Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2281 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1955 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2281
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Andres X. Vargas
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to student heart health.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/10/2023Angelo J. Puppolo, Jr.12th Hampden2/1/2023Paul McMurtry11th Norfolk2/2/2023Jack Patrick Lewis7th Middlesex2/5/2023Bud L. Williams11th Hampden2/6/2023Jon Santiago9th Suffolk2/6/2023Priscila S. Sousa6th Middlesex2/14/2023 1 of 6
16	16	HOUSE DOCKET, NO. 1955 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2281
18	18	By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 2281) of
19	19	Andres X. Vargas and others relative to the development and posting of guidelines and other
20	20	relevant materials to inform and educate students about the symptoms and warning signs of heart
21	21	disease. Public Health.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to student heart health.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2016 Official Edition,
31	31	2is hereby amended by inserting after section 222 the following section:-
32	32	3 Section 222A. An Act Relative to Student Heart Health
33	33	4 (a) For the purposes of this section, the following words shall have the following
34	34	5meanings, unless the context clearly indicates otherwise:
35	35	6 “Athletic activity”, all of the following:
36	36	7 (1) Interscholastic athletics.
37	37	8 (2) An athletic contest or competition, other than interscholastic athletics, sponsored by
38	38	9or associated with a school entity, including cheerleading, club-sponsored sports activities and
39	39	10sports activities sponsored by the school or school-affiliated organizations. 2 of 6
40	40	11 (3) Noncompetitive cheerleading that is sponsored by or associated with a school entity.
41	41	12 (4) Practices, interschool practices and scrimmages for all of the activities listed under
42	42	13paragraphs (1), (2) and (3).
43	43	14 “School entity”, all public schools and any school subject to the Massachusetts
44	44	15Interscholastic Athletic Association rules.
45	45	16 (b) Education
46	46	17 (1) The department shall work with the Department of Education to develop and post on
47	47	18its publicly accessible Internet websites guidelines and other relevant materials to inform and
48	48	19educate students about the symptoms and warning signs of heart disease, anatomical and
49	49	20electrical abnormalities of the heart, cardiac distress, and sudden cardiac arrest, including the
50	50	21risks associated with continuing to participate in an athletic activity after experiencing the
51	51	22following symptoms: fainting or seizures during exercise, unexplained shortness of breath, chest
52	52	23pains, dizziness, racing heart rate, extreme fatigue, and any other symptom deemed appropriate
53	53	24by the department of Public Health.
54	54	25 (i) providing students, the following information annually: a summary of department
55	55	26rules and regulations relative to safety regulations for student's participation in extracurricular
56	56	27athletic activities, including the medical protocol for participation in an extracurricular athletic
57	57	28activity following cardiac symptoms and sudden cardiac arrest; written information related to the
58	58	29recognition of symptoms of heart disease and cardiac abnormalities, as well as sudden cardiac
59	59	30arrest; and 3 of 6
60	60	31 (3) A student participating in or desiring to participate in an athletic activity and the
61	61	32student’s parent or guardian shall, each school year and prior to participation by the student in an
62	62	33athletic activity, sign and return to the student’s school an acknowledgment of receipt and review
63	63	34of the symptoms and warning sign information sheet developed under this subsection prior to
64	64	35participation.
65	65	36 The forms required under this subsection may be in conjunction with any forms required
66	66	37under M.G.L. Ch 111 Section 222, provided that all requirements under both sections are met.
67	67	38 (4) A school entity may hold an informational meeting prior to the start of each athletic
68	68	39season for all ages of competitors regarding the symptoms and warning signs of heart disease,
69	69	40cardiac abnormalities, and sudden cardiac arrest. In addition to students, parents, guardians,
70	70	41coaches and other school officials, informational meetings may include physicians, pediatric
71	71	42cardiologists and athletic trainers.
72	72	43 (c) Removal from play –
73	73	44 (1) In accordance with M.G.L., Chapter 111, Section 222(c), A student who loses
74	74	45consciousness while participating in, or immediately following, an athletic activity, must be
75	75	46removed from participation at that time by the athletic director, coach or athletic trainer.
76	76	47 (2) A student who, as determined by a game official, coach from the student’s team,
77	77	48certified athletic trainer, licensed physician or other official designated by the student’s school,
78	78	49exhibits signs or symptoms set forth in this section during an athletic activity, may be removed
79	79	50from participation by said game official, coach from the student’s team, certified athletic trainer,
80	80	51licensed physician or other official designated by the student’s school, if he reasonably believes
81	81	52that said symptoms are cardiac-related. In the absence of one of the persons listed in this 4 of 6
82	82	53subsection, coaches who observe any of the other symptoms set forth in this section, should
83	83	54notify the parent(s) of the student so that the parent(s) can determine what treatment, if any, the
84	84	55student should seek.
85	85	56 (3) A student who is removed from play under this provision shall not be permitted return
86	86	57to participation in an athletic activity until the student is evaluated and cleared for return to
87	87	58participation in writing by an appropriate medical professional.
88	88	59 (d) The sponsors of youth athletic activities are encouraged to follow the guidance stated
89	89	60in this section.
90	90	61 (e) The superintendent of the school district or the director of a school shall maintain
91	91	62complete and accurate records of the district's or school's compliance with the requirements of
92	92	63this section. A school that fails to comply with this section, as determined by the department,
93	93	64shall be subject to penalties as determined by the department.
94	94	65 (f) Nothing in this section shall be construed to waive liability or immunity of a school
95	95	66district or its officers or employees. This section shall not create any liability for a course of legal
96	96	67action against a school district, its officers or employees.
97	97	68 (g) A person who volunteers to assist with an extracurricular athletic activity shall not be
98	98	69liable for civil damages arising out of any act or omission relating to the requirements of this
99	99	70section, unless such person is willfully or wantonly negligent in his act or omission.
100	100	71 (h) The division shall adopt regulations to carry out this section.
101	101	72 SECTION 2 5 of 6
102	102	73 The second paragraph of section 1L of chapter 69 of the General Laws, as appearing in
103	103	74the 2016 Official Edition, is hereby amended by adding, in after the word “resuscitation” the
104	104	75following− and the use of automatic external defibrillators. Instruction in hands only
105	105	76cardiopulmonary resuscitation and the use of automatic external defibrillators must be the most
106	106	77current national evidence−based Emergency Cardiovascular Care guidelines and incorporate
107	107	78psychomotor skills development into the instruction as part of a graduation requirement.
108	108	79“Psychomotor skills” is defined as the use of hands-on practicing and skills testing to support
109	109	80cognitive learning. A licensed teacher shall not be required to be a certified trainer of
110	110	81cardiopulmonary resuscitation, to facilitate, provide or oversee such instruction for non-
111	111	82certification. Courses which result in a certification being earned are required to be taught by an
112	112	83authorized CPR/AED instructor.
113	113	84 SECTION 3. Notwithstanding any general or special law to the contrary, the department
114	114	85of elementary and secondary education, based on available appropriations, will set up a CPR in
115	115	86Schools Fund to provide financial incentives for school districts who require psychomotor skill-
116	116	87based CPR and AED training prior to graduation.
117	117	88 (1) Psychomotor Skill-Based hands only CPR Training shall be based on national
118	118	89Guidelines for CPR and ECC which incorporates the use of hands-on practicing.
119	119	90 (2) These incentives can be in the form of mini-grants or subsidies to support equipment,
120	120	91professional development for psychomotor skills-based CPR training for students to provide
121	121	92hands only CPR training and use of an automated external defibrillator. There shall be a priority
122	122	93for school districts that are considered high needs as defined as where at least 50% of children
123	123	94are eligible to receive free and reduced priced meals or the school participates in the Community 6 of 6
124	124	95Eligibility Provision or Universal Free Meals or high-need schools may also be defined by Title
125	125	961 status.