HB 1045
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1045 (Delegate Wivell)
Economic Matters
Labor and Employment - Elective Medical Procedures - Employee Protections
This bill prohibits an employer from requiring an employee to undergo an elective medical
procedure unless the procedures would have a substantial effect on the employee’s capacity
or fitness to perform the job properly. An employer may not retaliate against an employee
who declines to undergo such a procedure. The bill takes effect June 1, 2021.
Fiscal Summary
State Effect: The Maryland Department of Labor (MDL) can investigate any complaints
resulting from the bill with existing budgeted resources. Revenues are not affected.
Local Effect: The bill does not directly affect local government operations or finances.
Small Business Effect: Minimal.
Analysis
Bill Summary/Current Law: In general, the Commissioner of Labor and Industry within
MDL may conduct an investigation to determine whether a provision of Title 3 of the
Labor and Employment Article (in which the bill’s provisions appear) has been violated.
The investigation may be carried out on the commissioner’s own initiative, or the
commissioner may require a written complaint. However, the commissioner is not
authorized to otherwise enforce the bill’s provisions.
Additional Comments: As “elective medical procedure” is not defined, it is unclear how
narrowly or broadly the bill might apply.
 Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland Department of Labor; Department of Legislative
Services
Fiscal Note History: First Reader - March 4, 2021
rh/mcr
Analysis by: Richard L. Duncan Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1045/ Page 2


Statutes affected:
Text - First - Labor and Employment - Elective Medical Procedures - Employee Protections: 3-718 Labor and Employment