Public Health - Office of the Chief Medical Examiner - Perinatal Autopsies (Lung Float Test Ban)
Summary
HB1143 would temporarily prohibit the Office of the Chief Medical Examiner and authorized pathologists from using a hydrostatic lung test, also known as a lung float test, during a perinatal autopsy when determining whether a death was a stillbirth or occurred after live birth. The bill also creates a civil cause of action for a parent, guardian, or legal representative if the test is used in violation of the ban, and it directs the Maryland Department of Health to study the test’s usefulness and report back with recommendations on whether it should continue to be used.
The bill further amends related statutes to align with the new prohibition. It adds a physician discipline ground for violating the autopsy restriction, updates cross-references in criminal procedure and public safety law tied to amended death determinations, and preserves existing procedures for correcting death certificates and reopening investigations when a death is later classified as undetermined or homicide. The operative ban is temporary: Section 1 sunsets after two years, while the reporting requirement remains tied to a 2027 deadline.
Impact
HB1143 changes Maryland law governing perinatal autopsies by restricting a specific forensic test used by medical examiners in cases involving possible stillbirth versus live birth. It amends the Health - General Article, Health Occupations Article, Criminal Procedure Article, and Public Safety Article to incorporate the new prohibition, create enforcement through civil litigation, and make violations a basis for physician discipline. The bill also requires a state report evaluating the test’s scientific value and whether it should remain an accepted autopsy tool.
Sentiment
The bill appears to have received generally favorable treatment in the House, passing third reading by a wide margin of 93 yeas to 32 nays. The committee report was favorable with amendments, suggesting support for the bill’s core purpose but some refinement during committee review. No committee transcript excerpts were provided, so the available record shows broad legislative support but not the detailed arguments behind it.
Contention
The main point of contention is the ban on the hydrostatic lung test itself, which is a forensic method used to help determine whether an infant was born alive. Supporters likely view the test as unreliable or inappropriate enough to warrant a temporary prohibition and further study, while opponents may see the restriction as limiting a tool used in death investigations. The bill also raises enforcement concerns by allowing civil suits against medical examiners and by exposing physicians to discipline for violations, which could be viewed as significant liability and professional oversight measures.