Fetal-pain measure hits roadblock in Senate panel

After passing handily through the House of Representatives, a bill that would require doctors to tell women considering an abortion that the fetus might feel pain — and to make available information about anaesthesia that could alleviate such pain for the fetus — hit a roadblock during a Senate committee meeting.

The all-male Senate Health and Human Services Committee on Friday declined to vote on HB222 following testimony that the bill raises questions not immediately answered by science.

"First, we don't have consensus in the medical community that fetuses do feel pain," said Dr. Catherine Wheeler, president of the Utah Medical Association. Secondly, the Salt Lake obstetrician/gynecologist said, "We don't know how to give the mother that kind of anaesthesia (that would keep the fetus from feeling pain) in a safe way."

For those reasons, Senate President John Valentine suggested the bill's sponsor, Rep. Paul Ray, R-Clearfield, eliminate references to specific medical procedures and focus instead on the information portion of HB222.

"When we talk about fully informed consent, it means that — fully informed," Valentine, R-Orem, said. "And to leave out part of the decisionmaking information seems to me that it does not do what we are trying to do as a policy."

HB222 would mandate that physicians inform women at least 24 hours in advance of a late-term abortion of any anaesthetic procedure that may alleviate pain to the fetus. It allows exceptions in cases of medical emergency or if the doctor believes the information would have a "severely adverse effect" on the physical or mental health of the woman.

Dr. David Turok, an obstetrician/gynecologist, urged committee members to vote against a bill that unfairly targets women. Most abortions conducted after 20 weeks happen only after mothers learn their fetuses face a critical or fatal abnormality, he said.

"These are people who are in a terrible situation," he said. "They did not come to this decision easily. Creating another barrier to them to get medical care that they need is really unjust."

Additionally, Turok said, "No one in Utah knows how this would be done without increasing the risk to the mom."

That concern resonated with lawmakers Friday. "If this legislation is passed and we put these physicians personally at risk, I'm concerned about that," said Senate Majority Leader Pete Knudson, R-Brigham City. "And I'm also concerned that there's not a clear answer in terms of the effect this would have on the mother."

Ray said he would make minor changes to HB222 and bring it back to the committee as early as next week.

"I'm confused as to why there's even opposition here today," he said, noting he has no doubt that fetuses can feel pain after 20 weeks and that, if HB222 passes, doctors in Utah will become trained to perform the procedures necessary to anaesthetize the fetus.

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