2013 Maryland Code
AGRICULTURE
§ 2-302 - State Board of Veterinary Medical Examiners

§2-302.

(a) There is a State Board of Veterinary Medical Examiners in the Department.

(b) The Board has seven members, five of whom:

(1) Are licensed and registered veterinarians of the State;

(2) Are residents of the State;

(3) Have engaged in active practice for five years at some time;

(4) Are in good standing; and

(5) Are appointed and qualified.

Of these five veterinarian members, at least two must have their practices predominantly for large animals. Two members of the Board shall not be veterinarians.

(c) The Governor shall appoint the members of the Board with the advice and consent of the Senate. Each appointment shall be made from a list of at least three names for each vacancy submitted to the Governor, or to the Governor-elect, by the Secretary.

(d) Each member serves a term of five years or until his successor is elected and qualified. A member is not eligible to serve for more than two full successive terms except as otherwise provided in this section. If any member ceases legally and physically to reside in the State, his office is vacant.

(e) The Governor shall remove any of the members for misconduct in office, incompetence, immorality, willful neglect of duty, or any cause which is a ground for revocation of a license to practice veterinary medicine in the State. The member may be removed only after reasonable notice and an opportunity for hearing is provided.

§ 2-302 - 1. Veterinary review committee

(a) "Veterinary review committee" defined. -- In this section, "veterinary review committee" means a committee or board that:

(1) Is within one of the categories described in subsection (b) of this section; and

(2) Performs any of the functions listed in subsection (c) of this section.

(b) Categories. -- For purposes of this section, a veterinary review committee is:

(1) A regulatory board or agency that is established by State or federal law to license, certify, or discipline any veterinary practitioner;

(2) A committee of the Maryland Veterinary Medical Association or any of its component societies; or

(3) Any person who contracts with a veterinary practitioner to perform any of those functions listed in subsection (c) of this section that are limited to the review of services provided by the veterinary practitioner.

(c) Powers and duties. -- For purposes of this section, a veterinary review committee has the following powers and duties:

(1) To evaluate and seek to improve the quality of veterinary care that is provided by veterinary practitioners;

(2) To evaluate the need for and the level of performance of veterinary care that is provided by veterinary practitioners; or

(3) To evaluate and provide assistance to any veterinary practitioner who is in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(d) Proceedings, etc., not discoverable -- In general. -- Except as otherwise provided in the section, the proceedings, records, and files of a veterinary review committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the veterinary review committee.

(e) Proceedings, etc., not discoverable -- Exception. -- Subsection (d) of this section does not apply to:

(1) A civil action brought by a party who claims to be aggrieved by a decision of the veterinary review committee; or

(2) Any record or document that:

(i) Is considered by a veterinary review committee; and

(ii) Otherwise would be subject to discovery and introduction into evidence in a civil trial.

(f) Limitation of civil liability. -- A person who acts in good faith and within the scope of jurisdiction of a veterinary review committee is not civilly liable for:

(1) Any action as a member of the veterinary review committee; or

(2) Giving information to, participating in, or contributing to the function of the veterinary review committee.