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