Maryland is counted as one of the 20 or more states requiring parental consent or notification for a minor to have an abortion.
But Maryland's notification law is so weak as to be virtually meaningless, says Pat Kelly, associate director of the Maryland Catholic Conference.
The law stipulates that a physician may not perform an abortion on an unmarried minor unless he first gives notice to a parent or guardian of the minor.
However, he may perform the abortion without parental notice if, in his professional judgment, notice to the parent or guardian may lead to the girl's physical or emotional abuse; the girl is mature and capable of giving informed consent to the abortion; or notification would not be 'in the best interest of the minor.'
Thus, the physician, who stands to profit by going ahead with the abortion, is allowed to bypass the parental notification requirement for a number of exceptions broad enough to drive a truck through.
Should the abortionist have any qualms about deciding to ignore the parental notification requirement, he need only contemplate the section of the law which states that there are no criminal penalties, nor is he liable for civil damages, if he decides not to give notice.
Dr. Delhi Thweatt, the Catonsville physician who travels to Harrisburg to perform abortions, has hospital privileges at Bon Secours Hospital, a Roman Catholic facility in West Baltimore.
According to Brother Arthur Caliman, director of admissions at Bon Secours, the hospital was unaware of Thweatt's abortion activities in Harrisburg until informed of them by Harrisburg pro-lifer Ed Snell about 6 months ago.
Thweatt used his hospital privileges rarely, said Brother Caliman. In the fiscal year starting September 1, 1997, he has been at the hospital only three times, all emergency room 'on call' cases.
The doctor used to be on call in the hospital's emergency room on Monday nights, but as of this July, the hospital has replaced him on the Monday night schedule.
'We'd prefer not using him,' said Brother Caliman, 'but we can't take his privileges away.'
He explained that, by the same 'conscience clause' in the law that permits doctors to refuse to do abortions, Bon Secours is prohibited from revoking or denying Thweatt's privileges based on what he does elsewhere.
Thweatt's hospital privileges permit him to do two things. He may admit a patient -- 'But since we have no OB/GYN department and that's his specialty, he wouldn't be doing that,' said Caliman. He may also treat any patient of his who is admitted to the emergency room.
Dr. Thweatt may continue to have privileges as long as he keeps reapplying every two years and pays the requisite dues.
'My guess is, now that he is
not on the ER schedule, he will
probably not renew his privileges,'
said Brother Caliman.
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