MD
Maryland House Bill HB435

Maryland 2022 Regular Session

Maryland House Bill HB435 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0435*
66
77 HOUSE BILL 435
88 J1, F1 2lr2939
99 HB 1345/20 – W&M
1010 By: Delegate Hill
1111 Introduced and read first time: January 20, 2022
1212 Assigned to: Ways and Means
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Youth Sports Programs – Registrations, Personnel, and Policy 2
1919
2020 FOR the purpose of altering the circumstances under which students or youth athletes who 3
2121 are suspected of sustaining a concussion or other head injury in practice or a game 4
2222 and have been removed from play may return to play; requiring a youth sports 5
2323 program to maintain and update a registry of youth sports program personnel who 6
2424 participate in the youth sports program; requiring a parent or guardian of a youth 7
2525 registered with a youth sports program to sign and submit to the youth sports 8
2626 program an acknowledgment of the receipt of certain information; requiring a youth 9
2727 sports program to post its removal and return–to–play policy on its website, if 10
2828 available; and generally relating to public school and youth sports programs. 11
2929
3030 BY repealing and reenacting, with amendments, 12
3131 Article – Education 13
3232 Section 7–433(c) 14
3333 Annotated Code of Maryland 15
3434 (2018 Replacement Volume and 2021 Supplement) 16
3535
3636 BY repealing and reenacting, with amendments, 17
3737 Article – Health – General 18
3838 Section 14–501 19
3939 Annotated Code of Maryland 20
4040 (2019 Replacement Volume and 2021 Supplement) 21
4141
4242 BY adding to 22
4343 Article – Health – General 23
4444 Section 14–503 24
4545 Annotated Code of Maryland 25
4646 (2019 Replacement Volume and 2021 Supplement) 26
4747
4848 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 2 HOUSE BILL 435
4949
5050
5151 That the Laws of Maryland read as follows: 1
5252
5353 Article – Education 2
5454
5555 7–433. 3
5656
5757 (c) (1) A student who is suspected of sustaining a concussion or other head 4
5858 injury in a practice or game shall be removed from play at that time. 5
5959
6060 (2) A student who has been removed from play may not return to play until 6
6161 the student [has]: 7
6262
6363 (I) HAS obtained written clearance from a licensed health care 8
6464 provider trained in the evaluation and management of concussions; AND 9
6565
6666 (II) HAS BEEN CLEARED TO R ETURN TO FULL ACADEM IC 10
6767 PARTICIPATION . 11
6868
6969 Article – Health – General 12
7070
7171 14–501. 13
7272
7373 (a) [(1)] In this [section] SUBTITLE the following words have the meanings 14
7474 indicated. 15
7575
7676 [(2)] (B) “Concussion” means a traumatic injury to the brain causing an 16
7777 immediate and, usually, short–lived change in mental status or an alteration of normal 17
7878 consciousness resulting from: 18
7979
8080 [(i)] (1) A fall; 19
8181
8282 [(ii)] (2) A violent blow to the head or body; [or] 20
8383
8484 [(iii)] (3) The shaking or spinning of the head or body; OR 21
8585
8686 (4) ANY TYPE OF DIRECT OR INDIRECT HIT TO THE HEAD OR BODY . 22
8787
8888 [(3)] (C) “Sudden cardiac arrest” means a condition in which the heart 23
8989 suddenly and unexpectedly stops beating. 24
9090
9191 [(4)] (D) “Youth athlete” means an individual who participates in an 25
9292 athletic activity in association with a youth sports program conducted: 26
9393
9494 [(i)] (1) At a public OR PRIVATE school facility; or 27
9595 HOUSE BILL 435 3
9696
9797
9898 [(ii)] (2) By a recreational athletic organization. 1
9999
100100 [(5)] (E) “Youth sports program” means a program organized for 2
101101 recreational athletic competition or instruction for participants who are under the age of 3
102102 19 years. 4
103103
104104 14–502. 5
105105
106106 [(b)] (A) (1) A youth sports program shall make available information on 6
107107 concussions, head injuries, and sudden cardiac arrest developed by the State Department 7
108108 of Education under §§ 7–433 and 7–436 of the Education Article to coaches, youth athletes, 8
109109 and the parents or guardians of youth athletes. 9
110110
111111 (2) A coach of a youth sports program shall review the information provided 10
112112 in paragraph (1) of this subsection. 11
113113
114114 [(c)] (B) (1) A youth athlete who is suspected of sustaining a concussion or 12
115115 other head injury in a practice or game shall be removed from play at that time. 13
116116
117117 (2) A youth athlete who has been removed from play may not return to play 14
118118 until the youth athlete [has]: 15
119119
120120 (I) HAS obtained written clearance from a licensed health care 16
121121 provider trained in the evaluation and management of concussions; AND 17
122122
123123 (II) HAS BEEN CLEARED TO R ETURN TO FULL ACADEM IC 18
124124 PARTICIPATION . 19
125125
126126 [(d)] (C) Before a youth sports program may use a facility owned or operated by 20
127127 a local government, the local government shall provide notice to the youth sports program 21
128128 of the requirements of this section. 22
129129
130130 14–503. 23
131131
132132 (A) IN THIS SECTION, “YOUTH SPORTS PROGRAM PERSONNEL ” MEANS ANY 24
133133 PAID OR VOLUNTEER CO ACH, OFFICIAL, TRAINER, TEAM ADMINISTRATOR , OR STAFF 25
134134 MEMBER WHO PARTICIPA TES IN A YOUTH SPORT S PROGRAM. 26
135135
136136 (B) (1) A YOUTH SPORTS PROGRAM SHALL MAINTAIN AND A NNUALLY 27
137137 UPDATE A REGISTRY OF THE YOUTH SPORTS PRO GRAM PERSONNEL WHO 28
138138 PARTICIPATE IN THE Y OUTH SPORTS PROGRAM . 29
139139
140140 (2) THE REGISTRY SHALL , AT A MINIMUM , INCLUDE FOR EACH 30
141141 INDIVIDUAL: 31
142142 4 HOUSE BILL 435
143143
144144
145145 (I) A VALID PHOTO IDENTIFI CATION; 1
146146
147147 (II) A SCREENING THAT IS EI THER: 2
148148
149149 1. A COMPLETED CRIMINAL H ISTORY RECORDS CHECK 3
150150 IN ACCORDANCE WITH § 5–551 OF THE FAMILY LAW ARTICLE; OR 4
151151
152152 2. A COMMERCIAL SCREENING THAT: 5
153153
154154 A. IS COMPLIANT WITH THE FEDERAL FAIR CREDIT 6
155155 REPORTING ACT; 7
156156
157157 B. PROVIDES THE INDIVIDU AL’S NAME, DATE OF BIRTH, 8
158158 AND CURRENT RESIDENC E, VERIFIED WITH A STATE–ISSUED IDENTIFICATIO N; 9
159159
160160 C. INCLUDES A NATIONWIDE CRIMINAL RECORD AND 10
161161 SEX OFFENDER REGISTR Y SEARCH; AND 11
162162
163163 D. INCLUDES AT LEAST ONE COUNTY CRIMINAL RECO RD 12
164164 SEARCH; 13
165165
166166 (III) A SIGNED ACKNOWLEDGMEN T OF RECEIPT AND 14
167167 UNDERSTANDING OF THE POLICIES AND PROTOCO LS OF THE YOUTH SPOR TS 15
168168 PROGRAM ON SAFETY PR IORITIES TO MINIMIZE RISK OF HARM T O YOUTH ATHLETES , 16
169169 INCLUDING REMOVAL AN D RETURN–TO–PLAY POLICIES; AND 17
170170
171171 (IV) DOCUMENTATION OF COMP LETION OF ANNUAL TRA INING 18
172172 IN: 19
173173
174174 1. HEAT ILLNESS RECOGNIT ION, PREVENTION , AND 20
175175 TREATMENT ; 21
176176
177177 2. CONCUSSION AWARENESS ; 22
178178
179179 3. CHILD SAFETY; AND 23
180180
181181 4. LEVELS OF CONTACT TRA INING CONSISTENT WIT H 24
182182 BEST PRACTICES . 25
183183
184184 (3) YOUTH SPORTS PROGRAM PERSONNEL SHALL COMP LETE OR 26
185185 RENEW A REGISTRATION WITH A YOUTH SPORTS PROGRAM EACH YEAR BE FORE 27
186186 PARTICIPATING IN ANY ATHLETIC EVENT OR AC TIVITY. 28
187187 HOUSE BILL 435 5
188188
189189
190190 (4) (I) YOUTH SPORTS PROGRAM PERSONNEL SHALL DISP LAY 1
191191 PROOF OF REGISTRATIO N WITH THE YOUTH SPO RTS PROGRAM TO GAIN ENTRY INTO 2
192192 THE ARENA OF PLAY FO R ANY ATHLETIC EVENT , PRACTICE, OR GAME. 3
193193
194194 (II) AN INDIVIDUAL’S PROOF OF REGISTRAT ION SHALL BE: 4
195195
196196 1. DISPLAYED FOR THE DURATION O F THE ATHLETIC 5
197197 EVENT, PRACTICE, OR GAME; AND 6
198198
199199 2. ON REQUEST, AVAILABLE FOR INSPEC TION. 7
200200
201201 (C) (1) A YOUTH SPORTS PROGRAM SHALL PROVIDE TO EAC H PARENT OR 8
202202 GUARDIAN WHO REGISTE RS A YOUTH ATHLETE I N THE YOUTH SPORTS P ROGRAM: 9
203203
204204 (I) INFORMATION ON : 10
205205
206206 1. SPORTS–RELATED HEAD INJURIE S; 11
207207
208208 2. TRAUMATIC BRAIN INJUR Y IN CHILDREN; 12
209209
210210 3. YOUTH SPORTS AND HEAT ILLNESS, INCLUDING 13
211211 DEHYDRATION ; AND 14
212212
213213 4. REMOVAL AND RETURN –TO–PLAY POLICIES OF THE 15
214214 YOUTH SPORTS PROGRAM ; AND 16
215215
216216 (II) A LIABILITY DISCLAIMER OR WA IVER THAT SPECIFIES THE 17
217217 POTENTIAL FOR : 18
218218
219219 1. BRAIN INJURY DURING A NY ATHLETIC EVENT , 19
220220 PRACTICE, GAME, OR ACTIVITY; AND 20
221221
222222 2. HEAT–RELATED ILLNESSES FO R AN ATHLETIC EVENT 21
223223 OR ACTIVITY PLAYED O UTDOORS DURING THE S UMMER MONTHS . 22
224224
225225 (2) THE PARENT OR GUARDIA N OF A YOUTH ATHLETE REGISTERED 23
226226 WITH A YOUTH SPORTS PROGRAM SHALL SIGN A ND SUBMIT TO THE YOU TH SPORTS 24
227227 PROGRAM AN ACKNOWLED GMENT OF RECEIPT OF THE INFORMATION REQU IRED 25
228228 UNDER PARAGRAPH (1) OF THIS SUBSECTION . 26
229229
230230 (D) (1) A YOUTH SPORTS PR OGRAM SHALL PROVIDE A COPY OF ITS 27
231231 REMOVAL AND RETURN –TO–PLAY POLICY, ESTABLISHED IN ACCOR DANCE WITH THE 28
232232 REQUIREMENTS OF § 14–502 OF THIS SUBTITLE, TO: 29 6 HOUSE BILL 435
233233
234234
235235
236236 (I) ALL YOUTH SPORTS PROG RAM PERSONNEL ; AND 1
237237
238238 (II) EACH PARENT OR GUARDI AN OF A REGISTERED Y OUTH 2
239239 ATHLETE. 3
240240
241241 (2) A YOUTH SPORTS PROGRAM SHALL POST ITS REMOV AL AND 4
242242 RETURN–TO–PLAY POLICY ON ITS W EBSITE, IF AVAILABLE. 5
243243
244244 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
245245 1, 2022. 7
246246