A019-9900






10	AN ACT CONCERNING 								

									

20		Abortion-Parental Notification

									

30 	FOR the prohibiting abortions performed on minors until written 

40		notice is given to the minor's parent or guardian by the physician.  								

									

50	BY repealing								

60		Article-Health-General							

70		Section 20-103							

80		Annotated Code of Maryland							

90		(1996 Replacement Volume and 1999 Supplement)					

	

									

100	BY adding to								

110		Article-Health-General							

120		Section 20-103							

130		Annotated Code of Maryland							

140		(1996 Replacement Volume and 1999 Supplement)				

		

									

150 	SECTION 1:  BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE

160		THAT THE LAWS OF MARYLAND READ AS FOLLOWS:							

									

170	Article 20-Health-General								

									

180	¤ 103 (strike 190-400)		

190	(a)	Except as provided in subsections (b) and (c) of this section, a physician may not							

200 		perform an abortion on an unmarried minor unless the physician

210		first gives notice to a parent or guardian of the minor.							

									

220	(b)	The physician may perform the abortion without notice to a parent or guardian if:							

230		(1)	The minor does not live with a parent or guardian; and 	

				

240		(2)	A reasonable effort to give notice to a parent or guardian is unsuccessful.	

				

250	(c)	(1)	The physician may perform the abortion, without notice to a parent or 	

260			guardian of a minor if, in the professional judgment of the physician:	

				

270			(i)	Notice to the parent or guardian may lead to physical or  

280				emotional abuse of the minor;

				

290			(ii)	The minor is mature and capable of giving informed consent to an

300				abortion; or

				

310			(iii)	Notification would not be in the best interest of the minor.

				

320		(2)	The physician is not liable for civic damages or subject to a criminal 	

330			penalty for a decision under this subsection not to give notice.  

			

340	(d)	The postal receipt that shows an article of mail was sent by certified mail, return	

350		receipt requested, bearing a postmark from the United States Postal Service, to 	

360		the last known address of a parent or guardian and that is attached to a copy of	

370		the notice letter that was sent in that article of mail shall be conclusive evidence	

380		of notice or a reasonable effort to give notice, as the case may be.	

			

390	(e)	A physician may not provide notice to a parent or guardian if the minor decides 	

400		not to have an abortion.	

			

410	(A)	A PHYSICIAN MAY NOT PERFORM AN ABORTION ON A MINOR UNTIL THE	

420		PHYSICIAN GIVES WRITTEN NOTICE TO THE PARENT OR GUARDIAN AND 	

430		RECEIVES CONFIRMATION FROM THE PARENT OR GUARDIAN.  	

			

440	(B)	(1)     THE MINOR MAY SEEK WAIVER OF PARENTAL NOTIFICATION FROM 

450			A JUDGE IN THE FAMILY LAW DIVISION OF A CIRCUIT COURT.

			

460		(2)	COURT PROCEEDINGS UNDER THIS SECTION SHALL BE

470			CONFIDENTIAL.

			

480		(3)	THE COURT SHALL MAKE LEGAL CONCLUSIONS WITHIN 48 HOURS

490			OF THE TIME THAT THE MOTION IS FILED.

			

500		(4)	THE JUDGE SHALL AUTHORIZE A WAIVER OF PARENTAL 

510			NOTIFICATION IF THE JUDGE FINDS THAT THERE IS EVIDENCE OF

520			PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE OF THE MINOR BY THE

530			PARENT OR GUARDIAN.

			

540	(C)	A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL BE 	

550		GUILTY OF A MISDEMEANOR.	

			

560	SECTION 2:  AND BE IT FURTHER ENACTED, that it shall be effective as of

570		July 1, 2000.						

							

580	MANDATES:	State Senator Rober Hooper				

590			State Senator Larry Haines				

600			State Senator Nancy Jacobs				

610			State Senator Andrew Harris				

620			State Delegate Anthony O'Donnell				

630			State Delegate Wade Kach				

640			State Delegate James Kelly				

650			United States Delegate Robert Ehrlich, Jr.				

							

							

Sponsor:

Carrie Ward

UMBC Patapsco #326

1000 Hilltop Circle

Baltimore, MD  21250

cward2@gl.umbc.edu