Restrictions

Maryland law requires that a parent or legal guardian be notified about a minor’s abortion^[1]MD. CODE., HEALTH-GEN. § 20-103(a). but physicians can waive notice in certain instances.^[2]Id. § 20-103(c)(1).

Maryland’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities^[3]MD. CODE, HEALTH-GEN. § 20-209; MD. CODE REGS. 10.12.01.01-20. and transfer protocols.^[4]MD. CODE REGS. 10.12.01.10. In 2022, Maryland enacted a law that allows nurse practitioners, nurse midwives, licensed midwives, and physician assistants to provide abortion care in addition to physicians.^[5]H.B. 937, 444th Leg., Reg. Sess. (Ma. 2022), amending MD. CODE, HEALTH-GEN. §§ 20-103, 207, 208.

State Protections

Maryland law includes express statutory protections for abortion.^[6]MD. CODE, HEALTH-GEN. § 20-209. Maryland requires public medical assistance programs to cover abortion services and private insurance plans that cover labor and delivery to also cover abortion services.^[7]H.B. 937, 444th Leg., Reg. Sess. (Ma. 2022). The state allows nurse practitioners, nurse midwives, licensed midwives, and physician assistants to provide abortion care in addition to physicians.^[8]H.B. 937 444th Leg., Reg. Sess. (Ma. 2022), amending Md. Code, Health-Gen. §§ 20-103, 207, 208. In 2023, Maryland enacted interstate shield laws protecting providers, patients, and people who help others access abortion from professional licensure consequences, the reach of out-of-state investigations and legal actions,^[9]S.B. 859, 445th Leg., Reg. Sess. (Ma. 2023). and the disclosure of information.^[10]H.B. 477, 445th Leg., Reg. Sess. (Ma. 2023). The state protects clinic access by preventing interference with entering and exiting a facility.^[11]MD. CODE, CRIM. LAW § 10-204.

Post-Roe prohibitions

Maryland repealed its pre-Roe ban in 1991.^[12]See 1991 Md. Laws 1 (repealing MD. CODE HEALTH – GENERAL CODE §§ 21-201 through 20-206, 20-208, 20-210, and 20-211).

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Maryland. State law includes express protections for abortion and Maryland has enacted few restrictions on abortion access.