EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1097*
HOUSE BILL 1097
M4 4lr1340
By: Delegate Guyton
Introduced and read first time: February 7, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
State Board of Veterinary Medical Examiners – Veterinary Technicians and 2
Veterinary Assistants 3
FOR the purpose of authorizing a veterinary assistant to perform certain tasks under the 4
direct supervision of a veterinary practitioner or veterinary technician; authorizing 5
a veterinary technician to perform certain procedures, including certain emergency 6
procedures and euthanasia, under certain circumstances; requiring the State Board 7
of Veterinary Medical Examiners to develop by regulation a certain alternative 8
pathway for employed veterinary assistants to become veterinary technicians; and 9
generally relating to the State Board of Veterinary Medical Examiners and 10
veterinary technicians and veterinary assistants. 11
BY repealing and reenacting, without amendments, 12
Article – Agriculture 13
Section 2–301(a), (b), and (i) 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Agriculture 18
Section 2–301(c), (g), and (j) 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Agriculture 23
Section 2–301(c–1), (c–2), and (h–1) and 2–309.1 24
Annotated Code of Maryland 25
(2016 Replacement Volume and 2023 Supplement) 26
2 HOUSE BILL 1097
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Agriculture 3
2–301. 4
(a) In this subtitle the following words have the meanings indicated. 5
(b) “Board” means the State Board of Veterinary Medical Examiners. 6
(c) “Direct supervision” means that [a] THE SUPERVISING veterinarian WHO IS 7
licensed and registered in the State [is in the immediate vicinity where veterinary medicine 8
is being performed and is actively engaged in the supervision of the practice of veterinary 9
medicine]: 10
(1) IS ON THE PREMISES OF TH E ANIMAL TREATMENT F ACILITY; 11
(2) IS AVAILABLE ON AN IMME DIATE BASIS; AND 12
(3) HAS GIVEN WRITTEN OR ORAL INSTRUCTIONS FO R TREATMENT 13
OF THE ANIMAL PATIEN TS INVOLVED. 14
(C–1) “IMMEDIATE SUPERVISION” MEANS THE SUPERVISIN G VETERINARIAN 15
WHO IS LICENSED AND REGISTERED IN THE STATE IS IN THE IMMEDI ATE AREA AND 16
WITHIN AUDIBLE AND V ISUAL RANGE OF THE A NIMAL PATIENT AND TH E PERSON 17
TREATING THE PATIENT . 18
(C–2) “INDIRECT SUPERVISION ” MEANS THE SU PERVISING VETERINARI AN 19
WHO IS LICENSED AND REGISTERED IN THE STATE: 20
(1) IS NOT REQUIRED TO BE IN THE SAME FACILITY OR IN CLOSE 21
PROXIMITY TO THE IND IVIDUAL BEING SUPERV ISED; AND 22
(2) (I) HAS GIVEN WRITTEN OR ORAL INSTRUCTIONS FO R 23
TREATMENT OF THE ANI MAL PATIENTS INVOLVED ; 24
(II) IS AVAILABLE TO PROVI DE SUPERVISION BY EL ECTRONIC 25
OR TELEPHONIC MEANS ; AND 26
(III) HAS ARRANGED FOR TELE PHONIC CONSULTATION WITH A 27
LICENSED VETERINARIA N, IF NECESSARY. 28
HOUSE BILL 1097 3
(g) [The term “practice] “PRACTICE of veterinary medicine” does not include or 1
apply to: 2
(1) Any person practicing veterinary medicine in the performance of civil 3
or military official duties in the service of the United States or of the State; 4
(2) Experimentation and scientific research of biological chemists or 5
technicians engaged in the study and development of methods and techniques, directly or 6
indirectly related or applicable to the problems of the practice of veterinary medicine; 7
(3) A person who advises with respect to or performs acts which the Board, 8
by rule or regulation, has prescribed as accepted management practices in connection with 9
livestock production; 10
(4) A physician licensed to practice medicine in the State or to his assistant 11
while engaged in educational research; 12
(5) A person administering to the ills and injuries of his own animals if 13
they otherwise comply with all laws, rules and regulations relative to the use of medicines 14
and biologics; 15
(6) A farrier or a person actively engaged in the art or profession of 16
horseshoeing as long as his actions are limited to the art of horseshoeing or trimming and 17
maintaining horse hooves; 18
(7) Any nurse, attendant, technician, intern, or other employee of a 19
licensed and registered veterinarian when administering medication or rendering auxiliary 20
or supporting assistance under the responsible direct supervision of a licensed and 21
registered veterinarian; 22
(8) A person who floats (files) equine teeth or removes caps; 23
(9) A person who scales or cleans animal teeth; 24
(10) A [registered] veterinary technician when performing a procedure 25
[under the responsible direct supervision of a veterinary practitioner as provided by 26
regulations adopted by the Board] IN ACCORDANCE WITH § 2–309.1 OF THIS SUBTITLE ; 27
(11) A person practicing acupuncture in accordance with the principles of 28
oriental medical theories if the person: 29
(i) Is licensed under Title 1A of the Health Occupations Article; 30
(ii) Is certified as an animal acupuncturist by the Board of 31
Acupuncture; 32
(iii) Practices only acupuncture, acupressure, and moxibustion; 33 4 HOUSE BILL 1097
(iv) Cooperates and consults with a veterinary practitioner by: 1
1. Beginning acupuncture treatment on an animal only if the 2
animal has been seen by a veterinary practitioner within the previous 14 days; 3
2. Adhering to the terms and conditions of treatment decided 4
by the veterinary practitioner, including the degree of communication and collaboration 5
between the veterinary practitioner and the person practicing acupuncture; 6
3. Reporting to the veterinary practitioner at the end of 7
treatment or at monthly intervals, at the discretion of the veterinary practitioner; and 8
4. Not working on an animal for which the person has not 9
been appropriately trained, in accordance with regulations adopted by the Board of 10
Acupuncture; and 11
(v) Has successfully completed a specialty training program in 12
animal acupuncture that: 13
1. Is approved by the Board of Acupuncture; 14
2. Is offered by a school holding nationally recognized 15
accreditation; 16
3. Consists of at least 135 hours; and 17
4. Enables the person to: 18
A. Design effective treatments of animals based on 19
traditional acupuncture theories and principles, including appropriate knowledge of 20
functional animal anatomy and physiology; 21
B. Handle and restrain animals to the extent appropriate in 22
the practice of acupuncture; 23
C. Demonstrate sufficient knowledge of animal diseases and 24
zoonoses that would require the immediate attention of a veterinary practitioner; and 25
D. Communicate effectively with a veterinary practitioner; 26
(12) A veterinarian licensed in another jurisdiction while consulting with a 27
veterinary practitioner in this State; or 28
(13) A student of veterinary medicine practicing veterinary medicine who 29
has successfully completed 3 years of veterinary education at an institution approved by 30 HOUSE BILL 1097 5
the Board and who works under the responsible direct supervision, as defined by the Board, 1
of a veterinary practitioner. 2
(H–1) “VETERINARY ASSISTANT ” MEANS A PERSON WHO : 3
(1) AIDS A VETERINARIAN O R VETERINARY TECHNIC IAN IN PATIENT 4
CARE; AND 5
(2) IS NOT QUALIFIED AS A CREDENTIALED VETERIN ARY 6
TECHNICIAN. 7
(i) “Veterinary practitioner” means a licensed and registered veterinarian 8
engaged in the practice of veterinary medicine. 9
(j) (1) “Veterinary technician” means a person who [is registered with the 10
Board as a veterinary technician]: 11
(I) IS TRAINED THROUGH AN AMERICAN VETERINARY 12
MEDICAL ASSOCIATION ACCREDITED PROGRAM A ND ASSISTS A VETERIN ARIAN 13
WITH DIVERSE MEDICAL TASKS; AND 14
(II) 1. A. IS A GRADUATE OF AN AMERICAN VETERINARY 15
MEDICAL ASSOCIATION ACCREDITED VETERINAR Y TECHNOLOGY OR VETE RINARY 16
NURSING PROGRAM ; 17
B. HAS PASSED THE VETERINARY TECHNICIAN 18
NATIONAL EXAM; AND 19
C. IS CREDENTIALED AS HA VING THE APPROPRIATE 20
TRAINING AND EXPERIE NCE BY A STATE GOVER NMENT OR AN ORGANIZA TION 21
RECOGNIZED BY THE NATIONAL ASSOCIATION OF VETERINARY TECHNICIANS IN 22
AMERICA TO ISSUE THE CREDENTIAL; OR 23
2. BEFORE OCTOBER 1, 2027, MEETS THE 24
REQUIREMENTS UNDER AN ALTERNATIVE PATHWAY IN ACCORDANC E WITH 25
REGULATIONS ADOPTED BY THE BOARD. 26
(2) “VETERINARY TECHNICIAN ” INCLUDES A VETERINAR Y NURSE. 27
2–309.1. 28
(A) A VETERINARY ASSISTANT MAY PERFOR M THE FOLLOW ING TASKS 29
UNDER THE DIRECT SUPERVISION O F A VETERINARY PRACT ITIONER OR 30
VETERINARY TECHNICIA N: 31 6 HOUSE BILL 1097
(1) OBTAINING AND MONITOR ING VITALS ON A NONA NESTHETIZED 1
PATIENT; 2
(2) RADIOGRAPHS ; 3
(3) DENTAL PROPHYLAXIS ; 4
(4) NAIL TRIMS; 5
(5) EDUCATING ON BASIC TOPICS; 6
(6) ADMINISTERING MEDICATIONS ; 7
(7) HUSBANDRY; 8
(8) ANESTHESIA MONITORING ; 9
(9) COLLECTING URINE AND FECAL SAMPLES ; 10
(10) ASEPTIC TECHNIQUES ; 11
(11) SETUP FOR SURGERY AND OTHER PROCEDURES ; 12
(12) LOW–STRESS HANDLING AND RESTRAINT; 13
(13) MICROCHIP INSERTION ; AND 14
(14) ANY OTHER SKILL THAT IS NONINVASIVE AND W ITHIN THE 15
VETERINARY ASSISTANT ’S SKILLS AS DETERMIN ED BY THE SUPERVISIN G 16
VETERINAR Y PRACTITIONER . 17
(B) SUBJECT TO SUBSECTION S (C) AND (D) OF THIS SECTION, A VETERINARY 18
TECHNICIAN MAY PERFO RM THE FOLLOWING PRO CEDURES UNDER THE DI RECT 19
SUPERVISION OF A VET ERINARY PRACTITIONER : 20
(1) INDUCING ANESTHESIA B Y INTRAMUSCULAR INJE CTION, 21
INHALATION, OR INTRAVENOUS INJEC TION; 22
(2) SIMPLE DENTAL EXTRACT IONS OF LOOSE TEETH THAT DO NOT 23
INVOLVE FLAPS OR TOO TH SECTIONING ; 24
(3) BASIC SUTURING SKILLS , INCLUDING: 25 HOUSE BILL 1097 7
(I) SUTURING OF EXISTING SURGICAL SKIN OR GIN GIVAL 1
INCISIONS; AND 2
(II) SUTURE AND STAPLE REM OVAL; 3
(4) ACCESSING A SMALL WORKING STOCK OF SCHEDULE II DRUGS 4
UNDER SEPARATE LOCK AND FILLING PRESCRIP TIONS; 5
(5) CYTOLOGY; 6
(6) ADMINISTERING VACCINE S, EXCLUDING RABIES VAC CINES 7
UNLESS OTHERWISE AUT HORIZED BY LAW ; 8
(7) PHLEBOTOMY , BLOOD TYPING , AND MONITORING BLOOD 9
PRODUCT TRANSFUSION ; 10
(8) URINARY AND INTRAVENO US CATHETER CARE ; 11
(9) CYSTOCENTESIS ; 12
(10) GASTRIC AND TRACHEAL INTUBATION; 13
(11) MEDICATION AND FLUID THERAPY CALCULATIONS ; 14
(12) BASIC LIFE SUPPORT IN CARDIOPULMONARY RESU SCITATION; 15
(13) OPHTHALMOLOGICAL TEST ING; 16
(14) FINE NEEDLE ASPIRATES ; AND 17
(15) ANY OTHER PROCEDURE A UTHORIZED BY REGULAT IONS 18
ADOPTED BY THE BOARD. 19
(C) A VETERINARY TECHNICIA N MAY PERFORM A PROC EDURE LISTED 20
UNDER SUBSECTION (B) (1) THROUGH (15) OF THIS SECTION UNDER THE INDIRECT 21
SUPERVISION OF A VET ERINARY PRACTITIONER IF THE VETERINARY PR ACTITIONER 22
DETERMINES THE VETER INARY TECHNICIAN IS QUALIFIED TO PERFORM THE 23
PROCEDURE . 24
(D) A VETERINARY TECHNICIAN MAY NOT : 25
(1) MAKE ANY DIAGNOSIS OR PROGNOSIS; 26 8 HOUSE BILL 1097
(2) PRESCRIBE ANY TREATME NTS, DRUGS, MEDICATIONS , OR 1
APPLIANCES; OR 2
(3) PERFORM SURGERY . 3
(E) UNDER EMERGENCY CONDI TIONS ONLY, A VETERINARY TECHNIC IAN 4
MAY PERFORM THE FOLL OWING PROCEDURES BEFORE A VET ERINARY 5
PRACTITIONER ’S INITIAL EXAMINATION OF AN ANIMAL: 6
(1) LIFE SUPPORT CARE , INCLUDING BASIC AND ADVANCED 7
CARDIOPULMONARY RESU SCITATION; AND 8
(2) ANY OTHER PROCEDURE A UTHORIZED BY REGULAT IONS 9
ADOPTED BY THE BOARD. 10
(F) (1) AT THE DISCRETION OF THE VE TERINARY PRACTITIONE R, A 11
VETERINARY TECHNICIA N EMPLOYED AT AN ANIMAL EMERGENCY HOSPITAL , AS 12
DESIGNATED BY THE BOARD, MAY PERFORM EUTHANASIA ON AN ANI MAL IF THE 13
ANIMAL IS UNABLE TO BE SAVE D BY SUPPORTIVE CARE , FIRST AID, OR LIFE 14
SUPPORT MEASURES. 15
(2) A VETERINARY TECHNICIA N WHO WORKS IN OR FO R AN ANIMAL 16
SHELTER, AS DEFINED IN § 2–1701 OF THIS TITLE, MAY PERFORM EUTHANAS IA ON 17
AN ANIMAL AT THE ANI MAL SHELTER . 18
SECTION 2. AND BE IT FURTHER ENACTED, That: 19
(a) In this section, “veterinary technician” has the meaning stated under § 2–301 20
of the Agriculture Article, as enacted under Section 1 of this Act. 21
(b) Subject to subsections (c) and (d) of this section, the State Board of Veterinary 22
Medical Examiners shall develop by regulation an alternative pathway for currently 23
employed veterinary assistants to become veterinary technicians. 24
(c) (1) The regulations adopted under subsection (b) of this section shall 25
require: 26
(i) a recommendation from a practicing veterinary practitioner in 27
the State who has employed the veterinary assistant for at least 2 years; 28
(ii) appropriate assessment, including a passing score on the 29
Veterinary Technician National Exam; and 30
HOUSE BILL 1097 9
(iii) appropriate training and experience, as indicated by a credential 1
from a state government or an organization recognized by the National Association of 2
Veterinary Technicians in America to issue the credential. 3
(2) The regulations may not require a full veterinary technician program 4
but may require a limited number of credits as determined necessary by the Board. 5
(d) The alternative pathway established under this section shall be available for 6
employed veterinary assistants only until September 30, 2027, inclusive. 7
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2024. 9