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House approves Senate Bill 60, instituting 24-hour waiting period and informed-consent provisions

Utah House of Representatives · February 17, 1993
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Summary

After floor amendments and several hours of debate, the Utah House passed Senate Bill 60 (abortion act revision) 65–5, adding a 24-hour waiting period and informed-consent requirements the sponsor said mirror the U.S. Supreme Court's Casey ruling.

The Utah House of Representatives passed Senate Bill 60 on Feb. 17, 1993, sending the measure back to the Senate for consideration of House amendments. The vote was 65 in favor and 5 opposed.

Representative Olsen, the bill sponsor on the floor, said the measure was drafted to reflect the U.S. Supreme Court's decision in Planned Parenthood v. Casey and described three central elements: a requirement that the physician or referring physician orally inform a woman at least 24 hours before an abortion about the nature of the procedure, risks and alternatives; a statutory informed-consent requirement; and an accommodation for rural patients that allows a person under a physician's direction to convey information but requires the performing physician to repeat the oral counseling if it was not previously delivered.

Opponents and wary supporters voiced strong concerns about the effect of legislating medical decision-making. Representative Carlson said she found the bill “demeaning” to women and “insulting” that the legislature would impose a mandatory cooling-off period, though she said she would vote for it after changes that she said improved access for rural women. Other members urged the House to take technical steps to reduce potential litigation and to resolve remaining physician concerns through dialogue with the executive branch.

Floor amendments were offered and adopted; Representative Olsen described the package as largely clerical. Debate ranged from legal and procedural arguments about constitutionality to medical and moral remarks about fetal development. Members cited the Casey decision repeatedly; Representative Kilpatrick read Casey language on psychological well-being and the state's legitimate interests. During debate, several members offered personal reflections on how they would approach the vote.

The House recorded a final roll-call: 65 ayes, 5 nays. The bill now returns to the Senate for consideration of the House amendments.

The House did not adopt additional procedural changes to the bill during the floor session beyond the clerical amendments noted on the floor.