§ 2-301 . Definitions
§ 2-302 . Establishment of board
§ 2-302.1 . Committee defined; general powers
§ 2-303 . State Board of Veterinary Medical Examiners Fund
§ 2-304 . General powers and duties
§ 2-304.1 . Licensing veterinary hospitals
§ 2-305 . Animal control facilities; drugs for sedation and euthanization of animals; rabies vaccines
§ 2-305.1. Practice of a health occupation on an animal; expedited process to authorize a veterinary practitioner who holds license in another state to be licensed in Maryland
§ 2-306 . Education
§ 2-307 . Licensing
§ 2-307.1. Mental or physical examinations
§ 2-308 . Registration
§ 2-309 . Veterinary technicians
§ 2-310 . Ethics and enforcement
§ 2-310.1 . Penalties
§ 2-311 . Suspension or revocation procedures
§ 2-312 . Licenses after revocation
§ 2-313 . Proscribed conduct
§ 2-313.1. Mandated reporting of suspected case of animal cruelty or fighting
§ 2-313.2. Issuance of cease and desist orders or imposition of civil penalties
§ 2-313.3. Declawing procedure on cat prohibited
§ 2-314 . Good samaritan immunity
§ 2-315 . Injunctions
§ 2-316 . Expiration of subtitle
In general
(a) In this subtitle the following words have the meanings indicated.
Board
(b) “Board” means the State Board of Veterinary Medical Examiners.
Compounded nonsterile preparations
(b-1) “Compounded nonsterile preparations” has the meaning stated in § 12-101 of the Health Occupations Article.
Compounded sterile preparations
(b-2) “Compounded sterile preparations” has the meaning stated in § 12-101 of the Health Occupations Article.
Convicted
(b-3) “Convicted” includes:
(1) A finding of guilt by a court or a jury; and
(2) The acceptance by a court of a defendant's plea of guilty, nolo contendere, or Alford plea.
Declawing procedure
(b-4)(1) “Declawing procedure” means:
(i) An onychectomy, a dactylectomy, a phalangectomy, or any other procedure that removes a portion of the paw or digit of an animal in order to remove a claw;
(ii) A tendonectomy or any other procedure that cuts or modifies the tendon of the limb, paw, or digit of an animal in order to prohibit the extension of a claw; or
(iii) Any procedure that prevents the normal functioning of one or more claws of an animal.
(2) “Declawing procedure” does not include nail filing, nail trimming, or the placement of temporary nail caps on one or more claws of an animal.
Direct supervision
(c) “Direct supervision” means that a veterinarian licensed and registered in the State is in the immediate vicinity where veterinary medicine is being performed and is actively engaged in the supervision of the practice of veterinary medicine.
License
(d) “License” means a license to practice veterinary medicine in the State.
Member
(e) “Member” means a member of the State Board of Veterinary Medical Examiners.
Practice of veterinary medicine includes
(f) “Practice of veterinary medicine” includes the practice by any person who:
(1) Diagnoses, advises, prescribes, or administers a drug, medicine, biological product, appliance, application, or treatment of any nature, for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of an animal;
(2) Performs a surgical operation, including cosmetic surgery, upon any animal;
(3) Performs dentistry on any animal;
(4) Performs any manual procedure upon an animal for the diagnosis or treatment of sterility or infertility of the animal;
(5) Represents himself as engaged in the practice of veterinary medicine;
(6) Offers, undertakes, or holds himself out as being able to diagnose, treat, operate, vaccinate, or prescribe for any animal disease, pain, injury, deformity, or physical condition; or
(7) Uses any words, letters, or titles in connection or under circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine. This use is prima facie evidence of the intention to represent himself as engaged in the practice of veterinary medicine.
Practice of veterinary medicine does not include
(g) The term “practice of veterinary medicine” does not include or apply to:
(1) Any person practicing veterinary medicine in the performance of civil or military official duties in the service of the United States or of the State;
(2) Experimentation and scientific research of biological chemists or technicians engaged in the study and development of methods and techniques, directly or indirectly related or applicable to the problems of the practice of veterinary medicine;
(3) A person who advises with respect to or performs acts which the Board, by rule or regulation, has prescribed as accepted management practices in connection with livestock production;
(4) A physician licensed to practice medicine in the State or to his assistant while engaged in educational research;
(5) A person administering to the ills and injuries of his own animals if they otherwise comply with all laws, rules and regulations relative to the use of medicines and biologics;
(6) A farrier or a person actively engaged in the art or profession of horseshoeing as long as his actions are limited to the art of horseshoeing or trimming and maintaining horse hooves;
(7) Any nurse, attendant, technician, intern, or other employee of a licensed and registered veterinarian when administering medication or rendering auxiliary or supporting assistance under the responsible direct supervision of a licensed and registered veterinarian;
(8) A person who floats (files) equine teeth or removes caps;
(9) A person who scales or cleans animal teeth;
(10) A registered veterinary technician when performing a procedure under the responsible direct supervision of a veterinary practitioner as provided by regulations adopted by the Board;
(11) A person practicing acupuncture in accordance with the principles of oriental medical theories if the person:
(i) Is licensed under Title 1A of the Health Occupations Article;
(ii) Is certified as an animal acupuncturist by the Board of Acupuncture;
(iii) Practices only acupuncture, acupressure, and moxibustion;
(iv) Cooperates and consults with a veterinary practitioner by:
1. Beginning acupuncture treatment on an animal only if the animal has been seen by a veterinary practitioner within the previous 14 days;
2. Adhering to the terms and conditions of treatment decided by the veterinary practitioner, including the degree of communication and collaboration between the veterinary practitioner and the person practicing acupuncture;
3. Reporting to the veterinary practitioner at the end of treatment or at monthly intervals, at the discretion of the veterinary practitioner; and
4. Not working on an animal for which the person has not been appropriately trained, in accordance with regulations adopted by the Board of Acupuncture; and
(v) Has successfully completed a specialty training program in animal acupuncture that:
1. Is approved by the Board of Acupuncture;
2. Is offered by a school holding nationally recognized accreditation;
3. Consists of at least 135 hours; and
4. Enables the person to:
A. Design effective treatments of animals based on traditional acupuncture theories and principles, including appropriate knowledge of functional animal anatomy and physiology;
B. Handle and restrain animals to the extent appropriate in the practice of acupuncture;
C. Demonstrate sufficient knowledge of animal diseases and zoonoses that would require the immediate attention of a veterinary practitioner; and
D. Communicate effectively with a veterinary practitioner;
(12) A veterinarian licensed in another jurisdiction while consulting with a veterinary practitioner in this State; or
(13) A student of veterinary medicine practicing veterinary medicine who has successfully completed 3 years of veterinary education at an institution approved by the Board and who works under the responsible direct supervision, as defined by the Board, of a veterinary practitioner.
Therapeutic purpose
(g-1)(1) “Therapeutic purpose” means to address a physical or medical condition that compromises the health or well-being of an animal.
(2) “Therapeutic purpose” does not include cosmetic or aesthetic reasons or reasons of convenience in the keeping or handling of the animal.
Veterinarian
(h) “Veterinarian” means any person who is a graduate of a college of veterinary medicine.
Veterinary practitioner
(i) “Veterinary practitioner” means a licensed and registered veterinarian engaged in the practice of veterinary medicine.
Veterinary technician
(j) “Veterinary technician” means a person who is registered with the Board as a veterinary technician.
Credits
Added by Acts 1973, 1st Sp. Sess., c. 6, § 1. Amended by Acts 1974, c. 177, § 1; Acts 1977, c. 180; Acts 1981, c. 5; Acts 1984, c. 640; Acts 1994, c. 209, § 1, eff. Oct. 1, 1994; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 1997, c. 226, § 1, eff. Oct. 1, 1997; Acts 1999, c. 61, § 1, eff. Oct. 1, 1999; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2009, c. 20, § 1, eff. Oct. 1, 2009; Acts 2011, c. 7, § 1, eff. July 1, 2011; Acts 2011, c. 56, § 1, eff. Oct. 1, 2011; Acts 2011, c. 185, § 1, eff. Oct. 1, 2011; Acts 2016, c. 687, § 1, eff. Oct. 1, 2016; Acts 2016, c. 688, § 1, eff. Oct. 1, 2016; Acts 2017, c. 417, § 1, eff. Oct. 1, 2017; Acts 2020, c. 249, § 1, eff. Oct. 1, 2020; Acts 2022, c. 178, § 1, eff. Oct. 1, 2022; Acts 2022, c. 179, § 1, eff. Oct. 1, 2022.
Formerly Art. 43, §§ 151, 156.
§ 2-302. Establishment of board
In general
(a) There is a State Board of Veterinary Medical Examiners in the Department.
Board members
(b) The Board has seven members, five of whom:
(1) Are licensed and registered veterinarians of the State;
(2) Are residents of the State;
(3) Have engaged in active practice for five years at some time;
(4) Are in good standing; and
(5) Are appointed and qualified.
Of these five veterinarian members, at least two must have their practices predominantly for large animals. Two members of the Board shall not be veterinarians.
Members appointed by Governor
(c) The Governor shall appoint the members of the Board with the advice and consent of the Senate. Each appointment shall be made from a list of at least three names for each vacancy submitted to the Governor, or to the Governor-elect, by the Secretary.
Membership term
(d) Each member serves a term of five years or until his successor is elected and qualified. A member is not eligible to serve for more than two full successive terms except as otherwise provided in this section. If any member ceases legally and physically to reside in the State, his office is vacant.
Removal of members
(e) The Governor shall remove any of the members for misconduct in office, incompetence, immorality, willful neglect of duty, or any cause which is a ground for revocation of a license to practice veterinary medicine in the State. The member may be removed only after reasonable notice and an opportunity for hearing is provided.
Credits
Acts 1973, 1st Sp. Sess., c. 6, § 1; Acts 1974, c. 635, § 1; Acts 1976, c. 136; Acts 1977, c. 784, § 1; Acts 1990, c. 272. Amended by Acts 2020, c. 249, § 1, eff. Oct. 1, 2020.
Formerly Art. 43, § 150.
§ 2-302.1. Committee defined; general powers
(a) In this section, "veterinary review committee" means a committee or board that:
(1) Is within one of the categories described in subsection (b) of this section; and
(2) Performs any of the functions listed in subsection (c) of this section.
(b) For purposes of this section, a veterinary review committee is:
(1) A regulatory board or agency that is established by State or federal law to license, certify, or discipline any veterinary practitioner;
(2) A committee of the Maryland Veterinary Medical Association or any of its component societies; or
(3) Any person who contracts with a veterinary practitioner to perform any of those functions listed in subsection (c) of this section that are limited to the review of services provided by the veterinary practitioner.
(c) For purposes of this section, a veterinary review committee has the following powers and duties:
(1) To evaluate and seek to improve the quality of veterinary care that is provided by veterinary practitioners;
(2) To evaluate the need for and the level of performance of veterinary care that is provided by veterinary practitioners; or
(3) To evaluate and provide assistance to any veterinary practitioner who is in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(d) Except as otherwise provided in the section, the proceedings, records, and files of a veterinary review committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the veterinary review committee.
(e) Subsection (d) of this section does not apply to:
(1) A civil action brought by a party who claims to be aggrieved by a decision of the veterinary review committee; or
(2) Any record or document that:
(i) Is considered by a veterinary review committee; and
(ii) Otherwise would be subject to discovery and introduction into evidence in a civil trial.
(f) A person who acts in good faith and within the scope of jurisdiction of a veterinary review committee is not civilly liable for:
(1) Any action as a member of the veterinary review committee; or
(2) Giving information to, participating in, or contributing to the function of the veterinary review committee.
CREDIT(S)
Acts 1985, c. 458.
§ 2-303. State Board of Veterinary Medical Examiners Fund
(a) There is a State Board of Veterinary Medical Examiners Fund.
(b)(1) The Board shall set reasonable fees necessary to carry out its responsibilities under this subtitle.
(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board as provided in subsection (e) of this section.
(c) The Board shall publish in its rules and regulations the fees that it sets.
(d)(1) The Board shall pay all fees collected under the provisions of this title to the Comptroller of the State.
(2) The Comptroller shall distribute the fees received from the Board to the
Board of Veterinary Medical Examiners Fund.
(e)(1) The Board of Veterinary Medical Examiners Fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this title.
(2)(i) The Board of Veterinary Medical Examiners Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(ii) Any unspent portions of the Board of Veterinary Medical Examiners Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Board of Veterinary Medical Examiners Fund to be used for the purposes specified in this title.
(f)(1) The chairman of the Board or the designee of the chairman shall administer the Board of Veterinary Medical Examiners Fund.
(2) Moneys in the Board of Veterinary Medical Examiners Fund may be expended only for any lawful purpose authorized by the provisions of this title.
(g) The Legislative Auditor shall audit the accounts and transactions of the Board of Veterinary Medical Examiners Fund as provided in § 2-1220 of the State Government Article.
CREDIT(S)
Acts 1973, 1st Sp. Sess., c. 6, § 1; Acts 1974, c. 523; Acts 1985, c. 717, § 1; Acts 1990, c. 272. Amended by Acts 2004, c. 245, § 1, eff. July 1, 2004.
§ 2-304. General powers and duties
Powers and duties of Board
(a) The Board may:
(1) Adopt rules and regulations to effectuate this subtitle;
(2) Engage additional employees for professional, clerical, and special work as necessary and as provided in the State budget;
(3) Subpoena any witness to take his testimony;
(4) Require production of books, papers, records, and other documentary evidence, and examine them in relation to any matter which the Board may investigate or hear; and
(5) Establish reasonable standards for the practice of veterinary medicine, including conduct and ethics.
Enforcement of rules and regulations
(b) Members or their designated inspectors may enter veterinary facilities at any reasonable hour to enforce the Board rules and regulations.
Maintenance of office in State
(c) The Board shall maintain an office within the State and a telephone number listed for use by the general public.
Inspection of veterinary hospital facilities
(d) The Board shall inspect every veterinary hospital facility in the State at least once every 2 years.
Annual report
(e) On or before December 31 each year, the Board shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly on the Board's disciplinary activities for the previous fiscal year.
Credits
Added by Acts 1973, 1st Sp. Sess., c. 6, § 1. Amended by Acts 1997, c. 226, § 1, eff. Oct. 1, 1997; Acts 2002, c. 193, § 1, eff. Oct. 1, 2002; Acts 2008, c. 58, § 1, eff. Oct. 1, 2008; Acts 2017, c. 417, § 1, eff. Oct. 1, 2017; Acts 2020, c. 249, § 1, eff. Oct. 1, 2020; Acts 2023, c. 588, § 1, eff. Oct. 1, 2023; Acts 2023, c. 589, § 1, eff. Oct. 1, 2023.
§ 2-304.1. Licensing veterinary hospitals
(a) As used in this subtitle, "veterinary hospital" means any building or portion of a building which is regularly used for the treatment of animals by a veterinary practitioner.
(b) Every veterinary hospital shall be licensed by the Board. The Board shall set the annual license fee in accordance with § 2-303(b) of this subtitle. The license shall be applied for and issued to the owner of the hospital.
(c) The Board may reject an application, or suspend or revoke the license for failure to maintain the facility properly. The rejection, suspension, or revocation shall be in accordance with the procedures set out in § 2-311 of this subtitle.
CREDIT(S)
Acts 1977, c. 208; Acts 1990, c. 272. Amended by Acts 2004, c. 25, § 5, eff. April 13, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005.
§ 2-305. Animal control facilities; drugs for sedation and euthanization of animals; rabies vaccines
Animal control facility defined
(a) In this section, “animal control facility” means a humane society, as defined in § 10-601 of the Criminal Law Article, or a county or municipal designated animal shelter.
In general
(b) The Board, on terms and conditions satisfactory to the Board, may issue a license to an animal control facility to allow the animal control facility to administer:
(1) Drugs needed to sedate, euthanize, or sedate and euthanize animals; and
(2) Rabies vaccines in accordance with § 18-313 of the Health--General Article.
License application
(c)(1)(i) The owner of an animal control facility shall apply for the license.
(ii) The Board shall issue a license in the name of the owner of an animal control facility.
(2) The application shall designate one individual at the facility responsible for the drugs and rabies vaccines.
(3) The annual license fee is $100.
Rejection, suspension, or revocation of license
(d) In accordance with procedures set out in § 2-311 of this subtitle, the Board may:
(1) Reject an application for a license; or
(2) Suspend or revoke a license for failure to comply with the Board's regulations.
Employee training requirements
(e) An animal control facility licensed under this section shall comply with the Board's requirements relating to employee training.
Enforcement of regulations
(f) A member of the Board, or the Board's designated inspector, may enter an animal control facility licensed under this section at any reasonable hour to enforce the Board's regulations.
Regulations
(g) In consultation with the Maryland Department of Health, the Board shall adopt regulations necessary to carry out this section.
Credits
Added by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002. Amended by Acts 2008, c. 697, § 1, eff. May 22, 2008; Acts 2017, c. 62, § 6; Acts 2023, c. 588, § 1, eff. Oct. 1, 2023; Acts 2023, c. 589, § 1, eff. Oct. 1, 2023.
§ 2-305.1. Practice of a health occupation on an animal; expedited process to authorize a veterinary practitioner who holds license in another state to be licensed in Maryland
Practice of a health occupation on an animal
(a)(1) The Board may authorize the practice of a health occupation on an animal by a health care practitioner licensed, certified, or otherwise authorized under the Health Occupations Article.
(2) If the Board authorizes the practice of a health occupation on an animal under paragraph (1) of this subsection, the Board may:
(i) Impose requirements for education, training, and supervision by a veterinary practitioner; and
(ii) Require the registration of each health care practitioner authorized to practice a health occupation on an animal in accordance with this subsection.
Expedited process
(b) The Board shall establish an expedited process to authorize a veterinary practitioner who holds a current, valid license to practice veterinary medicine in another state or jurisdiction to become licensed to practice veterinary medicine in the State.
Credits
Added by Acts 2023, c. 588, § 1, eff. Oct. 1, 2023; Acts 2023, c. 589, § 1, eff. Oct. 1, 2023.
(2) The Board may establish an annual continuing education requirement of at least 12 hours as a condition to any license renewal.
(b) The Board may investigate and determine the acceptability of and approve or disapprove any college or institution for the education and training of students desiring to practice veterinary medicine. It may cancel or revoke approval if the college or institution no longer is deemed satisfactory. However, the approval of the American Veterinary Medical Association of a college or institution is sufficient to qualify the college or institution. Any veterinarian desiring to be licensed to practice veterinary medicine shall have completed the course of study prescribed by an approved college or institution.
Acts 1973, 1st Sp. Sess., c. 6, § 1; Acts 1977, c. 344. Amended by Acts 2009, c. 725, § 1, eff. Oct. 1, 2009.
(a) The Board shall prescribe the subject, character, manner, time, and place for every written examination, and the procedure for filing applications for the examination. It shall conduct the written examination so that the identity of the applicant is not known to the Board until the examination is graded. The Board shall make a written report of every examination and preserve it in the Board office for three years.
(b) An applicant for the examination shall pay a fee set by the Board to the Board secretary at the time he files his application.
(c) The Board shall issue a license to, and annually register, any person who:
(1) Passes the examination,
(2) Is of good moral character, and
(3) Has a diploma from an approved college or institution conferring upon him the degree of Doctor of Veterinary Medicine.
CREDIT(S)
Acts 1973, 1st Sp. Sess., c. 6, § 1; Acts 1980, c. 87; Acts 1990, c. 272.
(a) In order to enforce this subtitle and aid in the prosecution of any violation, every licensee who practices veterinary medicine in the State shall register annually with the Board.
(b) Every licensee annually shall pay the Board a registration fee set by the Board for the privilege of continuing his license.
CREDIT(S)
Acts 1973, 1st Sp. Sess., c. 6, § 1; Acts 1990, c. 272; Acts 1999, c. 61, § 1, eff. Oct. 1, 1999.
§ 2-307.1. Mental or physical examinations
In general
(a) In reviewing an application for licensure of a veterinarian or in investigating any matter brought against a veterinary practitioner, the Board may direct the applicant, veterinarian, or veterinary practitioner to submit to a mental or physical examination when the Board has reasonable evidence indicating the inability of that individual to practice veterinary medicine competently.
Consent to examination
(b) In return for the privilege given by the State in issuing a license or registration, the applicant, veterinarian, or veterinary practitioner is deemed to have:
(1) Consented to submit to an examination under this section if directed by the Board in writing; and
(2) Waived any claim of privilege as to the examination report or testimony regarding the report.
Report or testimony confidential
(c) The report or testimony of an examining physician or other person designated by the Board is confidential except as to contested case proceedings as defined by the Administrative Procedure Act.
Failure or refusal to submit to examination
(d) The unreasonable failure or refusal of an applicant, a veterinarian, or a veterinary practitioner to submit to an examination is prima facie evidence of the applicant's, veterinarian's, or veterinary practitioner's inability to practice veterinary medicine competently unless the Board finds that the failure or refusal was beyond the control of the applicant, veterinarian, or veterinary practitioner.
Cost of examination
(e) The Board shall pay the reasonable cost of any examination made under this section.
CREDIT(S)
Added by Acts 2011, c. 185, § 1, eff. Oct. 1, 2011.
§ 2-309. Veterinary technicians
(a) A person may register with the Board as a veterinary technician.
(b)(1) There is a Veterinary Technician Committee under the Board's jurisdiction. The Committee consists of 7 members who are appointed by the Board, subject to the approval of the Secretary. The Board shall determine the qualifications and term of each member.
(2) Each member of the Committee may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.
(c) The Committee, subject to the Board's approval shall:
(1) Evaluate, examine, and determine the qualifications for applicants for registration as a veterinary technician;
(2) Recommend to the Board the subject, scope, form, date, time, and location for each examination;
(3) Establish continuing education requirements for veterinary technicians;
(4) Define the duties and responsibilities of registered veterinary technicians;
(5) Recommend to the Board reasonable rules and regulations to carry out the provisions of this section; and
(6) Generally assist the Board in registering and regulating veterinary technicians.
(d) To apply for registration, an applicant shall:
(1) Submit an application to the Board on the form the Board requires; and
(2) Pay to the Board an application fee set by the Board.
(e) The Board shall register any applicant who:
(1) Meets the requirements of this section;
(2) Meets the Board's educational requirements;
(3) Passes a Board approved examination;
(4) Is of good moral character; and
(5) Is at least 18 years old.
(f) A registration is issued for a term of 3 years and expires on June 30 of the third year after the date issued unless the registration is renewed as provided in this section.
(g) The Board shall renew the registration of any applicant for an additional 3-year term if the applicant:
(1) Submits a renewal application on the form that the Board requires;
(2) Pays to the Board a renewal fee set by the Board;
(3) Complies with the Board's continuing education requirements; and
(4) Otherwise is entitled to be registered.
(h) In accordance with the hearing provisions of § 2-311 of this subtitle, the Board may refuse to register an applicant, suspend or revoke the registration, or reprimand and censure, or place on probation any veterinary technician, if the veterinary technician:
(1) Practices veterinary medicine except as permitted under this subtitle;
(2) Fraudulently or deceptively obtains a registration;
(3) Is professionally, physically, or mentally incompetent;
(4) Is convicted of a felony or a crime involving moral turpitude;
(5) Is convicted of a violation of any federal or State law relating to narcotic drugs;
(6) Is grossly negligent or deliberately cruel to an animal;
(7) Violates any provisions of this subtitle; or
(8) Is determined by the Board to be incompetent as a veterinary technician.
CREDIT(S)
Acts 1984, c. 640; Acts 1990, c. 272.
[FN1] COMAR 23.02.01.01 et seq.
§ 2-310. Ethics and enforcement
The Board may refuse, suspend, or revoke any application or license, and censure or place on probation any licensee after a hearing, if the veterinarian or veterinary practitioner:
(1) Is unable to practice veterinary medicine competently due to a physical or mental disability;
(2) Is convicted of a violation of any federal or State law relating to prescription drugs, a controlled dangerous substance under Title 5, Subtitle 4 of the Criminal Law Article, or a controlled substance as defined by 21 U.S.C. § 812;
(3) Is convicted of a felony, or of a crime involving moral turpitude;
(4) Is convicted of violating any provision of this subtitle, any unlawful or fraudulent practice, or any fraudulent, misleading, or deceptive representation or advertising concerning his professional qualifications or the quality of materials or drugs used by him in his professional work or in the treatment of animals;
(5) Has a final judgment entered against him in a civil malpractice case involving gross personal negligence;
(6) Obtains the license by fraud or misrepresentation, either in the application, or in passing the examination;
(7) Is guilty of employing or permitting to practice veterinary medicine any person who does not hold a license to practice veterinary medicine in the State;
(8) Fails to comply with Board rules or regulations after receiving a license;
(9) Is grossly negligent or deliberately cruel to an animal;
(10) Is determined by four members to be professionally incompetent as a veterinary practitioner;
(11) Is disciplined by a licensing authority of another state, including the suspension or revocation of a license to practice veterinary medicine, for an act that would be grounds for disciplinary action under this section;
(12) Fails to comply with animal cruelty or animal fighting reporting requirements under § 2-313.1 of this subtitle; or
(13) Willfully violates the cat declawing prohibition under § 2-313.3 of this subtitle.
Credits
Added by Acts 1973, 1st Sp. Sess., c. 6, § 1. Amended by Acts 1974, c. 177, § 1; Acts 1984, c. 255; Acts 1995, c. 70, § 1, eff. Oct. 1, 1995; Acts 1998, c. 76, § 1, eff. Oct. 10, 1998; Acts 2002, c. 193, § 1, eff. Oct. 1, 2002; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2011, c. 185, § 1, eff. Oct. 1, 2011; Acts 2017, c. 417, § 1, eff. Oct. 1, 2017; Acts 2022, c. 178, § 1, eff. Oct. 1, 2022; Acts 2022, c. 179, § 1, eff. Oct. 1, 2022.
In lieu of or in addition to suspension of license
(a) In lieu of or in addition to suspension of the license, the Board may impose a penalty of not more than $5,000 for a first offense.
In addition to revocation of license
(b) In addition to revocation of the license, the Board may impose a penalty of not more than $5,000 for a first offense.
Second or subsequent offenses
(c) In addition to suspension or revocation of the license, the Board may impose a penalty of not more than $10,000 for a second or subsequent offense.
Penalties paid to General Fund
(d) Penalties collected by the Board under this section shall be paid into the General Fund of the State.
Rules and regulations
(e) The Board shall establish such rules and regulations as are necessary to carry out the provisions of this section.
Credits
Added by Acts 1980, c. 428. Amended by Acts 1985, c. 717, § 1; Acts 2010, c. 30, § 1, eff. Oct. 1, 2010; Acts 2022, c. 178, § 1, eff. Oct. 1, 2022; Acts 2022, c. 179, § 1, eff. Oct. 1, 2022.
§ 2-311. Suspension or revocation procedures
(a) Before any license is suspended or revoked, the Board shall give the licensee at least ten days written notice of the time and place of the hearing. Notice shall be given by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, addressed to the post-office address shown on the annual registration or in other information the Board possesses.
(b) A copy of the charges shall be furnished the licensee and he shall be afforded an opportunity to be heard personally and to be represented by counsel before the Board. The licensee shall have the opportunity to confront witnesses against him.
(c) Every witness at the hearing shall testify under oath. The chairman or any member may administer the oath. The Board may compel the attendance of witnesses by subpoena.
(d) The Board shall report its action in writing, stating the reasons for the action. A copy shall be delivered or mailed to the person against whom the complaint is made.
(e) The licensee may appeal to the circuit court of the county where the licensee has an office. The court shall hear and determine all matters connected with the action of the Board from which appeal is taken in accordance with the Administrative Procedure Act. [FN1]
(f) The licensee and the Board may appeal from the decision of the circuit court to the Court of Special Appeals, subject to the time and manner provided for the taking of an appeal to this Court.
[FN1] State Government § 10-101 et seq.
CREDIT(S)
Acts 1973, 1st Sp. Sess., c. 6, § 1; Acts 1976, c. 472, § 28; Acts 1982, c. 820, § 3; Acts 1983, c. 563; Acts 1984, c. 168.
§ 2-312. Licenses after revocation
At any time within two years from the date of revocation of any license, the Board, by the affirmative vote of four members, may issue without examination a new license to any person whose license was revoked. After the expiration of two years, the person may obtain a license only by compliance with the same requirements which are imposed by this subtitle on other license applicants.
CREDIT(S)
Acts 1973, 1st Sp. Sess., c. 6, § 1.
Requirements to practice
(a)(1) This subsection does not apply to an act or omission in giving emergency veterinary aid, care, or assistance for which a person may not be held civilly liable under § 5-614 of the Courts Article.
(2) A person may not:
(i) Practice veterinary medicine unless the person is licensed, registered, and authorized to engage in the practice under the provisions of this subtitle;
(ii) Practice veterinary medicine under a name other than the one on the person's license and registration, or induce any person to so practice in violation of this subtitle;
(iii) Practice veterinary medicine unless the person's license and registration are displayed in the person's regularly established office and place of practice;
(iv) Own, maintain, conduct, operate, or manage a veterinary office, veterinary dental office, veterinary hospital, or a dog, cat, or animal hospital, unless :
1. The person is a licensed veterinarian; or
2. The office or hospital is under the direct supervision and control of a licensed and registered veterinarian and a licensed or registered veterinarian is employed in the office or hospital;
(v) Advertise any veterinary office, veterinary dental office, veterinary hospital, or a dog, cat, or animal hospital except in accordance with the rules and regulations of the Board;
(vi) Except as provided in subsections (b) and (c) of this section, practice veterinary medicine and sell or dispense any medication, which is not in the original manufacturer's container;
(vii) Advertise as a Board registered veterinary technician unless registered with the Board as required by this subtitle; or
(viii) Practice as a veterinary technician unless employed by a veterinary practitioner.
Requirements for selling or dispensing medication not in original manufacturer’s container
(b) A person may practice veterinary medicine and sell or dispense medication that is not in the original manufacturer's container if:
(1) The medication is for use by a nonfarm animal as defined in regulations adopted by the Board; and
(2) The person affixes to the container in which the medication is sold or dispensed, a label clearly showing the brand, generic or chemical name and strength, if indicated, of the medication, the type of nonfarm animal for which the medication is designated, and the owner's last name.
Requirements for dispensing compounded nonsterile or compounded sterile preparations
(c) A licensed veterinarian may dispense compounded nonsterile preparations or compounded sterile preparations if:
(1) The compounded nonsterile preparations or compounded sterile preparations are to be used for a nonfarm animal as defined by regulations adopted by the Board that are consistent with State and federal law;
(2) The nonfarm animal is a patient of the licensed veterinarian;
(3) The quantity of the compounded nonsterile preparations or compounded sterile preparations dispensed does not exceed a 7-day supply;
(4) The licensed veterinarian determines that timely access to a compounding pharmacy is not available and that the compounded nonsterile preparations or compounded sterile preparations are not otherwise commercially available;
(5) The compounded nonsterile preparations or compounded sterile preparations are provided to the licensed veterinarian by a pharmacist in accordance with § 12-510 of the Health Occupations Article; and
(6) The compounded nonsterile preparations or compounded sterile preparations are dispensed in a container with a label clearly showing:
(i) The brand, generic or chemical name and strength, if indicated, of the compounded nonsterile preparations or compounded sterile preparations, the type of nonfarm animal for which the compounded nonsterile preparations or compounded sterile preparations are designated, and the owner's last name; and
(ii) The dispensing date and the expiration date of the compounded nonsterile preparations or compounded sterile preparations.
Credits
Acts 1973, 1st Sp. Sess., c. 6, § 1; Acts 1974, c. 75; Acts 1984, c. 255, 640; Acts 1985, c. 10, § 3. Amended by Acts 2016, c. 687, § 1, eff. Oct. 1, 2016; Acts 2016, c. 688, § 1, eff. Oct. 1, 2016; Acts 2017, c. 411, § 1, eff. Oct. 1, 2017; Acts 2017, c. 412, § 1, eff. Oct. 1, 2017.
Formerly Art. 43, § 155.
§ 2-313.1. Mandated reporting of suspected case of animal cruelty or fighting
(a) A veterinary practitioner who has reason to believe that an animal that has been treated by the veterinary practitioner has been subjected to cruelty or fighting in violation of § 10-604, § 10-606, § 10-607, or § 10-608 of the Criminal Law Article shall report the suspected animal cruelty or animal fighting to the appropriate law enforcement agency or county animal control agency in a timely manner.
Report requirements
(b) A veterinary practitioner who makes a report under subsection (a) of this section shall include in the report:
(1) The name, age, and location of the animal;
(2) The name and home address of the owner or custodian of the animal;
(3) The nature and extent of the suspected animal cruelty or animal fighting, including any evidence or information available to the veterinary practitioner concerning possible previous instances of animal cruelty or animal fighting; and
(4) Any other information that would help determine:
(i) The cause of the suspected animal cruelty or animal fighting; and
(ii) The identity of any individual responsible for the suspected animal cruelty or animal fighting.
Immunity
(c) A veterinary practitioner who reports in good faith suspected animal cruelty or animal fighting or participates in an investigation of suspected animal cruelty or animal fighting is immune from:
(1) Civil liability that results from the report or participation in the investigation; or
(2) Criminal prosecution for the report or participation in the investigation.
Regulations
(d) The Board shall adopt regulations establishing:
(1) Confidentiality procedures for protecting the identity of the veterinary practitioner making a report under this section;
(2) Confidentiality procedures for protecting the substance of a report made under this section and any records associated with the report; and
(3) Conditions under which the substance of a report may be disclosed.
Credits
Added by Acts 2017, c. 417, § 1, eff. Oct. 1, 2017. Amended by Acts 2018, c. 12, § 1, eff. April 5, 2018.
§ 2-313.2. Issuance of cease and desist orders or imposition of civil penalties
Cease and desist order
(a) Subject to subsection (b) of this section and on review and approval of the Secretary or the Secretary's designee, the Board may issue a cease and desist order against a person who:
(1) Practices, attempts to practice, or offers to practice veterinary medicine in violation of § 2-313(a) of this subtitle; or
(2) Takes an action:
(i) For which the Board determines there is a preponderance of evidence of grounds for discipline under § 2-310 or § 2-313 of this subtitle; or
(ii) That poses a serious risk to the health, safety, and welfare of an animal patient.
Civil penalty
(b)(1) In lieu of a cease and desist order under subsection (a) of this section, the Board may impose a civil penalty not exceeding:
(i) $5,000 for a first offense; and
(ii) $10,000 for a second or subsequent offense.
(2) In setting the amount of a civil penalty, the Board shall consider:
(i) The seriousness of the violation;
(ii) The harm caused by the violation;
(iii) The good faith of the violator;
(iv) Any history of previous violations by the violator; and
(v) Any other relevant factors.
(3) Before a civil penalty is imposed under this subsection, the Board shall provide to the person on whom the civil penalty will be imposed notice of the alleged violation and an opportunity for a hearing.
Review of order or penalty under Administrative Procedure Act
(c) A person against whom a cease and desist order is issued or a civil penalty is imposed under this section may seek review of the order or penalty under the Administrative Procedure Act.
Cease and desist order or a civil penalty in addition to other disciplinary actions
(d) An action for a cease and desist order or a civil penalty imposed under this section is in addition to, and not instead of, disciplinary actions authorized under § 2-310 of this subtitle or an action for injunctive relief under § 2-315 of this subtitle.
Regulations
(e)(1) The Board shall adopt regulations to carry out the provisions of this section, including hearing procedures and sanctions for violations of a cease and desist order.
(2) The sanctions established by regulations adopted under paragraph (1) of this subsection may include a civil penalty consistent with subsection (b) of this section.
Distribution of funds from penalties
(f) The Board shall pay any penalty collected under this section into the General Fund of the State.
Credits
Added by Acts 2020, c. 243, § 1, eff. Oct. 1, 2020; Acts 2020, c. 244, § 1, eff. Oct. 1, 2020.
§ 2-313.3. Declawing procedure on cat prohibited
In general
(a) Except as provided in subsection (b) of this section, a veterinary practitioner may not perform a declawing procedure on a cat.
Exceptions
(b) A veterinary practitioner may perform a declawing procedure on a cat if the procedure is necessary for a therapeutic purpose.
Credits
Added by Acts 2022, c. 178, § 1, eff. Oct. 1, 2022; Acts 2022, c. 179, § 1, eff. Oct. 1, 2022.
§ 2-314. Good samaritan immunity
A person licensed by the State of Maryland to provide veterinary care, a student of veterinary medicine who works under the responsible direct supervision of a veterinary practitioner as defined by § 2-301(c) of this subtitle, or a veterinary technician registered by the State under § 2-309 of this subtitle shall have the immunity from liability described under § 5-614 of the Courts and Judicial Proceedings Article.
Credits
Acts 1977, c. 207; Acts 1990, c. 546, § 3; Acts 1997, c. 14, § 20, eff. April 8, 1997. Amended by Acts 2009, c. 20, § 1, eff. Oct. 1, 2009; Acts 2017, c. 411, § 1, eff. Oct. 1, 2017; Acts 2017, c. 412, § 1, eff. Oct. 1, 2017.
(a) The Board may bring an action for an injunction against a person who violates any provision of this subtitle.
(b) An action for an injunction under this section is in addition to, and not instead of, disciplinary actions taken under § 2-310 of this subtitle or the imposition of civil penalties under § 2-310.1 of this subtitle.
CREDIT(S)
Acts 1988, c. 184, § 2.
§ 2-316. Expiration of subtitle
The provisions of this subtitle creating the State Board of Veterinary Medical Examiners and relating to the regulation of veterinarians and any regulations promulgated under this subtitle are of no effect and may not be enforced after July 1, 2031.
Credits
Acts 1978, c. 808, § 1; Acts 1980, c. 548; Acts 1982, c. 519, § 3; Acts 1988, c. 184, § 1; Acts 1990, c. 272; Acts 1999, c. 531, § 1, eff. Oct. 1, 1999. Amended by Acts 2009, c. 123, § 1, eff. July 1, 2009; Acts 2020, c. 249, § 1, eff. Oct. 1, 2020.