§ 20-103

331 words·~2 min read·/md/health-general/20-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§20–103.

(a)In this section, “qualified provider” means a physician, nurse practitioner, nurse–midwife, licensed certified midwife, physician assistant, or any other individual:

(1)Who is licensed, certified, or otherwise authorized by law to practice in the State; and

(2)For whom the performance of an abortion is within the scope of the individual’s license or certification.

(b)Except as provided in subsections

(c)and

(d)of this section, a qualified provider may not perform an abortion on an unmarried minor unless the qualified provider first gives notice to a parent or guardian of the minor.

(c)The qualified provider 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.

(1)The qualified provider may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgment of the qualified provider:

(i)Notice to the parent or guardian may lead to physical or emotional abuse of the minor;

(ii)The minor is mature and capable of giving informed consent to an abortion; or

(iii)Notification would not be in the best interest of the minor.

(2)The qualified provider is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice.

(e)The postal receipt that shows an article of mail was sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, 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 conclusive evidence of notice or a reasonable effort to give notice, as the case may be.

(f)A qualified provider may not provide notice to a parent or guardian if the minor decides not to have the abortion.