LAWRENCE J. HOGAN, JR., Governor Ch. 178
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Chapter 178
(House Bill 22)
AN ACT concerning
Animal Welfare – Declawing Cats – Prohibited Acts
FOR the purpose of prohibiting a veterinary practitioner, except under certain
circumstances, from performing certain declawing procedures on a cat; requiring
authorizing the State Board of Veterinary Medical Examiners to impose certain
disciplinary actions on a veterinary practitioner for failure to comply with willful
violations of a certain prohibition; prohibiting a person from performing certain
declawing procedures on a cat; and generally relating to declawing procedures
performed on cats.
BY repealing and reenacting, without amendments,
Article – Agriculture
Section 2–301(a) and 2–310.1
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY adding to
Article – Agriculture
Section 2–301(b–4) and (g–1) and 2–313.3
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Agriculture
Section 2–310
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY adding to
Article – Criminal Law
Section 10–625.1
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Agriculture
2–301.
Ch. 178 2022 LAWS OF MARYLAND
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(a) In this subtitle the following words have the meanings indicated.
(B–4) (1) “DECLAWING PROCEDURE ” MEANS:
(I) AN ONYCHECTOMY , A DACTYLECTOMY , A PHALANGECTOMY ,
OR ANY OTHER PROCEDU RE THAT REMOVES A PO RTION OF THE PAW OR DIGIT OF AN
ANIMAL IN ORDER TO R EMOVE A CLAW;
(II) A TENDONECTOMY OR ANY OTHER PROCEDURE THAT CUTS
OR MODIFIES THE TEND ON OF THE LIMB, PAW, OR DIGIT OF AN ANIMA L IN ORDER TO
PROHIBIT THE EXTENSI ON OF A CLAW; OR
(III) ANY PROCEDURE THAT PR EVENTS THE NORMAL
FUNCTIONING OF ONE O R MORE CLAWS OF AN ANIMAL .
(2) “DECLAWING PROCEDURE ” DOES NOT INCLUDE NAI L FILING,
NAIL TRIMMING , OR THE PLACEMENT OF TEMPORARY NAIL CAPS ON ONE OR MORE
CLAWS OF AN ANIMAL .
(G–1) (1) “THERAPEUTIC PURPOSE ” MEANS TO ADDRESS A P HYSICAL OR
MEDICAL CONDITION TH AT COMPROMISES THE H EALTH OR WELL –BEING OF AN
ANIMAL.
(2) “THERAPEUTIC PURPOSE ” DOES NOT INCLUDE COS METIC OR
AESTHETIC REASONS OR REASONS OF CONVENIEN CE IN THE KEEPING OR HANDLING
OF THE ANIMAL.
2–310.
(A) 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 LAWRENCE J. HOGAN, JR., Governor Ch. 178
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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; or
(12) Fails to comply with animal cruelty or animal fighting reporting
requirements under § 2–313.1 of this subtitle; OR
(13) WILLFULLY VIOLATES TH E CAT DECLAWING PROH IBITION UNDER
§ 2–313.3 OF THIS SUBTITLE .
(B) THE BOARD SHALL REFUSE , SUSPEND, OR REVOKE ANY APPLIC ATION
OR LICENSE, AND CENSURE OR PLACE ON PROBATION ANY LIC ENSEE AFTER A
HEARING, IF THE VETERINARIAN OR VETERINARY PRACTI TIONER FAILS TO COMP LY
WITH THE CAT DECLAWI NG PROHIBITION UNDER § 2–313.3 OF THIS SUBTITLE.
2–310.1.
(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.
(b) In addition to revocation of the license, the Board may impose a penalty of not
more than $5,000 for a first offense.
(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.
Ch. 178 2022 LAWS OF MARYLAND
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(d) Penalties collected by the Board under this section shall be paid into the
General Fund of the State.
(e) The Board shall establish such rules and regulations as are necessary to carry
out the provisions of this section.
2–313.3.
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A
VETERINARY PRACTITIO NER MAY NOT PERFORM A DECLAWING PROCEDUR E ON A
CAT.
(B) A VETERINARY PRACTITIONER MAY PER FORM A DECLAWING
PROCEDURE ON A CAT I F THE PROCEDURE IS N ECESSARY FOR A THERA PEUTIC
PURPOSE.
Article – Criminal Law
10–625.1.
(A) IN THIS SECTION , “DECLAWING PROCEDURE ” HAS THE MEANING
STATED IN § 2–301 OF THE AGRICULTURE ARTICLE.
(B) EXCEPT AS PROVIDED IN § 2–313.3 OF THE AGRICULTURE ARTICLE, A
PERSON MAY NOT PERFO RM A DECLAWING PROCE DURE ON A CAT.
(C) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE.
(2) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO A FINE
NOT EXCEEDING $1,000.
(3) THE PROVISIONS OF THI S SECTION MAY BE ENF ORCED BY:
(I) ANY STATE OR LOCAL LAW EN FORCEMENT OFFICER ; OR
(II) THE LOCAL ANIMAL CON TROL AUTHORITY FOR T HE
JURISDICTION WHERE T HE VIOLATION OCCURS .
SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act shall take effect
October 1, 2022.
Approved by the Governor, April 21, 2022.