MD
Maryland House Bill HB22

Maryland 2022 Regular Session

Maryland House Bill HB22 Compare Versions

OldNewDifferences
1- LAWRENCE J. HOGAN, JR., Governor Ch. 178
21
3-– 1 –
4-Chapter 178
5-(House Bill 22)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0022*
89
9-Animal Welfare – Declawing Cats – Prohibited Acts
10+HOUSE BILL 22
11+M4, E1 2lr0604
12+HB 445/20 – ENT (PRE–FILED) CF SB 67
13+By: Delegates Charkoudian, Belcastro, Boyce, R. Lewis, Ruth, and Terrasa
14+Requested: September 30, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Environment and Transportation
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: March 2, 2022
1020
11-FOR the purpose of prohibiting a veterinary practitioner, except under certain
12-circumstances, from performing certain declawing procedures on a cat; requiring
13-authorizing the State Board of Veterinary Medical Examiners to impose certain
14-disciplinary actions on a veterinary practitioner for failure to comply with willful
15-violations of a certain prohibition; prohibiting a person from performing certain
16-declawing procedures on a cat; and generally relating to declawing procedures
17-performed on cats.
21+CHAPTER ______
1822
19-BY repealing and reenacting, without amendments,
20- Article – Agriculture
21-Section 2–301(a) and 2–310.1
22- Annotated Code of Maryland
23- (2016 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2424
25-BY adding to
26- Article – Agriculture
27-Section 2–301(b–4) and (g–1) and 2–313.3
28- Annotated Code of Maryland
29- (2016 Replacement Volume and 2021 Supplement)
25+Animal Welfare – Declawing Cats – Prohibited Acts 2
3026
31-BY repealing and reenacting, with amendments,
32- Article – Agriculture
33-Section 2–310
34- Annotated Code of Maryland
35- (2016 Replacement Volume and 2021 Supplement)
27+FOR the purpose of prohibiting a veterinary practitioner, except under certain 3
28+circumstances, from performing certain declawing procedures on a cat; requiring 4
29+authorizing the State Board of Veterinary Medical Examiners to impose certain 5
30+disciplinary actions on a veterinary practitioner for failure to comply with willful 6
31+violations of a certain prohibition; prohibiting a person from performing certain 7
32+declawing procedures on a cat; and generally relating to declawing procedures 8
33+performed on cats. 9
3634
37-BY adding to
38- Article – Criminal Law
39-Section 10–625.1
40- Annotated Code of Maryland
41- (2021 Replacement Volume and 2021 Supplement)
35+BY repealing and reenacting, without amendments, 10
36+ Article – Agriculture 11
37+Section 2–301(a) and 2–310.1 12
38+ Annotated Code of Maryland 13
39+ (2016 Replacement Volume and 2021 Supplement) 14
4240
43- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
44-That the Laws of Maryland read as follows:
41+BY adding to 15
42+ Article – Agriculture 16
43+Section 2–301(b–4) and (g–1) and 2–313.3 17
44+ Annotated Code of Maryland 18
45+ (2016 Replacement Volume and 2021 Supplement) 19
4546
46-Article – Agriculture
47+BY repealing and reenacting, with amendments, 20
48+ Article – Agriculture 21 2 HOUSE BILL 22
4749
48-2–301.
49- Ch. 178 2022 LAWS OF MARYLAND
5050
51-– 2 –
52- (a) In this subtitle the following words have the meanings indicated.
51+Section 2–310 1
52+ Annotated Code of Maryland 2
53+ (2016 Replacement Volume and 2021 Supplement) 3
5354
54- (B–4) (1) “DECLAWING PROCEDURE ” MEANS:
55+BY adding to 4
56+ Article – Criminal Law 5
57+Section 10–625.1 6
58+ Annotated Code of Maryland 7
59+ (2021 Replacement Volume and 2021 Supplement) 8
5560
56- (I) AN ONYCHECTOMY , A DACTYLECTOMY , A PHALANGECTOMY ,
57-OR ANY OTHER PROCEDU RE THAT REMOVES A PO RTION OF THE PAW OR DIGIT OF AN
58-ANIMAL IN ORDER TO R EMOVE A CLAW;
61+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
62+That the Laws of Maryland read as follows: 10
5963
60- (II) A TENDONECTOMY OR ANY OTHER PROCEDURE THAT CUTS
61-OR MODIFIES THE TEND ON OF THE LIMB, PAW, OR DIGIT OF AN ANIMA L IN ORDER TO
62-PROHIBIT THE EXTENSI ON OF A CLAW; OR
64+Article – Agriculture 11
6365
64- (III) ANY PROCEDURE THAT PR EVENTS THE NORMAL
65-FUNCTIONING OF ONE O R MORE CLAWS OF AN ANIMAL .
66+2–301. 12
6667
67- (2) “DECLAWING PROCEDURE ” DOES NOT INCLUDE NAI L FILING,
68-NAIL TRIMMING , OR THE PLACEMENT OF TEMPORARY NAIL CAPS ON ONE OR MORE
69-CLAWS OF AN ANIMAL .
68+ (a) In this subtitle the following words have the meanings indicated. 13
7069
71- (G–1) (1) “THERAPEUTIC PURPOSE ” MEANS TO ADDRESS A P HYSICAL OR
72-MEDICAL CONDITION TH AT COMPROMISES THE H EALTH OR WELL –BEING OF AN
73-ANIMAL.
70+ (B–4) (1) “DECLAWING PROCEDURE ” MEANS: 14
7471
75- (2) “THERAPEUTIC PURPOSE ” DOES NOT INCLUDE COS METIC OR
76-AESTHETIC REASONS OR REASONS OF CONVENIEN CE IN THE KEEPING OR HANDLING
77-OF THE ANIMAL.
72+ (I) AN ONYCHECTOMY , A DACTYLECTOMY , A PHALANGECTOMY , 15
73+OR ANY OTHER PROCEDU RE THAT REMOVES A PO RTION OF THE PAW OR DIGIT OF AN 16
74+ANIMAL IN ORDER TO R EMOVE A CLAW ; 17
7875
79-2–310.
76+ (II) A TENDONECTOMY OR ANY OTHER PROCEDURE THAT CUTS 18
77+OR MODIFIES THE TEND ON OF THE LIMB, PAW, OR DIGIT OF AN ANIMAL I N ORDER TO 19
78+PROHIBIT THE EXTENSI ON OF A CLAW; OR 20
8079
81- (A) The Board may refuse, suspend, or revoke any application or license, and
82-censure or place on probation any licensee after a hearing, if the veterinarian or veterinary
83-practitioner:
80+ (III) ANY PROCEDURE THAT PR EVENTS THE NORMAL 21
81+FUNCTIONING OF ONE O R MORE CLAWS OF AN A NIMAL. 22
8482
85- (1) Is unable to practice veterinary medicine competently due to a physical
86-or mental disability;
83+ (2) “DECLAWING PROCEDURE ” DOES NOT INCLUDE NAI L FILING, 23
84+NAIL TRIMMING , OR THE PLACEMENT OF TEMPORARY NAIL CA PS ON ONE OR MORE 24
85+CLAWS OF AN ANIMAL . 25
8786
88- (2) Is convicted of a violation of any federal or State law relating to
89-prescription drugs, a controlled dangerous substance under Title 5, Subtitle 4 of the
90-Criminal Law Article, or a controlled substance as defined by 21 U.S.C. § 812;
87+ (G–1) (1) “THERAPEUTIC PURPOSE ” MEANS TO ADDRESS A P HYSICAL OR 26
88+MEDICAL CONDITION TH AT COMPROMISES THE H EALTH OR WELL –BEING OF AN 27
89+ANIMAL. 28
9190
92- (3) Is convicted of a felony, or of a crime involving moral turpitude;
91+ (2) “THERAPEUTIC PURPOSE ” DOES NOT INCLUDE COS METIC OR 29
92+AESTHETIC REASONS OR REASONS OF CONVENIEN CE IN THE KEEPING OR HANDLING 30
93+OF THE ANIMAL. 31
9394
94- (4) Is convicted of violating any provision of this subtitle, any unlawful or
95-fraudulent practice, or any fraudulent, misleading, or deceptive representation or LAWRENCE J. HOGAN, JR., Governor Ch. 178
95+2–310. 32 HOUSE BILL 22 3
9696
97-– 3 –
98-advertising concerning his professional qualifications or the quality of materials or drugs
99-used by him in his professional work or in the treatment of animals;
10097
101- (5) Has a final judgment entered against him in a civil malpractice case
102-involving gross personal negligence;
10398
104- (6) Obtains the license by fraud or misrepresentation, either in the
105-application, or in passing the examination;
99+ (A) The Board may refuse, suspend, or revoke any application or license, and 1
100+censure or place on probation any licensee after a hearing, if the veterinarian or veterinary 2
101+practitioner: 3
106102
107- (7) Is guilty of employing or permitting to practice veterinary medicine any
108-person who does not hold a license to practice veterinary medicine in the State;
103+ (1) Is unable to practice veterinary medicine competently due to a physical 4
104+or mental disability; 5
109105
110- (8) Fails to comply with Board rules or regulations after receiving a license;
106+ (2) Is convicted of a violation of any federal or State law relating to 6
107+prescription drugs, a controlled dangerous substance under Title 5, Subtitle 4 of the 7
108+Criminal Law Article, or a controlled substance as defined by 21 U.S.C. § 812; 8
111109
112- (9) Is grossly negligent or deliberately cruel to an animal;
110+ (3) Is convicted of a felony, or of a crime involving moral turpitude; 9
113111
114- (10) Is determined by four members to be professionally incompetent as a
115-veterinary practitioner;
112+ (4) Is convicted of violating any provision of this subtitle, any unlawful or 10
113+fraudulent practice, or any fraudulent, misleading, or deceptive representation or 11
114+advertising concerning his professional qualifications or the quality of materials or drugs 12
115+used by him in his professional work or in the treatment of animals; 13
116116
117- (11) Is disciplined by a licensing authority of another state, including the
118-suspension or revocation of a license to practice veterinary medicine, for an act that would
119-be grounds for disciplinary action under this section; or
117+ (5) Has a final judgment entered against him in a civil malpractice case 14
118+involving gross personal negligence; 15
120119
121- (12) Fails to comply with animal cruelty or animal fighting reporting
122-requirements under § 2–313.1 of this subtitle; OR
120+ (6) Obtains the license by fraud or misrepresentation, either in the 16
121+application, or in passing the examination; 17
123122
124- (13) WILLFULLY VIOLATES TH E CAT DECLAWING PROH IBITION UNDER
125-§ 2–313.3 OF THIS SUBTITLE .
123+ (7) Is guilty of employing or permitting to practice veterinary medicine any 18
124+person who does not hold a license to practice veterinary medicine in the State; 19
126125
127- (B) THE BOARD SHALL REFUSE , SUSPEND, OR REVOKE ANY APPLIC ATION
128-OR LICENSE, AND CENSURE OR PLACE ON PROBATION ANY LIC ENSEE AFTER A
129-HEARING, IF THE VETERINARIAN OR VETERINARY PRACTI TIONER FAILS TO COMP LY
130-WITH THE CAT DECLAWI NG PROHIBITION UNDER § 2–313.3 OF THIS SUBTITLE.
126+ (8) Fails to comply with Board rules or regulations after receiving a license; 20
131127
132-2–310.1.
128+ (9) Is grossly negligent or deliberately cruel to an animal; 21
133129
134- (a) In lieu of or in addition to suspension of the license, the Board may impose a
135-penalty of not more than $5,000 for a first offense.
130+ (10) Is determined by four members to be professionally incompetent as a 22
131+veterinary practitioner; 23
136132
137- (b) In addition to revocation of the license, the Board may impose a penalty of not
138-more than $5,000 for a first offense.
133+ (11) Is disciplined by a licensing authority of another state, including the 24
134+suspension or revocation of a license to practice veterinary medicine, for an act that would 25
135+be grounds for disciplinary action under this section; or 26
139136
140- (c) In addition to suspension or revocation of the license, the Board may impose
141-a penalty of not more than $10,000 for a second or subsequent offense.
142- Ch. 178 2022 LAWS OF MARYLAND
137+ (12) Fails to comply with animal cruelty or animal fighting reporting 27
138+requirements under § 2–313.1 of this subtitle; OR 28
143139
144-– 4 –
145- (d) Penalties collected by the Board under this section shall be paid into the
146-General Fund of the State.
140+ (13) WILLFULLY VIOLATES TH E CAT DECLAWING PROHIBITIO N UNDER 29
141+§ 2–313.3 OF THIS SUBTITLE . 30
142+ 4 HOUSE BILL 22
147143
148- (e) The Board shall establish such rules and regulations as are necessary to carry
149-out the provisions of this section.
150144
151-2–313.3.
145+ (B) THE BOARD SHALL REFUSE , SUSPEND, OR REVOKE ANY APPLIC ATION 1
146+OR LICENSE, AND CENSURE OR PLACE ON PROBATION ANY LIC ENSEE AFTER A 2
147+HEARING, IF THE VETERINARIAN OR VETERINARY PRACTI TIONER FAILS TO COM PLY 3
148+WITH THE CAT DECLAWI NG PROHIBITION UNDER § 2–313.3 OF THIS SUBTITLE. 4
152149
153- (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A
154-VETERINARY PRACTITIO NER MAY NOT PERFORM A DECLAWING PROCEDUR E ON A
155-CAT.
150+2–310.1. 5
156151
157- (B) A VETERINARY PRACTITIONER MAY PER FORM A DECLAWING
158-PROCEDURE ON A CAT I F THE PROCEDURE IS N ECESSARY FOR A THERA PEUTIC
159-PURPOSE.
152+ (a) In lieu of or in addition to suspension of the license, the Board may impose a 6
153+penalty of not more than $5,000 for a first offense. 7
160154
161-Article – Criminal Law
155+ (b) In addition to revocation of the license, the Board may impose a penalty of not 8
156+more than $5,000 for a first offense. 9
162157
163-10–625.1.
158+ (c) In addition to suspension or revocation of the license, the Board may impose 10
159+a penalty of not more than $10,000 for a second or subsequent offense. 11
164160
165- (A) IN THIS SECTION , “DECLAWING PROCEDURE ” HAS THE MEANING
166-STATED IN § 2–301 OF THE AGRICULTURE ARTICLE.
161+ (d) Penalties collected by the Board under this section shall be paid into the 12
162+General Fund of the State. 13
167163
168- (B) EXCEPT AS PROVIDED IN § 2–313.3 OF THE AGRICULTURE ARTICLE, A
169-PERSON MAY NOT PERFO RM A DECLAWING PROCE DURE ON A CAT.
164+ (e) The Board shall establish such rules and regulations as are necessary to carry 14
165+out the provisions of this section. 15
170166
171- (C) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE.
167+2–313.3. 16
172168
173- (2) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO A FINE
174-NOT EXCEEDING $1,000.
169+ (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 17
170+VETERINARY PRACTITIO NER MAY NOT PERFORM A DECLAWING PROCEDUR E ON A 18
171+CAT. 19
175172
176- (3) THE PROVISIONS OF THI S SECTION MAY BE ENF ORCED BY:
173+ (B) A VETERINARY PRACTITIO NER MAY PERFORM A DE CLAWING 20
174+PROCEDURE ON A CAT I F THE PROCEDURE IS N ECESSARY FOR A THERA PEUTIC 21
175+PURPOSE. 22
177176
178- (I) ANY STATE OR LOCAL LAW EN FORCEMENT OFFICER ; OR
177+Article – Criminal Law 23
179178
180- (II) THE LOCAL ANIMAL CON TROL AUTHORITY FOR T HE
181-JURISDICTION WHERE T HE VIOLATION OCCURS .
179+10–625.1. 24
182180
183- SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act shall take effect
184-October 1, 2022.
181+ (A) IN THIS SECTION , “DECLAWING PROCEDURE ” HAS THE MEANING 25
182+STATED IN § 2–301 OF THE AGRICULTURE ARTICLE. 26
185183
186-Approved by the Governor, April 21, 2022.
184+ (B) EXCEPT AS PROVIDED IN § 2–313.3 OF THE AGRICULTURE ARTICLE, A 27
185+PERSON MAY NOT PERFO RM A DECLAWING PROCE DURE ON A CAT. 28
186+
187+ (C) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 29
188+ HOUSE BILL 22 5
189+
190+
191+ (2) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO A FINE 1
192+NOT EXCEEDING $1,000. 2
193+
194+ (3) THE PROVISIONS OF THI S SECTION MAY BE ENF ORCED BY: 3
195+
196+ (I) ANY STATE OR LOCAL LAW EN FORCEMENT OFFICER ; OR 4
197+
198+ (II) THE LOCAL ANIMAL CON TROL AUTHORITY FOR T HE 5
199+JURISDICTION WHERE T HE VIOLATION OCCURS . 6
200+
201+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
202+October 1, 2022. 8
203+
204+
205+
206+
207+Approved:
208+________________________________________________________________________________
209+ Governor.
210+________________________________________________________________________________
211+ Speaker of the House of Delegates.
212+________________________________________________________________________________
213+ President of the Senate.