1062

LAWS OF MARYLAND

Ch. 21

In subsection (c)(2) of this section, the former
reference to a definition of alcoholism is
deleted since, in the referenced section, only
"chronic alcoholic" was defined. As to
alcoholism provisions, see Title 8 of this
article. Also, the former reference to the
definition of "drug abuse" is deleted; see Title
9 of this article.

Subsection (e) of this section is revised to
clarify that the former reference to a "spouse"
means the "spouse of the parent", rather than the
spouse of the minor.

Defined term: "Physician" § 1-101

20-103. ABORTION.

(A)  NOTICE REQUIRED.

EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS
SECTION, A PHYSICIAN MAY NOT PERFORM AN ABORTION ON AN
UNMARRIED MINOR UNLESS THE PHYSICIAN FIRST GIVES NOTICE TO A
PARENT OR GUARDIAN OF THE MINOR.

(B)   INCOMPLETE NOTICE.

THE PHYSICIAN MAY PERFORM THE ABORTION WITHOUT NOTICE
TO A PARENT OR GUARDIAN IF:

(1)  THE MINOR DOES NOT LIVE WITH A PARENT OR
GUARDIAN; AND

(2)  A REASONABLE EFFORT TO GIVE NOTICE TO A
PARENT OR GUARDIAN IS UNSUCCESSFUL.

(C)  WAIVER AUTHORIZED.

(1)  THE PHYSICIAN MAY PERFORM THE ABORTION,
WITHOUT NOTICE TO A PARENT OR GUARDIAN OF A MINOR IF, IN THE
PROFESSIONAL JUDGMENT OF THE PHYSICIAN, NOTICE TO THE PARENT
OR GUARDIAN MAY LEAD TO PHYSICAL OR EMOTIONAL ABUSE OF THE
MINOR.

(2)  THE PHYSICIAN IS NOT LIABLE FOR CIVIL
DAMAGES OR SUBJECT TO A CRIMINAL PENALTY FOR A DECISION
UNDER THIS SUBSECTION NOT TO GIVE NOTICE.

(D)  EVIDENCE OF NOTICE.

THE POSTAL RECEIPT THAT SHOWS AN ARTICLE OF MAIL WAS
SENT BY REGISTERED MAIL TO THE LAST KNOWN ADDRESS OF A
PARENT OR GUARDIAN AND THAT IS ATTACHED TO A COPY OF THE
NOTICE LETTER THAT WAS SENT IN THAT ARTICLE OF MAIL SHALL BE