Current with changes from the 2024 Legislative Session
Section 20-103 - Abortion(a) In this section, "qualified provider" means a physician, nurse practitioner, nurse-midwife, licensed certified midwife, physician assistant, or any other individual: (1) Who is licensed, certified, or otherwise authorized by law to practice in the State; and(2) For whom the performance of an abortion is within the scope of the individual's license or certification.(b) Except as provided in subsections (c) and (d) of this section, a qualified provider may not perform an abortion on an unmarried minor unless the qualified provider first gives notice to a parent or guardian of the minor.(c) The qualified provider may perform the abortion without notice to a parent or guardian if: (1) The minor does not live with a parent or guardian; and(2) A reasonable effort to give notice to a parent or guardian is unsuccessful.(d)(1) The qualified provider may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgment of the qualified provider: (i) Notice to the parent or guardian may lead to physical or emotional abuse of the minor;(ii) The minor is mature and capable of giving informed consent to an abortion; or(iii) Notification would not be in the best interest of the minor.(2) The qualified provider is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice.(e) The postal receipt that shows an article of mail was sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of a parent or guardian and that is attached to a copy of the notice letter that was sent in that article of mail shall be conclusive evidence of notice or a reasonable effort to give notice, as the case may be.(f) A qualified provider may not provide notice to a parent or guardian if the minor decides not to have the abortion.Amended by 2022 Md. Laws, Ch. 56, Sec. 1, eff. 7/1/2022.