|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3897
|
|
|
|
|
MARVIN MANDEL,
|
|
|
|
|
|
Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
accreditation of hospitals and licensed by
the State Board of Health and Mental
Hygiene; or "(2) Gives advice, counsel, or
information for the purpose of causing,
inducing or obtaining a termination of human
pregnancy other than by such physician in
such a hospital; or "(3) Knowingly assists
or causes by any means whatsoever the
obtaining or performing of a termination of
human pregnancy other than by such physician
in such a hospital."
Subsection b sets out the criminal penalties to be
imposed for violation of Subsection a. Upon conviction a
person who violates the subsection may be subject to a
fine of not more than $5,000.00 for each offense or
imprisonment for not more than three years or both fine
and imprisonment.
Article 43, Section 139 was reviewed in Vuitch v.
Hardy, Civ. No. 71-1129-Y (D. Md. filed June 22, 1972),
473 F. 2d 1370 (4th Cir., 1973); and State v. Ingel, 18
Md. App. 514 (1973). In Vuitch, supra., the Court held
unconstitutional that portion of Article 43, Section 139
that required performance of abortions in hospitals
accredited by the Joint Commission on Accreditation of
Hospitals and licensed by the Department of Health and
Mental Hygiene. The District Court found that a woman
has a constitutionally protected, fundamental personal
right to seek an abortion and that Maryland has no
compelling state interest which would be promoted by the
hospitalization requirement. The Fourth Circuit affirmed
on February 20, 1973, subsequent to the Supreme Court
decisions in Roe and Doe, supra.
The Maryland Court of Special Appeals in Ingel,
supra., held that the provision of Article 43, Section
139, that an abortion is a crime if done other than in an
accredited and licensed hospital, is unconstitutional on
its face, State v. Ingel, 18 Md. App. 514.
We therefore advise that the portions of Article 43,
Section 139, making abortion a criminal act if done other
than in an accredited and licensed hospital, have been
declared unconstitutional.
Article 43, Section 137 provides in part that:
"(a) No person shall terminate or attempt to
terminate or assist in the termination or
attempt at termination of a human pregnancy
otherwise than by birth, except that a
physician licensed by the State of Maryland
may terminate a human pregnancy or aid or
assist or attempt a termination of a human
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
