Maryland Health - General Section 20-209

Article - Health - General

§ 20-209.

      (a)      In this section, "viable" means that stage when, in the best medical judgment of the attending physician based on the particular facts of the case before the physician, there is a reasonable likelihood of the fetus's sustained survival outside the womb.

      (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.

      (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 medical practice.

      (d)      The physician 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 physician's best medical judgment in accordance with accepted standards of medical practice.

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