§ 20-209. Intervention; regulations; liability

   (a) "Viable" defined. -- 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) State intervention. -- 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) Regulations. -- 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) Liability. -- 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.

HISTORY: 1991, ch. 1.