Maryland 2024 Regular Session

Maryland House Bill HB1097 Latest Draft

Bill / Chaptered Version Filed 05/15/2024

                             	WES MOORE, Governor 	Ch. 487 
 
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Chapter 487 
(House Bill 1097) 
 
AN ACT concerning 
 
State Board of Veterinary Medical Examiners – Veterinary Technicians and 
Veterinary Assistants 
 
FOR the purpose of authorizing a veterinary assistant to perform certain tasks under the 
immediate or direct supervision of a veterinary practitioner or veterinary technician; 
authorizing a veterinary technician to perform certain procedures, including certain 
emergency procedures and euthanasia, under certain circumstances; requiring the 
State Board of Veterinary Medical Examiners to develop by regulation a certain 
alternative pathway for employed veterinary assistants to become veterinary 
technicians; and generally relating to the State Board of Veterinary Medical 
Examiners and veterinary technicians and veterinary assistants.  
 
BY repealing and reenacting, without amendments, 
 Article – Agriculture 
Section 2–301(a), (b), and (i) 
 Annotated Code of Maryland 
 (2016 Replacement Volume and 2023 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Agriculture 
Section 2–301(c), (g), and (j) 
 Annotated Code of Maryland 
 (2016 Replacement Volume and 2023 Supplement) 
 
BY adding to 
 Article – Agriculture 
Section 2–301(c–1), (c–2), and (h–1) and 2–309.1 
 Annotated Code of Maryland 
 (2016 Replacement Volume and 2023 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Agriculture 
 
2–301. 
 
 (a) In this subtitle the following words have the meanings indicated. 
 
 (b) “Board” means the State Board of Veterinary Medical Examiners. 
  Ch. 487 	2024 LAWS OF MARYLAND  
 
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 (c) “Direct supervision” means that [a] THE SUPERVISING veterinarian WHO IS 
licensed and registered in the State [is in the immediate vicinity where veterinary medicine 
is being performed and is actively engaged in the supervision of the practice of veterinary 
medicine]: 
 
 (1) IS ON THE PREMISES OF THE ANIMAL TREATMENT FACILITY;  
 
 (2) IS AVAILABLE ON AN IM MEDIATE BASIS; AND 
 
 (3) HAS GIVEN WRITTEN OR ORAL INSTRUCTIONS FO R TREATMENT 
OF THE ANIMAL PATIEN TS INVOLVED. 
 
 (C–1) “IMMEDIATE SUPERVISION ” MEANS THE SUPERVISIN G VETERINARIAN 
WHO IS LICENSED AND REGISTERED IN THE STATE IS IN THE IMMEDIATE ARE A AND 
WITHIN AUDIBLE AND V ISUAL RANGE OF THE A NIMAL PATIENT AND TH E PERSON 
TREATING THE PATIENT . 
 
 (C–2) “INDIRECT SUPERVISION ” MEANS THE SUPERVISIN G VETERINARIAN 
WHO IS LICENSED AND REGISTERED IN THE STATE: 
 
 (1) IS NOT REQUIRED TO BE IN THE SAME FACILITY OR IN CLOSE 
PROXIMITY TO THE IND IVIDUAL BEING SUPERV ISED; AND 
 
 (2) (I) HAS GIVEN WRITTEN OR ORAL INSTRUCTIONS FO R 
TREATMENT OF THE ANI MAL PATIENTS PATIENT INVOLVED;  
 
 (II) IS AVAILABLE TO PROVI DE SUPERVISION BY EL ECTRONIC 
OR TELEPHONIC MEANS ; AND  
 
 (III) HAS ARRANGED FOR TELE PHONIC CONSULTATION WITH A 
LICENSED VETERINARIA N, IF NECESSARY. 
 
 (g) [The term “practice] “PRACTICE of veterinary medicine” does not include or 
apply to: 
 
 (1) Any person practicing veterinary medicine in the performance of civil 
or military official duties in the service of the United States or of the State; 
 
 (2) Experimentation and scientific research of biological chemists or 
technicians engaged in the study and development of methods and techniques, directly or 
indirectly related or applicable to the problems of the practice of veterinary medicine; 
   	WES MOORE, Governor 	Ch. 487 
 
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 (3) A person who advises with respect to or performs acts which the Board, 
by rule or regulation, has prescribed as accepted management practices in connection with 
livestock production; 
 
 (4) A physician licensed to practice medicine in the State or to his assistant 
while engaged in educational research; 
 
 (5) A person administering to the ills and injuries of his own animals if 
they otherwise comply with all laws, rules and regulations relative to the use of medicines 
and biologics; 
 
 (6) A farrier or a person actively engaged in the art or profession of 
horseshoeing as long as his actions are limited to the art of horseshoeing or trimming and 
maintaining horse hooves; 
 
 (7) Any nurse, attendant, technician, intern, or other employee of a 
licensed and registered veterinarian when administering medication or rendering auxiliary 
or supporting assistance under the responsible direct supervision of a licensed and 
registered veterinarian; 
 
 (8) A person who floats (files) equine teeth or removes caps; 
 
 (9) A person who scales or cleans animal teeth; 
 
 (10) A [registered] veterinary technician when performing a procedure 
[under the responsible direct supervision of a veterinary practitioner as provided by 
regulations adopted by the Board] IN ACCORDANCE WITH § 2–309.1 OF THIS SUBTITLE ; 
 
 (11) A person practicing acupuncture in accordance with the principles of 
oriental medical theories if the person: 
 
 (i) Is licensed under Title 1A of the Health Occupations Article; 
 
 (ii) Is certified as an animal acupuncturist by the Board of 
Acupuncture; 
 
 (iii) Practices only acupuncture, acupressure, and moxibustion; 
 
 (iv) Cooperates and consults with a veterinary practitioner by: 
 
 1. Beginning acupuncture treatment on an animal only if the 
animal has been seen by a veterinary practitioner within the previous 14 days; 
 
 2. Adhering to the terms and conditions of treatment decided 
by the veterinary practitioner, including the degree of communication and collaboration 
between the veterinary practitioner and the person practicing acupuncture;  Ch. 487 	2024 LAWS OF MARYLAND  
 
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 3. Reporting to the veterinary practitioner at the end of 
treatment or at monthly intervals, at the discretion of the veterinary practitioner; and 
 
 4. Not working on an animal for which the person has not 
been appropriately trained, in accordance with regulations adopted by the Board of 
Acupuncture; and 
 
 (v) Has successfully completed a specialty training program in 
animal acupuncture that: 
 
 1. Is approved by the Board of Acupuncture; 
 
 2. Is offered by a school holding nationally recognized 
accreditation; 
 
 3. Consists of at least 135 hours; and 
 
 4. Enables the person to: 
 
 A. Design effective treatments of animals based on 
traditional acupuncture theories and principles, including appropriate knowledge of 
functional animal anatomy and physiology; 
 
 B. Handle and restrain animals to the extent appropriate in 
the practice of acupuncture; 
 
 C. Demonstrate sufficient knowledge of animal diseases and 
zoonoses that would require the immediate attention of a veterinary practitioner; and 
 
 D. Communicate effectively with a veterinary practitioner; 
 
 (12) A veterinarian licensed in another jurisdiction while consulting with a 
veterinary practitioner in this State; or 
 
 (13) A student of veterinary medicine practicing veterinary medicine who 
has successfully completed 3 years of veterinary education at an institution approved by 
the Board and who works under the responsible direct supervision, as defined by the Board, 
of a veterinary practitioner. 
 
 (H–1) “VETERINARY ASSISTANT ” MEANS A PERSON WHO : 
 
 (1) AIDS A VETERINARIAN O R VETERINARY TECHNIC IAN IN PATIENT 
CARE; AND  
   	WES MOORE, Governor 	Ch. 487 
 
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 (2) IS NOT QUALIFIED AS A CREDE NTIALED REGISTERED WITH THE 
BOARD AS A VETERINARY TECHNICIA N. 
 
 (i) “Veterinary practitioner” means a licensed and registered veterinarian 
engaged in the practice of veterinary medicine. 
 
 (j) (1) “Veterinary technician” means a person who [is registered with the 
Board as a veterinary technician]: 
 
 (I) IS TRAINED THROUGH AN AMERICAN VETERINARY 
MEDICAL ASSOCIATION ACCREDITE D PROGRAM AND ASSIST S A VETERINARIAN 
WITH DIVERSE MEDICAL TASKS; AND 
 
 (II) 1. A. IS A GRADUATE OF AN AMERICAN VETERINARY 
MEDICAL ASSOCIATION ACCREDITE D VETERINARY TECHNOL OGY OR VETERINARY 
NURSING PROGRAM ;  
 
 B. HAS PASSED THE VETERINARY TECHNICIAN 
NATIONAL EXAM; AND  
 
 C. IS CREDENTIALED AS HA VING THE APPROPRIATE 
TRAINING AND EXPERIE NCE BY A STATE GOVER NMENT OR AN ORGANIZA TION 
RECOGNIZED BY THE NATIONAL ASSOCIATION OF VETERINARY TECHNICIANS IN 
AMERICA TO ISSUE THE CREDENTIAL; OR 
 
 2. BEFORE OCTOBER 1, 2027, MEETS THE 
REQUIREMENTS UNDER AN ALTERNATIVE PATHWAY IN ACCORDANCE WITH 
REGULATIONS ADOPTED BY THE BOARD. 
 
 (2) “VETERINARY TECHNICIAN ” INCLUDES A VETERINAR Y NURSE. 
 
2–309.1. 
 
 (A) A VETERINARY ASSISTANT MAY PERFORM THE FOLL OWING TASKS 
UNDER THE DIRECT SUP ERVISION OF A VETERI NARY PRACTITIONER OR 
VETERINARY TECHNICIA N UNDER THE DIRECT SUP ERVISION OF A VETERI NARY 
PRACTITIONER : 
 
 (1) OBTAINING AND MONITOR ING VITALS ON A NONA NESTHETIZED 
PATIENT; 
 
 (2) RADIOGRAPHS ;  
 
 (3) DENTAL PROPHYLAXIS ;   Ch. 487 	2024 LAWS OF MARYLAND  
 
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 (4) NAIL TRIMS; 
 
 (5) EDUCATING ON BASIC TO PICS;  
 
 (6) ADMINISTERING MEDICAT IONS;  
 
 (7) HUSBANDRY;  
 
 (8) ANESTHESIA MONITORING ; 
 
 (9) (8) COLLECTING URINE BLOOD, URINE, AND FECAL SAMPLES; 
 
 (10) (9) ASEPTIC TECHNIQUES ; 
 
 (11) (10) SETUP FOR SURGERY AND OTHER PROCEDURES ; 
 
 (12) (11) LOW–STRESS HANDLING AND RESTRAINT; 
 
 (13) (12) MICROCHIP INSERTION ; AND 
 
 (14) (13) ANY OTHER SKILL THAT IS NONINVASIVE, AS DEFINED BY 
THE BOARD, AND WITHIN THE VETER INARY ASSISTANT ’S SKILLS AS DETERMIN ED BY 
THE SUPERVISING VETE RINARY PRACTITIONER . 
 
 (B) A VETERINARY ASSISTANT MAY PERFORM THE FOLL OWING TASKS 
UNDER THE IMMEDIATE SUPERVISION OF A VET ERINARY PRACTITIONER OR 
VETERINARY TECHNICIA N: 
 
 (1) SET UP OF ANESTHESIA ; AND 
 
 (2) ANESTHESIA MONITORING . 
 
 (C) SUBJECT TO SUBSECTIONS (C) AND (D) SUBSECTION (E) OF THIS 
SECTION, A VETERINARY TECHNIC IAN MAY PERFORM THE 	FOLLOWING 
PROCEDURES UNDER THE DIRECT SUPERVISION O F A VETERINARY PRACT ITIONER:  
 
 (1) INDUCING ANESTHESIA B Y INTRAMUSCULAR INJE CTION, 
INHALATION, OR INTRAVENOUS INJEC TION;  
 
 (2) SIMPLE DENTAL EXTRACT IONS OF LOOSE TEETH THAT DO NOT 
INVOLVE FLAPS OR TOO TH SECTIONING ;  
 
 (3) BASIC SUTURING SKILLS , INCLUDING:   	WES MOORE, Governor 	Ch. 487 
 
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 (I) SUTURING OF EXISTING SURGICAL SK IN OR GINGIVAL 
INCISIONS; AND 
 
 (II) SUTURE AND STAPLE REM OVAL;  
 
 (4) ACCESSING A SMALL WOR KING STOCK OF SCHEDULE II DRUGS 
UNDER SEPARATE LOCK AND FILLING PRESCRIP TIONS;  
 
 (5) CYTOLOGY; 
 
 (6) ADMINISTERING VACCINE S, EXCLUDING RAB IES VACCINES 
UNLESS OTHERWISE AUT HORIZED BY LAW ;  
 
 (7) PHLEBOTOMY , BLOOD TYPING , AND MONITORING BLOOD 
PRODUCT TRANSFUSION ;  
 
 (8) URINARY AND INTRAVENO US CATHETER CARE ;  
 
 (9) CYSTOCENTESIS ;  
 
 (10) GASTRIC AND TRACHEAL INTUBATION;  
 
 (11) MEDICATION AND FLUID THERAPY CA LCULATIONS; 
 
 (12) BASIC LIFE SUPPORT IN CARDIOPULMONARY RESU SCITATION;  
 
 (13) OPHTHALMOLOGICAL TEST ING;  
 
 (14) FINE NEEDLE ASPIRATES ; AND 
 
 (15) ANY OTHER PROCEDURE A	UTHORIZED BY REGULAT IONS 
ADOPTED BY THE BOARD. 
 
 (C) (D) A VETERINARY TECHNICIA N MAY PERFORM A PROC EDURE LISTED 
UNDER SUBSECTION (B) (1) THROUGH (15) (A)(1) THROUGH (13) OF THIS SECTION 
UNDER THE INDIRECT S UPERVISION OF A VETE RINARY PRACTITIONER IF THE 
VETERINARY PRACTITIO NER DETERMINES THE V ETERINARY TECHNICIAN IS 
QUALIFIED TO PERFORM THE PROCEDURE . 
 
 (D) (E) A VETERINARY TECHNICIA N MAY NOT: 
 
 (1) MAKE ANY DIAGNOSIS OR PROGNOSIS;  
  Ch. 487 	2024 LAWS OF MARYLAND  
 
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 (2) PRESCRIBE ANY TREATME NTS, DRUGS, MEDICATIONS , OR 
APPLIANCES; OR 
 
 (3) PERFORM SURGERY .  
 
 (E) (F) UNDER EMERGENCY CONDI TIONS ONLY , A VETERINARY 
TECHNICIAN MAY PERFO RM THE FOLLOWING PRO CEDURES BEFORE A VET ERINARY 
PRACTITIONER ’S INITIAL EXAMINATIO N OF AN ANIMAL:  
 
 (1) LIFE SUPPORT CARE , INCLUDING BASIC AND ADVANCED 
CARDIOPULMONARY RESU SCITATION; AND 
 
 (2) ANY OTHER PROCEDURE A	UTHORIZED BY REGULAT IONS 
ADOPTED BY THE BOARD. 
 
 (F) (G) (1) AT THE DISCRETION OF THE VETERINARY PRACT ITIONER, A 
VETERINARY TECHNICIA N EMPLOYED AT AN ANI MAL EMERGENCY HOSPIT AL, AS 
DESIGNATED BY THE BOARD DEFINED IN REGULATIO NS ADOPTED BY THE BOARD, 
MAY PERFORM EUTHANAS IA ON AN ANIMAL IF T HE ANIMAL IS UNABLE TO BE SAVED 
BY SUPPORTIVE CARE , FIRST AID, OR LIFE SUPPORT MEAS URES. 
 
 (2) A VETERINARY TECHNICIA N WHO WORKS IN OR FO R AN ANIMAL 
SHELTER, AS DEFINED IN § 2–1701 OF THIS TITLE, MAY PERFORM EUTHANAS IA ON 
AN ANIMAL AT THE ANI MAL SHELTER .  
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 
 
 (a) In this section, “veterinary technician” has the meaning stated under § 2–301 
of the Agriculture Article, as enacted under Section 1 of this Act. 
 
 (b) Subject to subsections (c) and (d) of this section, the State Board of Veterinary 
Medical Examiners shall develop by regulation an alternative pathway for currently 
employed veterinary assistants to become veterinary technicians.  
 
 (c) (1) The regulations adopted under subsection (b) of this section shall 
require: 
 
 (i) a recommendation from a practicing veterinary practitioner in 
the State who has employed the veterinary assistant for at least 2 years;  
 
 (ii) appropriate assessment, including a passing score on the 
Veterinary Technician National Exam; and 
   	WES MOORE, Governor 	Ch. 487 
 
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 (iii) appropriate training and experience, as indicated by a credential 
from a state government or an organization recognized by the National Association of 
Veterinary Technicians in America to issue the credential. 
 
 (2) The regulations may not require a full veterinary technician program 
but may require a limited number of credits as determined necessary by the Board. 
 
 (d) The alternative pathway established under this section shall be available for 
employed veterinary assistants only until September 30, 2027, inclusive. 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2024.  
 
Approved by the Governor, May 9, 2024.