HELENA — The House endorsed a bill Tuesday that would increase abortion regulations based on the disputed notion that a fetus can feel pain after the 20th week of pregnancy.

House Bill 479 brought by Republican Rep. Albert Olszewski of Kalispell would require the use of fetal anesthesia for abortions and other operations after 20 weeks of pregnancy. It also would require that doctors perform tests to determine the gestational age of a fetus before an abortion and mandate reporting the use of fetal anesthesia in abortions. 

Doctors who do not comply could be reported to a professional licensing board. The bill originally called for fines and jail time for non-compliance.

The House passed the amended measure by a 56-44 vote on second reading. 

Olszewski, an orthopedic surgeon, said that a fetus is capable of feeling pain beginning at 20 weeks based on research studies and added that it hinges on when brain activity begins. “They have a complete response at 20 weeks,” he said of a fetus experiencing pain.  

However, researchers have not been able to conclusively determine at what point in development, if at all, a fetus perceives pain, according to the Guttmacher Institute, which supports legal access to abortion.

Rep. Scott Staffanson, R-Sidney, said that while he hasn’t always felt the way he does now about the start of life, he supports the bill. “I have to believe I’ve always felt that if you’re going to operate on an unborn baby, they should probably have anesthesia, and that should be required,” he said.

Democratic Rep. Carolyn Pease-Lopez of Billings said lawmakers were pushing the bill to appeal to their constituent base, rather than taking a stand for unborn children. “If you really, really believe that we’re protecting unborn children, then why do they suddenly become unholy once they are born, why do we suddenly stop caring about them once they’re born, why don’t we want to address the needs of these human beings once they are born? That’s my challenge to you,” she said.