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§ 20-209. State interference with abortions

West's Annotated Code of MarylandHealth--GeneralEffective: July 1, 2022

West's Annotated Code of Maryland
Health--General
Title 20. Miscellaneous Health Provisions (Refs & Annos)
Subtitle 2. Abortions; Artificial Insemination; Sterilizations (Refs & Annos)
Part II. Abortion Procedures
Effective: July 1, 2022
MD Code, Health - General, § 20-209
§ 20-209. State interference with abortions
Currentness
Viable defined
(a) In this section, “viable” means that stage when, in the best clinical judgment of the qualified provider based on the particular facts of the case before the qualified provider, there is a reasonable likelihood of the fetus's sustained survival outside the womb.
In general
(b) Except as otherwise provided in this subtitle, the State may not interfere with the decision of a woman to terminate a pregnancy:
(1) Before the fetus is viable; or
(2) At any time during the woman's pregnancy, if:
(i) The termination procedure is necessary to protect the life or health of the woman; or
(ii) The fetus is affected by genetic defect or serious deformity or abnormality.
Regulations
(c) The Department may adopt regulations that:
(1) Are both necessary and the least intrusive method to protect the life or health of the woman; and
(2) Are not inconsistent with established clinical practice.
Liability
(d) The qualified provider is not liable for civil damages or subject to a criminal penalty for a decision to perform an abortion under this section made in good faith and in the qualified provider's best clinical judgment in accordance with accepted standards of clinical practice.

Credits

Added by Acts 1991, c. 1, § 1, eff. July 1, 1991. Amended by Acts 2005, c. 546, § 1, eff. Oct. 1, 2005; Acts 2022, c. 56, § 1, eff. July 1, 2022.
MD Code, Health - General, § 20-209, MD HEALTH GEN § 20-209
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.
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