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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1131*
HOUSE BILL 1131
J1, J2, J3 6lr1172
By: Delegates Lopez, Alston, Behler, Crutchfield, Feldmark, Foley, D. Jones, Kerr,
Lehman, Lewis, Martinez, Mireku –North, Palakovich Carr, Patterson,
Shetty, Solomon, Spiegel, Terrasa, White Holland, Wilkins, Wims, Wolek,
and Woorman
Introduced and read first time: February 11, 2026
Assigned to: Judiciary and Health
A BILL ENTITLED
AN ACT concerning 1
Public Health – Pregnancy Loss – Prohibited Actions 2
(Pregnancy Outcome Protection Act) 3
FOR the purpose of prohibiting individuals who experienced a pregnancy loss from being 4
subject to investigation, civil liability, or criminal prosecution except under certain 5
circumstances; establishing a private right of action for a violation of a certain 6
prohibition against investigations of pregnancy loss; providing that an incidence of 7
pregnancy loss does not constitute probable cause to issue a certain search warrant, 8
except under certain circumstances; prohibiting certain providers from being subject 9
to investigation, criminal penalty, or civil liability for supporting a patient who is 10
experiencing a pregnancy loss or after a pregnancy loss; prohibiting certain providers 11
from reporting on or disclosing a certain medical record related to pregnancy loss, 12
except under certain circumstances; and generally relating to prohibited actions 13
related to pregnancy loss. 14
BY adding to 15
Article – Health – General 16
Section 20–217 through 20–220 to be under the new part “Part V. Pregnancy Loss” 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Health – General 22
20–215. RESERVED. 23
2 HOUSE BILL 1131
20–216. RESERVED. 1
PART V. PREGNANCY LOSS. 2
20–217. 3
(A) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) “INVESTIGATING ENTITY” INCLUDES: 6
(1) A LAW ENFORCEMENT AGENCY; 7
(2) THE DEPARTMENT OF JUVENILE SERVICES; 8
(3) THE SOCIAL SERVICES ADMINISTRATION WITHIN THE 9
DEPARTMENT OF HUMAN SERVICES OR A LOCAL DEPARTMEN T OF SOCIAL 10
SERVICES; OR 11
(4) CHILD PROTECTIVE SERVICES WITHIN THE DEPARTMENT OF 12
HUMAN SERVICES OR A LOCAL DEPARTMENT OF CHILD PROTECTIVE SERVICES. 13
(C) (1) “PREGNANCY LOSS” MEANS THE UNINTENTIONAL OR 14
INTENTIONAL DEATH OF A FETUS OR EMBRYO DURING PREGNANCY OR LABOR. 15
(2) “PREGNANCY LOSS ” INCLUDES A MISCARRIA GE, A STILLBIRTH, 16
AND A SELF–MANAGED ABORTION. 17
(3) “PREGNANCY LOSS” DOES NOT INCLUDE A D EATH THAT OCCURS 18
AFTER A LIVE BIRTH. 19
(D) “PROVIDER” MEANS: 20
(1) A PERSON WHO IS LICENS ED, CERTIFIED, OR OTHERWISE 21
AUTHORIZED UNDER THE HEALTH OCCUPATIONS ARTICLE TO PROVIDE HE ALTH 22
CARE IN THE ORDINARY COURSE OF BUSINESS OR PRACTICE OF A PROFESSION; 23
(2) A FACILITY WHERE HEALTH CARE IS PROVIDED T O PATIENTS OR 24
RECIPIENTS, INCLUDING: 25
(I) A FACILITY AS DEFINED IN § 10–101(G) OF THIS ARTICLE; 26
HOUSE BILL 1131 3
(II) A HOSPITAL AS DEFINED IN § 19–301 OF THIS ARTICLE; 1
(III) A RELATED INSTITUTION AS DEFINED IN § 19–301 OF THIS 2
ARTICLE; 3
(IV) A FACILITY AT WHICH SE RVICES COVERED BY A HEALTH 4
MAINTENANCE ORGANIZATION, AS DEFINED IN § 19–701(G) OF THIS ARTICLE, ARE 5
PROVIDED; 6
(V) AN OUTPATIENT CLINIC; 7
(VI) A MEDICAL LABORATORY; 8
(VII) A COMPREHENSIVE CRISIS RESPONSE CENTER; 9
(VIII) A CRISIS STABILIZATION CENTER; AND 10
(IX) A CRISIS TREATMENT CEN TER ESTABLISHED UNDE R § 11
7.5–207 OF THIS ARTICLE; OR 12
(3) AN INDIVIDUAL WHO PROVIDES DOULA SERVI CES AS DEFINED 13
UNDER § 15–141.4 OF THIS ARTICLE. 14
20–218. 15
(A) AN INDIVIDUAL WHO EXPERIENCED A PR EGNANCY LOSS MAY NOT BE 16
SUBJECT TO INVESTIGATION, CIVIL LIABILITY , OR CRIMINAL PROSECUT ION FOR 17
EXPERIENCING A PREGNANCY LOSS UNLESS: 18
(1) THERE IS INDEPENDENT EVIDENCE OF CRIMINAL CONDUCT 19
UNRELATED TO THE PREGNANCY OR PREGNANCY LOSS; OR 20
(2) AN INVESTIGATING ENTITY OBTAINS THE CONSENT OF THE 21
INDIVIDUAL THAT EXPERIENCED THE PREGNANCY LOSS TO IN VESTIGATE 22
SUSPECTED CRIMINAL C ONDUCT OF ANOTHER PERSON RELAT ED TO THE 23
PREGNANCY OR PREGNANCY LOSS. 24
(B) IF AN INDIVIDUAL WHO EXPERIENCED PREGNANCY LOSS IS SUBJECT TO 25
AN INVESTIGATION IN VIOLATION OF SUBS ECTION (A) OF THIS SECTION , THE 26
INDIVIDUAL MAY BRING A CIVIL ACTION AGAINST THE INVESTIGATING ENTITY. 27
4 HOUSE BILL 1131
(C) AN INCIDENCE OF A PREGNANCY LOSS DOES NOT CONSTITUTE 1
PROBABLE CAUSE TO ISSUE A SEARCH WARRANT UNDER § 1–203 OF THE CRIMINAL 2
PROCEDURE ARTICLE UNLESS: 3
(1) THERE IS INDEPENDENT EVIDENCE OF CRIMINAL CONDUCT 4
UNRELATED TO THE PREGNANCY OR PREGNANCY LOSS; OR 5
(2) THE PERSON SEEKING THE SEARCH W ARRANT OBTAINS THE 6
CONSENT OF THE INDIVIDUAL THAT EXPERIENCED A P REGNANCY LOSS TO 7
INVESTIGATE THE SUSPECTED CRIMINAL CONDUCT OF ANOTHER PERSON RELATED 8
TO THE PREGNANCY OR PREGNANCY LOSS. 9
20–219. 10
(A) SUBJECT TO GENERALLY ACCEPTED MEDICAL STANDARDS, A PROVIDER 11
ACTING WITHIN THE PR OVIDER’S SCOPE OF PRACTICE MAY NOT BE SUBJECT T O 12
INVESTIGATION, CRIMINAL PENALTY, OR CIVIL LIABILITY FOR SUPPORTING A 13
PATIENT WHO IS EXPERIENCING A PREGNANCY LOSS OR AFTER A PREGNANCY LOSS. 14
(B) A PROVIDER MAY NOT REPORT A PREGNANCY LOSS OR DISCLOSE ANY 15
PORTION OF A MEDICAL RECORD, AS DEFINED UNDER § 4–301 OF THIS ARTICLE , 16
RELATED TO A PREGNANCY LOSS UNLESS: 17
(1) THERE IS CLEAR EVIDEN CE OF EXTERNAL ABUSE OR COERCION 18
RELATED TO THE PREGNANCY LOSS; 19
(2) THERE IS INDEPENDENT EVIDENCE OF CRIMINAL CONDUCT 20
UNRELATED TO THE PREGNANCY LOSS; OR 21
(3) THE PROVIDER FIRST OBTAINS THE CONSENT OF THE INDIVIDUAL 22
THAT EXPERIENCED THE PREGNANCY LOSS. 23
20–220. 24
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 25
PROVIDER, AN INVESTIGATING ENT ITY, OR ANY OTHER PERSON WHO KNOWINGLY 26
AND WILLFULLY VIOLATES § 20–218 OR § 20–219 OF THIS SUBTITLE IS GUILTY OF A 27
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING: 28
(1) $1,000 FOR THE FIRST OFFENSE; AND 29
(2) $5,000 FOR EACH SUBSEQUENT OFFENSE. 30
HOUSE BILL 1131 5
(B) A PROVIDER, AN INVESTIGATING ENTITY, OR ANY OTHER PERSON WHO 1
KNOWINGLY, WILLFULLY, AND UNDER FALSE PRETENSES OR THROUGH DECEPTION 2
VIOLATES § 20–218 OR § 20–219 OF THIS SUBTITLE IS GUILTY OF A MISDE MEANOR 3
AND ON CONVICTION IS SUBJECT TO THE FOLLOWING PENALTIES: 4
(1) FOR A FIRST OFFENSE , A FINE NOT EXCEEDING $50,000 OR 5
IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR BOTH; AND 6
(2) FOR A SECOND OR SUBSEQUENT OFFENSE, A FINE NOT 7
EXCEEDING $100,000 OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
1, 2026. 10