Bill requiring doctors to talk about fetal pain clears Senate committee

A bill forcing doctors to talk with women about how to prevent an unborn child from feeling pain during an abortion was narrowly approved by the Senate Judiciary, Law Enforcement and Criminal Justice Committee on Monday.

HB222, sponsored by Rep. Carl Wimmer, R-Herriman, requires a woman to be "informed of any anesthetic or analgesic that would eliminate or alleviate organic pain to the unborn child" at least 24 hours prior to terminating any pregnancy of 20 weeks or more.

Wimmer told committee members current law does not prohibit doctors from providing information about treating fetal pain on a voluntary basis, but that his proposal would mandate it.

He argued that science has now proved fetal pain exists and also provided ways of treating it. He said having that information would help a woman "make a wiser decision."

"I reject the notion that information is ever a bad thing," Wimmer said.

Utah Eagle Forum member Maryann Christensen pointed out that there were federal laws to prevent cattle from feeling any pain during slaughter, but no similar protections for an unborn child.

Utah Medical Association assistant vice president Michelle McOmber told senators she was concerned about slapping mandates on the state's doctors — especially ones having to do with what they tell patients.

"As it is, physicians will tell patients what they believe," McOmber said. "Now we are saying, 'You will tell them this, regardless of what you believe or what you've been taught.' "

Doctors would be required under the proposal to provide pain relief medication or anesthesia to the fetus if the woman chooses to have it. The bill would not, however, prohibit doctors from discussing their own personal opinions about the need for pain treatments for a fetus.

Additionally, the proposed law would require the state Department of Health to provide a brochure for any woman seeking an abortion. The brochure would offer information from each side in the debate about whether an unborn child feels pain during an abortion and would cover the methods available to alleviate fetal pain during the procedure.

There are exceptions in the proposal for emergency situations or if the pregnancy poses a threat to the life or health of the mother.

Sen. Ross Romero, D-Salt Lake, who voted against the bill, said the most reliable information he has seen is that fetal pain is "not perceptible" and that the bill was unnecessary.

"There's nothing that prohibits a doctor from talking with his patient or her patient about fetal pain," Romero said.

The bill was passed by the full House earlier this month and will now go to the full Senate for final consideration.