Section 20-209 - Intervention; regulations; liability. - Maryland Statutes

§ 20-209. Intervention; regulations; liability.
 

(a)  "Viable" defined.- In this section, "viable" means that stage when, in the best medical judgment of the attending physician based on the particular facts of the case before the physician, there is a reasonable likelihood of the fetus's sustained survival outside the womb. 

(b)  State intervention.- Except as otherwise provided in this subtitle, the State may not interfere with the decision of a woman to terminate a pregnancy: 

(1) Before the fetus is viable; or 

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

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

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

(c)  Regulations.- The Department may adopt regulations that: 

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

(2) Are not inconsistent with established medical practice. 

(d)  Liability.- 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. 
 

[1991, ch. 1.]