Maryland ‘Keep Our Hearts Beating Act’ (HB 978)

HB 978 would prohibit a physician from performing or inducing an abortion on a pregnant person if it has been determined that the fetus has a detectable heartbeat.

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A fetal heartbeat can be detected as early as six weeks of pregnancy—two weeks after a person’s first missed period—and well before many even realize that they are pregnant.

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The bill would require a physician to first determine whether the fetus the pregnant person is carrying has a detectable heartbeat. The bill requires the physician to use a method to detect the fetal heartbeat that is “consistent with the standard of care.”

A physician would be able to perform an abortion only in cases of medical emergency or if it has been determined that there is no detectable heartbeat.

A person who violates this provision would be guilty of a felony and subject to up to one year in prison, a fine, and disciplinary action.

Records

A physician who attempts to detect a fetal heartbeat would need to include the following in the patient’s medical record:

• The method used to detect the heartbeat;
• The approximate gestational age of the fetus; and
• Whether a fetal heartbeat was detected.

A person who violates this provision would be guilty of a misdemeanor—punishable by up to six months in prison and/or a $1,000 fine.

The bill would repeal certain provisions of law which prohibit the state from interfering with the decision of an individual to terminate a pregnancy before the fetus is viable; or any time during a pregnancy if it’s necessary to protect the pregnant person’s life or the fetus has a serious abnormality.

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Related Legislation

Companion bill to SB 1008.

Similar to HB 933 and HB 1195.

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Latest Action

2/8/19 – Introduced; referred to House Health and Government Operations Committee.

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People