Does the Maryland law protect babies after viability (when
the child is able to survive outside the womb with or without
artificial support)?
No. In fact, the law allows abortions after viability if
needed to protect the "health" of the mother. "Health" is
defined very broadly, to include "distress...associated with
the unwanted child,...the problem of bringing a child into a
family already unable, psychologically and otherwise, to
care for it,...the additional difficulties and continuing
stigma of unwed motherhood...." Under Maryland law, any
abortion--even a late abortion well after
viability--performed because the unborn child is "unwanted"
is considered a legal abortion provided for "health"
reasons.
Does the Maryland law require parental notification before
a minor girl has an abortion?
No. Although the law has a "parental notification"
clause, the so-called "requirement" is meaningless because
Section 20-103(c)(1) gives the abortionist sole and
unreviewable discretion to disregard parental rights:
(c)(1) The physician may perform the abortion, without
notice to a parent or guardian of a minor if, in the
professional judgment of the physician:
(III) Notification
would not be in the best interest of the minor.
The law is more accurately called an "abortionist consent
law" because it permits the abortionist to decide in any and
every instance that the parents of a teenager should be kept
in the dark about their daughter's pregnancy and need for
guidance.
How does the Maryland law immunize abortionists from civil
liability?
In every area of medicine other than abortion, a person
in Maryland may sue a doctor who fails to give all the
information necessary for the person to give informed
consent. This means that the doctor must tell the patient
all the risks involved in any surgery or treatment, as well
as alternatives to treatment. However, Maryland's abortion
law explicitly exempts abortionists from this requirement in
Section 20-209(D):
(D) The physician is not liable for
civil damages or subject to a criminal penalty for a
decision to perform an abortion under this section made in
good faith and in the physician's best medical judgment in
accordance with accepted standards of medical practice.
This means that a woman who is not given all the information
necessary to make an informed decision cannot sue the
abortionist afterward, so long as abortionists generally
choose not to provide that information (thereby making the
omission one of the "accepted standards of medical
practice"). She has no legal recourse. The abortionist has
been granted immunity.
What does the Maryland law say about health care workers
who, because of their religious faith or personal beliefs,
refuse to refer patients to abortionists?
On May 14, 1991, an additional bill, H.B. 1217, was
signed by Gov. Schaefer to amend both S.B. 162 and the 1968
law. It removes protection from health care workers who
conscientiously object to making elective abortion
referrals.
Section 20-214(D) of the law specifically
subjects health care providers and hospitals to law suits,
disciplinary action, or other recriminatory action for
refusal to make elective abortion referrals if it is claimed
that failure to refer is "the cause of serious long-lasting
injury" and is "contrary to the standards of medical care."
Under the law, "serious long-lasting injury" means any
claimed adverse impact, including "anxiety" or "emotional
distress." "Standards of medical care" mean those standards
set by abortion providers, whose guidelines call for
elective abortion referrals regardless of the moral
convictions of other health care professionals.