1070

LAWS OF MARYLAND

Ch. 21

137(b) and (c) to the extent that it requires
approval of a hospital abortion review committee
is unconstitutional.

The remaining portions of Article 43, Sections
137 and 139 that require abortions to be
performed by physicians licensed by the State
continue to be valid. Article 1, Section 23,
Annotated Code of Maryland provides that
provisions of statutes enacted after July 1, 1973
are severable unless specifically provided
otherwise. Although Article 43, Sections 137 and
139 were enacted before July 1, 1973, case law
applicable to statutes enacted prior to the date
contained in Article 1, Section 23 indicates that
a court would construe Article 43, Sections 137
and 139 in such a way as to give effect to. the
requirement that abortions be performed by a
physician, Shell Oil Company v. Supervisors of
Assessments, 276 Md. 36 (1975).

For further review of the Supreme Court decisions on
abortion see, Tepel, "The Fetus: Acorn or Oak Tree", the
Forum Law Journal of the University of Baltimore School of
Law, January 1977, p.4.;, and a report prepared by the
Legislative Division of the State Department of Legislative
Reference titled "A Report on the Effect of the Supreme
Court Decisions on the Maryland Abortion Laws" dated May 1,
1977, which is on file in the Department's library.

The General Assembly may wish to resolve the
controversy on these statutes and pass abortion laws that
will be constitutional.

PART III. INFORMATION.

20-211. INFORMATION BEFORE ABORTION.

(A)  APPLICABILITY OF SECTION.

THIS SECTION DOES NOT APPLY IF THE ATTENDING PHYSICIAN
CERTIFIES THAT AN ABORTION IS NECESSARY TO SAVE THE LIFE OF
THE WOMAN.

(B)  WOMAN TO BE ADVISED OF AVAILABLE ASSISTANCE.

BEFORE A PHYSICIAN PERFORMS AN ABORTION, THE WOMAN
UNDERGOING THE PROCEDURE SHALL BE ADVISED OF THE EXTENT TO
WHICH:

(1) FINANCIAL AND OTHER MATERIAL ASSISTANCE TO
CARRY THE PREGNANCY TO A NORMAL DELIVERY IS AVAILABLE;

(2) FINANCIAL AND OTHER MATERIAL ASSISTANCE TO
RAISE AND SUPPORT HER CHILD IS AVAILABLE; AND