Maryland 2025 Regular Session

Maryland Senate Bill SB1 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	sb0001
6	6
7	7	SENATE BILL 1
8	8	E2, J2, J1 5lr0605
9	9	(PRE–FILED)
10	10	By: Senators Waldstreicher, Hettleman, and Lam
11	11	Requested: June 3, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Finance
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Legally Protected Health Care – Reproductive, Fertility Preservation, and 2
20	20	Contraceptive Treatment and Services 3
21	21	(IVF and Contraception Shield Act of 2025) 4
22	22
23	23	FOR the purpose of altering the definition of “legally protected health care” to include 5
24	24	certain reproductive, fertility preservation, and contraceptive treatment, including 6
25	25	medications and supplies, for the purposes of certain provisions of law that prohibit 7
26	26	health occupations disciplinary actions and certain actions in criminal and civil 8
27	27	proceedings and the use of certain resources in furtherance of certain investigations 9
28	28	and proceedings related to legally protected health care; and generally relating to 10
29	29	legally protected health care. 11
30	30
31	31	BY repealing and reenacting, without amendments, 12
32	32	Article – Courts and Judicial Proceedings 13
33	33	Section 9–302(b)(2), 9–402(a), 10–408(c)(5), and 11–802(a) 14
34	34	Annotated Code of Maryland 15
35	35	(2020 Replacement Volume and 2024 Supplement) 16
36	36
37	37	BY repealing and reenacting, without amendments, 17
38	38	Article – Criminal Procedure 18
39	39	Section 9–106(b) 19
40	40	Annotated Code of Maryland 20
41	41	(2018 Replacement Volume and 2024 Supplement) 21
42	42
43	43	BY repealing and reenacting, without amendments, 22
44	44	Article – Family Law 23
45	45	Section 5–1001(a) and (d) 24
46	46	Annotated Code of Maryland 25
47	47	(2019 Replacement Volume and 2024 Supplement) 26
48	48	2 SENATE BILL 1
49	49
50	50
51	51	BY repealing and reenacting, without amendments, 1
52	52	Article – Health – General 2
53	53	Section 4–208(a) 3
54	54	Annotated Code of Maryland 4
55	55	(2023 Replacement Volume and 2024 Supplement) 5
56	56
57	57	BY repealing and reenacting, without amendments, 6
58	58	Article – Health Occupations 7
59	59	Section 1–227 8
60	60	Annotated Code of Maryland 9
61	61	(2021 Replacement Volume and 2024 Supplement) 10
62	62
63	63	BY repealing and reenacting, without amendments, 11
64	64	Article – Insurance 12
65	65	Section 15–810.1(a)(1) and (4) 13
66	66	Annotated Code of Maryland 14
67	67	(2017 Replacement Volume and 2024 Supplement) 15
68	68
69	69	BY repealing and reenacting, with amendments, 16
70	70	Article – State Personnel and Pensions 17
71	71	Section 2–312 18
72	72	Annotated Code of Maryland 19
73	73	(2024 Replacement Volume and 2024 Supplement) 20
74	74
75	75	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
76	76	That the Laws of Maryland read as follows: 22
77	77
78	78	Article – Courts and Judicial Proceedings 23
79	79
80	80	9–302. 24
81	81
82	82	(b) (2) (i) In this paragraph, “legally protected health care” has the 25
83	83	meaning stated in § 2–312 of the State Personnel and Pensions Article. 26
84	84
85	85	(ii) A judge may not order a person within the State to give testimony 27
86	86	or a statement, or produce documents, electronically stored information, or other tangible 28
87	87	things under this subsection, in a case where prosecution is pending, or where a grand jury 29
88	88	investigation has commenced or is about to commence, for a violation of a criminal law of 30
89	89	another state involving the provision of, receipt of, or assistance with legally protected 31
90	90	health care in the State, unless the acts forming the basis of the prosecution or investigation 32
91	91	would constitute a crime in this State. 33
92	92
93	93	9–402. 34
94	94
95	95	(a) (1) In this subsection, “legally protected health care” has the meaning 35
96	96	stated in § 2–312 of the State Personnel and Pensions Article. 36
97	97	SENATE BILL 1 3
98	98
99	99
100	100	(2) (i) To request issuance of a subpoena under this section, a party 1
101	101	shall submit a foreign subpoena to a clerk of the circuit court for the county in which 2
102	102	discovery is sought to be conducted in this State. 3
103	103
104	104	(ii) The request under subparagraph (i) of this paragraph shall 4
105	105	include a sworn, written statement signed under penalty of perjury by the party seeking 5
106	106	enforcement, or the party’s counsel, that no portion of the subpoena is intended or 6
107	107	anticipated to further any investigation or proceeding related to legally protected health 7
108	108	care, unless the out–of–state proceeding is: 8
109	109
110	110	1. Based in tort, contract, or statute; 9
111	111
112	112	2. A claim for which a similar or equivalent claim would exist 10
113	113	in the State; and 11
114	114
115	115	3. A. Brought by the patient who received l egally 12
116	116	protected health care, or the patient’s legal representative; or 13
117	117
118	118	B. Based on conduct that would be prohibited under the laws 14
119	119	of this State. 15
120	120
121	121	(3) A request for the issuance of a subpoena under this subtitle does not 16
122	122	constitute an appearance in the courts of this State. 17
123	123
124	124	10–408. 18
125	125
126	126	(c) (5) (i) In this paragraph, “legally protected health care” has the 19
127	127	meaning stated in § 2–312 of the State Personnel and Pensions Article. 20
128	128
129	129	(ii) A judge may not issue an ex parte order under this section for 21
130	130	the purpose of investigating or recovering evidence of actions related to legally protected 22
131	131	health care, unless the acts forming the basis for the investigation or recovery of evidence 23
132	132	would constitute a crime in this State. 24
133	133
134	134	11–802. 25
135	135
136	136	(a) (1) In this subsection, “legally protected health care” has the meaning 26
137	137	stated under § 2–312 of the State Personnel and Pensions Article. 27
138	138
139	139	(2) (i) Except as provided in subparagraphs (ii), (iii), and (iv) of this 28
140	140	paragraph, a copy of any foreign judgment authenticated in accordance with an act of 29
141	141	Congress or statutes of this State may be filed in the office of the clerk of a circuit court. 30
142	142
143	143	(ii) If the face amount of the judgment is $2,500 or less, the copy 31
144	144	shall be filed with the clerk of the District Court. 32
145	145	4 SENATE BILL 1
146	146
147	147
148	148	(iii) If the face amount of the judgment is not more than a 1
149	149	jurisdictional amount described in § 4–401 of this article, but more than $2,500, the copy 2
150	150	may be filed either with the clerk of the District Court or in the office of the clerk of a circuit 3
151	151	court. 4
152	152
153	153	(iv) Except as required by federal law, a judgment creditor may not 5
154	154	file a copy of any foreign judgment under this section if the judgment was issued in 6
155	155	connection with any litigation concerning legally protected health care, unless the 7
156	156	underlying cause of action is: 8
157	157
158	158	1. Based in tort, contract, or statute; 9
159	159
160	160	2. A claim for which a similar or equivalent claim would exist 10
161	161	in the State; and 11
162	162
163	163	3. A. Brought by the patient who received legally 12
164	164	protected health care, or the patient’s legal representative; or 13
165	165
166	166	B. Based on conduct that would be prohibited under the laws 14
167	167	of this State. 15
168	168
169	169	(3) The clerk shall treat the foreign judgment in the same manner as a 16
170	170	judgment of the court in which the foreign judgment is filed. 17
171	171
172	172	Article – Criminal Procedure 18
173	173
174	174	9–106. 19
175	175
176	176	(b) (1) In this subsection, “legally protected health care services” has the 20
177	177	meaning stated in § 2–312 of the State Personnel and Pensions Article. 21
178	178
179	179	(2) Unless compelled by a writ of mandamus issued by a federal court, the 22
180	180	Governor may not surrender a person on demand of the executive authority of any other 23
181	181	state if the alleged act for which surrender is being demanded relates to providing, 24
182	182	procuring, or aiding another in providing or procuring legally protected health care services 25
183	183	and the act would not be a crime in the State. 26
184	184
185	185	Article – Family Law 27
186	186
187	187	5–1001. 28
188	188
189	189	(a) In this subtitle the following words have the meanings indicated. 29
190	190
191	191	(d) (1) “Assisted reproduction” means a method of causing pregnancy other 30
192	192	than sexual intercourse. 31
193	193
194	194	(2) “Assisted reproduction” includes: 32 SENATE BILL 1 5
195	195
196	196
197	197
198	198	(i) intrauterine or intracervical insemination; 1
199	199
200	200	(ii) donation of gametes; 2
201	201
202	202	(iii) donation of embryos; 3
203	203
204	204	(iv) in–vitro fertilization and transfer of embryos; and 4
205	205
206	206	(v) intracytoplasmic sperm injection. 5
207	207
208	208	Article – Health – General 6
209	209
210	210	4–208. 7
211	211
212	212	(a) In this section, “gestational carrier” means a woman other than an intended 8
213	213	parent or gamete donor who agrees to become pregnant for an intended parent with the 9
214	214	intention of gestating and delivering the child of the intended parent. 10
215	215
216	216	Article – Health Occupations 11
217	217
218	218	1–227. 12
219	219
220	220	(a) (1) In this section the following words have the meanings indicated. 13
221	221
222	222	(2) “Health care practitioner” means an individual who is licensed, 14
223	223	certified, or otherwise authorized by law to provide health care services under this article. 15
224	224
225	225	(3) “Legally protected health care” has the meaning stated in § 2–312 of 16
226	226	the State Personnel and Pensions Article. 17
227	227
228	228	(b) A health occupations board may not revoke, suspend, discipline, take an 18
229	229	adverse action against, or refuse to issue or renew a license, certification, or other 19
230	230	authorization to practice for any health care practitioner in whole or in part because of the 20
231	231	provision or support of the provision of legally protected health care if the legally protected 21
232	232	health care was provided in accordance with the standard of care as determined by the 22
233	233	relevant health occupations board established under this article and in accordance with the 23
234	234	laws of this State. 24
235	235
236	236	(c) A health occupations board may not revoke, suspend, discipline, take an 25
237	237	adverse action against, or refuse to issue or renew a license, certification, or other 26
238	238	authorization to practice for any health care practitioner if the health care practitioner is 27
239	239	disciplined by a licensure board in another state in whole or in part because of the provision 28
240	240	or support of the provision of legally protected health care if the legally protected health 29
241	241	care was provided in accordance with the standard of care as determined by the relevant 30
242	242	health occupations board established under this article and in accordance with the laws of 31
243	243	this State. 32 6 SENATE BILL 1
244	244
245	245
246	246
247	247	Article – Insurance 1
248	248
249	249	15–810.1. 2
250	250
251	251	(a) (1) In this section the following words have the meanings indicated. 3
252	252
253	253	(4) (i) “Standard fertility preservation procedures” means procedures 4
254	254	to preserve fertility that are consistent with established medical practices and professional 5
255	255	guidelines published by the American Society for Reproductive Medicine, the American 6
256	256	College of Obstetricians and Gynecologists, or the American Society of Clinical Oncology. 7
257	257
258	258	(ii) “Standard fertility preservation procedures” includes sperm and 8
259	259	oocyte cryopreservation and evaluations, laboratory assessments, medications, and 9
260	260	treatments associated with sperm and oocyte cryopreservation. 10
261	261
262	262	(iii) “Standard fertility preservation procedures” does not include the 11
263	263	storage of sperm or oocytes. 12
264	264
265	265	Article – State Personnel and Pensions 13
266	266
267	267	2–312. 14
268	268
269	269	(a) (1) In this section the following words have the meanings indicated. 15
270	270
271	271	(2) “ASSISTED REPRODUCTION ” HAS THE MEANING STAT ED IN § 16
272	272	5–1001 OF THE FAMILY LAW ARTICLE. 17
273	273
274	274	(3) “CONTRACEPTIVE ” MEANS A DRUG , DEVICE, OR BIOLOGICAL 18
275	275	PRODUCT INTENDED FOR USE IN THE PREVENTION OF PR EGNANCY, WHETHER 19
276	276	SPECIFICALLY INTENDE D TO PREVENT PREGNAN CY OR FOR ANY OTHER HEALTH 20
277	277	NEED, THAT IS APPROVED , CLEARED, AUTHORIZED, OR LICENSED UNDER 21 U.S.C. 21
278	278	§ 355, § 360(K), § 360C(F)(2), § 360E, OR § 360BBB–3 OR 42 U.S.C. § 262. 22
279	279
280	280	[(2)] (4) “Gender–affirming treatment” has the meaning stated in § 23
281	281	15–151 of the Health – General Article. 24
282	282
283	283	(5) “GESTATIONAL CARRIER ” HAS THE MEANING STATED IN § 4–208 25
284	284	OF THE HEALTH – GENERAL ARTICLE. 26
285	285
286	286	[(3)] (6) “Legally protected health care” means: 27
287	287
288	288	(i) all reproductive health services, medications, and supplies 28
289	289	related to the direct provision or support of the provision of care related to pregnancy, 29
290	290	[contraception] CONTRACEPTIVES , assisted reproduction, and abortion that is lawful in 30
291	291	the State, INCLUDING: 31 SENATE BILL 1 7
292	292
293	293
294	294
295	295	1. ALL ASSISTED REPRODU CTION TREATMENT AND 1
296	296	STANDARD FERTILITY P RESERVATION PROCEDURES , INCLUDING MEDICATION S, 2
297	297	SUPPLIES, AND THE USE OF GESTA TIONAL CARRIERS , RELATED TO THE DIREC T 3
298	298	PROVISION OR SUPPORT OF THE PROVISION OF CARE RELATED TO ASSI STED 4
299	299	REPRODUCTION OR STAN DARD FERTILITY PRESERVATION PROCEDU RES THAT IS 5
300	300	LAWFUL IN TH E STATE; AND 6
301	301
302	302	2. ALL CONTRACEPTIVE SE RVICES, INCLUDING 7
303	303	MEDICATIONS , SUPPLIES, AND SURGICAL PROCEDU RES, RELATED TO THE DIREC T 8
304	304	PROVISION OR SUPPORT OF THE PROVISION OF CARE RELATED TO CONT RACEPTIVE 9
305	305	SERVICES THAT IS LAW FUL IN THE STATE; or 10
306	306
307	307	(ii) all gender–affirming treatment, including medications and 11
308	308	supplies, related to the direct provision or support of the provision of care related to 12
309	309	gender–affirming treatment that is lawful in the State. 13
310	310
311	311	(7) “STANDARD FERTILITY PR ESERVATION PROCEDURE S” HAS THE 14
312	312	MEANING STATED IN § 15–810.1 OF THE INSURANCE ARTICLE. 15
313	313
314	314	(b) This section does not apply to an interstate investigation or proceeding 16
315	315	described under subsection (c) of this section if: 17
316	316
317	317	(1) the interstate investigation or proceeding concerns conduct that would 18
318	318	be subject to civil liability, criminal liability, or administrative sanction if committed in the 19
319	319	State; or 20
320	320
321	321	(2) the subject of the interstate investigation or proceeding submits a 21
322	322	written request to provide information or assistance to the investigation or proceeding. 22
323	323
324	324	(c) An agency of the State or a political subdivision of the State, an agent or 23
325	325	employee of the State or a political subdivision of the State acting in the agent’s or 24
326	326	employee’s official capacity, or a private party providing services on behalf of the State or 25
327	327	a political subdivision of the State, may not provide information, expend time or money, or 26
328	328	use State facilities, State property, State equipment, State personnel, or other State 27
329	329	resources in furtherance of any interstate investigation or proceeding seeking to impose 28
330	330	civil or criminal liability on, or administrative sanction against, a person for any activity 29
331	331	relating to legally protected health care if the activity would not be subject to civil or 30
332	332	criminal liability or professional sanction in the State. 31
333	333
334	334	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
335	335	October 1, 2025. 33