Maryland 2022 Regular Session

Maryland Senate Bill SB891 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0891
6	6
7	7	SENATE BILL 891
8	8	J1 2lr2818
9	9
10	10	By: Senators Carozza, Ready, and Eckardt
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Health – Medical Procedures – Parent or Guardian Notice 2
19	19	(Maryland Parental Involvement Enhancement Act) 3
20	20
21	21	FOR the purpose of altering the women on whom a physician is prohibited from performing 4
22	22	an abortion without first providing notice to a parent or guardian of the woman; 5
23	23	altering the circumstances under which a physician may perform certain medical 6
24	24	procedures without first providing notice to a parent or guardian; establishing a 7
25	25	process for a certain individual to seek a judicial waiver of the requirement that a 8
26	26	parent or guardian be notified of a medical procedure; and generally relating to 9
27	27	notice to a parent or guardian and medical procedures. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Health – General 12
31	31	Section 20–103 13
32	32	Annotated Code of Maryland 14
33	33	(2019 Replacement Volume and 2021 Supplement) 15
34	34
35	35	BY adding to 16
36	36	Article – Health – General 17
37	37	Section 20–111 18
38	38	Annotated Code of Maryland 19
39	39	(2019 Replacement Volume and 2021 Supplement) 20
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
42	42	That the Laws of Maryland read as follows: 22
43	43
44	44	Article – Health – General 23
45	45
46	46	20–103. 24
47	47	2 SENATE BILL 891
48	48
49	49
50	50	(A) THIS SECTION APPLIES ONLY WITH RESPECT TO A PREGNANT WOMAN 1
51	51	WHO IS: 2
52	52
53	53	(1) A MINOR; OR 3
54	54
55	55	(2) DISABLED AND HAS HAD A GUARDIAN APPOINTED FOR HER . 4
56	56
57	57	[(a)] (B) Except as provided in [subsections (b) and (c) of this section] § 20–111 5
58	58	OF THIS TITLE, a physician may not perform an abortion on [an unmarried minor] A 6
59	59	PREGNANT WOMAN unless the physician first gives notice to a parent or guardian of the 7
60	60	[minor] PREGNANT WOMAN . 8
61	61
62	62	[(b) The physician may perform the abortion without notice to a parent or 9
63	63	guardian if: 10
64	64
65	65	(1) The minor does not live with a parent or guardian; and 11
66	66
67	67	(2) A reasonable effort to give notice to a parent or guardian is 12
68	68	unsuccessful. 13
69	69
70	70	(c) (1) The physician may perform the abortion, without notice to a parent or 14
71	71	guardian of a minor if, in the professional judgment of the physician: 15
72	72
73	73	(i) Notice to the parent or guardian may lead to physical or 16
74	74	emotional abuse of the minor; 17
75	75
76	76	(ii) The minor is mature and capable of giving informed consent to 18
77	77	an abortion; or 19
78	78
79	79	(iii) Notification would not be in the best interest of the minor. 20
80	80
81	81	(2) The physician is not liable for civil damages or subject to a criminal 21
82	82	penalty for a decision under this subsection not to give notice. 22
83	83
84	84	(d) The postal receipt that shows an article of mail was sent by certified mail, 23
85	85	return receipt requested, bearing a postmark from the United States Postal Service, to the 24
86	86	last known address of a parent or guardian and that is attached to a copy of the notice letter 25
87	87	that was sent in that article of mail shall be conclusive evidence of notice or a reasonable 26
88	88	effort to give notice, as the case may be.] 27
89	89
90	90	[(e)] (C) A physician may not provide notice to a parent or guardian if the 28
91	91	[minor] PREGNANT WOMAN decides not have an abortion. 29
92	92
93	93	20–111. 30
94	94	SENATE BILL 891 3
95	95
96	96
97	97	(A) (1) IF A PHYSICIAN IS REQ UIRED TO PROVIDE NOT ICE TO A PARENT 1
98	98	OR GUARDIAN OF AN IN DIVIDUAL BEFORE PERF ORMING A MEDICAL PROCEDURE , 2
99	99	THE PHYSICIAN MAY PERFOR M THE MEDICAL PROCEDUR E ON THE INDIVIDUAL 3
100	100	WITHOUT NOTICE TO A PARENT OR GUARDIAN IF THE PHYSICIAN OBTAINS : 4
101	101
102	102	(I) A NOTARIZED WRITTEN ST ATEMENT FROM A PARENT OR 5
103	103	GUARDIAN OF THE INDIVIDUAL WAIVING THE PARENT O R GUARDIAN’S RIGHT TO 6
104	104	NOTICE OF THE MEDICAL PROCEDURE OF THE INDIVIDUAL, DATED NO MORE THAN 7
105	105	30 DAYS BEFORE THE DATE OF THE MEDICAL PROCEDURE ; OR 8
106	106
107	107	(II) 1. GOVERNMENT –ISSUED PROOF OF IDEN TITY OF THE 9
108	108	PARENT OR GUARDIAN OF THE INDIVIDUAL; 10
109	109
110	110	2. WRITTEN DOCUMENTATION STATING THAT THE 11
111	111	PARENT OR GUARDIAN I S THE LAWFUL PARENT OR GUARDIAN OF THE INDIVIDUAL; 12
112	112	AND 13
113	113
114	114	3. A SIGNED STATEMENT FRO M THE PARENT OR 14
115	115	GUARDIAN OF THE INDIVIDUAL STATING THAT THE PAR ENT OR GUARDIAN IS A WARE 15
116	116	THAT THE MEDICAL PROCEDURE IS TO BE PERFORMED O N THE INDIVIDUAL. 16
117	117
118	118	(2) THE PHYSICIAN SHALL K EEP A COPY OF ANY DOCUMENTS 17
119	119	PROVIDED BY THE INDIVIDUAL UNDER THIS SUBSECTIO N IN THE MEDICAL RECORD 18
120	120	OF THE INDIVIDUAL FOR AT LEAST 5 YEARS AFTER THE DATE ON WHICH THE 19
121	121	INDIVIDUAL REACHES THE AGE OF 18 YEARS OR 7 YEARS AFTER THE DATE OF THE 20
122	122	MEDICAL PROCEDURE , WHICHEVER IS LATER . 21
123	123
124	124	(3) A PHYSICIAN WHO RECEIV ES PARENTAL NOTICE U NDER 22
125	125	PARAGRAPH (1)(II) OF THIS SUBSECTION S HALL EXECUTE AND INC LUDE IN THE 23
126	126	MEDICAL RECORD OF TH E INDIVIDUAL AN AFFIDAVIT STATING : 24
127	127
128	128	“I, ______________, CERTIFY THAT ACCORDI NG TO MY BEST INFORM ATION AND 25
129	129	BELIEF, A REASONABLE PERSON UNDER SIMILAR CIRCUM STANCES WOULD RELY O N 26
130	130	THE INFORMATION PRES ENTED BY BOTH THE INDIVIDUAL AND THE INDIVIDUAL ’S 27
131	131	PARENT OR G UARDIAN AS SUFFICIEN T EVIDENCE OF IDENTI TY AND 28
132	132	RELATIONSHIP .”. 29
133	133
134	134	(B) (1) IF A PHYSICIAN IS REQ UIRED TO PROVIDE NOT ICE TO THE PARENT 30
135	135	OR GUARDIAN OF AN IN DIVIDUAL BEFORE PERF ORMING A MEDICAL PRO CEDURE, A 31
136	136	PHYSICIAN MAY PERFOR M THE MEDICAL PROCEDUR E ON THE INDIVIDUAL WITHOUT 32
137	137	PROVIDING PRIOR NOTI CE TO THE PARENT OR GUARDIAN OF THE INDIVIDUAL IF 33
138	138	THE PHYSICIAN CERTIF IES IN A DOCUMENT MA INTAINED IN THE MEDI CAL RECORD 34
139	139	OF THE INDIVIDUAL THAT A MEDICAL EMERGENCY EXISTS AND THERE IS 35 4 SENATE BILL 891
140	140
141	141
142	142	INSUFFICIENT TIME TO PROVIDE THE NOTICE. 1
143	143
144	144	(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, IF 2
145	145	THE PHYSICIAN PERFOR MS A MEDICAL PROCEDURE ON AN INDIVIDUAL UNDER 3
146	146	PARAGRAPH (1) OF THIS SUBSECTION , THE PHYSICIAN SHALL NOTIFY THE PARENT 4
147	147	OR GUARDIAN OF THE INDIVIDUAL WITHIN 24 HOURS AFTER THE PROCEDURE , 5
148	148	VERBALLY AND THROUGH CERTIFIED MAIL TO THE LAST KNOWN AD DRESS OF THE 6
149	149	PARENT OR GUARDIAN , SENT WITH RESTRICTED DELI VERY AND RETURN RECE IPT 7
150	150	REQUESTED : 8
151	151
152	152	(I) THAT A MEDICAL PROCEDURE WAS PERFORMED ON THE 9
153	153	INDIVIDUAL DUE TO A MEDICAL EMERGEN CY; 10
154	154
155	155	(II) OF THE NATURE OF THE MEDICAL PROCEDURE ; 11
156	156
157	157	(III) OF THE CIRCUMSTANCES OF THE MEDICAL EMERGENCY ; 12
158	158	AND 13
159	159
160	160	(IV) OF ANY ADDITIONAL RISKS TO THE INDIVIDUAL. 14
161	161
162	162	(3) (I) IF AN INDIVIDUAL GIVES NOTICE TO A PHYSICIAN OF THE 15
163	163	INDIVIDUAL’S INTENT TO SEEK A JUD ICIAL WAIVER UNDER S UBSECTION (C) OF THIS 16
164	164	SECTION FOLLOWING A MEDICAL PROCEDURE PERFORMED UNDER PARA GRAPH (1) 17
165	165	OF THIS SUBSECTION, THE PHYSICIAN: 18
166	166
167	167	1. MAY NOT NOTIFY THE PA RENT OR GUARDIAN OF THE 19
168	168	MEDICAL PROCEDURE BEFORE: 20
169	169
170	170	A. THE TIME FOR WHICH A N INDIVIDUAL MAY FILE A 21
171	171	PETITION EXPIRES ; OR 22
172	172
173	173	B. THE COURT MAKES A RULING REGARDING THE 23
174	174	JUDICIAL WAIVER ; AND 24
175	175
176	176	2. SHALL FILE A NOTICE W ITH THE CIRCUIT COUR T IN 25
177	177	THE JURISDICTION IN WHICH THE MEDICAL PROCEDURE WAS PERFORMED STATIN G: 26
178	178
179	179	A. THAT THE INDIVIDUAL HAS INDICATED THE 27
180	180	INDIVIDUAL’S INTENT TO SEEK A JUD ICIAL WAIVER UNDER SUBSECTION (C) OF THIS 28
181	181	SECTION; AND 29
182	182
183	183	B. THAT A MEDICAL PROCEDURE WAS PERFORMED ON 30
184	184	THE INDIVIDUAL DUE TO A MEDICAL EME RGENCY, THE NATURE OF THE 31 SENATE BILL 891 5
185	185
186	186
187	187	PROCEDURE , THE CIRCUMSTANCES OF THE EMERGENCY , AND ANY ADDITIONAL 1
188	188	RISKS TO THE INDIVIDUAL WITHIN 24 HOURS AFTER THE PROCEDURE . 2
189	189
190	190	(II) IF A COURT RECEIVES N OTICE UNDER SUBPARAG RAPH (I) 3
191	191	OF THIS PARAGRAPH , THE COURT SHALL PROM PTLY SCHEDULE A CONFIDENTIAL 4
192	192	CONFERENCE REGARDING THE NOTICE AND PROVIDE NOTICE O F THE CONFERENCE 5
193	193	TO THE PHYSICIAN AND THE INDIVIDUAL. 6
194	194
195	195	(III) IF THE INDIVIDUAL IS ABLE TO PARTICIPA TE IN THE 7
196	196	CONFERENCE , THE COURT SHALL : 8
197	197
198	198	1. ADVISE THE INDIVIDUAL THAT THE INDIVIDU AL HAS 9
199	199	THE RIGHT TO COURT –APPOINTED COUNSEL ; AND 10
200	200
201	201	2. ON THE INDIVIDUAL’S REQUEST , PROVIDE THE 11
202	202	INDIVIDUAL WITH COUNSEL . 12
203	203
204	204	(IV) IF THE INDIVIDUAL IS UNABLE TO PARTICI PATE IN THE 13
205	205	CONFERENCE , THE COURT SHALL APPO INT COUNSEL ON BEHAL F OF THE 14
206	206	INDIVIDUAL. 15
207	207
208	208	(V) AFTER THE CONFIDENTIA L CONFERENCE REGARDI NG THE 16
209	209	NOTICE AND TAKING IN TO ACCOUNT THE MEDIC AL CONDITION OF THE INDIVIDUAL, 17
210	210	THE COURT SHALL SET A DEADLINE BY WHICH THE INDIVIDUAL MUST FILE A 18
211	211	PETITION UNDER SUBSE CTION (C) OF THIS SECTION. 19
212	212
213	213	(VI) THE COURT MAY EXTEND THE DEA DLINE FOR FILING A 20
214	214	PETITION UNDER SUBSE CTION (C) OF THIS SECTION BASED ON THE MEDICAL 21
215	215	CONDITION OF THE INDIVIDUAL. 22
216	216
217	217	(VII) IF THE INDIVIDUAL DOES NOT FILE A PETI TION OR MOTION 23
218	218	BY THE DEADLINE SET BY THE COURT, THE COURT SHALL DIRE CT THAT THE COURT 24
219	219	CLERK PROVIDE THE NO TICE FILED UNDER SUB PARAGRAPH (I) OF THIS 25
220	220	PARAGRAPH TO THE PARENT OR GUARDIAN OF THE INDIVIDUAL. 26
221	221
222	222	(C) (1) AN INDIVIDUAL MAY FILE A PETITION WITH THE CIRCUIT COU RT 27
223	223	FOR THE COUNTY WHERE THE INDIVIDUAL RESIDES OR WHERE THE PHYSICIAN’S 28
224	224	OFFICE IS LOCATED TO SEEK AN ORDER WAIVIN G THE REQUIREMENT TO PROVIDE 29
225	225	NOTICE TO A PARENT OR GUARDIAN OF THE INDIVIDUAL. 30
226	226
227	227	(2) (I) A COURT SHALL ISSUE AN ORDER AUTHORIZING TH E 31
228	228	INDIVIDUAL TO CONSENT TO A MEDICAL PROCEDURE WITHOUT THE NOTIFICA TION 32
229	229	OF A PARENT OR GUARDIAN OF THE INDIVIDUAL IF THE COURT FINDS , BY CLEAR 33 6 SENATE BILL 891
230	230
231	231
232	232	AND CONVINCING EVIDE NCE, THAT: 1
233	233
234	234	1. THE INDIVIDUAL IS SUFFICIENTLY MATU RE AND 2
235	235	WELL–INFORMED ENOUGH TO D ECIDE WHETHER TO HAV E THE MEDICAL 3
236	236	PROCEDURE ; 4
237	237
238	238	2. THE INDIVIDUAL IS A VICTIM OF PHYSI CAL OR 5
239	239	SEXUAL ABUSE BY A PA RENT OR GUARDIAN ; OR 6
240	240
241	241	3. THAT PROVIDING NOTIFI CATION TO A PARENT O R 7
242	242	GUARDIAN WOULD NOT B E IN THE BEST INTERE ST OF THE INDIVIDUAL. 8
243	243
244	244	(II) IF THE INDIVIDUAL CLAIMS TO BE SUFFICI ENTLY MATURE 9
245	245	AND WELL–INFORMED TO DECIDE W HETHER TO HAVE THE MEDICAL PROCEDURE , 10
246	246	THE INDIVIDUAL SHALL PROVIDE CLEAR AND CONVINCING EVIDE NCE THAT THE 11
247	247	INDIVIDUAL IS SUFFICIENTLY MATU RE AND CAPABLE OF GI VING INFORMED 12
248	248	CONSENT WITHOUT GIVI NG NOTICE TO THE INDIVIDUAL ’S PARENT OR GUARDIAN 13
249	249	BASED ON THE INDIVIDUAL ’S EXPERIENCE LEVEL , PERSPECTIVE, AND JUDGMENT . 14
250	250
251	251	(III) IN DETERMINING WHETHE R AN INDIVIDUAL IS 15
252	252	SUFFICIENTLY MATURE AND WELL–INFORMED ENOUGH TO D ECIDE WHETHER TO 16
253	253	HAVE THE PROCEDURE , THE COURT MAY CONSIDER : 17
254	254
255	255	1. THE AGE OF THE INDIVIDUAL; 18
256	256
257	257	2. THE EXPERIENCES OF THE INDIVIDUAL WORKING, 19
258	258	LIVING OUTSIDE THE H OME, TRAVELING ON THE INDIVIDUAL ’S OWN, HANDLING 20
259	259	PERSONAL FINANCES , OR MAKING OTHER SIGN IFICANT DECISIONS ; AND 21
260	260
261	261	3. THE INTELLECTUAL ABIL ITY OF THE INDIVIDUAL TO 22
262	262	UNDERSTAND THE INDIVIDUAL ’S OPTIONS AND MAKE AN INFORMED DECISION . 23
263	263
264	264	(IV) IN DETERMINING WHETHE R PROVIDING NOTIFICA TION TO 24
265	265	A PARENT OR GUARDIAN OF THE INDIVIDUAL IS NOT IN THE BEST INTEREST OF THE 25
266	266	INDIVIDUAL, THE COURT MAY NOT CO NSIDER THE POTENTIAL FINANCIAL IMPACT 26
267	267	ON THE INDIVIDUAL OR THE FAMILY OF THE INDIVIDUAL IF THE INDIVIDUAL DOES 27
268	268	NOT HAVE THE MEDICAL PROCEDURE . 28
269	269
270	270	(3) (I) BEFORE ISSUING A RULING ON A PETITION FILED UND ER 29
271	271	THIS SUBSECTION, A COURT MAY ORDER THE INDIVIDUAL TO PARTICIPATE IN AN 30
272	272	EVALUATION AND COUNS ELING SESSION, WHICH SHALL BE PROMP TLY SCHEDULED 31
273	273	WITH A MENTAL HEALTH PROFESSIONAL FROM TH E DEPARTMENT OR THE 32
274	274	DEPARTMENT OF HUMAN SERVICES. 33 SENATE BILL 891 7
275	275
276	276
277	277
278	278	(II) THE PURPOSE OF AN EVA LUATION AND COUNSELI NG 1
279	279	SESSION IS TO DEVELOP AN EXPERT OPINION ON: 2
280	280
281	281	1. THE SUFFICIENCY OF KN OWLEDGE, INSIGHT, 3
282	282	JUDGMENT, AND MATURITY OF THE INDIVIDUAL WITH REGARD TO THE 4
283	283	INDIVIDUAL’S DECISION TO HAVE THE MEDICAL PROCEDURE ; AND 5
284	284
285	285	2. WHETHER THE INDIVIDUAL IS SEEKING THE MEDICAL 6
286	286	PROCEDURE OF THE INDIVIDUAL ’S OWN FREE WILL AND NO T ACTING UNDER 7
287	287	COERCION, INTIMIDATION, THREATS, ABUSE, UNDUE PRESSURE , OR EXTORTION . 8
288	288
289	289	(III) THE RESULTS OF AN EVA LUATION AND COUNSELI NG 9
290	290	SESSION UNDER THIS PARAGRAPH SHALL BE REPORTED TO THE COUR T 10
291	291	EXPEDITIOUSLY IN A C ONFIDENTIAL AND SECU RE MANNER TO ENSURE RECEIPT BY 11
292	292	THE COURT BEFORE A HEARING ON THE PET ITION. 12
293	293
294	294	(4) ANY PROCEEDINGS , EVALUATION, OR COUNSELING SESSION 13
295	295	HELD UNDER THIS SUBS ECTION SHALL BE CONF IDENTIAL. 14
296	296
297	297	(5) IF A COURT DOES NOT ISSUE AN ORDER UNDER PARAGRAPH (2)(I) 15
298	298	OF THIS SUBSECTION , THE COURT SHALL DISM ISS THE PETITION. 16
299	299
300	300	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
301	301	October 1, 2022. 18