MarylandHB 03722026 Regular SessionHouse

Hospitals - Emergency Pregnancy-Related Medical Conditions - Procedures

Sponsored By: Lesley J. Lopez (Democratic)

Signed by Governor

Health Care Facilities and RegulationPublic HealthAbortion -see also- Reproductive MattersEmergency Medical Services -see also- Ambul; RescSqdFines -see also- Penalties and SentencesHealth -see also- COVID19; EnvHlth; MedCon; etc.Hospitals -see also- Clinics; State HospitalsInvestigations and Inquiries -see also- Crim Bckgrnd InvestMedical Conditions -see also- AIDS; COVID-19; rabiesMedical TreatmentsPenalties and Sentences -see also- Death PenaltyPregnancyReproductive Matters -see also- Abortion; BrthCntr; PregTransportation -see also- Aircraft; Airports; Boats; etc

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Hospitals must stabilize pregnancy emergencies

Beginning October 1, 2026, hospitals with an emergency department must examine and stabilize pregnant patients with emergency conditions. Stabilizing care can include ending a pregnancy if the treating clinician decides it is medically necessary to stabilize the patient. The hospital cannot transfer an unstable patient unless the transfer follows federal EMTALA emergency transfer rules. If the patient or their representative refuses treatment or transfer after being told the risks and benefits, the hospital has met its duty and should document the refusal in writing.

Hospitals can refuse non-emergency procedures

Beginning October 1, 2026, hospitals are not required to allow or refer for artificial insemination, sterilization, or termination of pregnancy in non-emergencies. They cannot be sued or disciplined for refusing these non-emergency procedures. The emergency stabilization rule still applies, so hospitals must allow needed care in emergencies when it is medically necessary to stabilize the patient.

State fines for hospital violations

Beginning October 1, 2026, hospitals that negligently break these emergency pregnancy-care rules face civil fines. The cap is up to $50,000 per violation for hospitals with 100 or more beds, and up to $25,000 per violation for smaller hospitals. The state pauses a final decision if a federal EMTALA investigation on the same incident is open. If federal fines are issued for the same incident, the state reduces or refunds its fine, including refunds within two years up to the state fine amount.

Job protections for emergency care staff

Beginning October 1, 2026, hospitals cannot punish clinicians who refuse an improper transfer of an unstable pregnant patient. They also cannot punish clinicians who give stabilizing care that meets medical standards or employees who report violations. The law bars firing, demotion, pay cuts, or loss of privileges for these actions.

Sponsors & Cosponsors

Sponsor

  • Lesley J. Lopez

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 128 • No: 49

Senate vote • 4/8/2026

Third Reading Passed

Yes: 31 • No: 12 • Other: 2

House vote • 2/26/2026

Third Reading Passed

Yes: 97 • No: 37 • Other: 2

Actions Timeline

  1. Approved by the Governor - Chapter 789

    5/26/2026
  2. Returned Passed

    4/9/2026House
  3. Third Reading Passed (31-12)

    4/8/2026Senate
  4. Second Reading Passed

    4/7/2026Senate
  5. Favorable Adopted

    4/7/2026Senate
  6. Favorable Report by Finance

    4/6/2026Senate
  7. Referred Finance

    2/27/2026Senate
  8. Third Reading Passed (97-37)

    2/26/2026House
  9. Second Reading Passed

    2/24/2026House
  10. Favorable Adopted

    2/24/2026House
  11. Favorable Report by Health

    2/23/2026House
  12. Hearing 2/11 at 2:00 p.m.

    2/11/2026House
  13. Hearing canceled

    2/11/2026House
  14. Hearing 2/11 at 1:30 p.m.

    1/22/2026House
  15. First Reading Health

    1/19/2026House

Bill Text

  • Enacted

    5/26/2026

  • Third Reading

    2/24/2026

  • First Reading

    1/19/2026

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