SPIRO T. AGNEW, Governor                        871

This Subcommittee recommended after careful and thoughtful con-
sideration of the entire subject that Maryland should repeal its
criminal laws on abortion. The Subcommittee pointed out that such
a repeal would mean that abortions hereafter would be solely a
medical procedure and therefore performed by physicians subject
to the standards of accepted medical practice and in licensed hospi-

tals.

In addition to the repeal of the laws on criminal abortion, is is

desirable to remove references to that offense from the laws in the

Medical Practices Act and also to make illegal certain forms of

advertising concerning abortions performed in places other than

hospitals and also the sale or promotion of certain drugs or devices

which might be used for such purpose in a place other than a hospital;
now, therefore

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 3 of Article 27 of the Annotated Code of Maryland
(1967 Replacement Volume), title "Crimes and Punishments," sub-
title "Abortion," be and it is hereby repealed.

Sec. 2. And be it further enacted, That Section 145 of Article 43
of said Code (1967 Supplement), title "Health," subtitle "Practi-
tioners of Medicine," be and it is hereby repealed and re-enacted,
with amendments, that new Sections 149E and 149F 149F AND
149G be and they are hereby added to said Article 43 (1967 Re-
placement Volume and 1967 Supplement), to be under the said sub-
title "Practitioners of Medicine," and under the new subheading
"Abortion," and all to read as follows:

145.

The Board of Medical Examiners of this State may, by a vote of
five members, revoke or suspend any license which has been issued,
and may cause the name of any physician so licensed to be removed
from the register of the licentiates of the city or county where it may
be recorded, or may place a physician on probation, for any of the
following causes, to wit: the use of fraud or deception in obtaining
the license provided in this subtitle, habitual drunkenness, insanity
as determined in accordance with the provisions of Article 59,
addiction to narcotics, [criminal abortion,] termination of human
pregnancy involving a violation of Section 149F 149E of this subtitle,
conviction of crime involving moral turpitude or unprofessional or
dishonorable conduct; provided that any revocation or suspension
proceedings before the Board of Medical Examiners selected by the
Medical and Chirurgical Faculty heretofore adjudicated shall not be
revived by reason of the provisions hereof. Before proceeding to
revoke or suspend any such license, the person against whom com-
plaint is made shall be furnished with a copy of the complaint and
charges made against him, and shall be given an opportunity for a
hearing before the Board, in person or by attorney, and at such
hearing testimony may be offered for and against the person so
charged. The action of the Board shall be reduced to writing,
stating also the reasons for said action, and a copy thereof shall be
delivered or mailed to the person against whom complaint is made;
said party shall have the right of appeal to the circuit court of the
city or county wherein he may reside or where the license is recorded,