EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0022*
HOUSE BILL 22
M4, E1 2lr0604
HB 445/20 – ENT (PRE–FILED) CF SB 67
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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2022
CHAPTER ______
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 4
authorizing the State Board of Veterinary Medical Examiners to impose certain 5
disciplinary actions on a veterinary practitioner for failure to comply with willful 6
violations of a certain prohibition; prohibiting a person from performing certain 7
declawing procedures on a cat; and generally relating to declawing procedures 8
performed on cats. 9
BY repealing and reenacting, without amendments, 10
Article – Agriculture 11
Section 2–301(a) and 2–310.1 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2021 Supplement) 14
BY adding to 15
Article – Agriculture 16
Section 2–301(b–4) and (g–1) and 2–313.3 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Agriculture 21 2 HOUSE BILL 22
Section 2–310 1
Annotated Code of Maryland 2
(2016 Replacement Volume and 2021 Supplement) 3
BY adding to 4
Article – Criminal Law 5
Section 10–625.1 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2021 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Agriculture 11
2–301. 12
(a) In this subtitle the following words have the meanings indicated. 13
(B–4) (1) “DECLAWING PROCEDURE ” MEANS: 14
(I) AN ONYCHECTOMY , A DACTYLECTOMY , A PHALANGECTOMY , 15
OR ANY OTHER PROCEDU RE THAT REMOVES A PO RTION OF THE PAW OR DIGIT OF AN 16
ANIMAL IN ORDER TO R EMOVE A CLAW ; 17
(II) A TENDONECTOMY OR ANY OTHER PROCEDURE THAT CUTS 18
OR MODIFIES THE TEND ON OF THE LIMB, PAW, OR DIGIT OF AN ANIMAL I N ORDER TO 19
PROHIBIT THE EXTENSI ON OF A CLAW; OR 20
(III) ANY PROCEDURE THAT PR EVENTS THE NORMAL 21
FUNCTIONING OF ONE O R MORE CLAWS OF AN A NIMAL. 22
(2) “DECLAWING PROCEDURE ” DOES NOT INCLUDE NAI L FILING, 23
NAIL TRIMMING , OR THE PLACEMENT OF TEMPORARY NAIL CA PS ON ONE OR MORE 24
CLAWS OF AN ANIMAL . 25
(G–1) (1) “THERAPEUTIC PURPOSE ” MEANS TO ADDRESS A P HYSICAL OR 26
MEDICAL CONDITION TH AT COMPROMISES THE H EALTH OR WELL –BEING OF AN 27
ANIMAL. 28
(2) “THERAPEUTIC PURPOSE ” DOES NOT INCLUDE COS METIC OR 29
AESTHETIC REASONS OR REASONS OF CONVENIEN CE IN THE KEEPING OR HANDLING 30
OF THE ANIMAL. 31
2–310. 32 HOUSE BILL 22 3
(A) The Board may refuse, suspend, or revoke any application or license, and 1
censure or place on probation any licensee after a hearing, if the veterinarian or veterinary 2
practitioner: 3
(1) Is unable to practice veterinary medicine competently due to a physical 4
or mental disability; 5
(2) Is convicted of a violation of any federal or State law relating to 6
prescription drugs, a controlled dangerous substance under Title 5, Subtitle 4 of the 7
Criminal Law Article, or a controlled substance as defined by 21 U.S.C. § 812; 8
(3) Is convicted of a felony, or of a crime involving moral turpitude; 9
(4) Is convicted of violating any provision of this subtitle, any unlawful or 10
fraudulent practice, or any fraudulent, misleading, or deceptive representation or 11
advertising concerning his professional qualifications or the quality of materials or drugs 12
used by him in his professional work or in the treatment of animals; 13
(5) Has a final judgment entered against him in a civil malpractice case 14
involving gross personal negligence; 15
(6) Obtains the license by fraud or misrepresentation, either in the 16
application, or in passing the examination; 17
(7) Is guilty of employing or permitting to practice veterinary medicine any 18
person who does not hold a license to practice veterinary medicine in the State; 19
(8) Fails to comply with Board rules or regulations after receiving a license; 20
(9) Is grossly negligent or deliberately cruel to an animal; 21
(10) Is determined by four members to be professionally incompetent as a 22
veterinary practitioner; 23
(11) Is disciplined by a licensing authority of another state, including the 24
suspension or revocation of a license to practice veterinary medicine, for an act that would 25
be grounds for disciplinary action under this section; or 26
(12) Fails to comply with animal cruelty or animal fighting reporting 27
requirements under § 2–313.1 of this subtitle; OR 28
(13) WILLFULLY VIOLATES TH E CAT DECLAWING PROHIBITIO N UNDER 29
§ 2–313.3 OF THIS SUBTITLE . 30
4 HOUSE BILL 22
(B) THE BOARD SHALL REFUSE , SUSPEND, OR REVOKE ANY APPLIC ATION 1
OR LICENSE, AND CENSURE OR PLACE ON PROBATION ANY LIC ENSEE AFTER A 2
HEARING, IF THE VETERINARIAN OR VETERINARY PRACTI TIONER FAILS TO COM PLY 3
WITH THE CAT DECLAWI NG PROHIBITION UNDER § 2–313.3 OF THIS SUBTITLE. 4
2–310.1. 5
(a) In lieu of or in addition to suspension of the license, the Board may impose a 6
penalty of not more than $5,000 for a first offense. 7
(b) In addition to revocation of the license, the Board may impose a penalty of not 8
more than $5,000 for a first offense. 9
(c) In addition to suspension or revocation of the license, the Board may impose 10
a penalty of not more than $10,000 for a second or subsequent offense. 11
(d) Penalties collected by the Board under this section shall be paid into the 12
General Fund of the State. 13
(e) The Board shall establish such rules and regulations as are necessary to carry 14
out the provisions of this section. 15
2–313.3. 16
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 17
VETERINARY PRACTITIO NER MAY NOT PERFORM A DECLAWING PROCEDUR E ON A 18
CAT. 19
(B) A VETERINARY PRACTITIO NER MAY PERFORM A DE CLAWING 20
PROCEDURE ON A CAT I F THE PROCEDURE IS N ECESSARY FOR A THERA PEUTIC 21
PURPOSE. 22
Article – Criminal Law 23
10–625.1. 24
(A) IN THIS SECTION , “DECLAWING PROCEDURE ” HAS THE MEANING 25
STATED IN § 2–301 OF THE AGRICULTURE ARTICLE. 26
(B) EXCEPT AS PROVIDED IN § 2–313.3 OF THE AGRICULTURE ARTICLE, A 27
PERSON MAY NOT PERFO RM A DECLAWING PROCE DURE ON A CAT. 28
(C) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 29
HOUSE BILL 22 5
(2) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO A FINE 1
NOT EXCEEDING $1,000. 2
(3) THE PROVISIONS OF THI S SECTION MAY BE ENF ORCED BY: 3
(I) ANY STATE OR LOCAL LAW EN FORCEMENT OFFICER ; OR 4
(II) THE LOCAL ANIMAL CON TROL AUTHORITY FOR T HE 5
JURISDICTION WHERE T HE VIOLATION OCCURS . 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2022. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.