EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1167*
HOUSE BILL 1167
J1 2lr2856
By: Delegates McComas, Boteler, McKay, and Shoemaker
Introduced and read first time: February 11, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Abortions – Coercion 2
(Coercive Abuse Against Mothers Prevention Act ) 3
FOR the purpose of prohibiting an individual from committing or threatening certain 4
actions with the intent of coercing a pregnant woman to have an abortion; providing 5
that a pregnant minor is considered an emancipated minor for purposes of eligibility 6
for public assistance if the minor is denied financial support from a parent or 7
guardian due to the minor’s refusal to have an abortion; requiring a health care 8
facility that performs abortions to post certain signs in certain rooms of the facility; 9
requiring employees and volunteers of a health care facility that performs abortions 10
to make a certain report under certain circumstances; requiring physicians to comply 11
with a certain waiting period before performing an abortion if an employee or 12
volunteer suspects that a pregnant woman is being coerced into having an abortion; 13
and generally relating to abortion. 14
BY adding to 15
Article – Health – General 16
Section 20–217 through 20–223 to be under the new part “Part V. Coercive Actions” 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2021 Supplement) 19
Preamble 20
WHEREAS, Research indicates that violence against pregnant women is a serious 21
problem; and 22
WHEREAS, Many women repo rt that they were coerced into abortions and have 23
suffered grievous physical, emotional, psychological, and spiritual harm as a result; and 24
WHEREAS, More cases of coerced or attempted coerced abortions are reported if 25
women are informed of their rights and provided information concerning treatment and 26 2 HOUSE BILL 1167
protection options; and 1
WHEREAS, More women receive treatment for coercive abuse if they are informed 2
of their rights and given information concerning treatment and protection options; and 3
WHEREAS, Coercive abuse is a serious women’s health issue because it violates a 4
woman’s right to physical and emotional health, freedom of conscience, and freedom to 5
choose whether to continue her pregnancy or have an abortion; now, therefore, 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Health – General 9
20–215. RESERVED. 10
20–216. RESERVED. 11
PART V. COERCIVE ACTIONS. 12
20–217. 13
(A) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(B) (1) “ABORTION” MEANS THE ACT OF USI NG OR PRESCRIBING AN 16
INSTRUMENT , A MEDICINE, A DRUG, OR ANY OTHER SUBSTAN CE, DEVICE, OR MEANS 17
WITH THE INTENT TO T ERMINATE THE CLINICA LLY DIAGNOSABLE PREG NANCY OF A 18
WOMAN, WITH KNOWLEDGE THAT THE TERMINATION BY T HOSE MEANS WILL WITH 19
REASONABLE LIKELIHOO D CAUSE THE DEATH OF THE UNBORN CHILD . 20
(2) “ABORTION” DOES NOT INCLUDE THE USE OR PRESCRIPTION OF 21
AN INSTRUMENT , A MEDICINE, A DRUG, OR ANY OTHER SUBSTAN CE, DEVICE, OR 22
MEANS IF USED OR PRE SCRIBED TO: 23
(I) SAVE THE LIFE OR PRES ERVE THE HEALTH OF A N UNBORN 24
CHILD; 25
(II) REMOVE A DEAD UNBORN CHILD RESULTING FROM 26
SPONTANEOUS PREGNANC Y LOSS; 27
(III) REMOVE AN ECTOPIC PRE GNANCY; OR 28
(IV) TREAT A MATERNAL DISE ASE OR ILLNESS FOR WHICH THE 29 HOUSE BILL 1167 3
PRESCRIBED DRUG IS I NDICATED. 1
(C) “HEALTH CARE FACILITY ” HAS THE MEANING STAT ED IN § 19–114 OF 2
THIS ARTICLE. 3
20–218. 4
(A) AN INDIVIDUAL WHO KNOWS OR SUSPECT S THAT A WOMAN IS PREG NANT 5
MAY NOT ENGAGE , OR CONSPIRE WITH ANO THER INDIVIDUAL TO ENGAGE, IN THE 6
FOLLOWING CONDUCT WI TH THE INTENT OF DIR ECTING THE PREGNANT WOMAN TO 7
HAVE AN ABORTION , BASED ON THE PREGNANT WOMAN DISREGARDING O R 8
REFUSING THE INDIVIDUAL’S DEMAND THAT SHE SE EK AN ABORTION : 9
(1) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 10
COMMIT PHYSICAL HARM TO THE PREGNANT WOMAN, UNBORN CHILD , OR ANOTHER 11
INDIVIDUAL; 12
(2) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 13
COMMIT A VIOLATION OF THE CRIMINAL LAW ARTICLE; 14
(3) REVOKING, ATTEMPTING TO REVOKE , OR THREATENING TO 15
REVOKE A SCHOLARSHIP AWARDED TO THE PREGNANT WOMAN BY AN INSTITUT ION 16
OF HIGHER EDUCATION ; 17
(4) DISCHARGING, ATTEMPTING TO DISCHA RGE, OR THREATENING 18
TO DISCHARGE THE PREGNANT WOMAN OR ANOTHER INDIVIDUAL FROM 19
EMPLOYMENT; 20
(5) CHANGING, ATTEMPTING TO CHANGE , OR THREATENING TO 21
CHANGE THE COMPENSAT ION, TERMS, CONDITIONS, OR PRIVILEGES OF 22
EMPLOYMENT OF THE PREGNANT WOMAN OR ANOTHER INDIVIDUAL; 23
(6) DENYING, ATTEMPTING TO DENY , OR THREATENING TO DE NY ANY 24
SOCIAL ASSISTANCE THAT A PREGNANT WOMAN HAS APPLIED FOR , HAS BEEN 25
RECEIVING, OR IS ELIGIBLE FOR; OR 26
(7) DENYING, REMOVING, OR THREATENING TO DE NY OR REMOVE 27
FINANCIAL SUPPORT OR HOUSING FROM A DEPEN DENT OF THE PREGNANT WOMAN. 28
(B) AN INDIVIDUAL WHO VIOLATES THIS SECTION IS GUILTY OF A 29
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000. 30
(C) THE SENTENCE IMPOSED FOR A VIOLATION OF T HIS SECTION SHALL BE 31 4 HOUSE BILL 1167
CONSECUTIVE TO AND NOT CONCURRENT W ITH ANY OTHER SENTENCE IMPOSED 1
FOR ANY CRIME BASED ON THE ACT EST ABLISHING THE VIOLAT ION OF THIS 2
SECTION. 3
20–219. 4
(A) (1) A WOMAN WHO IS A VICTI M OF A VIOLATION OF § 20–218 OF THIS 5
SUBTITLE MAY BRING A CIVIL ACTION FOR MONEY DAMAGES AGAINST THE 6
PERPETRATOR , INCLUDING AN ACTION FOR WRONGFUL DEATH U NDER TITLE 3, 7
SUBTITLE 9 OF THE COURTS ARTICLE IF APPLICABLE. 8
(2) AN ACTION MAY BE BROU GHT UNDER THIS SECTI ON WITHOUT 9
REGARD TO: 10
(I) WHETHER AN ABORTION WAS ACTUALL Y PERFORMED ; 11
(II) WHETHER THE DEFENDANT WAS CRIMINALLY 12
PROSECUTED ; OR 13
(III) THE OUTCOME OF ANY CR IMINAL PROSECUTION . 14
(3) A WOMAN WHO IS SUCCESSFUL IN A CIVIL ACTION UNDER THIS 15
SUBSECTION IS ENTITLED TO REASONABLE ATTORN EY’S FEES. 16
(B) (1) A PREGNANT WOMAN WHO I S THE VICTIM OF A VI OLATION OF § 17
20–218 OF THIS SUBTITLE MAY BRING AN ACTION IN CIRCUIT CO URT SEEKING TO 18
PREVENT THE PERPETRATOR FROM COMMITTING A SUBSEQUENT VIOLATION OR 19
CEASE AN ONGOING VIO LATION OF § 20–218 OF THIS SUBTITLE. 20
(2) IN AN ACTION BROUGHT UNDER PARAGRAPH (1) OF THIS 21
SUBSECTION, THE COURT SHALL : 22
(I) PROVIDE THE PREGNANT W OMAN WITH COUNSEL IF 23
REQUESTED ; 24
(II) GIVE THE MATTER EXPED ITED CONSIDERATIO N; AND 25
(III) GRANT ANY RELIEF NECESSARY TO PREVENT FURTHER 26
VIOLATION OR CEASE A N ONGOING VIOLATION OF § 20–218 OF THIS SUBTITLE. 27
20–220. 28
(A) IF A MINOR IS DENIED FINANCIAL SUPPORT FR OM A PARENT , 29 HOUSE BILL 1167 5
GUARDIAN, OR CUSTODIAN DUE TO THE MINOR’S REFUSAL TO HAVE AN ABORTION, 1
THE MINOR SHALL BE C ONSIDERED AN EMANCIP ATED MINOR FOR PURPO SES OF 2
ELIGIBILITY FOR PUBL IC ASSISTANCE BENEFI TS. 3
(B) ANY PUBLIC ASSISTANCE BENEFITS PROVIDED TO A MINOR 4
EMANCIPATED UNDER THIS SECTION M AY NOT BE USED TO OB TAIN AN ABORTION . 5
20–221. 6
AS A CONDITION OF LIC ENSURE, A HEALTH CARE FACILITY THAT PERFOR MS 7
ABORTIONS SHALL POST SIGNS CONSPICUOUSLY IN A WAITING ROOM , 8
CONSULTATION ROOM , AND PROCEDURE ROOM STATING THE FOLLOWING: 9
“IT IS AGAINST THE LAW FOR ANYONE , REGARDLESS OF HIS OR HER 10
RELATIONSHIP TO YOU , TO FORCE YOU TO HAVE AN ABORTION . YOU HAVE THE 11
RIGHT TO CONTACT ANY STATE OR LOCAL LAW ENFORCEMEN T OR SOCIAL SERVICE 12
AGENCY TO RECEIVE PR OTECTION FROM ANY AC TUAL OR THREATENED PHYSIC AL, 13
EMOTIONAL, OR PSYCHOLOGICAL ABU SE. IT IS AGAINST THE LAW TO PERFORM , 14
INDUCE, PRESCRIBE FOR , OR PROVIDE YOU WITH THE MEANS FOR AN ABO RTION 15
WITHOUT YOUR VOLUNTA RY CONSENT.”. 16
20–222. 17
(A) BEFORE PERFORMING AN ABORTI ON, A PHYSICIAN SHALL, IN A PRIVATE 18
ROOM: 19
(1) ASK THE PREGNANT WOMAN IF SHE IS BEING COER CED, 20
THREATENED , OR FORCED TO HAVE AN ABORTION; 21
(2) OFFER TO PROVIDE THE PREGNANT WOMAN WITH INFORMATION 22
ABOUT ASSISTANCE , COUNSELING , AND PROTECTIVE SERVI CES OFFERED BY SOCIA L 23
SERVICES AND LAW ENF ORCEMENT AGENCIES ; 24
(3) PROVIDE THE PREGNANT WOMAN WITH A TELEPHO NE THAT SHE 25
MAY USE TO MAKE A PR IVATE PHONE CALL ; AND 26
(4) PROVIDE THE PREGNANT WOMAN WITH AN ALTERN ATIVE EXIT 27
FROM THE FACILITY . 28
(B) (1) AN EMPLOYEE OR A VOLUNTEER OF A HEALTH CARE FACILITY 29
WHO KNOWS, ALLEGES, OR SUSPECT S A PREGNANT WOMAN TO BE A VICTIM OF A 30
VIOLATION OF § 20–218 OF THIS SUBTITLE PERSONALLY SHALL MAKE A REPORT TO 31
A LOCAL LAW ENFORCEMENT AGEN CY WITHIN 48 HOURS AFTER THE DISCOVERY OF 32 6 HOUSE BILL 1167
THE KNOWLEDGE , ALLEGATION, OR SUSPICION. 1
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 2
SUBSECTION SHALL CONTAIN : 3
(I) THE NAME AND ADDRESS OF THE PREGNANT WOMAN; 4
(II) IF THE PREGNANT WOMAN IS A MINOR, THE NAME AND 5
ADDRESS OF A PARENT OR GUARDIAN OF THE M INOR; AND 6
(III) ANY RELEVANT INFORMATION THE EMPLOYEE OR 7
VOLUNTEER HAS RELATING TO THE KNOWN, ALLEGED, OR SUSPECTED COERCIO N. 8
(3) IF AN EMPLOYEE OR VOL UNTEER KNOWS, ALLEGES, OR SUSPECTS 9
THAT A PREGNANT WOMA N IS A VICTIM OF A VIOLATION OF § 20–218 OF THIS 10
SUBTITLE, A PHYSICIAN SHALL ORAL LY INFORM THE PREGNA NT WOMAN THAT: 11
(I) COERCION IS PROHIBITED UNDER § 20–218 OF THIS 12
SUBTITLE; 13
(II) THE PREGNANT WOMAN MAY HAVE LEGAL REMED IES; AND 14
(III) A REQUEST OR DEMAND FOR AN ABORTION MADE BY THE 15
FATHER OF THE UNBORN CHILD DOES NOT RELI EVE THE FATHER OF HIS FINANCIAL 16
SUPPORT RESPONSIBILI TIES. 17
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 18
PHYSICIAN MAY NOT PER FORM AN ABORTION ON A PREGNANT WOMAN WHO IS 19
KNOWN, ALLEGED, OR SUSPECTED TO BE A VICTIM OF A VIOLATION OF § 20–218 OF 20
THIS SUBTITLE WITHIN 24 HOURS AFTER THE LATER OF: 21
(I) THE DISCOVERY OF THE KNOWLEDGE , SUSPICION, OR 22
ALLEGATION; OR 23
(II) INFORMING THE PREGNANT WOMAN OF HER RIGHTS UNDER 24
SUBSECTION S (A) AND (B)(3) OF THIS SECTION. 25
(2) THE 24–HOUR WAITING PERIOD REQUIRED UNDER PARAG RAPH 26
(1) OF THIS SUBSECTION M AY BE WAIVED IF , IN THE PHYSICIAN ’S BEST MEDICAL 27
JUDGMENT, AN ABORTION IS NECES SARY TO PREVENT THE DEATH OF THE 28
PREGNANT WOMAN OR SUBSTANTIAL AND IRREVERSIBLE INJ URY TO ONE OF THE 29
PREGNAN T WOMAN’S MAJOR BODILY FUNCT IONS. 30
HOUSE BILL 1167 7
(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 1
AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $500. 2
(E) A HEALTH CARE FACILITY MAY NOT EMPLOY AN IN DIVIDUAL OR ALLOW 3
AN INDIVIDUAL TO VOL UNTEER IF THE INDIVI DUAL HAS COMMITTED A VIOLATION 4
OF THIS SECTION. 5
20–223. 6
ON THE REQUEST OF THE INDIV IDUAL REPORTING AN ALLEGED VIOLATION 7
OF § 20–218 OR § 20–222 OF THIS SUBTITLE, A LAW ENFORCEMENT AG ENCY SHALL 8
NOTIFY THE INDIVIDUA L MAKING THE REPORT AT LEAST 24 HOURS BEFORE THE 9
LAW ENFORCEMENT AGEN CY’S INITIAL CONTACT WITH THE ALLEGED VIOLATOR . 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 11
October 1, 2022. 12