Maryland 2023 Regular Session

Maryland Senate Bill SB390 Compare Versions

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1- WES MOORE, Governor Ch. 589
21
3-– 1 –
4-Chapter 589
5-(Senate Bill 390)
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+ *sb0390*
89
9-Provision of Veterinary Services – Routine Medical Care Practice of Veterinary
10-Medicine and Rabies Vaccines
10+SENATE BILL 390
11+M4, J1 3lr2354
12+ CF HB 325
13+By: Senators Lewis Young and Rosapepe, Rosapepe, and Muse
14+Introduced and read first time: February 1, 2023
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable with amendments
17+Senate action: Adopted with floor amendments
18+Read second time: March 1, 2023
1119
12-FOR the purpose of authorizing the State Board of Veterinary Medical Examiners to issue
13-a license to an animal control facility to administer rabies vaccines; requiring the
14-State Board of Veterinary Medical Examiners to establish a certain process to
15-authorize a certain veterinary practitioner licensed to practice veterinary medicine
16-in another state or jurisdiction to provide routine medical care become licensed to
17-practice veterinary medicine in the State under certain circumstances; requiring the
18-Secretary of Health to allow individuals who work in or for a certain veterinary
19-hospital or a certain animal control facility certain individuals to administer rabies
20-vaccines under certain circumstances; and generally relating to the provision of
21-veterinary services in the State.
20+CHAPTER ______
2221
23-BY repealing
24- Article – Agriculture
25- Section 2–304(e)
26- Annotated Code of Maryland
27- (2016 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2823
29-BY repealing and reenacting, with amendments,
30- Article – Agriculture
31-Section 2–304(f) and 2–305
32- Annotated Code of Maryland
33- (2016 Replacement Volume and 2022 Supplement)
24+Provision of Veterinary Services – Routine Medical Care Practice of Veterinary 2
25+Medicine and Rabies Vaccines 3
3426
35-BY adding to
36- Article – Agriculture
37-Section 2–305.1
38- Annotated Code of Maryland
39- (2016 Replacement Volume and 2022 Supplement)
27+FOR the purpose of authorizing the State Board of Veterinary Medical Examiners to issue 4
28+a license to an animal control facility to administer rabies vaccines; requiring the 5
29+State Board of Veterinary Medical Examiners to establish a certain process to 6
30+authorize a certain veterinary practitioner licensed to practice veterinary medicine 7
31+in another state or jurisdiction to provide routine medical care become licensed to 8
32+practice veterinary medicine in the State under certain circumstances; requiring the 9
33+Secretary of Health to allow individuals who work in or for a certain veterinary 10
34+hospital or a certain animal control facility certain individuals to administer rabies 11
35+vaccines under certain circumstances; and generally relating to the provision of 12
36+veterinary services in the State. 13
4037
41-BY repealing and reenacting, with amendments,
42- Article – Health – General
43-Section 18313
44- Annotated Code of Maryland
45- (2019 Replacement Volume and 2022 Supplement)
38+BY repealing 14
39+ Article – Agriculture 15
40+ Section 2304(e) 16
41+ Annotated Code of Maryland 17
42+ (2016 Replacement Volume and 2022 Supplement) 18
4643
47- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
48-That the Laws of Maryland read as follows:
49- Ch. 589 2023 LAWS OF MARYLAND
44+BY repealing and reenacting, with amendments, 19
45+ Article – Agriculture 20
46+Section 2–304(f) and 2–305 21
47+ Annotated Code of Maryland 22
48+ (2016 Replacement Volume and 2022 Supplement) 23 2 SENATE BILL 390
5049
51-– 2 –
52-Article – Agriculture
5350
54-2–304.
5551
56- [(e) (1) The Board may authorize the practice of a health occupation on an
57-animal by a health care practitioner licensed, certified, or otherwise authorized under the
58-Health Occupations Article.
52+BY adding to 1
53+ Article – Agriculture 2
54+Section 2–305.1 3
55+ Annotated Code of Maryland 4
56+ (2016 Replacement Volume and 2022 Supplement) 5
5957
60- (2) If the Board authorizes the practice of a health occupation on an animal
61-under paragraph (1) of this subsection, the Board may:
58+BY repealing and reenacting, with amendments, 6
59+ Article – Health – General 7
60+Section 18–313 8
61+ Annotated Code of Maryland 9
62+ (2019 Replacement Volume and 2022 Supplement) 10
6263
63- (i) Impose requirements for education, training, and supervision by
64-a veterinary practitioner; and
64+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65+That the Laws of Maryland read as follows: 12
6566
66- (ii) Require the registration of each health care practitioner
67-authorized to practice a health occupation on an animal in accordance with this subsection.]
67+Article – Agriculture 13
6868
69- [(f)] (E) On or before December 31 each year, the Board shall report to the
70-Governor and, in accordance with § 2–1257 of the State Government Article, the General
71-Assembly on the Board’s disciplinary activities for the previous fiscal year.
69+2–304. 14
7270
73-2–305.
71+ [(e) (1) The Board may authorize the practice of a health occupation on an 15
72+animal by a health care practitioner licensed, certified, or otherwise authorized under the 16
73+Health Occupations Article. 17
7474
75- (a) In this section, “animal control facility” means a humane society, as defined
76-in § 10–601 of the Criminal Law Article, or a county or municipal designated animal
77-shelter.
75+ (2) If the Board authorizes the practice of a health occupation on an animal 18
76+under paragraph (1) of this subsection, the Board may: 19
7877
79- (b) The Board, on terms and conditions satisfactory to the Board, may issue a
80-license to an animal control facility to allow the animal control facility to administer
81-[drugs]:
78+ (i) Impose requirements for education, training, and supervision by 20
79+a veterinary practitioner; and 21
8280
83- (1) DRUGS needed to sedate, euthanize, or sedate and euthanize animals;
84-AND
81+ (ii) Require the registration of each health care practitioner 22
82+authorized to practice a health occupation on an animal in accordance with this subsection.] 23
8583
86- (2) RABIES VACCINES IN AC CORDANCE WITH § 18–313 OF THE
87-HEALTH – GENERAL ARTICLE.
84+ [(f)] (E) On or before December 31 each year, the Board shall report to the 24
85+Governor and, in accordance with § 2–1257 of the State Government Article, the General 25
86+Assembly on the Board’s disciplinary activities for the previous fiscal year. 26
8887
89- (c) (1) (i) The owner of an animal control facility shall apply for the license.
88+2–305. 27
9089
91- (ii) The Board shall issue a license in the name of the owner of an
92-animal control facility.
90+ (a) In this section, “animal control facility” means a humane society, as defined 28
91+in § 10–601 of the Criminal Law Article, or a county or municipal designated animal 29
92+shelter. 30
9393
94- (2) The application shall designate one individual at the facility
95-responsible for the drugs AND RABIES VACCINES .
96- WES MOORE, Governor Ch. 589
94+ (b) The Board, on terms and conditions satisfactory to the Board, may issue a 31
95+license to an animal control facility to allow the animal control facility to administer 32
96+[drugs]: 33
97+ SENATE BILL 390 3
9798
98-– 3 –
99- (3) The annual license fee is $100.
10099
101- (d) In accordance with procedures set out in § 2–311 of this subtitle, the Board
102-may:
100+ (1) DRUGS needed to sedate, euthanize, or sedate and euthanize animals; 1
101+AND 2
103102
104- (1) Reject an application for a license; or
103+ (2) RABIES VACCINES IN AC CORDANCE WITH § 18–313 OF THE 3
104+HEALTH – GENERAL ARTICLE. 4
105105
106- (2) Suspend or revoke a license for failure to comply with the Board’s
107-regulations.
106+ (c) (1) (i) The owner of an animal control facility shall apply for the license. 5
108107
109- (e) An animal control facility licensed under this section shall comply with the
110-Board’s requirements relating to employee training.
108+ (ii) The Board shall issue a license in the name of the owner of an 6
109+animal control facility. 7
111110
112- (f) A member of the Board, or the Board’s designated inspector, may enter an
113-animal control facility licensed under this section at any reasonable hour to enforce the
114-Board’s regulations.
111+ (2) The application shall designate one individual at the facility 8
112+responsible for the drugs AND RABIES VACCINES . 9
115113
116- (g) In consultation with the Maryland Department of Health, the Board shall
117-adopt regulations necessary to carry out this section.
114+ (3) The annual license fee is $100. 10
118115
119-2–305.1.
116+ (d) In accordance with procedures set out in § 2–311 of this subtitle, the Board 11
117+may: 12
120118
121- (A) (1) THE BOARD MAY AUTHORIZE T HE PRACTICE OF A HEA LTH
122-OCCUPATION ON AN ANI MAL BY A HEALTH CARE PRACTITIONER LICENSE D,
123-CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS
124-ARTICLE.
119+ (1) Reject an application for a license; or 13
125120
126- (2) IF THE BOARD AUTHORIZES THE PRACTICE OF A HEALTH
127-OCCUPATION ON AN ANI MAL UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE
128-BOARD MAY:
121+ (2) Suspend or revoke a license for failure to comply with the Board’s 14
122+regulations. 15
129123
130- (I) IMPOSE REQUIREMENTS F OR EDUCATION , TRAINING, AND
131-SUPERVISION BY A VET ERINARY PRACTITI ONER; AND
124+ (e) An animal control facility licensed under this section shall comply with the 16
125+Board’s requirements relating to employee training. 17
132126
133- (II) REQUIRE THE REGISTRAT ION OF EACH HEALTH C ARE
134-PRACTITIONER AUTHORI ZED TO PRACTICE A HE ALTH OCCUPATION ON A N ANIMAL
135-IN ACCORDANCE WITH T HIS SUBSECTION .
127+ (f) A member of the Board, or the Board’s designated inspector, may enter an 18
128+animal control facility licensed under this section at any reasonable hour to enforce the 19
129+Board’s regulations. 20
136130
137- (B) (1) THE BOARD SHALL ESTABLISH AN EXPEDIT ED PROCESS TO
138-AUTHORIZE A VETERINA RY PRACTITIONER LICENSED, CERTIFIED, OR OTHERWISE
139-AUTHORIZED WHO HOLDS A CURRENT , VALID LICENSE TO PRACTICE VETERINA RY
140-MEDICINE IN ANOTHER STATE OR JURISDICTIO N TO PROVIDE ROUTINE MEDI CAL
141-CARE IN THE STATE IF THE VETERINA RY PRACTITIONER :
142- Ch. 589 2023 LAWS OF MARYLAND
131+ (g) In consultation with the Maryland Department of Health, the Board shall 21
132+adopt regulations necessary to carry out this section. 22
143133
144-– 4 –
145- (I) WILL PROVIDE THE SERVICES TO AN ANIMA L SHELTER, AS
146-DEFINED IN § 2–1701 OF THIS TITLE, LOCATED IN THE STATE; AND
134+2–305.1. 23
147135
148- (II) IS NOT OTHERWISE PROH IBITED FROM PRACTICI NG
149-VETERINARY MEDICINE DUE TO A KNOWN ETHIC S OR CRIMINAL VIOLAT ION.
136+ (A) (1) THE BOARD MAY AUTHORIZE T HE PRACTICE OF A HEA LTH 24
137+OCCUPATION ON AN ANI MAL BY A HEALTH CARE PRACTITIONER LI CENSED, 25
138+CERTIFIED, OR OTHERWISE AUTHORI ZED UNDER THE HEALTH OCCUPATIONS 26
139+ARTICLE. 27
150140
151- (2) THE ROUTINE MEDICAL C ARE PROVIDED BY A VETERINARY
152-PRACTITIONER AUTHORI ZED TO PRACTICE VETE RINARY MEDICINE UNDE R
153-PARAGRAPH (1) OF THIS SUBSECTION M AY INCLUDE:
141+ (2) IF THE BOARD AUTHORIZES THE PRACTICE OF A HEALTH 28
142+OCCUPATION ON AN ANI MAL UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE 29
143+BOARD MAY: 30
144+ 4 SENATE BILL 390
154145
155- (I) SPAYING AND NEUTERING ;
156146
157- (II) VACCINATIONS;
147+ (I) IMPOSE REQUI REMENTS FOR EDUCATIO N, TRAINING, AND 1
148+SUPERVISION BY A VET ERINARY PRACTITIONER ; AND 2
158149
159- (III) HEALTH EXAMINATIONS ; AND
150+ (II) REQUIRE THE REGISTRAT ION OF EACH HEALTH C ARE 3
151+PRACTITIONER AUTHORI ZED TO PRACTICE A HE ALTH OCCUPATION ON A N ANIMAL 4
152+IN ACCORDANCE WITH T HIS SUBSECTION . 5
160153
161- (IV) COMPLETING CERTIFICAT IONS OF HEALTH BECOME
162-LICENSED TO PRACTICE VETERINARY MEDICINE IN THE STATE.
154+ (B) (1) THE BOARD SHALL ESTABLISH AN EXPEDIT ED PROCESS TO 6
155+AUTHORIZE A VETERINA RY PRACTITIONER LICENSED, CERTIFIED, OR OTHERWISE 7
156+AUTHORIZED WHO HOLDS A CURRENT , VALID LICENSE TO PRACTICE VETERINA RY 8
157+MEDICINE IN ANOTHER STATE OR JURISDICTIO N TO PROVIDE ROUTINE MEDI CAL 9
158+CARE IN THE STATE IF THE VETERINA RY PRACTITIONER : 10
163159
164-Article – Health – General
160+ (I) WILL PROVIDE THE SERV ICES TO AN ANIMAL SH ELTER, AS 11
161+DEFINED IN § 2–1701 OF THIS TITLE, LOCATED IN THE STATE; AND 12
165162
166-18–313.
163+ (II) IS NOT OTHERWISE PROH IBITED FROM PRACTICI NG 13
164+VETERINARY MEDICINE DUE TO A KNOW N ETHICS OR CRIMINAL VIOLATION. 14
167165
168- The Secretary of Health shall provide a statewide system:
166+ (2) THE ROUTINE MEDICAL C ARE PROVIDED BY A VE TERINARY 15
167+PRACTITIONER AUTHORI ZED TO PRACTICE VETE RINARY MEDICINE UNDE R 16
168+PARAGRAPH (1) OF THIS SUBSECTION M AY INCLUDE: 17
169169
170- (1) To control rabies;
170+ (I) SPAYING AND NEUTERING ; 18
171171
172- (2) To grant authority to the public health veterinarian and the local health
173-officer in matters pertaining to the disposition of animals that bite or otherwise expose
174-rabies to an individual;
172+ (II) VACCINATIONS; 19
175173
176- (3) To assist local political subdivisions regarding the laboratory testing of
177-rabid animals;
174+ (III) HEALTH EXAMINATIONS ; AND 20
178175
179- (4) To treat each individual who is exposed or suspected of having been
180-exposed to rabies; [and]
176+ (IV) COMPLETING CERTIFICAT IONS OF HEALTH BECOME 21
177+LICENSED TO PRACTICE VETERINARY MEDICINE IN THE STATE. 22
181178
182- (5) To distribute, in accordance with the conditions set by the Secretary of
183-Agriculture, the biological products that are needed to prevent and treat rabies; AND
179+Article – Health – General 23
184180
185- (6) TO ALLOW INDIVIDUALS WHO WORK IN OR FOR A VETERINA RY
186-HOSPITAL, AS DEFINED IN § 2–304.1 OF THE AGRICULTURE ARTICLE A VETERINARY
187-TECHNICIAN, AS DEFINED IN § 2–301 OF THE AGRICULTURE ARTICLE, OR OTHER
188-CLINICAL STAFF WHO W ORK IN OR FOR AN ANI MAL SHELTER, AS DEFINED IN § WES MOORE, Governor Ch. 589
181+18–313. 24
189182
190-– 5 –
191-2–1701 OF THE AGRICULTURE ARTICLE, OR AN ANIMAL CONTROL FACILITY, AS
192-DEFINED IN § 2–305 OF THE AGRICULTURE ARTICLE, TO ADMINISTER RABIES
193-VACCINES IF:
183+ The Secretary of Health shall provide a statewide system: 25
194184
195- (I) FOR AN INDIVIDUAL WOR KING IN OR FOR A VET ERINARY
196-HOSPITAL, THE VETERINARY HOSPITAL IS LICENSED UNDER § 2–304.1 OF THE
197-AGRICULTURE ARTICLE;
185+ (1) To control rabies; 26
198186
199- (II) FOR AN INDIVIDUAL WOR KING IN OR FOR AN AN IMAL
200-CONTROL FACILITY , THE THE ANIMAL SHELTER OR ANIMAL CONTROL FACIL ITY IS
201-LICENSED TO ADMINIST ER DRUGS UNDER § 2–305 OF THE AGRICULTURE ARTICLE;
202-AND
187+ (2) To grant authority to the public health veterinarian and the local health 27
188+officer in matters pertaining to the disposition of animals that bite or otherwise expose 28
189+rabies to an individual; 29
190+ SENATE BILL 390 5
203191
204- (III) THE RABIES VACCINE IS ADMINISTERED IN ACCO RDANCE
205-WITH APPLICABLE PROT OCOLS FOR LICENSED V ETERINARIANS
206192
207- (II) THE ANIMAL BEING VACC INATED IS UNDER THE CUSTODY
208-OR CONTROL OF AN ANI MAL SHELTER OR ANIMA L CONTROL FACILITY ;
193+ (3) To assist local political subdivisions regarding the laboratory testing of 1
194+rabid animals; 2
209195
210- (III) THE VETERINARY PRACTITIO NER WHO SIGNS THE RA BIES
211-VACCINATION CERTIFIC ATE HAS ENSURED THAT THE INDIVIDUAL ADMIN ISTERING
212-THE RABIES VACCINE W AS APPROPRIATELY TRA INED ON ADMINISTERIN G RABIES
213-VACCINES, INCLUDING PROPER STO RAGE, HANDLING, ADMINISTRATION , AND
214-MANAGEMENT OF ADVERSE REAC TIONS; AND
196+ (4) To treat each individual who is exposed or suspected of having been 3
197+exposed to rabies; [and] 4
215198
216- (IV) THE INDIVIDUAL ADMINI STERING THE VACCINE IS
217-IDENTIFIED ON THE RA BIES VACCINATION CER TIFICATE.
199+ (5) To distribute, in accordance with the conditions set by the Secretary of 5
200+Agriculture, the biological products that are needed to prevent and treat rabies; AND 6
218201
219- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
220-2023, the State Board of Veterinary Medical Examiners shall report to the General
221-Assembly, in accordance with § 2–1257 of the State Government Article, on:
202+ (6) TO ALLOW INDIVIDUALS WHO WORK IN OR FOR A VETERINA RY 7
203+HOSPITAL, AS DEFINED IN § 2–304.1 OF THE AGRICULTURE ARTICLE A VETERINARY 8
204+TECHNICIAN, AS DEFINED IN § 2–301 OF THE AGRICULTURE ARTICLE, OR OTHER 9
205+CLINICAL STAFF WHO W ORK IN OR FOR AN ANI MAL SHELTER , AS DEFINED IN § 10
206+2–1701 OF THE AGRICULTURE ARTICLE, OR AN ANIMAL CONTROL FACILITY, AS 11
207+DEFINED IN § 2–305 OF THE AGRICULTURE ARTICLE, TO ADMINISTER RABIES 12
208+VACCINES IF: 13
222209
223- (1) the status of establishing an expedited process for a veterinary
224-practitioner who holds a valid, current license to practice veterinary medicine in another
225-state or jurisdiction to become licensed to practice veterinary medicine in the State as
226-authorized under Section 1 of this Act; and
210+ (I) FOR AN INDIVIDUAL WORKING IN OR FOR A VETERINARY 14
211+HOSPITAL, THE VETERINARY HOSPI TAL IS LICENSED UNDE R § 2–304.1 OF THE 15
212+AGRICULTURE ARTICLE; 16
227213
228- (2) any financial support needed to implement the expedited process.
214+ (II) FOR AN INDIVIDUAL WOR KING IN OR FOR AN AN IMAL 17
215+CONTROL FACILITY , THE THE ANIMAL SHELTER OR ANIMAL CONTROL FACIL ITY IS 18
216+LICENSED TO ADMINISTER DRUGS UNDER § 2–305 OF THE AGRICULTURE ARTICLE; 19
217+AND 20
229218
230- SECTION 2. 3. AND BE IT FURTHER EN ACTED, That this Act shall take effect
231-October 1, 2023.
219+ (III) THE RABIES VACCINE IS ADMINISTERED IN ACCO RDANCE 21
220+WITH APPLICABLE PROT OCOLS FOR LICENSED V ETERINARIANS 22
232221
233-Approved by the Governor, May 8, 2023.
222+ (II) THE ANIMAL BEING VACC INATED IS UNDER THE CUSTODY 23
223+OR CONTROL OF AN ANIMAL SHELTER OR AN IMAL CONTROL FACILIT Y; 24
224+
225+ (III) THE VETERINARY PRACTI TIONER WHO SIGNS THE RABIES 25
226+VACCINATION CERTIFIC ATE HAS ENSURED THAT THE INDIVIDUAL ADMIN ISTERING 26
227+THE RABIES VACCINE W AS APPROPRIATELY TRA INED ON ADMINISTERIN G RABIES 27
228+VACCINES, INCLUDING PROPER STORAGE , HANDLING, ADMINISTRATION , AND 28
229+MANAGEMENT OF ADVERS E REACTIONS; AND 29
230+
231+ (IV) THE INDIVIDUAL ADMINI STERING THE VACCINE IS 30
232+IDENTIFIED ON THE RA BIES VACCINATION CER TIFICATE. 31
233+
234+ SECTION 2. AND BE IT FURTHER ENACTED, That, on or before Decemb er 1, 32
235+2023, the State Board of Veterinary Medical Examiners shall report to the General 33
236+Assembly, in accordance with § 2–1257 of the State Government Article, on: 34
237+ 6 SENATE BILL 390
238+
239+
240+ (1) the status of establishing an expedited process for a veterinary 1
241+practitioner who holds a valid, current license to practice veterinary medicine in another 2
242+state or jurisdiction to become licensed to practice veterinary medicine in the State as 3
243+authorized under Section 1 of this Act; and 4
244+
245+ (2) any financial support needed to implement the expedited process. 5
246+
247+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
248+October 1, 2023. 7
249+
250+
251+
252+
253+Approved:
254+________________________________________________________________________________
255+ Governor.
256+________________________________________________________________________________
257+ President of the Senate.
258+________________________________________________________________________________
259+ Speaker of the House of Delegates.