Home Table of Contents

§ 20-214. Refusal of person or hospital to perform or participate in procedures

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 20. Miscellaneous Health Provisions (Refs & Annos)
Subtitle 2. Abortions; Artificial Insemination; Sterilizations (Refs & Annos)
Part IV. Effect of Refusal to Participate or Refer
MD Code, Health - General, § 20-214
§ 20-214. Refusal of person or hospital to perform or participate in procedures
Currentness
Refusal of person
(a)(1) A person may not be required to perform or participate in, or refer to any source for, any medical procedure that results in artificial insemination, sterilization, or termination of pregnancy.
(2) The refusal of a person to perform or participate in, or refer to a source for, these medical procedures may not be a basis for:
(i) Civil liability to another person; or
(ii) Disciplinary or other recriminatory action against the person.
Refusal of hospital
(b)(1) A licensed hospital, hospital director, or hospital governing board may not be required:
(i) To permit, within the hospital, the performance of any medical procedure that results in artificial insemination, sterilization, or termination of pregnancy; or
(ii) To refer to any source for these medical procedures.
(2) The refusal to permit or to refer to a source for these procedures may not be grounds for:
(i) Civil liability to another person; or
(ii) Disciplinary or other recriminatory action against the person by this State or any person.
Privileges and immunities
(c)(1) The refusal of an individual to submit to or give consent for an abortion or sterilization may not be grounds for loss of any privileges or immunities to which the individual otherwise would be entitled.
(2) Submitting to or granting consent for an abortion or sterilization may not be a condition precedent to the receipt of any public benefits.
Liability
(d) Notwithstanding any other provision of this section, a health care provider, a licensed hospital, a hospital director, or a hospital governing board is not immune from civil damages, if available at law, or from disciplinary or other recriminatory action, if the failure to refer a patient to a source for any medical procedure that results in sterilization or termination of pregnancy would reasonably be determined as:
(1) The cause of death or serious physical injury or serious long-lasting injury to the patient; and
(2) Otherwise contrary to the standards of medical care.

Credits

Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1991, c. 1, § 1, eff. July 1, 1991; Acts 1991, c. 441, § 1, eff. July 1, 1991.
Formerly Art. 43, § 556E.
MD Code, Health - General, § 20-214, MD HEALTH GEN § 20-214
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document