# COMAR Title 15 — Maryland Department of Agriculture

## Subtitle 14 — Board of Veterinary Medical Examiners

### Chapter 11 — Civil Penalty Standards for Veterinarians

**Authority:** Agriculture Article, §2-310.1, Annotated Code of Maryland

**Administrative History:** Effective date: January 23, 1981 (8:2 Md. R. 117)

**Administrative History:** Regulations .03 and .04 amended effective November 7, 1983 (10:22 Md. R. 1968)

**Administrative History:** Regulation .03 amended effective September 12, 2005 (32:8 Md. R. 1521)

**Administrative History:** Regulation .03 amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850)

**Administrative History:** Regulation .04 amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)

**Administrative History:** Regulation .04B, C amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)

**Administrative History:** Regulation .04C amended effective September 12, 2005 (32:18 Md. R. 1521)

#### Regulation .01 Scope.

*COMAR 15.14.11.01*

This chapter establishes standards which determine the penalty for any licensed veterinarian who violates any statute or Board regulation governing the practice of veterinary medicine in this State.

#### Regulation .02 Penalty When License Suspended or Revoked.

*COMAR 15.14.11.02*

After a hearing, the Board may impose a penalty on a veterinarian:

A. Instead of or in addition to suspending a veterinarian's license; or

B. In addition to revoking a veterinarian's license.

#### Regulation .03 Violations.

*COMAR 15.14.11.03*

The Board may impose a penalty on a veterinarian who does any of the following:

A. Fails to provide direct supervision for employees;

B. Practices veterinary medicine without a current registration;

C. Operates a veterinary hospital without a veterinary hospital license;

D. Fails to conform to minimum sanitary standards for veterinary facilities;

E. Conducts a veterinary practice in a manner which violates professional and ethical standards;

F. Violates a Board regulation after receiving a license;

G. Engages in false or misleading advertising;

H. Obtains a license to practice veterinary medicine by fraud or misrepresentation;

I. Employs or permits an unlicensed person to practice veterinary medicine;

J. Employs or permits a veterinarian who does not possess a current veterinary registration to practice veterinary medicine;

K. Practices veterinary medicine without a valid license issued by the Board;

L. Conducts a veterinary practice incompetently;

M. Violates any federal or State law relating to narcotic drugs;

N. Is convicted of a felony, or of a crime involving moral turpitude;

O. Is deliberately cruel to an animal; or

P. Is grossly negligent in the practice of veterinary medicine.

#### Regulation .04 Classification of Violations for the Purpose of Determining Penalties.

*COMAR 15.14.11.04*

A. For a violation of Regulation .03A—F of this chapter, a penalty may be imposed by the Board considering the nature and gravity of each violation consistent with the following standards:

  (1) For the first violation, a penalty of not less than $300 or more than $3,000;

  (2) For the second violation, a penalty of not less than $600 or more than $6,000;

  (3) For the third and any subsequent violation, a penalty of not less than $3,000 or more than $10,000.

B. For a violation of Regulation .03G-J, a penalty may be imposed by the Board considering the nature and gravity of each violation consistent with the following standards:

  (1) For the first violation, a penalty of not less than $600 or more than $5,000;

  (2) For the second violation, a fine of not less than $3,000 or more than $10,000;

  (3) For the third and any subsequent violation, a penalty of not less than $6,000 or more than $10,000.

C. For a violation of Regulation .03K—P of this chapter, a penalty may be imposed by the Board considering the nature and gravity of each violation consistent with the following standards:

  (1) For the first violation, a penalty of not less than $3,000 or more than $5,000;

  (2) For the second violation, a penalty of not less than $6,000 or more than $10,000;

  (3) For the third and any subsequent violation, a penalty of not less than $8,000 or more than $10,000.

#### Regulation .05 Appeal.

*COMAR 15.14.11.05*

A veterinarian may appeal the Board's decision to impose a penalty as provided in Agriculture Article, § 2-405, Annotated Code of Maryland. A veterinarian shall be notified of this right to appeal.

#### Regulation .06 Penalty Payment.

*COMAR 15.14.11.06*

Unless a veterinarian appeals, the amount of a penalty shall be paid promptly to the Board.