Bill > HB49

This bill, titled "Public Health - Abortion (Heartbeat Bill)," proposes significant changes to Maryland's laws regarding abortion by establishing new regulations and enforcement mechanisms. It defines key terms such as "fetal heartbeat" as cardiac activity, "gestational age" as the time elapsed since the last menstrual period, and "physician" as a licensed medical practitioner in the state. The bill asserts that the state has a compelling interest in protecting the health of the woman and the life of the baby from the outset of pregnancy, and that a pregnant woman has a compelling interest in knowing the likelihood of her baby surviving to full-term birth based on cardiac activity. A central provision prohibits physicians from performing abortions after a detectable fetal heartbeat is found, unless there is a medical emergency or the method used does not detect a heartbeat. The bill also mandates specific procedures for obtaining informed consent, including providing information about medical risks, available assistance, and requiring a sonogram to detect a fetal heartbeat and audible heart auscultation before an abortion, with specific exceptions and waiver provisions. Enforcement of these provisions is primarily through private civil actions, allowing any person (except state or local government officials) to sue individuals who perform, induce, aid, or abet abortions in violation of these new requirements, with potential awards of injunctive relief, statutory damages of at least $10,000 per violation, and attorney's fees. The bill also includes provisions regarding the severability of its parts, the state's immunity from certain legal challenges, and the imposition of costs and attorney's fees on those seeking to prevent the enforcement of abortion regulations. It is set to take effect on October 1, 2026.