EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0022*
HOUSE BILL 22
M4, E1 2lr0604
HB 445/20 – ENT (PRE–FILED) CF 2lr0636
By: Delegates Charkoudian, Belcastro, Boyce, R. Lewis, Ruth, and Terrasa
Requested: September 30, 2021
Introduced and read first time: January 12, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Animal Welfare – Declawing Cats – Prohibited Acts 2
FOR the purpose of prohibiting a veterinary practitioner, except under certain 3
circumstances, from performing certain declawing procedures on a cat; requiring the 4
State Board of Veterinary Medical Examiners to impose certain disciplinary actions 5
on a veterinary practitioner for failure to comply with a certain prohibition; 6
prohibiting a person from performing certain declawing procedures on a cat; and 7
generally relating to declawing procedures performed on cats. 8
BY repealing and reenacting, without amendments, 9
Article – Agriculture 10
Section 2–301(a) and 2–310.1 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Agriculture 15
Section 2–301(b–4) and (g–1) and 2–313.3 16
Annotated Code of Maryland 17
(2016 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Agriculture 20
Section 2–310 21
Annotated Code of Maryland 22
(2016 Replacement Volume and 2021 Supplement) 23
BY adding to 24
Article – Criminal Law 25
Section 10–625.1 26 2 HOUSE BILL 22
Annotated Code of Maryland 1
(2021 Replacement Volume and 2021 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Agriculture 5
2–301. 6
(a) In this subtitle the following words have the meanings indicated. 7
(B–4) (1) “DECLAWING PROCEDURE ” MEANS: 8
(I) AN ONYCHECTOMY , A DACTYLECTOMY , A PHALANGECTOMY , 9
OR ANY OTHER PROCEDU RE THAT REMOVES A PO RTION OF THE PAW OR DIGIT OF AN 10
ANIMAL IN ORDER TO R EMOVE A CLAW ; 11
(II) A TENDONECTOMY OR ANY OTHER PROCEDURE THAT CUTS 12
OR MODIFIES THE TEND ON OF THE LIMB, PAW, OR DIGIT OF AN ANIMA L IN ORDER TO 13
PROHIBIT THE EXTENSI ON OF A CLAW; OR 14
(III) ANY PROCEDURE THAT PR EVENTS THE NORMAL 15
FUNCTIONING OF ONE O R MORE CLAWS OF AN A NIMAL. 16
(2) “DECLAWING PROCEDURE ” DOES NOT INCLUDE NAI L FILING, 17
NAIL TRIMMING , OR THE PLACEMENT OF TEMPORARY NAIL CAPS ON ONE OR MORE 18
CLAWS OF AN ANIMAL . 19
(G–1) (1) “THERAPEUTIC PURPOSE ” MEANS TO ADDRESS A P HYSICAL OR 20
MEDICAL CONDITION TH AT COMPROMISES THE H EALTH OR WELL –BEING OF AN 21
ANIMAL. 22
(2) “THERAPEUTIC PURPOSE ” DOES NOT INCLUDE COS METIC OR 23
AESTHETIC REASONS OR REASONS OF CONVENIEN CE IN THE KEEPING OR HANDLING 24
OF THE ANIMAL. 25
2–310. 26
(A) The Board may refuse, suspend, or revoke any application or license, and 27
censure or place on probation any licensee after a hearing, if the veterinarian or veterinary 28
practitioner: 29
(1) Is unable to practice veterinary medicine competently due to a physical 30
or mental disability; 31 HOUSE BILL 22 3
(2) Is convicted of a violation of any federal or State law relating to 1
prescription drugs, a controlled dangerous substance under Title 5, Subtitle 4 of the 2
Criminal Law Article, or a controlled substance as defined by 21 U.S.C. § 812; 3
(3) Is convicted of a felony, or of a crime involving moral turpitude; 4
(4) Is convicted of violating any provision of this subtitle, any unlawful or 5
fraudulent practice, or any fraudulent, misleading, or deceptive representation or 6
advertising concerning his professional qualifications or the quality of materials or drugs 7
used by him in his professional work or in the treatment of animals; 8
(5) Has a final judgment entered against him in a civil malpractice case 9
involving gross personal negligence; 10
(6) Obtains the license by fraud or misrepresentation, either in the 11
application, or in passing the examination; 12
(7) Is guilty of employing or permitting to practice veterinary medicine any 13
person who does not hold a license to practice veterinary medicine in the State; 14
(8) Fails to comply with Board rules or regulations after receiving a license; 15
(9) Is grossly negligent or deliberately cruel to an animal; 16
(10) Is determined by four members to be professionally incompetent as a 17
veterinary practitioner; 18
(11) Is disciplined by a licensing authority of another state, including the 19
suspension or revocation of a license to practice veterinary medicine, for an act that would 20
be grounds for disciplinary action under this section; or 21
(12) Fails to comply with animal cruelty or animal fighting reporting 22
requirements under § 2–313.1 of this subtitle. 23
(B) THE BOARD SHALL REFUSE , SUSPEND, OR REVOKE ANY APPLIC ATION 24
OR LICENSE, AND CENSURE OR PLACE ON PROBATION ANY LIC ENSEE AFTER A 25
HEARING, IF THE VETERINARIAN OR VETERINARY PRACTI TIONER FAILS TO COMP LY 26
WITH THE CAT D ECLAWING PROHIBITION UNDER § 2–313.3 OF THIS SUBTITLE. 27
2–310.1. 28
(a) In lieu of or in addition to suspension of the license, the Board may impose a 29
penalty of not more than $5,000 for a first offense. 30
(b) In addition to revocation of the license, the Board may impose a penalty of not 31
more than $5,000 for a first offense. 32 4 HOUSE BILL 22
(c) In addition to suspension or revocation of the license, the Board may impose 1
a penalty of not more than $10,000 for a second or subsequent offense. 2
(d) Penalties collected by the Board under this section shall be paid into the 3
General Fund of the State. 4
(e) The Board shall establish such rules and regulations as are necessary to carry 5
out the provisions of this section. 6
2–313.3. 7
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A 8
VETERINARY PRACTITIO NER MAY NOT PERFORM A DECLAWING PROCEDUR E ON A 9
CAT. 10
(B) A VETERINARY PRACTITIO NER MAY PERFORM A DE CLAWING 11
PROCEDURE ON A CAT I F THE PROCEDURE IS N ECESSARY FOR A THERA PEUTIC 12
PURPOSE. 13
Article – Criminal Law 14
10–625.1. 15
(A) IN THIS SECTION , “DECLAWING PROCEDURE ” HAS THE MEANING 16
STATED IN § 2–301 OF THE AGRICULTURE ARTICLE. 17
(B) EXCEPT AS PROVIDED IN § 2–313.3 OF THE AGRICULTURE ARTICLE, A 18
PERSON MAY NOT PERFO RM A DECLAWING PROCE DURE ON A CAT. 19
(C) (1) A VIOLATION OF THIS SECTION IS A CIVIL OFFENSE. 20
(2) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO A FINE 21
NOT EXCEEDING $1,000. 22
(3) THE PROVISIONS OF THI S SECTION MAY BE ENF ORCED BY: 23
(I) ANY STATE OR LOCAL LAW EN FORCEMENT OFFICER ; OR 24
(II) THE LOCAL ANIMAL CONTROL AUTHORITY FO R THE 25
JURISDICTION WHERE T HE VIOLATION OCCURS . 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2022. 28