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MarylandSB 01692026 Regular SessionSenate

Hospitals - Emergency Pregnancy-Related Medical Conditions - Procedures

Sponsored By: Clarence K. Lam (Democratic)

Signed by Governor

Health Care Facilities and RegulationPublic HealthAbortion -see also- Reproductive MattersDisciplineEmergency Medical Services -see also- Ambul; RescSqdFederal GovernmentFines -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 Testing and DiagnosisMedical TreatmentsPenalties and Sentences -see also- Death PenaltyPregnancyReproductive Matters -see also- Abortion; BrthCntr; PregTransportation -see also- Aircraft; Airports; Boats; etcWork, Labor, and Employment -see also- JobTrn; Leave; etc.

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Bill Overview

Analyzed Economic Effects

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

Hospitals must stabilize pregnant patients

Beginning October 1, 2026, hospitals with an emergency department must examine and treat pregnant patients who have an emergency condition that risks serious harm without quick care. The hospital must stabilize the patient using its staff and facilities. This care can include ending a pregnancy when a clinician decides it is medically necessary to stabilize the patient. If the hospital cannot stabilize the patient, it must transfer the patient under federal transfer rules.

Protections for emergency providers and staff

Beginning October 1, 2026, hospitals cannot punish a treating provider for refusing to transfer an unstabilized patient. Hospitals also cannot punish a provider for giving stabilizing care that meets medical standards. Employees who report a violation are protected from retaliation, including firing, demotion, or loss of privileges.

Hospitals may refuse some procedures

Beginning October 1, 2026, outside emergencies, a hospital and its leaders do not have to allow or refer for artificial insemination, sterilization, or abortion. Refusal cannot be the basis for lawsuits or discipline. In an emergency pregnancy-related condition, the emergency stabilization rule still applies, and needed care, including termination to stabilize, is allowed.

Fines and federal offsets for hospitals

Beginning October 1, 2026, hospitals that negligently violate the emergency care rules face civil penalties per violation: up to $50,000 for hospitals with 100 or more beds, and up to $25,000 for smaller hospitals. The Department pauses a state case while a federal EMTALA investigation is open. If a federal fine is imposed for the same incident, the state reduces its fine by that amount or refunds up to that amount if the federal fine comes within two years.

Sponsors & Cosponsors

Sponsor

  • Clarence K. Lam

    Democratic • Senate

Cosponsors

  • Pamela Beidle

    Democratic • Senate

  • Brian J. Feldman

    Democratic • Senate

  • Guy Guzzone

    Democratic • Senate

  • Sara Love

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 128 • No: 48

House vote • 4/2/2026

Third Reading Passed

Yes: 96 • No: 37 • Other: 2

Senate vote • 2/12/2026

Third Reading Passed

Yes: 32 • No: 11 • Other: 2

Actions Timeline

  1. Approved by the Governor - Chapter 788

    5/26/2026

  2. Returned Passed

    4/3/2026Senate

  3. Third Reading Passed (96-37)

    4/2/2026House

  4. Favorable Adopted Second Reading Passed

    4/1/2026House

  5. Favorable Report by Health

    4/1/2026House

  6. Hearing 3/25 at 1:00 p.m.

    3/17/2026House

  7. Referred Health

    2/13/2026House

  8. Third Reading Passed (32-11)

    2/12/2026Senate

  9. Second Reading Passed

    2/10/2026Senate

  10. Favorable Adopted

    2/10/2026Senate

  11. Favorable Report by Finance

    2/9/2026Senate

  12. Hearing 2/03 at 2:00 p.m.

    1/21/2026Senate

  13. First Reading Finance

    1/14/2026Senate

  14. Pre-filed

    9/8/2025Senate

Bill Text

  • Enacted

    5/26/2026

    PDF

  • Third Reading

    2/10/2026

    PDF

  • First Reading

    1/14/2026

    PDF

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