874                                  LAWS OF MARYLAND                           CH. 470

    (c) Any person who violates any provision of this section, upon

conviction, is subject to a fine of not less than one hundred dollars or
more than five thousand dollars for each offense, or to imprisonment
for not less than one year or more than three years, or both such fine
and imprisonment. The penalties in this section are in addition to
and not in substitution for any other penalty or penalties applicable

to particular classes of persons under other laws of this State.

149E.

(A)    NO PERSON SHALL TERMINATE OR ATTEMPT TO
TERMINATE OR ASSIST IN THE TERMINATION OR AT-
TEMPT AT TERMINATION OF A HUMAN PREGNANCY
OTHERWISE THAN BY BIRTH, EXCEPT THAT A PHYSI-
CIAN LICENSED BY THE STATE OF MARYLAND MAY
TERMINATE A HUMAN PREGNANCY OR AID OR ASSIST
OR ATTEMPT A TERMINATION OF A HUMAN PREGNANCY
IF SAID TERMINATION TAKES PLACE IN A HOSPITAL
ACCREDITED BY THE JOINT COMMISSION FOR ACCREDI-
TATION OF HOSPITALS AND LICENSED BY THE STATE
BOARD OF HEALTH AND MENTAL HYGIENE AND IF
ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:

(1)    CONTINUATION OF THE PREGNANCY IS LIKELY
TO RESULT IN THE DEATH OF THE MOTHER;

(2)    THERE IS A SUBSTANTIAL RISK THAT CONTINU-
ATION OF THE PREGNANCY WOULD GRAVELY
IMPAIR THE PHYSICAL OR MENTAL HEALTH OF
THE MOTHER;

(3)    THERE IS SUBSTANTIAL RISK OF THE BIRTH OF
THE CHILD WITH GRAVE AND PERMANENT PHYS-
ICAL DEFORMITY OR MENTAL RETARDATION;

(4)    THE PREGNANCY RESULTED FROM A RAPE COM-
MITTED AS A RESULT OF FORCE OR BODILY
HARM OR THREAT OF FORCE OR BODILY HARM
AND THE STATES' ATTORNEY OF BALTIMORE
CITY OR THE COUNTY IN WHICH THE RAPE OC-
CURRED HAS INFORMED THE HOSPITAL ABOR-
TION REVIEW AUTHORITY IN WRITING OVER HIS
SIGNATURE THAT THERE IS PROBABLE CAUSE
TO BELIEVE THAT THE ALLEGED RAPE DID
OCCUR.

(B)    IN NO EVENT SHALL ANY PHYSICIAN TERMI-
NATE OR ATTEMPT TO TERMINATE OR ASSIST IN THE
TERMINATION OR ATTEMPT AT TERMINATION OF A HU-
MAN PREGNANCY OTHERWISE THAN BY BIRTH UNLESS ALL
OF THE FOLLOWING CONDITIONS EXIST:

(1)    NOT MORE THAN TWENTY-SIX WEEKS OF GES-
TATION HAVE PASSED (EXCEPT IN THE CASE
OF A TERMINATION PURSUANT TO SUBSECTION
(A)(l) OR WHERE THE FETUS IS DEAD); AND

(2)    AUTHORIZATION THEREFOR HAS BEEN GRANTED
IN WRITING BY A HOSPITAL ABORTION REVIEW
AUTHORITY APPOINTED BY THE HOSPITAL.