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Statutes Text

Article - Health - General


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

    (b)    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)    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 clinical practice.

    (d)    The qualified provider 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 qualified provider’s best clinical judgment in accordance with accepted standards of clinical practice.

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