Maryland HB 1271: Health - Abortion - Ultrasound and Wait Time

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1271*

HOUSE BILL 1271
J1 5lr3128
HB 858/24 – HGO
By: Delegates Ciliberti, Arentz, Arikan, Chisholm, Fisher, Grammer, Hornberger,
Hutchinson, Mangione, Miller, Nawrocki, Reilly, Rose, Szeliga, Valentine,
and Wivell
Introduced and read first time: February 7, 2025
Assigned to: Health and Government Operations

A BILL ENTITLED

AN ACT concerning 1

Health – Abortion – Ultrasound and Wait Time 2

FOR the purpose of prohibiting a qualified provider from performing or inducing an 3
abortion on a pregnant woman within a certain period of time after the woman 4
receives certain ultrasound imaging; establishing certain requirements related to 5
the performance of a certain transabdominal ultrasound; providing that a woman is 6
not required to accept anything offered during certain transabdominal ultrasound 7
imaging; and generally relating to an ultrasound and waiting period before the 8
performance of an abortion. 9

BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 20–209 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14

BY adding to 15
Article – Health – General 16
Section 20–210 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21

Article – Health – General 22

20–209. 23

2 HOUSE BILL 1271

(a) In this section, “viable” means that stage when, in the best clinical judgment 1
of the qualified provider based on the particular facts of the case before the qualified 2
provider, there is a reasonable likelihood of the fetus’s sustained survival outside the womb. 3

(b) Except as PROVIDED IN § 20–210 OF THIS SUBTITLE OR AS otherwise 4
provided in this subtitle, the State may not interfere with the decision of a woman to 5
terminate a pregnancy: 6

(1) Before the fetus is viable; or 7

(2) At any time during the woman’s pregnancy, if: 8

(i) The termination procedure is necessary to protect the life or 9
health of the woman; or 10

(ii) The fetus is affected by genetic defect or serious deformity or 11
abnormality. 12

(c) The Department may adopt regulations that: 13

(1) Are both necessary and the least intrusive method to protect the life or 14
health of the woman; and 15

(2) Are not inconsistent with established clinical practice. 16

(d) The qualified provider is not liable for civil damages or subject to a criminal 17
penalty for a decision to perform an abortion under this section made in good faith and in 18
the qualified provider’s best clinical judgment in accordance with accepted standards of 19
clinical practice AND § 20–210 OF THIS SUBTITLE. 20

20–210. 21

(A) THIS SECTION DOES NOT APPLY TO A WOMAN SEEKING AN ABORTION IF: 22

(1) THE WOMAN IS THE VICTIM OF AN ALLEGED RAPE OR OF INCEST, 23
AS PROHIBITED UNDER § 3–323 OF THE CRIMINAL LAW ARTICLE; AND 24

(2) THE INCIDENT OF RAPE OR INCEST IS REPORTED TO LAW 25
ENFORCEMENT. 26

(B) A QUALIFIED PROVIDER MAY NOT PERFORM OR INDUCE AN ABORTION 27
ON A PREGNANT WOMAN: 28

(1) WITHIN 24 HOURS AFTER THE WOMAN RECEIVES 29
TRANSABDOMINAL ULTRASOUND IMAGING IN ACCORDANCE WITH SUBSECTION (C) 30

HOUSE BILL 1271 3

OF THIS SECTION; OR 1

(2) IF THE WOMAN RESIDES AT LEAST 100 MILES FROM THE FACILITY 2
IN WHICH THE ABORTION WILL BE PERFORMED, WITHIN 2 HOURS AFTER THE 3
WOMAN RECEIVES TRANSABDOMINAL ULTRASOUND IMAGING IN ACCORDANCE WITH 4
SUBSECTION (C) OF THIS SECTION. 5

(C) THE MEDICAL PROFESSIONAL PERFORMING THE TRANSABDOMINAL 6
ULTRASOUND IMAGING REQUIRED UNDER SUBSECTION (B) OF THIS SECTION MUST: 7

(1) BE TRAINED IN SONOGRAPHY AND WORKING UNDER THE 8
SUPERVISION OF A QUALIFIED PROVIDER; 9

(2) IF POSSIBLE, DETERMINE THE GESTATIONAL AGE OF THE FETUS 10
BASED ON: 11

(I) MEASUREMENT OF THE FETUS IN A MANNER CONSISTENT 12
WITH THE STANDARD OF CARE; OR 13

(II) IF ONLY THE GESTATIONAL SAC IS VISIBLE DURING THE 14
TRANSABDOMINAL ULTRASOUND IMAGING, MEASUREMENT OF THE GESTATIONAL 15
SAC; 16

(3) IF GESTATIONAL AGE CANNOT BE DETERMINED UNDER ITEM (2) 17
OF THIS SUBSECTION, VERBALLY OFFER TO THE WOMAN OTHER ULTRASOUND 18
IMAGING TO DETERMINE GESTATIONAL AGE OF THE FETUS; 19

(4) IF PRESENT AND VIEWABLE, INCLUDE IN THE ULTRASOUND 20
IMAGE: 21

(I) THE DIMENSIONS OF THE FETUS; AND 22

(II) AN ACCURATE PORTRAYAL OF THE PRESENCE OF 23
EXTERNAL MEMBERS AND INTERNAL ORGANS OF THE FETUS; 24

(5) MAKE A PRINT OF THE ULTRASOUND IMAGE TO DOCUMENT ANY 25
MEASUREMENTS TAKEN TO DETERMINE THE GESTATIONAL AGE OF THE FETUS; 26

(6) VERBALLY OFFER TO THE WOMAN DURING THE 27
TRANSABDOMINAL ULTRASOUND IMAGING THE OPTION TO: 28

(I) VIEW THE ULTRASOUND IMAGE; 29

4 HOUSE BILL 1271

(II) RECEIVE A PRINTED COPY OF THE ULTRASOUND IMAGE; 1
AND 2

(III) HEAR THE FETAL HEARTBEAT IN A MANNER CONSISTENT 3
WITH THE STANDARD OF CARE; AND 4

(7) OBTAIN FROM THE WOMAN WRITTEN CER