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Fetal anesthesia bill headed to governor, who will sign it

Abortion • Physicians tried, but failed, to block the legislation.

Francisco Kjolseth | The Salt Lake Tribune Representative Keven Stratton, R-Orem, left, and Senator Curtis Bramble, R-Provo, gather in the House of Representatives after the House passed SB234, Protecting Unborn Children Amendments on Thursday, March 10, 2016.

A bill to require physicians to give anesthesia to fetuses after 20 weeks of gestation prior to an abortion easily won final passage of the Utah Legislature.

After winning Senate approval, SB234 passed 56-13 in the House and now goes to Gov. Gary Herbert, who said he will sign it.

"I can't imagine anybody being opposed to eliminating pain," he said. "Although there may be some uncertainty based on the science, I guess, erring on the side of having pain relieved on the part of the unborn child is probably a good thing."

Bill sponsor Sen. Curt Bramble, R-Provo, drew fierce criticism from OB-GYNs during public hearings, with the physicians warning anesthesia could be dangerous for the woman having the abortion.

Utah law already allows fetal anesthesia to be offered, but only upon request of the woman. This measure would mandate it in those later-term abortions.

Bramble's bill would apply only to "elective abortions" after 20 weeks ­­— meaning very few abortions would be affected, according to state Health Department figures. Less than 1 percent of abortions are performed after 20 weeks, and most are for medical reasons.

Bramble said he brought the bill out of a sense of moral responsibility to prevent pain to unborn babies, and while he concedes that the science is inconclusive, he believes in erring on the side of preventing pain.

SB234 states that a physician should tell a patient seeking an elective abortion after 20 weeks that "substantial medical evidence" indicates a fetus older than that is capable of feeling pain during an abortion. OB-GYNs testified that the science does not back up such a statement and they would feel ethically compromised telling patients otherwise.

Rep. Brad Dee, R-Ogden, said, "I listen to science, I listen to medicine, but sometimes it comes down to core values."

The Legislature did not hear a separate bill by Rep. Curt Oda, R-Clearfield, that was to have banned most abortions in Utah.

Legislative attorneys warned that bill was likely to lose a constitutional challenge.

— Robert Gehrke contributed to this report.