spirituality

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.

*hb0050*

HOUSE BILL 50 J1 2lr0879

(PRE–FILED)

By: Delegate Amprey

Requested: October 20, 2021

Introduced and read first time: January 12, 2022

Assigned to: Health and Government Operations

A BILL ENTITLED

AN ACT concerning 1

Public Health – Abortion, Artificial Insemination, and Sterilization – 2

Requirement 3

FOR the purpose of requiring, rather than prohibiting, licensed hospitals, hospital 4

directors, and hospital governing boards to authorize within the hospitals the 5

performance of any medical procedure that results in artificial insemination, 6

sterilization, or termination of pregnancy or to refer to any source for these medical 7

procedures; and generally relating to hospitals and abortions, artificial insemination, 8

and sterilizations. 9

BY repealing and reenacting, with amendments, 10

Article – Health – General 11

Section 20–214 12

Annotated Code of Maryland 13

(2019 Replacement Volume and 2021 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15

That the Laws of Maryland read as follows: 16

Article – Health – General 17

20–214. 18

(a) (1) A person may not be required to perform or participate in, or refer to 19

any source for, any medical procedure that results in artificial insemination, sterilization, 20

or termination of pregnancy. 21

(2) The refusal of a person to perform or participate in, or refer to a source 22

for, these medical procedures may not be a basis for: 23

2 HOUSE BILL 50

(i) Civil liability to another person; or 1

(ii) Disciplinary or other recriminatory action against the person. 2

(b) [(1)] A licensed hospital, hospital director, or hospital governing board [may 3

not be required] SHALL: 4

[(i)] (1) [To permit] AUTHORIZE, within the hospital, the 5 performance of any medical procedure that results in artificial insemination, sterilization, 6

or termination of pregnancy; or 7

[(ii)] (2) [To refer] REFER to any source for these medical 8 procedures. 9

[(2) The refusal to permit or to refer to a source for these procedures may 10 not be grounds for: 11

(i) Civil liability to another person; or 12

(ii) Disciplinary or other recriminatory action against the person by 13

this State or any person.] 14

(c) (1) The refusal of an individual to submit to or give consent for an abortion 15

or sterilization may not be grounds for loss of any privileges or immunities to which the 16

individual otherwise would be entitled. 17

(2) Submitting to or granting consent for an abortion or sterilization may 18

not be a condition precedent to the receipt of any public benefits. 19

(d) Notwithstanding any other provision of this section, a health care provider, a 20

licensed hospital, a hospital director, or a hospital governing board is not immune from civil 21

damages, if available at law, or from disciplinary or other recriminatory action, if the failure 22

to refer a patient to a source for any medical procedure that results in sterilization or 23

termination of pregnancy would reasonably be determined as: 24

(1) The cause of death or serious physical injury or serious long–lasting 25

injury to the patient; and 26

(2) Otherwise contrary to the standards of medical care. 27

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28

October 1, 2022. 29