EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. Italics indicate opposite chamber/conference committee amendments. *hb0836* HOUSE BILL 836 F1 (2lr1746) ENROLLED BILL — Ways and Means/Education, Health, and Environmental Affairs — Introduced by Delegate Lierman Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at __ ______________________ o’clock, ________M. ______________________________________________ Speaker. CHAPTER ______ AN ACT concerning 1 Public Schools – Student Athletics – Requirements and Reports Emergency 2 Action Plans 3 (Elijah Gorham Act) 4 FOR the purpose of requiring each county superintendent of schools to submit a certain 5 report on public high school sports teams in the county to the State Department of 6 Education on or before a certain date each year; altering the requirements for an 7 automated external defibrillator program in public middle and high schools; altering 8 the requirements for actions to be taken by county boards of education regarding 9 heat acclimatization for student athletes; requiring the State Board of Education to 10 develop and implement a certain educational program for student athletes; requiring 11 middle schools and high schools to develop venue–specific emergency action plans 12 for the operation and use of automatic external defibrillators, heat acclimatization, 13 and coordination of care for other emergent injuries and severe weather for outdoor 14 facilities; and generally relating to student athletics in public schools in the State. 15 2 HOUSE BILL 836 BY adding to 1 Article – Education 2 Section 7–129 3 Annotated Code of Maryland 4 (2018 Replacement Volume and 2021 Supplement) 5 BY repealing and reenacting, with amendments, 6 Article – Education 7 Section 7–425 and 7–434 8 Annotated Code of Maryland 9 (2018 Replacement Volume and 2021 Supplement) 10 BY adding to 11 Article – Education 12 Section 7–450 13 Annotated Code of Maryland 14 (2018 Replacement Volume and 2021 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: 17 Article – Education 18 7–129. 19 (A) ON OR BEFORE DECEMBER 1, 2023, AND EAC H DECEMBER 1 20 THEREAFTER , EACH COUNTY SUPERINT ENDENT SHALL SUBMIT TO THE 21 DEPARTMENT A REPORT O N PUBLIC HIGH SCHOOL SPORTS TEAMS IN THE COUNTY. 22 (B) THE REPORT REQUIRED U NDER THIS SECTION SH ALL INCLUDE: 23 (1) THE NUMBER OF SPORTS TEAMS AFFILIATED WIT H EACH PUBLIC 24 HIGH SCHOOL IN THE C OUNTY; 25 (2) THE TYPE OF SPORT EAC H TEAM PLAYS; 26 (3) THE CERTIFICATIONS , IF ANY, HELD BY A COACH OF E ACH SPORTS 27 TEAM; 28 (4) THE TYPE OF AFFILIATI ON BETWEEN THE SPORT S TEAM AND A 29 HIGH SCHOOL , INCLUDING: 30 (I) THE NUMBER OF STUDENT AT HLETES ON EACH SPORT S 31 TEAM; 32 HOUSE BILL 836 3 (II) THE NAME OF THE HIGH SCHOOL EACH STUDENT ATHLETE 1 ATTENDS; 2 (III) WHETHER THE SPORTS TE AM USES THE FACILITI ES AND 3 PROPERTY OF THE AFFI LIATED HIGH SCHOOL ; AND 4 (IV) WHETHER THE SPORTS TE AM USES THE AFFILIATED HIGH 5 SCHOOL’S LOGO AND NAME ; 6 (5) WHETHER THE SPORTS TE AM HAS A BOARD OF DI RECTORS AND , 7 IF SO, WHAT CERTIFICATIONS THE DIRECTORS HOLD ; AND 8 (6) ANY OTHER RELEVANT IN FORMATION AS DETERMI NED BY THE 9 DEPARTMENT . 10 7–425. 11 (A) IN THIS SECTIO N, “PRACTICE” HAS THE MEANING STAT ED IN § 12 7–434 OF THIS SUBTITLE . 13 [(a)] (B) (1) Each county board shall develop and implement an automated 14 external defibrillator program that meets the requirements of § 13–517 of this article for 15 each high school and middle school in the county. 16 (2) The program required under paragraph (1) of this subsection shall 17 include provisions that: 18 (i) Ensure that an automated external defibrillator is provided on 19 site AND IS LOCATED IN CL OSE PROXIMITY TO EAC H SCHOOL–SPONSORED ATHLETIC 20 PRACTICE AND EVENT ; [and] 21 (ii) An individual trained in the operation and use of an automated 22 external defibrillator is present at all school–sponsored athletic PRACTICES AND events; 23 (III) REQUIRE THE DEVELOPME NT OF AN EMERGENCY PLAN AT 24 EACH SCHOOL ; AND 25 (IV) REQUIRE THE EMERGENCY PLAN DEVELOPED UNDER ITEM 26 (III) OF THIS PARAGRAPH TO BE DISTRIBUTED TO EA CH STUDENT ATHLETE ’S 27 PARENT OR GUARDIAN A T THE BEGINNING OF E ACH SCHOOL YEAR . 28 (3) EACH COUNTY BOARD SHA LL REPORT THE FOLLOWING 29 INFORMATION TO THE DEPARTMENT EACH YEAR : 30 4 HOUSE BILL 836 (I) THE NUMBER AND LOCATI ON OF EACH AUTOMATIC 1 EXTERNAL DEFIBRILLAT OR AT EACH SCHOOL IN THE COUNTY; AND 2 (II) A LIST OF EACH INDIVID UAL AT EACH SCHOOL I N THE 3 COUNTY WHO HAS COMPL ETED INITIAL AND REF RESHER TRAINING ON TH E 4 OPERATION AND USE OF AUTOMATED EXTERNAL D EFIBRILLATORS AND TH E DATE 5 EACH TRAINING WAS CO MPLETED. 6 [(b)] (C) The Department, in consultation with the Maryland Department of 7 Health, the Maryland State School Health Council, and the Maryland Institute for 8 Emergency Medical Services Systems, shall adopt regulations that: 9 (1) Establish guidelines for periodic inspections and annual maintenance 10 of the automated external defibrillators; and 11 (2) Assist county boards in carrying out the provisions of this section. 12 (C) EACH MIDDLE SCHOOL AN D HIGH SCHOOL SHALL DEVELOP A 13 VENUE–SPECIFIC EMERGENCY A CTION PLAN FOR THE O PERATION AND USE OF 14 AUTOMATIC EXTERNAL D EFIBRILLATORS THAT M EETS THE REQUIREMENT S OF § 15 7–450 OF THIS SUBTITLE . 16 7–434. 17 (a) (1) In this section the following words have the meanings indicated. 18 (2) “Heat acclimatization” means enhancing an individual’s exercise heat 19 tolerance and ability to exercise safely and effectively in warm to hot conditions. 20 (3) “Practice” means a period of time a student athlete engages in physical 21 activity during a coach–supervised, school–approved sports– or conditioning–related 22 activity, including warm–up, stretching, weight training, and cool–down periods. 23 (4) “Preseason practice” means the initial 14 days of practice for a student 24 athlete. 25 (5) “Recovery period” means the time between the end of one practice or 26 walk–through and the beginning of the next practice or walk–through. 27 (6) “Student athlete” means a student who participates in an athletic 28 program for high school students in a State secondary school that is a member of the 29 Maryland Public Secondary Schools Athletic Association. 30 (7) (i) “Walk–through” means a teaching opportunity when an athlete 31 is not wearing protective equipment, including helmets, shoulder pads, catcher’s gear, or 32 shin guards, or using other sports–related equipment. 33 HOUSE BILL 836 5 (ii) “Walk–through” does not include any part of a practice period. 1 (b) (1) The Department, in collaboration with the Maryland Department of 2 Health, each county board, the Maryland Public Secondary Schools Athletic Association, 3 the Maryland Athletic Trainers’ Association, and representatives of licensed health care 4 providers who treat student athletes, shall develop a model policy for preseason–practice 5 heat acclimatization guidelines for student athletes. 6 (2) Each local board shall adopt preseason–practice heat acclimatization 7 guidelines for student athletes CONSISTENT WITH THE MODEL POLICY FOR 8 PRESEASON–PRACTICE HEAT ACCLIMATIZATION GUIDELINES FOR STUDENT 9 ATHLETES ESTABLISHED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 10 (c) The preseason–practice heat acclimatization guidelines shall include 11 requirements for the duration of a practice time, a walk–through, and a recovery period 12 during preseason practice. 13 (D) EACH COUNTY BOARD SHA LL: 14 (1) ENSURE THAT A STOCK T ANK OR INFLATABLE PO OL IS AVAILABLE 15 TO STUDENT ATHLETES AT ALL SCHOOL –SPONSORED ATHLETIC P RACTICES AND 16 EVENTS; 17 (2) ENSURE THAT AN INDIVI DUAL TRAINED IN HEAT 18 ACCLIMATIZATION SAFETY IS PRESENT AT ALL SC HOOL–SPONSORED ATHLETIC 19 PRACTICES AND EVENTS ; 20 (3) REPORT TO THE DEPARTMENT THE NAMES OF EACH INDIVIDUAL 21 AT EACH SCHOOL IN TH E COUNTY WHO COMPLET ED INITIAL AND ANY R EFRESHER 22 TRAINING IN THE HEAT ACCLIMATIZATION S AFETY STANDARDS AND PROCEDURES 23 IN ACCORDANCE WITH I TEM (2) OF THIS SUBSECTION A ND THE DATE EACH TRA INING 24 WAS COMPLETED ; 25 (4) DEVELOP AN EMERGENCY PLAN CONSISTENT WITH THE MODEL 26 POLICY FOR PRESEASON–PRACTICE HEAT ACCLIMATIZATION GUIDELINES FOR 27 STUDENT–ATHLETES ESTABLISHED UN DER SUBSECTION (B)(1) OF THIS SECTION ; 28 AND 29 (5) DISTRIBUTE THE EMERGE NCY PLAN DEVELOPED U NDER ITEM (4) 30 OF THIS SUBSECTION T O THE PARENT OR GUAR DIAN OF EACH STUDENT ATHLETE AT 31 THE BEGINNING OF EAC H SCHOOL YEAR . 32 6 HOUSE BILL 836 (D) EACH MIDDLE SCHOOL AN D HIGH SCHOOL SHALL DEVELOP A 1 VENUE–SPECIFIC EMERGENCY A CTION PLAN FOR HEAT ACCLIMATIZATION THAT 2 MEETS THE REQUIREMEN TS OF § 7–450 OF THIS SUBTITLE. 3 7–450. 4 (A) (1) EACH MIDDLE SCHOOL AN D HIGH SCHOOL SHALL DEVELOP A 5 VENUE–SPECIFIC EMERGENCY A CTION PLAN FOR ALL A THLETIC FACILITIES . 6 (2) A VENUE–SPECIFIC EMERGENCY A CTION PLAN INCLUDES : 7 (I) THE OPERATION AND USE OF AUTOMATIC EXTERNA L 8 DEFIBRILLATORS IN AC CORDANCE WITH § 7–425 OF THIS SUBTITLE; 9 (II) HEAT ACCLIMATIZATION IN ACCORDANCE WITH § 7–434 OF 10 THIS SUBTITLE; AND 11 (III) COORDINATION OF CARE FOR OTHER EMERGENT I NJURIES, 12 INCLUDING CERVICAL S PINAL INJURY, CONCUSSION AND CLOSE D HEAD INJURY , 13 MAJOR ORTHOPEDIC INJ URIES, AND SEVERE WEATHER F OR OUTDOOR FACILITIE S. 14 (B) A VENUE–SPECIFIC EMERGENCY A CTION PLAN DEVELOPED UNDER 15 THIS SECTION SHALL BE : 16 (1) POSTED AT EACH ATHLET IC FACILITY AT THE S CHOOL; 17 (2) AVAILABLE ON THE SCHO OL’S WEBSITE FOR VIEWIN G BY A 18 STUDENT ATHLETE ’S PARENT OR GUARDIAN AT THE BEGINNING OF EACH SCHOOL 19 YEAR; 20 (3) DISTRIBUTED TO EACH M EMBER OF THE COACHIN G STAFF; AND 21 (4) REHEARSED IN PERSON A ND INTERACTIVELY BY ALL OF THE 22 COACHING STAFF OF EA CH SPORT BEFORE EACH OF THEIR RESPECTIVE SEASONS. 23 (C) THE PROVISIONS OF A V ENUE–SPECIFIC EMERGENCY A CTION PLAN FOR 24 THE OPERATION AND US E OF AUTOMATIC EXTER NAL DEFIBRILLATORS SHALL 25 ENSURE THAT : 26 (1) AN AUTOMATED EXTERNAL DEFIBRILLATOR IS PRO VIDED 27 ON–SITE AND IS LOCATED AT OR WITHIN A BRIEF WALK FROM AN ATHLETI C 28 PRACTICE OR EVENT ON SCHOOL PROPERTY ; 29 HOUSE BILL 836 7 (2) AN AUTOMATED EXTERNAL DEFIBRILLATOR IS FRE ELY 1 ACCESSIBLE DURING ALL SCHOOL FUNCTIONS; 2 (3) ALL MEMBERS OF THE CO ACHING STAFF ARE TRA INED IN THE 3 OPERATION AND USE OF AN AUTOMATED EXTERNA L DEFIBRILLATOR ; AND 4 (4) A TRAINED MEMBER OF TH E COACHING STAFF IS PRESENT AT ALL 5 ATHLETIC PRACTICES A ND EVENTS ON SCHOOL PROPERTY . 6 (D) THE PROVISIONS OF A V ENUE–SPECIFIC EMERGENCY A CTION PLAN FOR 7 HEAT ACCLIMATIZATION SHALL: 8 (1) INCLUDE GUIDELINES FO R STUDENT ATHLETES C ONSISTENT 9 WITH THE MODEL POLICY FOR PRESEASON–PRACTICE HEAT ACCLIMATIZATION 10 GUIDELINES FOR STUDENT ATHLETES ESTABLISHED UNDER § 7–434 OF THIS 11 SUBTITLE; 12 (2) ENSURE THAT EACH SCHO OL IS PROPERLY PREPA RED AND 13 EQUIPPED TO INITIATE COLD WATER IMMERSION FOR THE TREATMENT OF 14 EXERTIONAL HEAT STRO KE; 15 (3) ENSURE THAT THE COOLI NG MODALITY IS READI LY AVAILABLE 16 TO STUDENT ATHLETES AT ALL ATHLETIC PRAC TICES AND EVENTS ON SCHOOL 17 PROPERTY; 18 (4) ENSURE THAT ALL MEMBE RS OF THE COACHING S TAFF ARE 19 TRAINED IN COLD WATE R IMMERSION; AND 20 (5) ENSURE THAT A TRAINED MEMBER OF THE COACHI NG STAFF IS 21 PRESENT AT ALL ATHLETIC PRACTICES A ND EVENTS ON SCHOOL PROPERTY. 22 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23 1, 2022. 24