EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1251*
HOUSE BILL 1251
J3, C4 5lr3170
By: Delegates Toles, Amprey, Atterbeary, Boafo, Boyce, Hill, D. Jones, J. Long,
Pasteur, Patterson, Smith, Taylor, Wells, White Holland, Wilkins, and
Williams
Introduced and read first time: February 7, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Health Care Facilities and Medical Professional Liability Insurers – Obstetric 2
Services Policies 3
(Doula and Birth Policy Transparency Act) 4
FOR the purpose of requiring certain health care facilities to adopt and provide evidence to 5
the Maryland Department of Health that the health care facility has a certain policy 6
relating to obstetric services; requiring insurers that issue or deliver medical 7
professional liability insurance policies in the State, on request, to provide the 8
Maryland Department of Health with information regarding the insurer’s policy 9
regarding coverage of obstetric services; and generally relating to obstetric services. 10
BY adding to 11
Article – Health – General 12
Section 19–2601 and 19–2602 to be under the new subtitle “Subtitle 26. Health Care 13
Facility Obstetric Services Policy” 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16
BY adding to 17
Article – Insurance 18
Section 19–104.1 19
Annotated Code of Maryland 20
(2017 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Health – General 24
2 HOUSE BILL 1251
SUBTITLE 26. HEALTH CARE FACILITY OBSTETRIC SERVICES POLICY. 1
19–2601. 2
(A) IN THIS SUBTITLE THE FOLLOWING WORDS H AVE THE MEANINGS 3
INDICATED. 4
(B) “FREESTANDING AMBULATO RY CARE FACILITY ” HAS THE MEANING 5
STATED IN § 19–3B–01 OF THIS TITLE. 6
(C) “HEALTH CARE FACILITY ” MEANS A HOSPITAL OR FREESTANDING 7
AMBULATORY CARE FACI LITY THAT PROVIDES O BSTETRIC CARE . 8
(D) “HOSPITAL” HAS THE MEANING STAT ED IN § 19–301 OF THIS TITLE. 9
19–2602. 10
(A) A HEALTH CARE FACILITY SHALL ADOPT AND PROVIDE EVIDENCE TO 11
THE DEPARTMENT THAT THE HEALTH CARE FACILITY HAS A POLIC Y THAT: 12
(1) ALLOWS EVERY BIRTHING PARENT TO HAVE A CERTIFIED DOULA, 13
AS DEFINED IN § 15–141.4 OF THIS ARTICLE, PRESENT DURING BIRTH , IN ADDITION 14
TO ANY AUTHORIZED GU ESTS; 15
(2) PRIORITIZES NEWBORN B ONDING WITH THE FAMI LY OF THE 16
NEWBORN; 17
(3) PROHIBITS THE HEALTH CARE FACILITY FROM USING 18
SIGNIFICANT MEDICAL INTERVENTION IN THE BIRTHING PROCESS WIT HOUT THE 19
INFORMED CONSENT OF THE BIRTHING P ARENT, INCLUDING: 20
(I) THE ADMINISTRATION OF A MEDICATION THAT WI LL 21
INDUCE LABOR ; 22
(II) A CESAREAN SECTION; AND 23
(III) USE OF FORCEPS; 24
(4) DETAILS THE HEALTH CARE FACILITY’S PROCESS FOR RECEIV ING 25
A BIRTHING P ARENT’S MEDICAL INFORMATION FROM A HEALTH CARE PROVIDER 26
REGULATED UNDER TITLE 8 OF THE HEALTH OCCUPATIONS ARTICLE WHO HAS 27
PROVIDED SERVICES TO THE BIRTHING PERSON ; AND 28
HOUSE BILL 1251 3
(5) ESTABLISHES A PROCESS TO TRANSFER AND RECE IVE PREGNANT 1
PERSONS ACROSS THE HEALTH CARE FACILITY’S LEVELS OF CARE WIT HIN THE 2
FACILITY’S CAPACITY AND CAPAB ILITY. 3
(B) THE PROCESS DETAILED IN THE POLICY REQUIRED UNDER SUBSECTION 4
(A)(4) OF THIS SECTION SHAL L INCLUDE A PROCESS FOR TRANSFERRING MED ICAL 5
RECORDS WHEN THE BIR THING PARENT WAS REC EIVING SERVICES FROM THE 6
HEALTH CARE PROVIDER IN A HOME B IRTH SETTING. 7
(C) A HEALTH CARE FACILITY SHALL PROV IDE EVIDENCE TO THE 8
DEPARTMENT THAT THE HEALTH CARE FACILITY HAS ADOPTED A POLICY UNDER 9
SUBSECTION (A) OF THIS SECTION: 10
(1) (I) ON OR BEFORE JANUARY 1, 2026; OR 11
(II) IF THE HEALTH CARE FA CILITY IS ESTABLISHE D AFTER 12
JANUARY 1, 2026, ON THE ESTABLISHMENT OF THE HEALTH CARE FACILITY ; AND 13
(2) WHENEVER THE POLICY IS UPDATE D. 14
(D) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CARRY OUT THIS 15
SECTION, INCLUDING REGULATION S THAT ESTABLISH THE FORM AND MANNER IN 16
WHICH A HEALTH CARE FACILITY MAY PROV E TO THE DEPARTMENT THAT THE 17
HEALTH CARE FACILITY HAS ADOPTED A POLICY IN COMPLIAN CE WITH THIS 18
SECTION. 19
Article – Insurance 20
19–104.1. 21
ON REQUEST , AN INSURER THAT ISSUES OR DELIV ERS MEDICAL 22
PROFESSIONAL LIABILI TY INSURANCE POLICIES IN THE STATE SHALL PROVIDE THE 23
MARYLAND DEPARTMENT OF HEALTH WITH INFORMATI ON REGARDING THE 24
INSURER’S POLICY RELATED T O COVERAGE OF OBSTETRIC SERVICES, INCLUDING 25
COVERAGE FOR A VAGINAL BIRTH AFTE R CESAREAN. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2025. 28