Public Health - Female Genital Mutilation

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1389*

HOUSE BILL 1389
J1, D4, D3 6lr2229
CF SB 907
By: Delegates D. Jones, Addison, Boafo, Feldmark, Foley, Forbes, Guzzone, Hill,
Kaiser, Lehman, Lopez, McCaskill, Palakovich Carr, Phillips, Ruff, Shetty,
Smith, Solomon, Spiegel, Stewart, Taveras, Terrasa, Toles, Watson, Wilkins,
Williams, Wolek, Woods, and Ziegler
Introduced and read first time: February 13, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 4, 2026

CHAPTER ______

AN ACT concerning 1

Public Health – Female Genital Mutilation 2

FOR the purpose of altering the definition of “abuse” to include female genital mutilation 3
for the purposes of a provision of law requiring certain persons to provide notice of 4
suspected abuse or neglect of a child or make a written report of suspected abuse or 5
neglect of a child; altering the actions regarding female genital mutilation in which 6
a perso n is prohibited from engaging ; increasing the penalties for a violation of 7
certain provisions related to female genital mutilation; requiring, under certain 8
circumstances, a health occupations licensing board to revoke the license of an 9
individual who commits a violation of certain provisions of this Act; authorizing an 10
individual who is subject to female genital mutilation to bring a civil action for 11
certain relief; requiring the Maryland Department of Health, in collaboration with 12
certain governm ent agencies and public and private organizations , to develop, 13
publish, and distribute certain educational materials regarding female genital 14
mutilation; and generally relating to female genital mutilation. 15

BY repealing and reenacting, without amendments, 16
Article – Family Law 17
Section 5–701(a) and 5–704 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2025 Supplement) 20

2 HOUSE BILL 1389

BY repealing and reenacting, with amendments, 1
Article – Family Law 2
Section 5–701(b) 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2025 Supplement) 5

BY adding to 6
Article – Health – General 7
Section 20–601 and 20–605 through 20–607 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2025 Supplement) 10

BY repealing and reenacting, with amendments, 11
Article – Health – General 12
Section 20–601 through 20–603 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Family Law 18

5–701. 19

(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 20
following words have the meanings indicated. 21

(b) (1) “Abuse” means: 22

(i) the physical or mental injury of a child under circumstances that 23
indicate that the child’s health or welfare is harmed or at substantial risk of being harmed 24
by: 25

1. a parent; 26

2. a household member or family member; 27

3. a person who has permanent or temporary care or custody 28
of the child; 29

4. a person who has responsibility for supervision of the 30
child; or 31

5. a person who, because of the person’s position or 32
occupation, exercises authority over the child; 33

HOUSE BILL 1389 3

(ii) sexual abuse of a child, whether physical injuries are sustained 1
or not; or 2

(iii) labor trafficking of a child by any individual. 3

(2) “ABUSE” INCLUDES FEMALE GENITAL MUTILATION, AS DEFINED 4
IN § 20–601 OF THE HEALTH – GENERAL ARTICLE. 5

(3) “Abuse” does not include the physical injury of a child by accidental 6
means. 7

5–704. 8

(a) Notwithstanding any other provision of law, including any law on privileged 9
communications, each health practitioner, police officer, educator, or human service 10
worker, acting in a professional capacity in this State who has reason to believe that a child 11
has been subjected to abuse or neglect: 12

(1) shall notify the local department or the appropriate law enforcement 13
agency; and 14

(2) if acting as a staff member of a hospital, public health agency, child care 15
institution, juvenile detention center, school, or similar institution, shall immediately 16
notify and give all information required by this section to the head of the institution or the 17
designee of the head. 18

(b) (1) An individual who notifies the appropriate authorities under subsection 19
(a) of this section shall make: 20

(i) an oral report, by telephone or direct communication, as soon as 21
possible to the local department or appropriate law enforcement agency; and 22

(ii) a written report: 23

1. to the local department not later than 48 hours after the 24
contact, examination, attention, or treatment that caused the individual to believe that the 25
child had been subjected to abuse or neglect; and 26

2. with a copy to the local State’s Attorney. 27

(2) (i) An agency to which an oral report of suspected abuse or negl ect 28
is made under paragraph (1) of this subsection shall immediately notify the other agency. 29

(ii) This paragraph does not prohibit a local department and an 30
appropriate law enforcement agency from agreeing to cooperative arrangements. 31

4 HOUSE BILL 1389

(c) Insofar as is reasonably possible, an individual who makes a report under this 1
section shall include in the report the following information: 2

(1) the name, age, and home address of the child; 3

(2) the name and home address of the child’s parent or other person who is 4
responsible for the child’s care; 5

(3) the whereabouts of the child; 6

(4) the nature and extent of the abuse or neglect of the child, including any 7
evidence or information available to the reporter concerning possible previous instances of 8
abuse or neglect; and 9

(5) any other information that would help to determine: 10

(i) the cause of the suspected abuse or neglect; and 11

(ii) the identity of any individual responsible for the abuse or neglect. 12

Article – Health – General 13

20–601. 14

IN THIS SUBTITLE , “FEMALE GENITAL MUTIL ATION” MEANS A PROCEDURE 15
PERFORMED FOR NONMED ICAL REASONS THAT IN VOLVES PARTIAL OR TO TAL 16
REMOVAL OF OR OTHER INJURY TO THE EXTERNAL FEMALE GENITALIA, INCLUDING: 17

(1) A CLITORIDECTOMY OR THE PARTIAL OR TOTAL REMOVAL OF THE 18
CLITORIS, PREPUCE, OR CLITORAL HOOD; 19

(2) EXCISION OR THE PARTI AL OR TOTAL REMOVAL , WITH OR 20
WITHOUT EXCISION OF THE CLITORIS, OF THE LABIA MINORA , WITH OR WITHOUT 21
REMOVAL OF THE LABIA MAJORA; 22

(3) INFIBULATION OR THE N ARROWING OF THE VAGI NAL OPENING, 23
WITH OR WITHOUT EXCISION OF THE CLITORIS; OR 24

(4) ANY O THER PROCEDURE THAT IS HARMFUL TO THE EXTER NAL 25
FEMALE GENITALIA , INCLUDING PRICKING, PIERCING, INCISING, SCRAPING, OR 26
CAUTERIZING THE GENITAL AREA. 27

[20–601.] 20–602. 28

HOUSE BILL 1389 5

(a) Except as provided in [§ 20 –602] § 20–603 of this subtitle, a person [who 1
circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora 2
or clitoris of an individual who is under the age of 18 years is guilty of] MAY NOT: 3

(1) KNOWINGLY PERFORM, ATTEMPT TO PERFORM, OR CONSPIRE TO 4
PERFORM female genital mutilation ON AN INDIVIDUAL WHO IS UNDER THE AGE OF 18 5
YEARS; OR 6

(2) TRANSPORT AN INDIVIDUAL WHO IS UNDER THE AGE OF 18 YEARS 7
OUT OF THE STATE FOR THE PURPOSE OF PERFO RMING OR FACILITATING THE 8
PERFORMANCE OF FEMALE GENITAL MUTILATION ON THE INDIVIDUAL. 9

(b) Except as provided in [§ 20–602] § 20–603 of this subtitle, a parent, guardian, 10
or other individual is guilty of female genital mutilation if the individual: 11

(1) Is legally responsible and charged with the care or custody of a child 12
under the age of 18 years; and 13

(2) Knowingly consents to [the circumcision, excision, or infibulation of the 14
whole or any part of the labia majora or labia minora or clitoris of ] THE PERFORMANCE 15
OF FEMALE GENITAL MUTILATION ON the child. 16

[20–602.] 20–603. 17

(a) A surgical operation is not a violation of this subtitle if the operation is 18
necessary to the health of the individual on whom it is performed and is performed by a 19
person licensed in the State as a medical practitioner. 20

(b) In determining whether an operation is necessary to the health of the 21
individual, no account may be taken of the belief on the part of any individual that the 22
operation is required as a matter of custom or ritual. 23

[20–603.] 20–604. 24

(A) A person who violates the provisions of this subtitle is guilty of a felony and 25
on conviction is subject to imprisonment not exceeding [5] 10 years or a fine not exceeding 26
[$5,000] $10,000 or both. 27

(B) IF AN INDIVIDUAL WHO HOLDS A LICENSE ISSUED UNDER THE HEALTH 28
OCCUPATIONS ARTICLE IS CONVICTED OF, ENTERS A PLEA OF GUILTY OR OF NOLO 29
CONTENDERE FOR, OR RECEIVES PROBATION BEFORE JUDGMENT FOR A VIOLATION 30
OF THIS SUBTITLE, THE APPLICABLE HEALTH OCCUPATIONS BOARD SHALL REVOKE 31
THE LICENSE OF THE INDIVIDUAL. 32

20–605. 33
6 HOUSE BILL 1389

(A) A VICTIM OF FEMALE GENITAL MUTILATION PERFORMED IN VIOLATION 1
OF THIS SUBTITLE MAY FILE AN ACTION IN THE CIRCUIT COURT IN THE COUNTY IN 2
WHICH THE VIOLATION OCCURRED OR THE VICTIM RESIDES. 3

(B) IF THE COURT FINDS TH AT A PERSON VIOLATED THIS SUBTIT LE, THE 4
COURT MAY AWARD THE PLAINTIFF: 5

(1) ACTUAL DAMAGES; 6

(2) COMPENSATORY DAMAGES; 7

(3) PUNITIVE DAMAGES; 8

(4) REASONABLE ATTORNEY’S FEES, COURT COSTS, AND LITIGATION 9
EXPENSES, INCLUDING EXPERT WITNESS FEES AND EXPENSES; AND 10

(5) ANY OTHER APPROPRIATE RELIEF. 11

(C) AN ACTION BROUGHT UNDER SUBSECTION (A) OF THIS SECTION SHALL 12
BE FILED THE LATER OF: 13

(1) NOT MORE THAN 10 YEARS AFTER THE DATE ON WHICH THE 14
VIOLATION OCCURRED; OR 15

(2) THE DATE ON WHICH THE VICTIM OF THE VIOLATION REACHES 28 16
YEARS OF AGE. 17

20–606. 18

(A) ON OR BEFORE DECEMBER 1 EACH YEAR , BEGINNING IN 2027, THE 19
DEPARTMENT, IN CONSULTATION WITH THE SOCIAL SERVICES ADMINISTRATION, 20
STATE AND LOCAL LAW E NFORCEMENT AGENCIES , AND OTHER APPROPRIATE 21
GOVERNMENT AGENCIES AND PUBLIC AND PRIVATE ORGANIZATIONS, SHALL 22
SUBMIT A REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF 23
THE STATE GOVERNMENT ARTICLE, CONTAINING DE–IDENTIFIED AND 24
DISAGGREGATED DATA ON THE NUMBER OF: 25

(1) REPORTS OF FEMALE GENITAL MU TILATION SUBMITTED IN 26
ACCORDANCE WITH § 5–704 OF THE FAMILY LAW ARTICLE; 27

(2) INDIVIDUALS PROSECUTED FOR A VIOLATION OF THIS SUBTITLE; 28

HOUSE BILL 1389 7

(3) INDIVIDUALS CONVICTED OF A VIOLATION OF THIS SUBTITLE; 1

(4) CIVIL ACTIONS FILED IN ACCORDANCE WITH THIS SUBTITLE; AND 2

(5) CIVIL ACTIONS UNDER T HIS SUBTITLE IN WHIC H A JUDGMENT 3
WAS ENTERED, WHETHER BY SETTLEMENT OR ADJUDICATION. 4

(B) THE DEPARTMENT SH ALL MAKE THE REPORT REQUIRED UNDER 5
SUBSECTION (A) OF THIS SECTION AVAILABLE TO THE PUBLIC. 6

20–607. 7

THE DEPARTMENT, IN COLLABORATION WIT H COMMUNITY –BASED 8
ORGANIZATIONS, SHALL: 9

(1) DEVELOP AND PUBLISH CULTURALLY AND LINGU ISTICALLY 10
APPROPRIATE EDUCATIONAL MATERIAL S ON FEMALE GENITAL MUTILATION, 11
INCLUDING: 12

(I) THE SIGNS THAT AN INDIVIDUAL HAS BEEN SUBJECTED TO 13
FEMALE GENITAL MUTILATION; 14

(II) THE PHYSICAL AND MENT AL HEALTH RISKS CAUS ED BY 15
FEMALE GENITAL MUTILATION; AND 16

(III) THE CRIMI NAL PENALTIES FOR A VIOLATION OF THIS 17
SUBTITLE; AND 18

(2) DISTRIBUTE THE EDUCAT IONAL MATERIALS DESCRIBED UNDER 19
ITEM (1) OF THIS SECTION TO: 20

(I) HEALTH CARE PROVIDERS; 21

(II) LAW ENFORCEMENT AGENCIES; 22

(III) SCHOOLS; 23

(IV) THE PUBLIC; AND 24

(V) ANY OTHER PROFESSIONA L OR COMMUNITY –BASED 25
ORGANIZATIONS THAT M AY WORK OR INTERACT WITH INDIVI DUALS WHO ARE AT 26
RISK OF FEMALE GENITAL MUTILATION. 27

8 HOUSE BILL 1389

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2