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Senate takes up wide‑ranging abortion bill; substitute language and access concerns prompt further work

March 02, 2023 | 2023 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Senate takes up wide‑ranging abortion bill; substitute language and access concerns prompt further work
Senator McKay (floor sponsor) and colleagues brought Second Substitute House Bill 467 to the Senate floor. The sponsor said the proposal aligns state law with the Legislature’s intent to protect unborn life while preserving narrowly drawn exceptions for medical emergencies and fetuses with serious abnormalities; it would also make certain abortions performed in violation of statute unprofessional conduct for licensed providers.

On the floor, Senator Escamilla offered a verbal substitute aimed not at the policy core but at institutional access: he asked that the code section allowing healthcare facilities to refuse participation in abortion care (section cited on the floor as 76‑7‑306) be repealed so that hospitals — to which the bill would direct many abortion services under the new statutory scheme — could not refuse care on religious or moral grounds. Escamilla argued this is especially important in rural areas where a hospital refusal could leave a young girl without access to a legally available procedure.

Senator McKay and other sponsors said they did not intend to change conscience protections for individual providers; McKay said the policy balances protecting life with exceptions for maternal health and fetal abnormality and that hospitals and physicians had been consulted. Senators Plumb and others urged caution about rural access and implementation details; Plumb recounted emergency cases to underline potential life‑and‑death delivery challenges.

The Senate ultimately substituted the bill with a third substitute that reframed contested provisions into a funded study and reporting pathway for the Legislature; the floor adopted the substitute and then circled the bill for further consideration by committee (the bill was encircled and later placed on a calendar for future action). The substitute passed the floor by recorded count 19‑7 and will be returned to the House with the committee report and substitute language for consideration.

Key floor exchange:
"So it's I'm not touching his policy piece... I'm just trying to make sure that as we are limiting this scope of practice, that especially children would never have to be in a situation in rural areas where they're 200 miles away from the next place where they can get care..." — Senator Escamilla

The outcome: the chamber adopted the substitute language and placed the bill on hold (circled) for further work. Because the measure involves criminal penalties, facility licensing, and possible restrictions on clinics and out‑of‑state providers, the substitute’s operational details and any conference negotiations will be consequential for health providers and patients; the Senate signaled continuing work in committee and returned other items to the calendar.

Next steps: the bill’s third substitute and conference items will be subject to House consideration and further committee-level review to reconcile access, conscience protections and facility obligations.

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