Utah Senate passes informed-consent bill requiring ultrasounds; floor adopts amendment barring transvaginal scans to satisfy disclosure

The Utah Senate on March 10 passed Fifth Substitute House Bill 364, an informed-consent measure that requires an ultrasound and the making available of fetal images and the heartbeat to a woman considering an abortion. Senator Bramble, sponsor of the floor motion, framed the bill as part of informed consent and said the measure “requires that an ultrasound, giving the image of the unborn child's body and the heartbeat be made available to the woman.”

The Senate adopted two amendments before final passage. Amendment 1, described by Bramble as a coordinating clause with another Senate bill, was adopted without debate. Amendment 2, offered by Senator Henderson and accepted as a friendly amendment by the sponsor, explicitly prohibits use of a transvaginal ultrasound to satisfy the bill’s requirement that fetal images be displayed. Henderson said the bill as drafted “requires an ultrasound” and that transvaginal scans can be “invasive and…embarrassing,” arguing the amendment prevents those scans from being used to fulfill the disclosure requirement. The sponsor and other supporters said the amendment made the bill less intrusive.

Opponents warned of legal and medical concerns. Senator Wyler raised a constitutional and fiscal concern, asking whether the provision could draw a court challenge that would be costly to the state; Bramble responded that the fiscal note is about $19,000 and said similar provisions were upheld by the Sixth Circuit but could ultimately be reviewed by the U.S. Supreme Court. Several senators offering explanations for their votes said they opposed the bill because it uses government authority to require medical procedures, while supporters said the law ensures patients receive “truthful, non-misleading, and relevant” information in making medical decisions.

The Senate resolved the debate under suspension of the rules and held a roll-call vote. Fifth Substitute House Bill 364 passed with 16 yea votes, 7 nay votes and 6 absent; it will be returned to the House for further consideration.

The bill’s passage leaves several next steps: the House will receive the amended bill for concurrence, and litigation risk remains plausible given differing circuit rulings on similar statutes, as senators discussed on the floor.