Maryland 2022 Regular Session

Maryland House Bill HB836 Latest Draft

Bill / Chaptered Version Filed 05/02/2022

                             LAWRENCE J. HOGAN, JR., Governor Ch. 212 
 
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Chapter 212 
(House Bill 836) 
 
AN ACT concerning 
 
Public Schools – Student Athletics – Requirements and Reports Emergency 
Action Plans 
(Elijah Gorham Act) 
 
FOR the purpose of requiring each county superintendent of schools to submit a certain 
report on public high school sports teams in the county to the State Department of 
Education on or before a certain date each year; altering the requirements for an 
automated external defibrillator program in public middle and high schools; altering 
the requirements for actions to be taken by county boards of education regarding 
heat acclimatization for student athletes; requiring the State Board of Education to 
develop and implement a certain educational program for student athletes; requiring 
middle schools and high schools to develop venue–specific emergency action plans 
for the operation and use of automatic external defibrillators, heat acclimatization, 
and coordination of care for other emergent injuries and severe weather for outdoor 
facilities; and generally relating to student athletics in public schools in the State.  
 
BY adding to 
 Article – Education 
 Section 7–129 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2021 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Education 
Section 7–425 and 7–434 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2021 Supplement) 
 
BY adding to 
 Article – Education 
 Section 7–450 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2021 Supplement)  
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Education 
 
7–129.  
  Ch. 212 	2022 LAWS OF MARYLAND  
 
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 (A) ON OR BEFORE DECEMBER 1, 2023, AND EACH DECEMBER 1 
THEREAFTER , EACH COUNTY SUPERINTE NDENT SHALL SUBMIT T O THE 
DEPARTMENT A REPORT O N PUBLIC HIGH SCHOOL SPORTS TEAMS IN THE COUNTY.  
 
 (B) THE REPORT REQUIRED U NDER THIS SECTION SH ALL INCLUDE: 
 
 (1) THE NUMBER OF SPORTS TEAMS AFFILIATED WIT H EACH PUBLIC 
HIGH SCHOOL IN THE COUNTY; 
 
 (2) THE TYPE OF SPORT EAC H TEAM PLAYS;  
 
 (3) THE CERTIFICATIONS , IF ANY, HELD BY A COACH OF E ACH SPORTS 
TEAM; 
 
 (4) THE TYPE OF AFFILIATI ON BETWEEN THE SPORT S TEAM AND A 
HIGH SCHOOL , INCLUDING: 
 
 (I) THE NUMBER OF STUDENT ATHLETES ON EA CH SPORTS 
TEAM;  
 
 (II) THE NAME OF THE HIGH SCHOOL EACH STUDENT ATHLETE 
ATTENDS; 
 
 (III) WHETHER THE SPORTS TE AM USES THE FACILITI ES AND 
PROPERTY OF THE AFFI LIATED HIGH SCHOOL ; AND 
 
 (IV) WHETHER THE SPORTS TE AM USES THE AFFILIAT ED HIGH 
SCHOOL’S LOGO AND NAME ; 
 
 (5) WHETHER THE SPORTS TE AM HAS A BOARD OF DI RECTORS AND , 
IF SO, WHAT CERTIFICATIONS THE DIRECTORS HOLD ; AND 
 
 (6) ANY OTHER RELEVANT IN FORMATION AS DETERMI NED BY THE 
DEPARTMENT .  
 
7–425. 
 
 (A) IN THIS SECTION , “PRACTICE” HAS THE MEANING STATED IN §  
7–434 OF THIS SUBTITLE .  
 
 [(a)] (B) (1) Each county board shall develop and implement an automated 
external defibrillator program that meets the requirements of § 13–517 of this article for 
each high school and middle school in the county.  
   LAWRENCE J. HOGAN, JR., Governor Ch. 212 
 
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 (2) The program required under paragraph (1) of this subsection shall 
include provisions that: 
 
 (i) Ensure that an automated external defibrillator is provided on 
site AND IS LOCATED IN CL OSE PROXIMITY TO EAC H SCHOOL–SPONSORED ATHLETIC 
PRACTICE AND E VENT; [and] 
 
 (ii) An individual trained in the operation and use of an automated 
external defibrillator is present at all school–sponsored athletic PRACTICES AND events;  
 
 (III) REQUIRE THE DEVELOPME NT OF AN EMERGENCY P LAN AT 
EACH SCHOOL ; AND 
 
 (IV) REQUIRE THE EMERGENCY PLAN DEVELOPED UNDER ITEM 
(III) OF THIS PARAGRAPH TO BE DISTRIBUTED TO EA CH STUDENT ATHLETE ’S 
PARENT OR GUARDIAN A T THE BEGINNING OF E ACH SCHOOL YEAR . 
 
 (3) EACH COUNTY BOARD SHA	LL REPORT THE FOLLOW	ING 
INFORMATION TO THE DEPARTMENT EACH YEAR : 
 
 (I) THE NUMBER AND LOCATI ON OF EACH AUTOMATIC 
EXTERNAL DEFIBRILLAT OR AT EACH SCHOOL IN THE COUNTY; AND 
 
 (II) A LIST OF EACH INDIVID UAL AT EACH SCHOOL I N THE 
COUNTY WHO HAS COMPL ETED INITIAL AND REF RESHER TRAINING ON T HE 
OPERATION AND USE OF AUTOMATED EXT ERNAL DEFIBRILLATORS AND THE DATE 
EACH TRAINING WAS CO MPLETED. 
 
 [(b)] (C) The Department, in consultation with the Maryland Department of 
Health, the Maryland State School Health Council, and the Maryland Institute for 
Emergency Medical Services Systems, shall adopt regulations that: 
 
 (1) Establish guidelines for periodic inspections and annual maintenance 
of the automated external defibrillators; and 
 
 (2) Assist county boards in carrying out the provisions of this section. 
 
 (C) EACH MIDDLE SCHOOL AN D HIGH SCHOOL SHALL DEVELOP A  
VENUE–SPECIFIC EMERGENCY A CTION PLAN FOR THE O PERATION AND USE OF 
AUTOMATIC EXTERNAL D EFIBRILLATORS THAT M EETS THE REQUIREMENT S OF §  
7–450 OF THIS SUBTITLE .  
 
7–434. 
 
 (a) (1) In this section the following words have the meanings indicated.  Ch. 212 	2022 LAWS OF MARYLAND  
 
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 (2) “Heat acclimatization” means enhancing an individual’s exercise heat 
tolerance and ability to exercise safely and effectively in warm to hot conditions. 
 
 (3) “Practice” means a period of time a student athlete engages in physical 
activity during a coach–supervised, school–approved sports– or conditioning–related 
activity, including warm–up, stretching, weight training, and cool–down periods. 
 
 (4) “Preseason practice” means the initial 14 days of practice for a student 
athlete. 
 
 (5) “Recovery period” means the time between the end of one practice or 
walk–through and the beginning of the next practice or walk–through. 
 
 (6) “Student athlete” means a student who participates in an athletic 
program for high school students in a State secondary school that is a member of the 
Maryland Public Secondary Schools Athletic Association. 
 
 (7) (i) “Walk–through” means a teaching opportunity when an athlete 
is not wearing protective equipment, including helmets, shoulder pads, catcher’s gear, or 
shin guards, or using other sports–related equipment. 
 
 (ii) “Walk–through” does not include any part of a practice period. 
 
 (b) (1) The Department, in collaboration with the Maryland Department of 
Health, each county board, the Maryland Public Secondary Schools Athletic Association, 
the Maryland Athletic Trainers’ Association, and representatives of licensed health care 
providers who treat student athletes, shall develop a model policy for preseason–practice 
heat acclimatization guidelines for student athletes. 
 
 (2) Each local board shall adopt preseason–practice heat acclimatization 
guidelines for student athletes CONSISTENT WITH THE MODEL POLICY FOR 
PRESEASON–PRACTICE HEAT ACCLIMATIZATION GUIDELINES FOR STUDENT 
ATHLETES ESTABLISHED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 
 
 (c) The preseason–practice heat acclimatization guidelines shall include 
requirements for the duration of a practice time, a walk–through, and a recovery period 
during preseason practice. 
 
 (D) EACH COUNTY BOARD SHALL : 
 
 (1) ENSURE THAT A STOCK T ANK OR INFLATABLE PO OL IS AVAILABLE 
TO STUDENT ATHLETES AT ALL SCHOOL –SPONSORED ATHLETIC P RACTICES AND 
EVENTS;  
   LAWRENCE J. HOGAN, JR., Governor Ch. 212 
 
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 (2) ENSURE THAT AN INDIVI	DUAL TRAINED IN HEAT 
ACCLIMATIZATION SAFE TY IS PRESENT AT ALL SCHOOL–SPONSORED ATHLETIC 
PRACTICES AND EVENTS ;  
 
 (3) REPORT TO THE DEPARTMENT THE NAMES OF EACH INDIVIDUAL 
AT EACH SCHOOL IN TH E COUNTY WHO COMPLET ED INITIAL AND ANY R EFRESHER 
TRAINING IN THE HEAT ACCLIMATIZATION SAFE TY STANDARDS AND PRO CEDURES 
IN ACCORDANCE WITH ITEM (2) OF THIS SUBSECTION A ND THE DATE EACH TRA INING 
WAS COMPLETED ; 
 
 (4) DEVELOP AN EMERGENCY PLAN CONSISTENT WITH THE MODEL 
POLICY FOR PRESEASON–PRACTICE HEAT ACCLIMATIZATION GUIDELINES FOR 
STUDENT–ATHLETES ESTABLISHED UNDER SUBSECTION (B)(1) OF THIS SECTION ; 
AND 
 
 (5) DISTRIBUTE THE EMERGE NCY PLAN DEVELOPED U NDER ITEM (4) 
OF THIS SUBSECTION T O THE PARENT OR GUAR DIAN OF EACH STUDENT ATHLETE AT 
THE BEGINNING OF EAC H SCHOOL YEAR .  
 
 (D) EACH MIDDLE SCHOOL AN D HIGH SCHOOL SHALL DEVELOP A  
VENUE–SPECIFIC EMERGENCY A CTION PLAN FOR HEAT ACCLIMATIZATION THAT 
MEETS THE REQUIREMEN TS OF § 7–450 OF THIS SUBTITLE.  
 
7–450. 
 
 (A) (1) EACH MIDDLE SCHOOL AN D HIGH SCHOOL SHALL DEVELOP A 
VENUE–SPECIFIC EMERGENCY A CTION PLAN FOR ALL A THLETIC FACILITIES .  
 
 (2) A VENUE–SPECIFIC EMERGENCY A CTION PLAN INCLUDES :  
 
 (I) THE OPERATION AND USE OF AUTOMATIC EXTERNA L 
DEFIBRILLATORS IN AC CORDANCE WITH § 7–425 OF THIS SUBTITLE;  
 
 (II) HEAT ACCLIMATIZATION IN ACCORDANCE WITH § 7–434 OF 
THIS SUBTITLE; AND  
 
 (III) COORDINATION OF CARE FOR OTHER EMERGENT I NJURIES, 
INCLUDING CERVICAL S PINAL INJURY, CONCUSSION AND CLOSE D HEAD INJURY , 
MAJOR ORTHOPEDIC INJ URIES, AND SEVERE WEATHER F OR OUTDOOR FACILITIE S.  
 
 (B) A VENUE–SPECIFIC EMERGENCY A CTION PLAN DEVELOPED UNDER 
THIS SECTION SHALL BE : 
 
 (1) POSTED AT EACH ATHLET IC FACILITY AT THE S CHOOL;   Ch. 212 	2022 LAWS OF MARYLAND  
 
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 (2) AVAILABLE ON THE SCHO OL’S WEBSITE FOR VIEWIN G BY A 
STUDENT ATHLETE ’S PARENT OR GUARDIAN AT THE BEGINNING OF EACH SCHOOL 
YEAR;  
 
 (3) DISTRIBUTED TO EACH M EMBER OF THE COACHIN G STAFF; AND  
 
 (4) REHEARSED IN PERSON A ND INTERACTIVELY BY ALL OF THE 
COACHING STAFF OF EA CH SPORT BEFORE EACH OF THEIR RESPECTIVE SEASONS.  
 
 (C) THE PROVISIONS OF A V ENUE–SPECIFIC EMERGENCY A CTION PLAN FOR 
THE OPERATION AND USE OF AUTOMATIC EXTERNAL D EFIBRILLATORS SHALL 
ENSURE THAT :  
 
 (1) AN AUTOMATED EXTERNAL DEFIBRILLATOR IS PRO VIDED  
ON–SITE AND IS LOCATED AT OR WITHIN A BRIEF WALK FROM AN ATHLETI C 
PRACTICE OR EVENT ON SCHOOL PROPERTY ; 
 
 (2) AN AUTOMATED EXTERNAL DEFIBRILLATOR IS FRE ELY 
ACCESSIBLE DURING AL L SCHOOL FUNCTIONS ;  
 
 (3) ALL MEMBERS OF THE CO ACHING STAFF ARE TRA INED IN THE 
OPERATION AND USE OF AN AUTOMATED EXTERNA L DEFIBRILLATOR ; AND  
 
 (4) A TRAINED MEMBER OF TH E COACHING STAFF IS PRESENT AT ALL 
ATHLETIC PRACTICES A ND EVENTS ON SCHOOL PROPERTY. 
 
 (D) THE PROVISIONS OF A V ENUE–SPECIFIC EMERGENCY A CTION PLAN FOR 
HEAT ACCLIMATIZATION SHALL: 
 
 (1) INCLUDE GUIDELINES FO R STUDENT ATHLETES C ONSISTENT 
WITH THE MODEL POLICY FOR PRESEASON–PRACTICE HEAT ACCLIMATIZATION 
GUIDELINES FOR STUDENT ATHLETES ESTABLISHED UNDER § 7–434 OF THIS 
SUBTITLE;  
 
 (2) ENSURE THAT EACH SCHO OL IS PROPERLY PREPA RED AND 
EQUIPPED TO INITIATE COLD WATER IMMERSION FOR THE TREATMENT OF 
EXERTIONAL HEAT STRO KE;  
 
 (3) ENSURE THAT THE COOLI NG MODALITY IS READI LY AVAILABLE 
TO STUDENT ATHLETES AT ALL ATHLETIC PRAC TICES AND EVENTS ON SCHOOL 
PROPERTY;  
   LAWRENCE J. HOGAN, JR., Governor Ch. 212 
 
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 (4) ENSURE THAT ALL MEMBE RS OF THE COACHING S TAFF ARE 
TRAINED IN COLD WATE R IMMERSION; AND  
 
 (5) ENSURE THAT A TRAIN ED MEMBER OF THE COA CHING STAFF IS 
PRESENT AT ALL ATHLE TIC PRACTICES AND EV ENTS ON SCHOOL PROPE RTY.  
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2022. 
 
Approved by the Governor, April 21, 2022.