(CNN) Utah will now require doctors to provide anesthesia to women having abortions at 20 weeks of pregnancy or later.
The law, which experts say is the first of its kind in the nation, is based on the scientifically disputed notion that a fetus can feel pain during the procedure.
"The governor is adamantly pro-life," said a statement from Gov. Gary Herbert's office. "He believes in not only erring on the side of life, but also minimizing any pain that may be caused to an unborn child."
Utah's law marks the first time legislation mandating anesthesia has passed, said Elizabeth Nash, a policy expert with the research organization the Guttmacher Institute. It would be a third-degree felony not to administer anesthesia to women seeking abortions who are 20 weeks along, according to the new law.
But Utah's measure is not the first time states have used the theory of fetal pain as justification to ban abortion at 20 weeks.
Fifteen states have moved to do that but only 12 actively ban the procedure after that time because three states are facing court challenges to laws.
The 12 states that ban abortions after 20 weeks are Alabama, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Nebraska, North Dakota, Oklahoma, Texas, West Virginia, and Wisconsin. The three states facing court challenges are Arizona, Georgia and Idaho.
Nash, of the Guttmacher Institute, said Utah's law could mean a "de facto" ban on abortions at 20 weeks or later because no doctor is going to give a patient anesthesia who doesn't need it.
The group cited a rigorous 2005 scientific review published in the Journal of the American Medical Association that said fetal perception of pain is unlikely before the third trimester and no studies since 2005 demonstrate fetal recognition of pain.
"Little or no evidence addresses the effectiveness of direct fetal anesthetic or analgesic techniques," according to the research in JAMA. "Similarly, limited or no data exist on the safety of such techniques for pregnant women in the context of abortion. Anesthetic techniques currently used during fetal surgery are not directly applicable to abortion procedures."
Bramble said "science isn't settled" on the issue, and he believes that if there's even a chance that a fetus may feel pain then his bill is beneficial.[/ QUOTE]
More here:
http://www.cnn.com/2016/03/29/health/utah-abortion-law-fetal-pain/index.html