Maryland 2024 2024 Regular Session

Maryland House Bill HB1097 Enrolled / Bill

Filed 04/10/2024

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