LAWRENCE J. HOGAN, JR., Governor Ch. 212 – 1 – 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 – 2 – (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 – 3 – (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 – 4 – (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 – 5 – (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 – 6 – (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 – 7 – (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.