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*hb0372*
HOUSE BILL 372
J3, J1 6lr2273
CF SB 169
By: Delegate Lopez
Introduced and read first time: January 19, 2026
Assigned to: Health
Committee Report: Favorable
House action: Adopted
Read second time: February 18, 2026
CHAPTER ______
AN ACT concerning 1
Hospitals – Emergency Pregnancy–Related Medical Conditions – Procedures 2
FOR the purpose of requiring a hospital to conduct screening on a patient presenting at an 3
emergency department of the hospital to determine whether the patient has an 4
emergency pregnancy –related medical condition; establishing requirements and 5
prohibitions related to the treatment and transfer of a patient who has an emergency 6
pregnancy–related medical condition; requiring a hospital to allow the termination 7
of a pregnancy in certain circumstances; prohibiting a hospital from taking adverse 8
action against a provider for not transferring a patient who is not stabilized or 9
against a hospital employee if the employee reports a violation of this Act; and 10
generally relating to emergency pregnancy–related medical conditions and hospitals. 11
BY adding to 12
Article – Health – General 13
Section 19–342.1 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2025 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Health – General 18
Section 20–214(b) 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2025 Supplement) 21
2 HOUSE BILL 372
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
19–342.1. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “EMERGENCY PREGNANCY –RELATED MEDICAL CONDITION ” 7
MEANS A MEDICAL CONDITION THAT PRESENTS IN A PREGNANT PATIENT THROUGH 8
ACUTE SYMPTOMS OF SU FFICIENT SEVERITY AN D FOR WHICH THE ABSE NCE OF 9
IMMEDIATE MEDICAL ATTENTION COULD BE REASONABLY EXPECTED TO RESULT IN: 10
(I) PLACING THE HEALTH OF THE PATIENT IN SERIOUS 11
JEOPARDY; 12
(II) SERIOUS IMPAIRMENT TO BODILY FUNCTIONS; OR 13
(III) SERIOUS DYSFUNCTION O F ANY BODILY ORGAN O R BODY 14
PART. 15
(3) “STABILIZE” MEANS, FOR AN EMERGENCY PREGNANCY–RELATED 16
MEDICAL CONDITION , TO PROVIDE THE MEDIC AL TREATMENT NECESSA RY TO 17
ALLEVIATE THE CONDIT ION OR ENSURE, WITHIN REASONABLE ME DICAL 18
PROBABILITY, THAT NO MATERIAL DET ERIORATION OF THE CO NDITION IS LIKELY 19
TO RESULT FROM OR OC CUR DURING THE TRANS FER OF THE PATIENT FROM THE 20
FACILITY. 21
(B) THIS SECTION APPLIES ONLY TO A HOSPITAL W ITH AN EMERGENCY 22
DEPARTMENT. 23
(C) IF A HOSPITAL DETERMI NES THAT A PATIENT HAS AN EMERGENCY 24
PREGNANCY–RELATED MEDICAL CONDITION, THE HOSPITAL SHALL: 25
(1) USING THE STAFF AND FACILITIES AVAILABLE TO THE HOSPITAL, 26
PROVIDE FURTHER EXAM INATION AND THE TREA TMENT REQUIRED TO ST ABILIZE 27
THE EMERGENCY PREGNANC Y–RELATED MEDICAL CONDITION , INCLUDING THE 28
TERMINATION OF A PRE GNANCY WHEN THE TERM INATION IS MEDICALLY 29
NECESSARY TO STABILIZE THE PATIENT; OR 30
(2) TRANSFER THE PATIENT TO ANOTHER MEDICAL FACILITY. 31
HOUSE BILL 372 3
(D) A HOSPITAL SHALL ALLOW THE TERMINATION OF A PREGNANCY AT THE 1
HOSPITAL IF THE PATIENT’S TREATING HEALTH CARE PRACTITIONER DETERMINES 2
TERMINATION IS MEDICALLY NECESSARY TO STABILIZE A PATIENT. 3
(E) (1) A HOSPITAL IS CONSIDER ED TO HAVE MET THE R EQUIREMENTS 4
OF THIS SECTION IF, AFTER OFFERING FURTHER EXAMINATION AND TREATMENT OR 5
TRANSFER TO THE PATIENT OR THE PATIENT’S REPRESENTATIVE AND INFORMING 6
THE PATIENT OR PATIENT ’S REPRESENTATIVE OF THE RISKS AND BENEFITS OF 7
FURTHER EXAMINATION AND TREATMENT OR TRANSFER: 8
(I) A PATIENT OR THE P ATIENT’S REPRESENTATIVE REFUSES 9
TO CONSENT TO FURTHER EXAMINATION AND TREATMENT; OR 10
(II) A PATIENT OR THE PATIENT ’S REPRESENTATIVE REFUSES 11
TO CONSENT TO A TRANSFER TO ANOTHER MEDICAL FACILITY. 12
(2) A HOSPITAL SHALL TAKE REASONABLE STEPS TO SECURE 13
WRITTEN INFORMED CONSEN T TO THE REFUSAL OF AN EXAMINATION OR 14
TREATMENT OR TRANSFE R UNDER THIS SUBSECT ION FROM THE PATIENT OR THE 15
PATIENT’S REPRESENTATIVE. 16
(F) IF A PATIENT HAS AN EMERGENCY PRE GNANCY–RELATED MEDICAL 17
CONDITION THAT HAS N OT BEEN STABILIZED , THE HOSPITAL MAY NOT T RANSFER 18
THE PATIENT UNLESS THE TRANSFER IS DONE CONSISTENT WITH 42 U.S.C. § 19
1395DD. 20
(G) A HOSPITAL MAY NOT PEN ALIZE OR TAKE OTHER ADVERSE ACTION , 21
INCLUDING AN ACTION RELATED TO DISCHARGE , PROMOTION, DEMOTION, 22
SUSPENSION, COMPENSATION, TRAINING OPPORTUNITIES, STAFF PRIVILEGES, OR 23
ADMITTING PRIVILEGES, AGAINST: 24
(1) A TREATING HEALTH CARE PROVIDER IF THE PROVIDER REFUSES 25
TO AUTHORIZE THE TRA NSFER OF A PATIENT WITH AN EMERGENCY 26
PREGNANCY–RELATED MEDICAL CONDITION THAT HAS NOT BEEN STABILIZED; 27
(2) A TREATING HEALTH CARE PROVIDER IF THE PROV IDER’S 28
TREATMENT OF THE PAT IENT IS CONSISTENT W ITH THE MEDICAL STAN DARDS OF 29
CARE THAT , IN THE PROVIDER ’S CLINICAL JUDGMENT , WERE NECESSARY TO 30
STABILIZE THE PATIENT; OR 31
(3) A HOSPITAL EMPLOYEE IF THE EMPLOYEE REPORTS A VIOLATION 32
OF THIS SECTION. 33
4 HOUSE BILL 372
(H) A HOSPITAL THAT NEGLIG ENTLY VIOLATES THIS SECTION IS SUBJECT 1
TO A CIVIL PENALTY OF: 2
(1) FOR A HOSPITAL WITH 100 OR MORE BEDS , NOT MORE THAN 3
$50,000 FOR EACH VIOLATION; OR 4
(2) FOR A HOSPITAL WITH FEWER THAN 100 BEDS, NOT MORE THAN 5
$25,000 FOR EACH VIOLATION. 6
(I) (1) THE DEPARTMENT SHALL STAY A FINAL DECISION ON A 7
POTENTIAL VIOLATION IF THERE IS AN ONGOING FEDERAL INVESTIGATION UNDER 8
42 U.S.C. § 1395DD REGARDING THE SAME INCIDENT. 9
(2) IF A FEDERAL INVESTIGATIO N UNDER 42 U.S.C. § 1395DD 10
RESULTS IN A FINE BE ING IMPOSED FOR THE SAME INCIDENT, THE DEPARTMENT 11
SHALL SUBTRACT THE A MOUNT OF THE FEDERAL FINE FROM THE MAXIMU M 12
POTENTIAL FINE UNDER THIS SECTION FOR THE SAME INCIDENT. 13
(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, IF A 14
FEDERAL INVESTIGATION UNDER 42 U.S.C. § 1395DD RESULTS IN A FINE BEING 15
IMPOSED FOR THE SAME INCIDENT WITHIN 2 YEARS AFTER THE DEPARTMENT 16
IMPOSES A FINE UNDER THIS SECTION , THE DEPARTMENT SHALL REFU ND THE 17
HOSPITAL AN AMOUNT EQUAL TO THE AMOUNT OF THE FEDERAL FINE. 18
(II) THE AMOUNT REFUNDED U NDER SUBPARAGRAPH (I) OF 19
THIS PARAGRAPH MAY N OT EXCEED THE AMOUNT OF THE FINE IMPOSED BY THE 20
DEPARTMENT FOR THE SAME INCIDENT. 21
20–214. 22
(b) (1) [A] EXCEPT AS PROVIDED IN § 19–342.1 OF THIS ARTICLE , A 23
licensed hospital, hospital director, or hospital governing board may not be required: 24
(i) To [permit] ALLOW, within the hospital, the performance of any 25
medical procedure that results in artificial insemination, sterilization, or termination of 26
pregnancy; or 27
(ii) To refer to any source for these medical procedures. 28
(2) The refusal to [permit] ALLOW or to refer to a source for these 29
procedures may not be grounds for: 30
(i) Civil liability to another person; or 31
HOUSE BILL 372 5
(ii) Disciplinary or other recriminatory action against the person by 1
this State or any person. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.