01.01.2023.08
EXECUTIVE ORDER 01.01.2023.08
Protecting the Right to Seek Gender-Affirming Treatment in Maryland
A. Definitions.
1. “Gender-Affirming Treatment” means any medically necessary treatment consistent with current clinical standards of care prescribed by a licensed health care provider for the treatment of a condition related to the individual's gender identity.
2. “State Agency” means a department, agency, commission, board, council, or other body of state government subject to the direction and supervision of the Governor.
B. All state agencies shall, to the fullest extent within their authority, take whatever action is necessary and coordinate to protect people or entities in Maryland providing, receiving, assisting in providing or receiving, seeking, or traveling to obtain gender-affirming treatment.
C. Except as required by court order issued by a Maryland or federal court, or as required by Maryland or federal law, no state agency shall provide information, including patient medical records, patient-level data, or related billing information, or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity solely for:
1. The provision of, securing of, receipt of, inquiry into, or responding to any inquiry concerning gender-affirming treatment that is permitted under the laws of this State; or
2. The provision of any assistance to any individual or entity that relates to the provision of, securing of, receipt of, inquiry into, or responding to any inquiry concerning gender-affirming treatment that is permitted under the laws of this State; or
3. Traveling to Maryland to obtain, provide, receive, or inquire into gender-affirming treatment that is permitted under the laws of this State.
D. Except as required by a court order issued by a Maryland or federal court, or as required by Maryland or federal law, no state agency shall comply with a subpoena issued by another state, knowing that the subpoena seeks information solely because an individual or entity provided, received, assisted in providing or receiving, sought, inquired or responded to an inquiry about, or traveled to Maryland to obtain gender-affirming treatment that is permitted under the laws of this State for themselves or a child for whom they are the parent or legal guardian.
E. Pursuant to the discretion afforded me under § 9-106(a) of the Criminal Procedure Article of the Maryland Code, I shall refuse to surrender, on demand of the executive authority of any other state, any person who: (i) is found in this State; (ii) was not present in the demanding state at the time of the commission of the alleged offense and has not fled therefrom; and (iii) is charged with a criminal violation of a law of another state where the violation alleged involves the provision of, assistance with, securing of, or receipt of gender- affirming treatment that is permitted under the laws of this State.
F. Except when in conflict with any State or federal laws, a health occupations board shall not refuse to admit a person to an examination and shall not revoke, suspend, discipline, take an adverse action against, or refuse to issue or renew a license, certification, or other authorization to practice for any health care practitioner in whole or in part because of the provision of, authorization of, participation in, referral for, or assistance with gender-affirming treatment for a person who resides in a jurisdiction where the provision, authorization, participation, referral, or assistance is illegal, if the provision, authorization, participation, referral, or assistance would not be a basis for refusing to admit a person to an examination or for revoking, suspending, disciplining, taking an adverse action against, or refusing to issue or renew a license, certification, or other authorization to practice in this State.
G. This Executive Order shall not be construed to preclude a health occupations board from investigating an alleged violation of the applicable practice act by a Maryland-licensed practitioner that occurs in Maryland or from taking appropriate action against that practitioner.
Effective Date: June 5, 2023.
