Levine also had the option of recommending that the regulations remain unchanged, or of recommending their repeal. Her two-page letter to the governor concludes that the State Board of Health does not have the authority to repeal the regulations given the law passed in 2011 that requires the promulgation of the clinic regulations.

The commissioner will present the recommendation at the December meeting of the board, which will determine whether to begin the process of making changes.

The board had a majority of appointees from the administration of then-Gov. Bob McDonnell when the regulations were introduced and enacted. It has undergone a number of changes in recent months under McAuliffe, an abortion-rights supporter who appointed five new members in May.

Reviews of all health department regulations are required every four years. McAuliffe’s decision to order a review less than a year after the regulations were enacted was seen, along with the new appointments, as a way to slow or reverse the regulations.

Levine’s finding does not change the status of the regulations that went into effect in June 2013, which require the clinics to comply with standards for hallways, procedure rooms, closets and covered entryways.