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MARVIN MANDEL, Governor 3619
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[(3)] (2) The minor seeks treatment or
advice concerning venereal disease, pregnancy or
contraception not amounting to sterilization.
[(4)] (3) In the judgment of a physician
treating a minor, the obtaining of consent OR THE
NOTIFICATION of any other person would result in such
delay of treatment as would adversely affect the life or
health of the minor.
[(5)] (4) The minor seeks treatment or
advice concerning any form of drug abuse as defined in
Section 2 (d) of Article 43B of the Annotated Code.
(c) [Upon] EXCEPT IN THE CASE OF ABORTION, UPON
the advice and direction of a treating physician or if
more than one, any one of them, member of the medical
staff of a hospital, public clinic or physician licensed
to practice medicine may, but shall not be obligated to,
inform the spouse, parent, custodian, or guardian of a
minor in the circumstances enumerated in subsection (a)
hereof, as to the treatment given or needed, and the
information may be given to or withheld from the spouse,
parent, custodian or guardian without the consent of the
minor patient and over the express refusal of the minor
patient providing the information; the providing or
withholding of the information rests in the sole
discretion of a member of the medical staff of the
hospital or public clinic or the physician licensed to
practice medicine, as the case may be.
SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 135(e) be and it is hereby added to Article 43 -
Health, of the Annotated Code of Maryland (1971
Replacement Volume and 1976 Supplement) to read as
follows:
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Article 43 - Health
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135.
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(E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION, NO ABORTION SHALL BE PERFORMED UPON AN UNMARRIED
MINOR FEMALE WITHOUT PRIOR NOTIFICATION OF PARENT OR
GUARDIAN, UNLESS THE MINOR IS LIVING APART FROM HER
PARENT OR GUARDIAN AND A REASONABLE EFFORT TO NOTIFY THEM
HAS BEEN UNSUCCESSFUL. A RECEIPT FOR REGISTERED OR
CERTIFIED MAIL A RECEIPT THAT A REGISTERED OR CERTIFIED
LETTER WAS MAILED ATTACHED TO A COPY OF A THE NOTICE
LETTER SENT TO SUCH PARENT OR GUARDIAN AT HIS OR HER LAST
KNOWN ADDRESS SHALL BE CONCLUSIVE EVIDENCE OF NOTICE OR
ATTEMPTED NOTICE REQUIRED BY THIS SUBSECTION.
NOTIFICATION MAY BE WAIVED IF THE PHYSICIAN IN HIS
PROFESSIONAL JUDGMENT, BELIEVES THAT NOTIFICATION MIGHT
REASONABLY BE EXPECTED TO LEAD TO ABUSE, EITHER
PHYSICALLY OR EMOTIONALLY, OF THE PREGNANT MINOR.;
HOWEVER, THERE MAY NOT BE CRIMINAL OR CIVIL LIABILITY ON
THE PART OF A PHYSICIAN FOR HIS DECISION TO WAIVE THIS
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