Maryland 2023 2023 Regular Session

Maryland Senate Bill SB390 Engrossed / Bill

Filed 03/07/2023

                     
 
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. 
          *sb0390*  
  
SENATE BILL 390 
M4, J1   	3lr2354 
    	CF HB 325 
By: Senators Lewis Young and Rosapepe, Rosapepe, and Muse 
Introduced and read first time: February 1, 2023 
Assigned to: Education, Energy, and the Environment 
Committee Report: Favorable with amendments 
Senate action: Adopted with floor amendments 
Read second time: March 1, 2023 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Provision of Veterinary Services – Routine Medical Care Practice of Veterinary 2 
Medicine and Rabies Vaccines 3 
 
FOR the purpose of authorizing the State Board of Veterinary Medical Examiners to issue 4 
a license to an animal control facility to administer rabies vaccines; requiring the 5 
State Board of Veterinary Medical Examiners to establish a certain process to 6 
authorize a certain veterinary practitioner licensed to practice veterinary medicine 7 
in another state or jurisdiction to provide routine medical care become licensed to 8 
practice veterinary medicine in the State under certain circumstances; requiring the 9 
Secretary of Health to allow individuals who work in or for a certain veterinary 10 
hospital or a certain animal control facility certain individuals to administer rabies 11 
vaccines under certain circumstances; and generally relating to the provision of 12 
veterinary services in the State. 13 
 
BY repealing 14 
 Article – Agriculture 15 
 Section 2–304(e) 16 
 Annotated Code of Maryland 17 
 (2016 Replacement Volume and 2022 Supplement) 18 
 
BY repealing and reenacting, with amendments, 19 
 Article – Agriculture 20 
Section 2–304(f) and 2–305 21 
 Annotated Code of Maryland 22 
 (2016 Replacement Volume and 2022 Supplement) 23  2 	SENATE BILL 390  
 
 
 
BY adding to 1 
 Article – Agriculture 2 
Section 2–305.1 3 
 Annotated Code of Maryland 4 
 (2016 Replacement Volume and 2022 Supplement) 5 
 
BY repealing and reenacting, with amendments, 6 
 Article – Health – General 7 
Section 18–313 8 
 Annotated Code of Maryland 9 
 (2019 Replacement Volume and 2022 Supplement) 10 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 
That the Laws of Maryland read as follows: 12 
 
Article – Agriculture 13 
 
2–304. 14 
 
 [(e) (1) The Board may authorize the practice of a health occupation on an 15 
animal by a health care practitioner licensed, certified, or otherwise authorized under the 16 
Health Occupations Article. 17 
 
 (2) If the Board authorizes the practice of a health occupation on an animal 18 
under paragraph (1) of this subsection, the Board may: 19 
 
 (i) Impose requirements for education, training, and supervision by 20 
a veterinary practitioner; and 21 
 
 (ii) Require the registration of each health care practitioner 22 
authorized to practice a health occupation on an animal in accordance with this subsection.] 23 
 
 [(f)] (E) On or before December 31 each year, the Board shall report to the 24 
Governor and, in accordance with § 2–1257 of the State Government Article, the General 25 
Assembly on the Board’s disciplinary activities for the previous fiscal year. 26 
 
2–305. 27 
 
 (a) In this section, “animal control facility” means a humane society, as defined 28 
in § 10–601 of the Criminal Law Article, or a county or municipal designated animal 29 
shelter. 30 
 
 (b) The Board, on terms and conditions satisfactory to the Board, may issue a 31 
license to an animal control facility to allow the animal control facility to administer 32 
[drugs]: 33 
   	SENATE BILL 390 	3 
 
 
 (1) DRUGS needed to sedate, euthanize, or sedate and euthanize animals; 1 
AND 2 
 
 (2) RABIES VACCINES IN AC CORDANCE WITH § 18–313 OF THE 3 
HEALTH – GENERAL ARTICLE. 4 
 
 (c) (1) (i) The owner of an animal control facility shall apply for the license. 5 
 
 (ii) The Board shall issue a license in the name of the owner of an 6 
animal control facility. 7 
 
 (2) The application shall designate one individual at the facility 8 
responsible for the drugs AND RABIES VACCINES . 9 
 
 (3) The annual license fee is $100. 10 
 
 (d) In accordance with procedures set out in § 2–311 of this subtitle, the Board 11 
may: 12 
 
 (1) Reject an application for a license; or 13 
 
 (2) Suspend or revoke a license for failure to comply with the Board’s 14 
regulations. 15 
 
 (e) An animal control facility licensed under this section shall comply with the 16 
Board’s requirements relating to employee training. 17 
 
 (f) A member of the Board, or the Board’s designated inspector, may enter an 18 
animal control facility licensed under this section at any reasonable hour to enforce the 19 
Board’s regulations. 20 
 
 (g) In consultation with the Maryland Department of Health, the Board shall 21 
adopt regulations necessary to carry out this section. 22 
 
2–305.1. 23 
 
 (A) (1) THE BOARD MAY AUTHORIZE T HE PRACTICE OF A HEA LTH 24 
OCCUPATION ON AN ANI MAL BY A HEALTH CARE PRACTITIONER LI CENSED, 25 
CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS 26 
ARTICLE. 27 
 
 (2) IF THE BOARD AUTHORIZES THE PRACTICE OF A HEALTH 28 
OCCUPATION ON AN ANI MAL UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE 29 
BOARD MAY: 30 
  4 	SENATE BILL 390  
 
 
 (I) IMPOSE REQUI REMENTS FOR EDUCATIO N, TRAINING, AND 1 
SUPERVISION BY A VET ERINARY PRACTITIONER ; AND 2 
 
 (II) REQUIRE THE REGISTRAT ION OF EACH HEALTH C ARE 3 
PRACTITIONER AUTHORI ZED TO PRACTICE A HE ALTH OCCUPATION ON A N ANIMAL 4 
IN ACCORDANCE WITH T HIS SUBSECTION . 5 
 
 (B) (1) THE BOARD SHALL ESTABLISH AN EXPEDIT ED PROCESS TO 6 
AUTHORIZE A VETERINA RY PRACTITIONER LICENSED, CERTIFIED, OR OTHERWISE 7 
AUTHORIZED WHO HOLDS A CURRENT , VALID LICENSE TO PRACTICE VETERINA RY 8 
MEDICINE IN ANOTHER STATE OR JURISDICTIO N TO PROVIDE ROUTINE MEDI CAL 9 
CARE IN THE STATE IF THE VETERINA RY PRACTITIONER : 10 
 
 (I) WILL PROVIDE THE SERV ICES TO AN ANIMAL SH ELTER, AS 11 
DEFINED IN § 2–1701 OF THIS TITLE, LOCATED IN THE STATE; AND 12 
 
 (II) IS NOT OTHERWISE PROH IBITED FROM PRACTICI NG 13 
VETERINARY MEDICINE DUE TO A KNOW N ETHICS OR CRIMINAL VIOLATION. 14 
 
 (2) THE ROUTINE MEDICAL C ARE PROVIDED BY A VE TERINARY 15 
PRACTITIONER AUTHORI ZED TO PRACTICE VETE RINARY MEDICINE UNDE R 16 
PARAGRAPH (1) OF THIS SUBSECTION M AY INCLUDE: 17 
 
 (I) SPAYING AND NEUTERING ; 18 
 
 (II) VACCINATIONS; 19 
 
 (III) HEALTH EXAMINATIONS ; AND 20 
 
 (IV) COMPLETING CERTIFICAT IONS OF HEALTH BECOME 21 
LICENSED TO PRACTICE VETERINARY MEDICINE IN THE STATE. 22 
 
Article – Health – General 23 
 
18–313. 24 
 
 The Secretary of Health shall provide a statewide system: 25 
 
 (1) To control rabies; 26 
 
 (2) To grant authority to the public health veterinarian and the local health 27 
officer in matters pertaining to the disposition of animals that bite or otherwise expose 28 
rabies to an individual; 29 
   	SENATE BILL 390 	5 
 
 
 (3) To assist local political subdivisions regarding the laboratory testing of 1 
rabid animals; 2 
 
 (4) To treat each individual who is exposed or suspected of having been 3 
exposed to rabies; [and] 4 
 
 (5) To distribute, in accordance with the conditions set by the Secretary of 5 
Agriculture, the biological products that are needed to prevent and treat rabies; AND 6 
 
 (6) TO ALLOW INDIVIDUALS WHO WORK IN OR FOR A VETERINA RY 7 
HOSPITAL, AS DEFINED IN § 2–304.1 OF THE AGRICULTURE ARTICLE A VETERINARY 8 
TECHNICIAN, AS DEFINED IN § 2–301 OF THE AGRICULTURE ARTICLE, OR OTHER 9 
CLINICAL STAFF WHO W ORK IN OR FOR AN ANI MAL SHELTER , AS DEFINED IN §  10 
2–1701 OF THE AGRICULTURE ARTICLE, OR AN ANIMAL CONTROL FACILITY, AS 11 
DEFINED IN § 2–305 OF THE AGRICULTURE ARTICLE, TO ADMINISTER RABIES 12 
VACCINES IF:  13 
 
 (I) FOR AN INDIVIDUAL WORKING IN OR FOR A VETERINARY 14 
HOSPITAL, THE VETERINARY HOSPI TAL IS LICENSED UNDE R § 2–304.1 OF THE 15 
AGRICULTURE ARTICLE;  16 
 
 (II) FOR AN INDIVIDUAL WOR KING IN OR FOR AN AN IMAL 17 
CONTROL FACILITY , THE THE ANIMAL SHELTER OR ANIMAL CONTROL FACIL ITY IS 18 
LICENSED TO ADMINISTER DRUGS UNDER § 2–305 OF THE AGRICULTURE ARTICLE; 19 
AND 20 
 
 (III) THE RABIES VACCINE IS ADMINISTERED IN ACCO RDANCE 21 
WITH APPLICABLE PROT OCOLS FOR LICENSED V ETERINARIANS  22 
 
 (II) THE ANIMAL BEING VACC INATED IS UNDER THE CUSTODY 23 
OR CONTROL OF AN ANIMAL SHELTER OR AN IMAL CONTROL FACILIT Y; 24 
 
 (III) THE VETERINARY PRACTI TIONER WHO SIGNS THE RABIES 25 
VACCINATION CERTIFIC ATE HAS ENSURED THAT THE INDIVIDUAL ADMIN ISTERING 26 
THE RABIES VACCINE W AS APPROPRIATELY TRA INED ON ADMINISTERIN G RABIES 27 
VACCINES, INCLUDING PROPER STORAGE , HANDLING, ADMINISTRATION , AND 28 
MANAGEMENT OF ADVERS E REACTIONS; AND 29 
 
 (IV) THE INDIVIDUAL ADMINI STERING THE VACCINE IS 30 
IDENTIFIED ON THE RA BIES VACCINATION CER TIFICATE. 31 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before Decemb er 1, 32 
2023, the State Board of Veterinary Medical Examiners shall report to the General 33 
Assembly, in accordance with § 2–1257 of the State Government Article, on:  34 
  6 	SENATE BILL 390  
 
 
 (1) the status of establishing an expedited process for a veterinary 1 
practitioner who holds a valid, current license to practice veterinary medicine in another 2 
state or jurisdiction to become licensed to practice veterinary medicine in the State as 3 
authorized under Section 1 of this Act; and 4 
 
 (2) any financial support needed to implement the expedited process.  5 
 
 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 
October 1, 2023. 7 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.