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*hb1143*
HOUSE BILL 1143
J1 6lr1173
By: Delegates Lopez, Alston, Behler, Crutchfield, Feldmark, D. Jones, Lehman,
Martinez, Palakovich Carr, Patterson, Shetty, Spiegel, Terrasa,
White Holland, Wilkins, Wims, Wolek, and Woorman Woorman, Bagnall,
Cullison, Guzzone, Hill, Hutchinson, S. Johnson, Kaufman, Kipke,
M. Morgan, Reilly, Rosenberg, Ross, Szeliga, Taveras
Introduced and read first time: February 11, 2026
Assigned to: Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2026
CHAPTER ______
AN ACT concerning 1
Public Health – Office of the Chief Medical Examiner – Perinatal Autopsies 2
(Lung Float Test Ban) 3
FOR the purpose of prohibiting , for a certain period of time, the Chief Medical Examiner, 4
deputy chief medical examiners, assistant medical examiners, and pathologists 5
authorized by the Chief Medical Examiner from using a hydrostatic lung test, also 6
known as a lung float test, if performing a certain perinatal autop sy; authorizing a 7
parent, guardian, or legal representative to bring a civil action for a violation of 8
certain provisions of this Act; altering the grounds for discipline of a physician to 9
include a violation of certain provisions of this Act requiring the Maryland 10
Department of Health to submit a certain report on the usefulness and efficacy of 11
the test and recommendations as to whether it continues to be needed as an autopsy 12
tool; and generally relating to the Office of the Chief Medical Examiner and perinatal 13
autopsies. 14
BY repealing and reenacting, with amendments, 15
Article – Criminal Procedure 16
Section 11–1010(b) 17
Annotated Code of Maryland 18
(2025 Replacement Volume) 19
2 HOUSE BILL 1143
BY repealing and reenacting, with amendments, 1
Article – Health – General 2
Section 5–309 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2025 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Health Occupations 7
Section 14–404(a)(46) and (47) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10
BY adding to 11
Article – Health Occupations 12
Section 14–404(a)(48) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Public Safety 17
Section 3–533(b) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Criminal Procedure 23
11–1010. 24
(b) This section applies only with respect to a victim whose initial determination 25
of cause or manner of death recorded on the victim’s death certificate under § 4–212 of the 26
Health – General Article was amended or corrected to be undetermined or homicide under 27
[§ 5–309(d)(2)] § 5–309(E)(2) of the Health – General Article. 28
Article – Health – General 29
5–309. 30
(a) If the cause of death is established to a reasonable degree of medical certainty, 31
the medical examiner who investigates the case shall file in the me dical examiner’s office 32
a report on the cause of death within 30 days after notification of the case. 33
(b) (1) If the medical examiner who investigates a medical examiner’s case 34
considers an autopsy necessary, the Chief Medical Examiner, a deputy chief me dical 35
HOUSE BILL 1143 3
examiner, an assistant medical examiner, or a pathologist authorized by the Chief Medical 1
Examiner shall perform the autopsy. 2
(2) If the family of the deceased objects to an autopsy on religious grounds, 3
the autopsy may not be performed unless authorized by the Chief Medical Examiner or by 4
the Chief Medical Examiner’s designee. 5
(3) (i) In accordance with normal standards of medical practice, the 6
medical examiner performing the autopsy may retain any medical evidence, tissue, or organ 7
needed to carry out the duties of this subtitle. 8
(ii) The medical examiner shall dispose of any medical evidence, 9
tissue, or organ under subparagraph (i) of this paragraph in accordance with normal 10
standards of medical practice. 11
(C) (1) IF PERFORMING A PERINATAL AUTOPSY TO DETERMINE 12
WHETHER THE DEATH RE SULTED IN A STILLBIR TH OR OCCURRED AFTER A LIVE 13
BIRTH, THE CHIEF MEDICAL EXAMINER, A DEPUTY CHIEF MEDICAL EXAMINER, AN 14
ASSISTANT MEDICAL EX AMINER, OR A PATHOLOGIST AUT HORIZED BY THE CHIEF 15
MEDICAL EXAMINER MAY NOT USE A HYDROSTATIC LUNG TEST, ALSO KNOWN AS A 16
LUNG FLOAT TEST. 17
(2) A PARENT, GUARDIAN, OR LEGAL REPRESENTAT IVE OF THE 18
SUBJECT OF A PERINATAL AUTOPSY MAY BRING A CIVIL ACTION AGAINST THE CHIEF 19
MEDICAL EXAMINER, A DEPUTY CHIEF MEDIC AL EXAMINER , AN ASSISTANT 20
MEDICAL EXAMINER , OR A PATHOLOGIST AUT HORIZED BY THE CHIEF MEDICAL 21
EXAMINER WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION. 22
[(c)] (D) (1) A medical examiner shall conduct an autopsy of any fire fighter 23
and any sworn personnel of the State Fire Marshal’s Office who dies in the line of duty or 24
as a result of injuries sustained in the line of duty. 25
(2) The autopsy shall include: 26
(i) A toxicological analysis for toxic fumes; 27
(ii) Gross and microscopic studies of heart, lung, and any other 28
tissue involved; 29
(iii) Appropriate studies of blood and urine; and 30
(iv) Appropriate studies of body fluids and body tissues. 31
(3) If the medical examiner determines toxic fumes were the cause of death, 32
the medical examiner shall: 33
4 HOUSE BILL 1143
(i) Investigate to the extent possible the source of the fumes; and 1
(ii) Prepare a written report on the specific effects of the fumes on 2
human tissue. 3
(4) The autopsy and analysis shall be sufficient to determine eligibility for 4
benefits under the federal Public Safety Officers’ Benefits Act of 1976. 5
[(d)] (E) (1) (i) The individual who performs the autopsy shall prepare 6
detailed written findings during the progress of the autopsy. 7
(ii) The findings prepared under subparagraph (i) of this paragraph 8
and the conclusions drawn from them shall be filed in the office of the medical examiner for 9
the county where the death occurred. 10
(iii) The original copy of the findings and conclusions shall be filed in 11
the Office. 12
(iv) The Department and the Committee may not interfere with the 13
clinical findings or conclusions prepared under subparagraphs (i) and (ii) of this paragraph. 14
(2) (i) Except in a case of a finding of homicide, a person in interest as 15
defined in § 4–101 of the General Provisions Article may request the medical examiner to 16
correct findings and conclusions on the cause and manner of death recorded on a certificate 17
of death under § 4–502 of the General Provisions Article within 180 days after the medical 18
examiner files those findings and conclusions. 19
(ii) 1. If the Chief Medical Examiner denies the request of a 20
person in interest to correct findings and conclusions on the cause and manner of death, 21
the person in interest may appeal the denial to the Secretary, who shall refer the matter to 22
the Office of Administrative Hearings. 23
2. A contested case hearing under this subparagraph shall be 24
a hearing both on the denial and on the establishment of the findings and conclusions on 25
the cause and manner of death. 26
(iii) The administrative law judge shall submit findings of fact to the 27
Secretary. 28
(iv) After reviewing the findings of the administrative law judge, the 29
Secretary, or the Secretary’s designee, shall issue an order to: 30
1. Adopt the findings of the administrative law judge; or 31
2. Reject the findings of the administrative law judge, and 32
affirm the findings of the medical examiner. 33
HOUSE BILL 1143 5
(v) The appellant may appeal a rejection under subparagraph (iv)2 1
of this paragraph to a circuit court of competent jurisdiction. 2
(vi) If the final decision of the Secretary, or of the Secretary’s 3
designee, or of a court of competent jurisdiction on appeal, establishes a different finding 4
or conclusion on the cause or manner of death of a deceased than that recorded on the 5
certificate of death, the medical examiner shall: 6
1. Amend the certificate to reflect the different finding or 7
conclusion under §§ 4–212 and 4–214 of this article and § 4–502 of the General Provisions 8
Article; and 9
2. If the cause or manner of death was amended or corrected 10
to be undetermined or homicide: 11
A. Provide notice to the State’s Attorney and the local law 12
enforcement agency in the jurisdiction where the body was found of the different finding or 13
conclusion on the cause or manner of death of the decea sed than that previously recorded 14
on the death certificate; and 15
B. Request that the Secretary send the person in interest a 16
certified death certificate with the cause or manner of death amended in accordance with 17
item 1 of this subparagraph at no cost to the person in interest. 18
(vii) The final decision of the Secretary, or the Secretary’s designee, 19
or of a court under this paragraph may not give rise to any presumption concerning the 20
application of any provision of or the resolution of any claim concerning a policy of insurance 21
relating to the deceased. 22
(viii) If the findings of the medical examiner are upheld by the 23
Secretary, the appellant is responsible for the costs of the contested case hearing. 24
Otherwise, the Department is responsible for the costs of the hearing. 25
[(e)] (F) The Chief Medical Examiner shall set a reasonable fee for performing 26
an autopsy by an authorized pathologist. 27
Article – Health Occupations 28
14–404. 29
(a) Subject to the hearing provisions of § 14 –405 of this subtitle, a disciplinary 30
panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may 31
reprimand any licensee, place any licensee on probation, or suspend or revoke a license if 32
the licensee: 33
(46) Fails to comply with the requirements of the Prescription Drug 34
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; [or] 35
6 HOUSE BILL 1143
(47) Willfully makes a misrepresentation to a disciplinary panel; OR 1
(48) VIOLATES § 5–309(C) OF THE HEALTH – GENERAL ARTICLE. 2
Article – Public Safety 3
3–533. 4
(b) If a law enforcement agency is notified by a medical examiner under [§ 5
5–309(d)] § 5–309(E) of the Health – General Article, the law enforcement agency: 6
(1) shall reopen or reinvestigate an investigation involving the death of a 7
victim whose cause or manner of death was amended or corrected to be undetermined or 8
homicide; and 9
(2) may not close a case that was reopened or reinvestigated under item (1) 10
of this subsection until at least 20 years after the law enforcement agency was notified. 11
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 12
2027, the Maryland Department of Health, in consultation with the Office of the Attorney 13
General and the Office of the Chief Medical Examiner, shall report to the Senat e Finance 14
Committee and the House Health Committee, in accordance with § 2 –1257 of the State 15
Government Article, on: 16
(1) the usefulness and efficacy of the hydrostatic lung test, also known as 17
a lung float test, in determining whether a death was the result of a stillbirth or occurred 18
after a live birth; and 19
(2) recommendations as to whether the test described in item (1) of this 20
section continues to be needed as an autopsy tool. 21
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2026. Section 1 of this Act shall remain effective for a period of 2 years and, at 23
the end of September 30, 2028, Section 1 of this Act, with no further action required by the 24
General Assembly, shall be abrogated and of no further force and effect. 25