Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2281 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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