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2010 Legislation and
Regulatory Proposals Affecting Maryland Veterinarians
by Laura C. Downes,
Executive Director, Maryland State Board of Veterinary Medical
Examiners
Senate Bill 81
In April 2010, Governor O’Malley signed into law Senate Bill
81. This bill provides the State Board of Veterinary Medical
Examiners (SBVME) the authority to increase the civil
penalty for a licensee from $5,000 to $10,000 for any
violation of the SBVME’s laws or regulations. While $10,000
is the maximum that can be sanctioned in any one
case—regardless of the number of violations committed—the
maximum penalty can only be issued for a second or
subsequent offense. For first-time violators, the SBVME
retains the authority to issue a maximum civil penalty of
$5,000.
Prior to the signing of SB 81, the SBVME’s penalty had
remained the same for over 25 years. The maximum civil
penalty of $10,000 may be utilized by the SBVME in those
instances where the licensee has a long history of
disciplinary actions that, when considered individually, are
not particularly egregious, but given the number of
violations over time, the civil penalties have increased
with each case. The maximum penalty may be imposed as a
final warning prior to revocation. It may also be used in
serious cases, including, but not limited to, those
involving animal abuse or neglect.
This law will go into effect on October 1, 2010.
Amendments and Adoptions to the Code of Maryland
Regulations
In late May 2010, the Maryland General Assembly’s Joint
Committee on Administrative, Executive & Legislative Review
approved a request by the SBVME for emergency approval of
amendments to Chapters .01 and .11, and adoption of new
Chapter .17 (Requirements for Practical Training of
Veterinary Students). In mid-June 2010, the SBVME’s proposed
changes were published in The Maryland Register, marking the
beginning of a 30-day public comment period. Provided the
SBVME makes no substantive changes to its proposal following
the public comment period, the amendments and adoptions are
expected to become officially promulgated by mid-to-late
August. Following is the proposed amended language, which
appears italicized and in bold typeface:
Chapter .01 Standards of Practice and Code of Ethics for the
Practice of Veterinary Medicine in the State
Regulation .10 – Record Keeping.
D. A veterinarian shall label each radiograph and any
other diagnostic image or picture with the
hospital, clinic, or veterinarian’s name, patient's
name, the owner's name, and the date the image or
picture was taken. Diagnostics include, but
are not limited to, the following:
(1) Ultrasound;
(2) Magnetic resonance imaging (MRI);
(3) Computed tomography (CT) scans; and
(4) Any other device that is used to generate an image of a
patient.
Chapter .11 Civil Penalty Standards for Veterinarians
Regulation .03 Violations.
The Board may impose a penalty
on a veterinarian who does any of the following:
J. Employs or permits a
veterinarian who does not possess a current veterinary
registration to practice veterinary medicine;
Following is proposed new language for adoption, which
appears italicized and in bold typeface:
Chapter .17 Requirements for Practical Training of
Veterinary Students
.01 Purpose.
The purpose of this chapter is to establish the terms and
conditions under which a veterinarian may supervise the
practical training of a veterinary medical student.
.02 Application.
This chapter applies to all veterinary practitioners in the
State who supervise veterinary medical students who practice
veterinary medicine.
.03 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “AVMA” means the
American Veterinary Medical Association.
(2) “Board” means the State Board of Veterinary Medical
Examiners.
(3) “Responsible direct supervision” means competent,
immediate, and active supervision by a veterinary
practitioner. The veterinary practitioner shall be:
(a) In the immediate vicinity of where the work is being
performed; and
(b) Actively engaged in supervising this work throughout the
entire period it is being performed, including:
(i) Providing clear and specific directions on what work is
to be done,
(ii) Being cognizant of how the assigned work is being
performed, and
(iii) Being immediately available to provide advice when the
assigned work is being performed.
(4) “Shelter owner” means
a person who rents, leases, or otherwise has control of the
premises where the facility is located.
(5) “Veterinary
practitioner” means a licensed and registered veterinarian
engaged in the practice of veterinary medicine.
(6) “Veterinary preceptee”
means 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 of a
veterinary practitioner.
.04 Requirements of Veterinary Practitioners.
A veterinary practitioner who offers practical training to a
veterinary medical school student shall:
A. Ensure that the
veterinary medical school student meets the definition of a
veterinary preceptee, or extern, before permitting the
student to practice veterinary medicine under the
responsible direct supervision of the veterinary
practitioner.
B. Provide responsible
direct supervision to the veterinary preceptee at all times
the veterinary preceptee is working with a patient.
C. Upon request by the
Board, or the Board’s representative, provide written
documentation evidencing the validity of the practical
training instruction being given by the veterinary
practitioner to the veterinary preceptee. This documentation
shall indicate, at a minimum, that the veterinary medical
school student has been approved, by the veterinary medical
college at which the student is enrolled, to participate in
practical training. This documentation shall be maintained
at the hospital where the veterinary practitioner is
employed.
.05 Written Approval from Client.
Before allowing a veterinary preceptee to perform surgery on
a patient unassisted by the veterinary practitioner, the
veterinary practitioner shall obtain written approval from
the client. This written approval shall include, at a
minimum, the following information:
A. Client’s name;
B. Pet’s name;
C. A statement which
indicates the following:
(1) The number of years
successfully completed by the veterinary preceptee at an
AVMA-accredited school of veterinary medicine;
(2) The veterinary practitioner providing responsible direct
supervision to the veterinary preceptee is educationally,
medically, and legally responsible for any medical,
surgical, diagnostic, and therapeutic decisions made by the
veterinary preceptee;
(3) Any unassisted surgical procedures will be carried out
only when the veterinary practitioner is providing direct
supervision;
D. A statement that any
and all questions about the work to be performed by the
veterinary preceptee on the client’s pet have been answered
to the client’s satisfaction;
E. A statement or list of
procedures to be performed that the client can either accept
or reject;
F. The client’s, or
authorized agent’s, printed name and signature;
G. The veterinary
practitioner’s printed name and signature; and
H. The date the written
form is completed.
.06 Written Approval from Humane Society or Animal Shelter.
Provided an animal upon which surgery is to be performed is
owned by a humane society or animal shelter, and the surgery
is to be performed in the humane society or animal shelter,
the veterinary practitioner shall obtain written approval
from the shelter owner of the humane society or animal
shelter before allowing the veterinary preceptee to perform
any surgeries upon animals unassisted by the veterinary
practitioner. This written approval may cover the entire
period during which the veterinary preceptee is working
under the responsible direct supervision of a veterinary
practitioner. This written approval shall include, at a
minimum, the following information:
A. Name of humane society
or animal shelter;
B. A statement which
indicates the following:
(1) The number of years
successfully completed by the veterinary preceptee at an
AVMA-accredited school of veterinary medicine;
(2) The veterinary practitioner providing responsible direct
supervision to the veterinary preceptee is educationally,
medically, and legally responsible for any medical,
surgical, diagnostic, and therapeutic decisions made by the
veterinary preceptee;
(3) Any unassisted surgical procedures will be carried out
only when the veterinary practitioner is providing direct
supervision;
C. A statement that any
and all questions about the work to be performed by the
veterinary preceptee on the animals have been answered to
the satisfaction of the shelter owner;
D. A statement or list of
anticipated procedures to be performed that the shelter
owner can either accept or reject;
E. The owner’s, or
authorized agent’s, printed name and signature;
F. The veterinary
practitioner’s printed name and signature; and
G. The date the written
form is completed.
.07 Penalties.
After giving a veterinary practitioner notice and an
opportunity to be heard, the Board may impose a civil
penalty instead of, or in addition to, suspending or
revoking the veterinarian’s license if the veterinarian
fails to comply with the Board’s requirements set forth in
this chapter.
To assist veterinarians comply
with the SBVME’s Reg. .05 (Written Approval from Client),
veterinarians working in a veterinary hospital may use
this consent form for senior veterinary students
performing unassisted surgery on client-owned animals.
To assist veterinarians comply
with the SBVME’s Reg. .06 (Written Approval from Humane
Society or Animal Shelter), veterinarians working in a
humane society or shelter may use
this consent form for senior veterinary students
performing unassisted surgery on client-owned animals. |
