Surgical Abortion Facilities

​Description

A surgical abortion facility is an outpatient facility that provides surgical termination of pregnancy as a regular service except if the facility is regulated by the Department under Health General Article, Title 19, Subtitle 3, Annotated Code of Maryland; Health General Article, Title 19, Subtitle 3A, Annotated Code of Maryland; or Health General Article, Title 19, Subtitle 3B, Annotated Code of Maryland.

OHCQ is responsible for the licensure and oversight of surgical abortion facilities, including initial licensure surveys and complaint investigations.

In July 2011, the Maryland Department of Health began a stakeholder process to develop regulations for surgical abortion providers under Health General Article 20-209, which states that the Department may adopt regulations that are both necessary and the least intrusive method to protect the life or health of the woman; and are not inconsistent with established medical practice.

Stakeholders involved in the process included the Maryland Catholic Conference, Planned Parenthood of Maryland, and others.  Over the course of the next several months, the Department shared draft regulations with stakeholders, reviewed nearly 1,200 comments from the public, and made changes based on the constructive feedback received.

In December 2011, the Department formally proposed regulations, and in July 2012, after additional public comment and completion of the rulemaking process, the Department adopted final regulations.  As a result of these actions, Maryland surgical abortion facilities became subject to licensure for the first time.  The new regulations supplement state oversight of licensed physicians and other health care professionals.

Maryland Regulations

Regulations related to surgical abortion facilities are found in COMAR 10.12.01.​  To order copies of COMAR regulations, call the Maryland Division of State Documents at 410-260-3876 or 800-633-9657.  Regulations are also available at public libraries - Find your nearest public library.

Licensure

A person may not establish or operate a surgical abortion facility without first obtaining a license from the Secretary.  To apply for a license for a new surgical abortion facility, complete the License Application and submit it along with all of the required documentation to OHCQ via Submit Application.  In order to complete the application, please download a copy to your device.  Adobe Acrobat, Adobe Reader or another *.PDF application are required to complete the application.  It is recommended that you save your progress throughout the process. Questions, comments or concerns regarding this application and its completion, can be referred to the associated program/unit within OHCQ.
Surveys

Click on the link below to access initial licensure surveys and complaint investigations by facility.


​​Regulatory Actions Archives

On March 5, 2013, OHCQ suspended the license of three facilities operated by Associates in OB/GYN Care - OB/GYN Care Suspension Letter, March 5, 2013 - Archived​. Those suspensions were lifted after receipt of acceptable plans of correction and follow-up on-site surveys - OB/GYN Care Lift of Suspension Letter, March 25 2013 - Archived. 

On May 9, OHCQ suspended the license of all four Associates in OB/GYN Care facilities in Maryland - OB/GYN Care Suspension Letter​ - Archived, May 9, 2013 Suspension letter. As a result of a Show Cause Hearing on May 22, the summary suspensions were continued - Show Cause Hearing Decision May 23, 2013 - Archived​.  On June 15, 2013, OHCQ served a notice of intent to revoke the licensed of the four facilities operated by Associates in OB-GYN Care.  The revocation of their licenses was upheld by the Department's Board of Review on June 23, 2015 and the Circuit Court for Baltimore City on April 18, 2016.

Implementation of Regulations Archives

The Department's summary updates to the Maryland General Assembly and the public on the implementation of these regulations are below.


Contact Us​​​

Contact the Surgical Abortion Facilities Team
File a Surgical Abortion Facilities Complaint​​​

Phone:  (410) 402-8015 / (800) 492-6005 / TTY (800) 735-2258
Fax:  (410) 402-8211

Oksana Likhova, Deputy Director​