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House approves fetal-pain notice and information requirement for later abortions

Utah House of Representatives · January 27, 2006
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Summary

House passes HB222 requiring physicians to notify patients of fetal pain potential for abortions at/after 20 weeks and directs the Department of Health to produce a balanced flyer; bill passed 62–8–5 amid scientific debate on fetal pain.

The Utah House of Representatives passed House Bill 222 on Jan. 26, 2006, a measure that requires physicians to inform women seeking abortions at or after 20 weeks’ gestation that the fetus may feel pain and to make available information about fetal anesthesia; the Department of Health is directed to prepare a flyer summarizing both sides of the medical debate. The House approved the bill by a vote of 62 yes, 8 no, 5 absent and referred it to the Senate.

Sponsor Representative Ray said the measure is intended to inform patients and described available medical procedures to reduce fetal pain. "There is a procedure... it's an injection... into the umbilical cord, and that gets into the fetus in order to provide the pain relief," Ray said during floor remarks and urged support for the bill as a step to provide more information to patients.

Opponents cautioned that the science is unsettled. Representative Moss moved Amendment No. 1 to remove or narrow the Department of Health's mandated brochure language, arguing that the American College of Obstetricians and Gynecologists (ACOG) had concluded that no legitimate scientific data definitively supports the claim that a fetus experiences pain at 20 weeks. Moss said requiring a state agency to produce "truthful, non-misleading information on both sides" imposes a problematic standard when the underlying science is debated.

Floor debate touched on whether physicians’ existing counseling requirements are sufficient and whether it is appropriate to place the responsibility for a balanced pamphlet on an already stretched state agency. Representative Ray said doctors would still tell patients about pain in any event and that ready sources of material exist for a state flyer; he stated he could personally draft the information. The House rejected Amendment No. 1 and proceeded to pass the bill as offered by the sponsor.

The vote was announced as 62 yes, 8 no, 5 absent. HB222 will be transmitted to the Senate for further consideration.