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Ch. 546 2005 LAWS OF MARYLAND
DEGREE MURDER ARISING OUT OF THE SAME INCIDENT, DOES NOT CONSTITUTE AN
AGGRAVATING CIRCUMSTANCE SUBJECTING A DEFENDANT TO THE DEATH PENALTY
UNDER § 2-303(G)(IX) OF THIS ARTICLE.
Article - Health - General
20-209.
(a) In this section, "viable" means that stage when, in the best medical
judgment of the attending physician based on the particular facts of the case before
the physician, there is a reasonable likelihood of the fetus's sustained survival outside
the womb.
(b) Except as otherwise provided in this subtitle, the State may not interfere
with the decision of a woman to terminate a pregnancy:
(1) Before the fetus is viable; or
(2) At any time during the woman's pregnancy, if:
(i) The termination procedure is necessary to protect the life or
health of the woman; or
(ii) The fetus is affected by genetic defect or serious deformity or
abnormality.
(c) The Department may adopt regulations that:
(1) Are both necessary and the least intrusive method to protect the life
or health of the woman; and
(2) Are not inconsistent with established medical practice.
(d) The physician is not liable for civil damages or subject to a criminal
penalty for a decision to perform an abortion under this section made in good faith
and in the physician's best medical judgment in accordance with accepted standards
of medical practice.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any crime committed before the effective date of this
Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved May 26, 2005.
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