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Utah Senate substitutes, then circles midwifery bill after hours of debate

Utah Senate · March 1, 2005
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Summary

After hours of debate over regulation, medication authority and safety, the Utah Senate approved a motion to substitute language in House Bill 25 (Direct Entry Midwife Act) by a close division and then circled the bill for further leadership review.

Salt Lake City — The Utah Senate spent much of its March 1 session debating first substitute House Bill 25, the Direct Entry Midwife Act, before voting 15–13 to substitute a revised version and then placing the bill on the calendar (circled) for further action.

Senator Hallowell, who led floor discussion introducing the measure, framed the bill as the result of a four‑year effort to legalize and regulate direct‑entry midwifery in Utah, including voluntary licensure for midwives who choose to use a limited formulary. “This bill needs to be studied,” she told colleagues as she described the effort to reach compromise with medical groups and midwifery advocates.

Supporters said the substitute preserves patient choice and creates safety standards for out‑of‑hospital births. Senator Knudson described the substitute as a compromise that would “guarantee some protection of women” in rural and remote areas, where timely emergency care can be difficult to obtain. Proponents noted the Utah Medical Association had withdrawn its formal opposition after negotiated amendments earlier in the session.

Opponents said the substitute still raised serious legal and safety questions. Senator Christiansen warned against what he called a move toward “practicing medicine” without sufficient oversight. Senator Hilliard and others cited court and statutory limits and urged caution; the floor exchanged competing readings of an attorney general opinion and related case law, including mention of Fulmer v. Fulmer as a precedent discussed in debate.

After extensive floor debate and a called division, the presiding officer announced, “Rule of motion passes 15 to 13,” reflecting the narrow margin for the motion to substitute. Following that result senators moved to circle the bill, meaning its formal consideration was deferred while leadership and the two bodies continue discussions.

What changed: The substitute narrowed or removed some of the original amendments and altered educational, oversight and medication provisions; supporters said those changes addressed earlier concerns, opponents said the substitute still left gaps in mandatory reporting, transfer-of‑care language and other safety provisions.

What’s next: The bill was circled pending further consultation between Senate and House leadership. No final enactment or conference committee outcome was recorded on the floor during this session; the Senate recessed for leadership meetings after the action.

Quotes in context: “This bill needs to be studied,” Senator Hallowell said in opening remarks. Opponents warned that the measure “crosses a line” into the practice of medicine, while backers argued the substitute protects women in underserved areas.

The Senate’s action on HB25 on March 1 produced a narrow procedural victory for the substitute but left substantive questions unresolved; the bill will remain subject to further negotiation and possible amendment before final passage or rejection.