EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0435*
HOUSE BILL 435
J1, F1 2lr2939
HB 1345/20 – W&M
By: Delegate Hill
Introduced and read first time: January 20, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Youth Sports Programs – Registrations, Personnel, and Policy 2
FOR the purpose of altering the circumstances under which students or youth athletes who 3
are suspected of sustaining a concussion or other head injury in practice or a game 4
and have been removed from play may return to play; requiring a youth sports 5
program to maintain and update a registry of youth sports program personnel who 6
participate in the youth sports program; requiring a parent or guardian of a youth 7
registered with a youth sports program to sign and submit to the youth sports 8
program an acknowledgment of the receipt of certain information; requiring a youth 9
sports program to post its removal and return–to–play policy on its website, if 10
available; and generally relating to public school and youth sports programs. 11
BY repealing and reenacting, with amendments, 12
Article – Education 13
Section 7–433(c) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Health – General 18
Section 14–501 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2021 Supplement) 21
BY adding to 22
Article – Health – General 23
Section 14–503 24
Annotated Code of Maryland 25
(2019 Replacement Volume and 2021 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 2 HOUSE BILL 435
That the Laws of Maryland read as follows: 1
Article – Education 2
7–433. 3
(c) (1) A student who is suspected of sustaining a concussion or other head 4
injury in a practice or game shall be removed from play at that time. 5
(2) A student who has been removed from play may not return to play until 6
the student [has]: 7
(I) HAS obtained written clearance from a licensed health care 8
provider trained in the evaluation and management of concussions; AND 9
(II) HAS BEEN CLEARED TO R ETURN TO FULL ACADEM IC 10
PARTICIPATION . 11
Article – Health – General 12
14–501. 13
(a) [(1)] In this [section] SUBTITLE the following words have the meanings 14
indicated. 15
[(2)] (B) “Concussion” means a traumatic injury to the brain causing an 16
immediate and, usually, short–lived change in mental status or an alteration of normal 17
consciousness resulting from: 18
[(i)] (1) A fall; 19
[(ii)] (2) A violent blow to the head or body; [or] 20
[(iii)] (3) The shaking or spinning of the head or body; OR 21
(4) ANY TYPE OF DIRECT OR INDIRECT HIT TO THE HEAD OR BODY . 22
[(3)] (C) “Sudden cardiac arrest” means a condition in which the heart 23
suddenly and unexpectedly stops beating. 24
[(4)] (D) “Youth athlete” means an individual who participates in an 25
athletic activity in association with a youth sports program conducted: 26
[(i)] (1) At a public OR PRIVATE school facility; or 27
HOUSE BILL 435 3
[(ii)] (2) By a recreational athletic organization. 1
[(5)] (E) “Youth sports program” means a program organized for 2
recreational athletic competition or instruction for participants who are under the age of 3
19 years. 4
14–502. 5
[(b)] (A) (1) A youth sports program shall make available information on 6
concussions, head injuries, and sudden cardiac arrest developed by the State Department 7
of Education under §§ 7–433 and 7–436 of the Education Article to coaches, youth athletes, 8
and the parents or guardians of youth athletes. 9
(2) A coach of a youth sports program shall review the information provided 10
in paragraph (1) of this subsection. 11
[(c)] (B) (1) A youth athlete who is suspected of sustaining a concussion or 12
other head injury in a practice or game shall be removed from play at that time. 13
(2) A youth athlete who has been removed from play may not return to play 14
until the youth athlete [has]: 15
(I) HAS obtained written clearance from a licensed health care 16
provider trained in the evaluation and management of concussions; AND 17
(II) HAS BEEN CLEARED TO R ETURN TO FULL ACADEM IC 18
PARTICIPATION . 19
[(d)] (C) Before a youth sports program may use a facility owned or operated by 20
a local government, the local government shall provide notice to the youth sports program 21
of the requirements of this section. 22
14–503. 23
(A) IN THIS SECTION, “YOUTH SPORTS PROGRAM PERSONNEL ” MEANS ANY 24
PAID OR VOLUNTEER CO ACH, OFFICIAL, TRAINER, TEAM ADMINISTRATOR , OR STAFF 25
MEMBER WHO PARTICIPA TES IN A YOUTH SPORT S PROGRAM. 26
(B) (1) A YOUTH SPORTS PROGRAM SHALL MAINTAIN AND A NNUALLY 27
UPDATE A REGISTRY OF THE YOUTH SPORTS PRO GRAM PERSONNEL WHO 28
PARTICIPATE IN THE Y OUTH SPORTS PROGRAM . 29
(2) THE REGISTRY SHALL , AT A MINIMUM , INCLUDE FOR EACH 30
INDIVIDUAL: 31
4 HOUSE BILL 435
(I) A VALID PHOTO IDENTIFI CATION; 1
(II) A SCREENING THAT IS EI THER: 2
1. A COMPLETED CRIMINAL H ISTORY RECORDS CHECK 3
IN ACCORDANCE WITH § 5–551 OF THE FAMILY LAW ARTICLE; OR 4
2. A COMMERCIAL SCREENING THAT: 5
A. IS COMPLIANT WITH THE FEDERAL FAIR CREDIT 6
REPORTING ACT; 7
B. PROVIDES THE INDIVIDU AL’S NAME, DATE OF BIRTH, 8
AND CURRENT RESIDENC E, VERIFIED WITH A STATE–ISSUED IDENTIFICATIO N; 9
C. INCLUDES A NATIONWIDE CRIMINAL RECORD AND 10
SEX OFFENDER REGISTR Y SEARCH; AND 11
D. INCLUDES AT LEAST ONE COUNTY CRIMINAL RECO RD 12
SEARCH; 13
(III) A SIGNED ACKNOWLEDGMEN T OF RECEIPT AND 14
UNDERSTANDING OF THE POLICIES AND PROTOCO LS OF THE YOUTH SPOR TS 15
PROGRAM ON SAFETY PR IORITIES TO MINIMIZE RISK OF HARM T O YOUTH ATHLETES , 16
INCLUDING REMOVAL AN D RETURN–TO–PLAY POLICIES; AND 17
(IV) DOCUMENTATION OF COMP LETION OF ANNUAL TRA INING 18
IN: 19
1. HEAT ILLNESS RECOGNIT ION, PREVENTION , AND 20
TREATMENT ; 21
2. CONCUSSION AWARENESS ; 22
3. CHILD SAFETY; AND 23
4. LEVELS OF CONTACT TRA INING CONSISTENT WIT H 24
BEST PRACTICES . 25
(3) YOUTH SPORTS PROGRAM PERSONNEL SHALL COMP LETE OR 26
RENEW A REGISTRATION WITH A YOUTH SPORTS PROGRAM EACH YEAR BE FORE 27
PARTICIPATING IN ANY ATHLETIC EVENT OR AC TIVITY. 28
HOUSE BILL 435 5
(4) (I) YOUTH SPORTS PROGRAM PERSONNEL SHALL DISP LAY 1
PROOF OF REGISTRATIO N WITH THE YOUTH SPO RTS PROGRAM TO GAIN ENTRY INTO 2
THE ARENA OF PLAY FO R ANY ATHLETIC EVENT , PRACTICE, OR GAME. 3
(II) AN INDIVIDUAL’S PROOF OF REGISTRAT ION SHALL BE: 4
1. DISPLAYED FOR THE DURATION O F THE ATHLETIC 5
EVENT, PRACTICE, OR GAME; AND 6
2. ON REQUEST, AVAILABLE FOR INSPEC TION. 7
(C) (1) A YOUTH SPORTS PROGRAM SHALL PROVIDE TO EAC H PARENT OR 8
GUARDIAN WHO REGISTE RS A YOUTH ATHLETE I N THE YOUTH SPORTS P ROGRAM: 9
(I) INFORMATION ON : 10
1. SPORTS–RELATED HEAD INJURIE S; 11
2. TRAUMATIC BRAIN INJUR Y IN CHILDREN; 12
3. YOUTH SPORTS AND HEAT ILLNESS, INCLUDING 13
DEHYDRATION ; AND 14
4. REMOVAL AND RETURN –TO–PLAY POLICIES OF THE 15
YOUTH SPORTS PROGRAM ; AND 16
(II) A LIABILITY DISCLAIMER OR WA IVER THAT SPECIFIES THE 17
POTENTIAL FOR : 18
1. BRAIN INJURY DURING A NY ATHLETIC EVENT , 19
PRACTICE, GAME, OR ACTIVITY; AND 20
2. HEAT–RELATED ILLNESSES FO R AN ATHLETIC EVENT 21
OR ACTIVITY PLAYED O UTDOORS DURING THE S UMMER MONTHS . 22
(2) THE PARENT OR GUARDIA N OF A YOUTH ATHLETE REGISTERED 23
WITH A YOUTH SPORTS PROGRAM SHALL SIGN A ND SUBMIT TO THE YOU TH SPORTS 24
PROGRAM AN ACKNOWLED GMENT OF RECEIPT OF THE INFORMATION REQU IRED 25
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 26
(D) (1) A YOUTH SPORTS PR OGRAM SHALL PROVIDE A COPY OF ITS 27
REMOVAL AND RETURN –TO–PLAY POLICY, ESTABLISHED IN ACCOR DANCE WITH THE 28
REQUIREMENTS OF § 14–502 OF THIS SUBTITLE, TO: 29 6 HOUSE BILL 435
(I) ALL YOUTH SPORTS PROG RAM PERSONNEL ; AND 1
(II) EACH PARENT OR GUARDI AN OF A REGISTERED Y OUTH 2
ATHLETE. 3
(2) A YOUTH SPORTS PROGRAM SHALL POST ITS REMOV AL AND 4
RETURN–TO–PLAY POLICY ON ITS W EBSITE, IF AVAILABLE. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
1, 2022. 7