed after the first trimester but before the start of the third trimester (i.e., between 15 weeks, 6 days and 25 weeks, 6 days gestation), the law mandates that the procedure be performed in a licensed hospital or in a facility that meets specific outpatient surgical center requirements. This is distinct from the requirements for earlier abortions, which can be performed in licensed physicians’ offices. The rationale behind this distinction is often related to the increased complexity and potential risks associated with later-term procedures, necessitating a higher standard of medical facility. The law also requires a 24-hour waiting period between the initial consultation and the procedure itself, and that the physician inform the patient of the gestational age and the potential risks and alternatives. The question specifically asks about a scenario occurring at 20 weeks gestation, which falls within the period requiring a licensed hospital or a facility meeting outpatient surgical center standards.

The question pertains to the legal framework governing abortion access in Virginia, specifically focusing on the interplay between state law and federal constitutional interpretations. In Virginia, the legal landscape has evolved significantly, particularly in light of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. Post-Dobbs, states have regained the authority to regulate or prohibit abortion. Virginia’s approach has been to maintain abortion access, though with specific regulations. Virginia Code § 18.2-71 outlines the conditions under which abortions are permissible. This statute, as interpreted and applied, permits abortions up to the end of the second trimester and thereafter under specific circumstances, such as when the procedure is necessary to preserve the life or health of the pregnant person. The question tests the understanding of which legal basis underpins current Virginia law that allows for the continuation of abortion services, despite the absence of a federal constitutional right. This basis is not a direct federal mandate post-Dobbs, nor is it an interpretation solely of the U.S. Constitution’s privacy clauses, which were the foundation of Roe. Instead, it is the state legislature’s enactment and subsequent judicial interpretation of state statutes that authorize these procedures. Therefore, the most accurate answer reflects the legislative authority of the Commonwealth of Virginia to permit abortions, subject to its own statutory limitations.

Virginia’s approach to regulating abortion access has evolved significantly, particularly following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The Commonwealth has enacted legislation that permits abortions up to the end of the first trimester, generally considered the first 13 weeks of pregnancy. During the second trimester (weeks 14-26), abortions are permitted if they are necessary to protect the pregnant person’s physical or mental health, as certified by a physician. In the third trimester (after 26 weeks), abortions are permissible only if the pregnant person has a medical condition that is certified by at least two physicians as necessary to save the pregnant person’s life or avert serious risk of substantial impairment of a major bodily function. This framework reflects a balance between protecting fetal life and upholding bodily autonomy, with specific medical justifications required for later-term procedures. The law does not mandate a specific waiting period or parental consent for minors, but it does require that a physician offer the patient an opportunity to view an ultrasound and hear the heartbeat. The legal landscape in Virginia continues to be a subject of ongoing debate and potential legislative changes, but the current statutory framework outlines these specific gestational limits and medical requirements.

Virginia Code § 18.2-71 outlines the general provisions for abortion in the Commonwealth. Specifically, it permits abortions performed by a physician licensed in Virginia, or under their supervision, within the first trimester of pregnancy. For abortions performed during the second trimester, the procedure must be performed in a hospital, clinic, or medical facility, and the physician must certify that the procedure is necessary in their professional judgment to protect the pregnant patient’s physical or mental health. For abortions performed during the third trimester, when the fetus is generally considered viable, an abortion is permissible only if it is necessary to save the life or preserve the physical or mental health of the pregnant patient. The statute also requires that the physician inform the patient of the risks and alternatives to the procedure. The question tests the understanding of when an abortion may be performed in Virginia during the second trimester and the specific requirement for the physician’s certification regarding the patient’s health.

The legal framework governing abortion in Virginia, particularly after the overturning of Roe v. Wade, centers on state-level statutes. Virginia law, specifically referencing the Code of Virginia, outlines the permissible gestational limits for abortion. While there isn’t a single, universally applied numerical calculation in the sense of a mathematical problem, understanding the legal parameters involves identifying the specific statutory provisions that define the latest point at which an abortion can be legally performed. Virginia law permits abortion up to the end of the second trimester, which is generally considered to be 28 weeks of gestation. However, after the 2022 legislative session, this limit was adjusted. Current Virginia law, as amended, permits abortion up to the end of the first trimester (approximately 14 weeks) without restriction, and up to the end of the second trimester (approximately 28 weeks) under certain conditions, such as if the procedure is necessary to protect the life or health of the pregnant person. Post-viability, abortions are generally prohibited unless necessary to preserve the life or health of the pregnant person. The question asks about the *latest* point an abortion can be performed under Virginia law, considering the established legal precedents and statutory changes. The most recent legislative changes have solidified a framework that allows for abortions up to the end of the first trimester without specific conditions, and up to the end of the second trimester under specific health and life exceptions. Therefore, the latest point an abortion can be performed, subject to these exceptions, aligns with the end of the second trimester.

The Virginia Gestational Torts Act, codified in Virginia Code § 8.01-50.1, addresses claims for wrongful conception, wrongful birth, and wrongful life. A claim for wrongful conception arises when a physician’s negligence in performing or advising on sterilization procedures or contraception results in an unintended pregnancy. The damages in such cases typically focus on the costs associated with the pregnancy and delivery, as well as the costs of raising a healthy child, though the latter is subject to the offset of the child’s value to the parents. Virginia law, in line with many jurisdictions, does not permit a claim for wrongful life, which would assert that the child was born into a life not worth living. The Act specifically states that no damages may be awarded for the mental anguish or suffering of the parents or child in a wrongful conception or wrongful birth claim, nor can damages be awarded for the costs of raising the child if the child has a disability that would have been discoverable before birth. The central legal principle is that the physician’s negligence directly caused the unintended pregnancy and its associated costs. The Act aims to provide a remedy for the financial and emotional burdens of an unwanted pregnancy resulting from medical malpractice while delineating the scope of recoverable damages and explicitly excluding certain types of claims and damages.

Virginia law, particularly concerning reproductive rights, has evolved significantly. The Commonwealth has established specific statutes and judicial interpretations that govern access to and provision of reproductive healthcare services. Key legislation, such as the Virginia Code sections pertaining to abortion, outlines requirements for medical professionals, facility standards, and patient protections. The legal landscape also considers the balance between state regulation and individual autonomy, often referencing federal constitutional principles as interpreted by the Supreme Court. Understanding the nuances of informed consent, mandatory waiting periods, and parental involvement laws, where applicable, is crucial for comprehending the scope of reproductive rights in Virginia. The legal framework aims to regulate the practice of medicine while upholding patient rights, creating a complex interplay of statutory provisions and case law that defines the boundaries of reproductive healthcare access.

Virginia law, specifically the Virginia Gestational Age Act, establishes regulations regarding abortion access based on gestational age. The Act permits abortions up to the end of the first trimester without specific medical justification beyond the physician’s professional judgment. Beyond the first trimester, but prior to the commencement of the third trimester, an abortion is permissible only if the physician determines that continuing the pregnancy would pose a substantial risk of death or serious impairment to the pregnant patient’s physical or mental health. In the third trimester, an abortion is permitted only if necessary to save the life or preserve the physical or mental health of the pregnant patient. The question probes the nuanced application of these provisions by presenting a scenario where a physician determines a risk to the patient’s mental health in the second trimester. Under Virginia law, the second trimester is generally considered to extend from the start of the second month of gestation through the end of the sixth month. Therefore, if a physician has determined that continuing the pregnancy poses a substantial risk of serious impairment to the pregnant patient’s mental health, and this determination is made prior to the third trimester, the procedure is legally permissible under the Virginia Gestational Age Act. This scenario tests the understanding of the specific conditions under which abortions are permitted after the first trimester, emphasizing the physician’s assessment of substantial risk to physical or mental health. The core legal principle is the existence of a substantial risk of serious impairment to mental health during the second trimester, which aligns with the statutory exceptions.

Virginia’s regulatory framework for abortion access, particularly concerning gestational limits and provider requirements, has evolved significantly. The current legal landscape in Virginia, as informed by recent legislative actions and court interpretations, generally permits abortions up to the end of the second trimester, which is approximately 26 weeks of gestation, with exceptions for the life or health of the pregnant person. Post-viability abortions are permissible only when necessary to protect the life or health of the pregnant person, as determined by a physician. Virginia law also mandates certain requirements for facilities providing abortion services, which are subject to interpretation and potential legal challenges regarding their necessity and impact on access. The specific details of these requirements, including physician involvement and facility standards, are crucial for understanding the practicalities of abortion provision in the Commonwealth. The question probes the understanding of the *current* legal standard for abortion after the point of fetal viability in Virginia, emphasizing the physician’s judgment as the determining factor in specific circumstances.

The scenario presented involves a physician in Virginia providing a medication abortion. Virginia law, specifically the Virginia Abortion Control Act, outlines requirements for such procedures. While the law generally permits medication abortion, it mandates that the physician must provide specific counseling to the patient regarding the procedure, potential risks, and alternatives. This counseling is typically a prerequisite for the prescription of the medication. The law also addresses informed consent, requiring that the patient understands the nature of the procedure, its potential consequences, and that it is voluntary. The question probes the specific legal obligation of the physician in this context. The core of the legal requirement is the provision of comprehensive information and counseling to ensure informed consent, which is a fundamental aspect of medical ethics and patient rights, particularly in reproductive healthcare. This involves explaining the medication, the expected process, potential side effects, and what to do in case of complications, as well as alternatives to medication abortion. The absence of a mandated waiting period for medication abortion in Virginia, unlike some other states or for surgical abortions in certain circumstances, means that the primary legal hurdle is the informed consent and counseling process itself. The physician’s actions must align with the statutory requirements for providing medical services related to abortion.

Virginia’s regulatory framework for telehealth services, particularly concerning reproductive healthcare, involves several key statutes and administrative provisions. The relevant statutes include the Virginia Telehealth Services Act (Virginia Code § 38.2-3418.15 et seq.) and provisions within the Virginia Board of Medicine regulations, specifically those pertaining to the practice of medicine via telehealth. When a physician licensed in Virginia provides reproductive healthcare services via telehealth to a patient located in Virginia, the physician must adhere to Virginia’s licensing and practice standards. This includes ensuring the patient’s informed consent is obtained, maintaining patient confidentiality in accordance with HIPAA and Virginia law, and adhering to the standard of care applicable to in-person consultations for the same services. For prescription of medications, such as those used in medication abortion, Virginia law, as interpreted by regulatory bodies like the Board of Health and the Board of Medicine, dictates specific requirements. These may include requirements for physician-patient relationship establishment, which can be facilitated through telehealth, and specific dispensing or prescribing protocols. The concept of “originating site” and “distant site” is crucial in telehealth, defining where the patient and provider are located. Virginia law generally permits telehealth services when both the patient and provider adhere to established standards. For reproductive health services, including medication abortion, the ability to prescribe and dispense via telehealth is subject to specific regulations that aim to balance access with patient safety. The Virginia Department of Health and the Virginia Board of Medicine have issued guidance and regulations that clarify these practices. For instance, the establishment of a valid physician-patient relationship is a prerequisite for prescribing controlled substances, and telehealth can facilitate this. The specific details of how a physician must verify patient identity, ensure the security of communication, and manage follow-up care are all governed by these regulations. The question centers on the legality of a Virginia-licensed physician providing medication abortion via telehealth to a patient in Virginia, which is permissible under current Virginia law, provided all regulatory requirements for telehealth and medication abortion are met.

Virginia’s legislative framework regarding reproductive rights has evolved, particularly in the post-Dobbs era. The Commonwealth’s approach balances individual autonomy with public health considerations and the state’s interest in potential life. Key legislation, such as the Virginia Gestational Age Act (Va. Code § 18.2-76.4), outlines requirements for abortion procedures based on gestational age. Specifically, after the first trimester, an abortion must be performed in a hospital or an outpatient surgical center. After the second trimester, a physician must certify that the procedure is necessary to preserve the physical or mental health of the pregnant person. Furthermore, Virginia law mandates a 24-hour waiting period between the initial consultation and the procedure, a measure that has been subject to legal challenges and interpretation. The scope of exceptions to these requirements, particularly in cases of rape, incest, or to save the life or preserve the health of the pregnant person, is also a critical area of understanding. The interpretation and application of these statutes, as well as any related regulatory guidance from the Virginia Department of Health, are paramount. The question probes the understanding of the specific procedural requirements and exceptions applicable in Virginia for abortions performed after the second trimester of pregnancy, focusing on the physician’s certification necessity.

The Virginia Gestational Age Act, as codified in Virginia Code § 18.2-76.4, outlines the legal framework for abortion in the Commonwealth. A central tenet of this act is the requirement for a physician to determine the gestational age of the fetus. While the act specifies that an ultrasound is the method to determine gestational age, it does not mandate a specific type of ultrasound or a particular viewing angle. The critical element is that the physician performs an ultrasound and uses the information obtained to determine the gestational age. The law’s intent is to ensure informed consent and to establish a basis for the legality of the procedure based on the stage of pregnancy. The physician’s professional judgment in interpreting the ultrasound findings is paramount. The act does not require the patient to view the ultrasound images or for the physician to narrate the findings in a specific manner beyond what is necessary for informed consent, nor does it mandate a waiting period between the ultrasound and the procedure, though other statutes may address waiting periods.

The Virginia Gestational Age Act, as codified in the Code of Virginia, establishes specific regulations regarding abortion. A central tenet of this act is the requirement for a physician to certify that the abortion is medically necessary to prevent the death or serious physical impairment of the pregnant patient. This certification must be based on the physician’s professional judgment. The law does not mandate specific diagnostic tests to reach this conclusion, nor does it require the patient to undergo a waiting period beyond what is clinically appropriate for the procedure itself. Furthermore, the law does not permit a physician to delegate this certification to a non-physician. Therefore, the most accurate statement reflecting the legal requirements for an abortion in Virginia when a medical necessity certification is involved is that the physician must certify the medical necessity based on their professional judgment, without additional enumerated requirements for specific tests or patient actions beyond what is medically indicated.

The scenario presented involves a physician in Virginia providing medical services to a patient seeking to terminate a pregnancy. Virginia law, particularly as interpreted and influenced by federal precedent and state legislative actions, governs the scope of such services. Virginia Code § 18.2-71, concerning abortion, establishes conditions under which abortions are lawful. Specifically, it permits abortions performed by a licensed physician in Virginia within the first trimester of pregnancy without further statutory restrictions beyond the physician’s professional judgment. Beyond the first trimester, Virginia law requires that the procedure be performed in a hospital or in a licensed outpatient surgical center. Furthermore, Virginia Code § 32.1-127.1 mandates that a physician providing abortion services must have admitting privileges at a hospital within a certain proximity to the facility where the procedure is performed, a regulation that has been subject to legal challenges and varying interpretations. The question tests the understanding of these statutory requirements and the physician’s obligations. A physician performing an abortion in the second trimester in Virginia must ensure the procedure is conducted in a hospital or licensed outpatient surgical center, and critically, must possess admitting privileges at a hospital within a 30-mile radius of the facility where the abortion is performed. This requirement is a key component of Virginia’s regulatory framework for abortion care.