Maryland 2022 2022 Regular Session

Maryland Senate Bill SB638 Introduced / Bill

Filed 02/04/2022

                     
 
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0638*  
  
SENATE BILL 638 
F1   	2lr1745 
    	CF HB 836 
By: Senator Hettleman 
Introduced and read first time: February 3, 2022 
Assigned to: Education, Health, and Environmental Affairs 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Public Schools – Student Athletics – Requirements and Reports  2 
(Elijah Gorham Act) 3 
 
FOR the purpose of requiring each county superintendent of schools to submit a certain 4 
report on public high school sports teams in the county to the State Department of 5 
Education on or before a certain date each year; altering the requirements for an 6 
automated external defibrillator program in public middle and high schools; altering 7 
the requirements for actions to be taken by county boards of education regarding 8 
heat acclimatization for student athletes; and generally relating to student athletics 9 
in public schools in the State.  10 
 
BY adding to 11 
 Article – Education 12 
 Section 7–129 13 
 Annotated Code of Maryland 14 
 (2018 Replacement Volume and 2021 Supplement) 15 
 
BY repealing and reenacting, with amendments, 16 
 Article – Education 17 
Section 7–425 and 7–434 18 
 Annotated Code of Maryland 19 
 (2018 Replacement Volume and 2021 Supplement) 20 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 
That the Laws of Maryland read as follows: 22 
 
Article – Education 23 
 
7–129.  24 
  2 	SENATE BILL 638  
 
 
 (A) ON OR BEFORE DECEMBER 1, 2023, AND EACH DECEMBER 1 1 
THEREAFTER , EACH COUNTY SUPERINT ENDENT SHALL SUBMIT TO THE 2 
DEPARTMENT A REPORT O N PUBLIC HIGH SCHOOL SPORTS T EAMS IN THE COUNTY .  3 
 
 (B) THE REPORT REQUIRED U NDER THIS SECTION SH ALL INCLUDE: 4 
 
 (1) THE NUMBER OF SPORTS TEAMS AFFILIATED WIT H EACH PUBLIC 5 
HIGH SCHOOL IN THE C OUNTY; 6 
 
 (2) THE TYPE OF SPORT EAC H TEAM PLAYS;  7 
 
 (3) THE CERTIFICATIONS , IF ANY, HELD BY A COACH OF E ACH SPORTS 8 
TEAM; 9 
 
 (4) THE TYPE OF AFFILIATI ON BETWEEN THE SPORT S TEAM AND A 10 
HIGH SCHOOL , INCLUDING: 11 
 
 (I) THE NUMBER OF STUDENT ATHLETES ON EACH SPORTS 12 
TEAM;  13 
 
 (II) THE NAME OF THE HIGH SCHOOL EACH STUDENT ATHLETE 14 
ATTENDS; 15 
 
 (III) WHETHER THE SPORTS TE AM USES THE FACILITI ES AND 16 
PROPERTY OF THE AFFILIATED HIGH SCHOOL ; AND 17 
 
 (IV) WHETHER THE SPORTS TE AM USES THE AFFILIATED HIGH 18 
SCHOOL’S LOGO AND NAME ; 19 
 
 (5) WHETHER THE SPORTS TEAM HAS A BOARD OF DIRECTORS AND, 20 
IF SO, WHAT CERTIFICATIONS THE DIRECTORS HOLD ; AND 21 
 
 (6) ANY OTHER RELEVANT IN FORMATION AS DETERMINED BY THE 22 
DEPARTMENT .  23 
 
7–425. 24 
 
 (A) IN THIS SECTION , “PRACTICE” HAS THE MEANING STATED IN §  25 
7–434 OF THIS SUBTITLE.  26 
 
 [(a)] (B) (1) Each county board shall develop and implement an automated 27 
external defibrillator program that meets the requirements of § 13–517 of this article for 28 
each high school and middle school in the county.  29 
   	SENATE BILL 638 	3 
 
 
 (2) The program required under paragraph (1) of this subsection shall 1 
include provisions that: 2 
 
 (i) Ensure that an automated external defibrillator is provided on 3 
site AND IS LOCATED IN CLOSE PRO XIMITY TO EACH SCHOO L–SPONSORED ATHLETIC 4 
PRACTICE AND EVENT ; [and] 5 
 
 (ii) An individual trained in the operation and use of an automated 6 
external defibrillator is present at all school–sponsored athletic PRACTICES AND events;  7 
 
 (III) REQUIRE THE DEVELOPMENT OF A N EMERGENCY PLAN AT 8 
EACH SCHOOL ; AND 9 
 
 (IV) REQUIRE THE EMERGENCY PLAN DEVELOPED UNDER ITEM 10 
(III) OF THIS PARAGRAPH TO BE DISTRIBUTED TO EACH STUDENT ATHLETE ’S 11 
PARENT OR GUARDIAN AT THE BEGINNING OF EACH SCHOOL YEAR. 12 
 
 (3) EACH COUNTY BOARD SHA	LL REPORT THE FOLLOWING 13 
INFORMATION TO THE DEPARTMENT EACH YEAR: 14 
 
 (I) THE NUMBER AND LOCATION OF EACH AUT OMATIC 15 
EXTERNAL DEFIBRILLAT OR AT EACH SCHOOL IN TH E COUNTY; AND 16 
 
 (II) A LIST OF EACH INDIVIDUAL AT EACH SCHOOL IN TH E 17 
COUNTY WHO HAS COMPLETE D INITIAL AND REFRESHER TRAINING ON THE 18 
OPERATION AND USE OF AUTOMATED EXTERNAL DEFIBRILLATOR S AND THE DATE 19 
EACH TRAINING WAS CO MPLETED. 20 
 
 [(b)] (C) The Department, in consultation with the Maryland Department of 21 
Health, the Maryland State School Health Council, and the Maryland Institute for 22 
Emergency Medical Services Systems, shall adopt regulations that: 23 
 
 (1) Establish guidelines for periodic inspections and annual maintenance 24 
of the automated external defibrillators; and 25 
 
 (2) Assist county boards in carrying out the provisions of this section. 26 
 
7–434. 27 
 
 (a) (1) In this section the following words have the meanings indicated. 28 
 
 (2) “Heat acclimatization” means enhancing an individual’s exercise heat 29 
tolerance and ability to exercise safely and effectively in warm to hot conditions. 30 
 
 (3) “Practice” means a period of time a student athlete engages in physical 31  4 	SENATE BILL 638  
 
 
activity during a coach–supervised, school–approved sports– or conditioning–related 1 
activity, including warm–up, stretching, weight training, and cool–down periods. 2 
 
 (4) “Preseason practice” means the initial 14 days of practice for a student 3 
athlete. 4 
 
 (5) “Recovery period” means the time between the end of one practice or 5 
walk–through and the beginning of the next practice or walk–through. 6 
 
 (6) “Student athlete” means a student who participates in an athletic 7 
program for high school students in a State secondary school that is a member of the 8 
Maryland Public Secondary Schools Athletic Association. 9 
 
 (7) (i) “Walk–through” means a teaching opportunity when an athlete 10 
is not wearing protective equipment, including helmets, shoulder pads, catcher’s gear, or 11 
shin guards, or using other sports–related equipment. 12 
 
 (ii) “Walk–through” does not include any part of a practice period. 13 
 
 (b) (1) The Department, in collaboration with the Maryland Department of 14 
Health, each county board, the Maryland Public Secondary Schools Athletic Association, 15 
the Maryland Athletic Trainers’ Association, and representatives of licensed health care 16 
providers who treat student athletes, shall develop a model policy for preseason–practice 17 
heat acclimatization guidelines for student athletes. 18 
 
 (2) Each local board shall adopt preseason–practice heat acclimatization 19 
guidelines for student athletes. 20 
 
 (c) The preseason–practice heat acclimatization guidelines shall include 21 
requirements for the duration of a practice time, a walk–through, and a recovery period 22 
during preseason practice. 23 
 
 (D) EACH COUNTY BOARD SHALL : 24 
 
 (1) ENSURE THAT A STOCK TANK OR INFL ATABLE POOL IS AVAILABLE 25 
TO STUDENT ATHLETES AT ALL SCHOOL –SPONSORED ATHLETIC PRACTICES AND 26 
EVENTS;  27 
 
 (2) ENSURE THAT AN INDIVI	DUAL TRAINED IN HEAT 28 
ACCLIMATIZATION SAFE TY IS PRESENT AT ALL SCHOOL–SPONSORED ATHLETIC 29 
PRACTICES AND EVENTS;  30 
 
 (3) REPORT TO THE DEPARTMENT THE NAME S OF EACH INDIVIDUAL 31 
AT EACH SCHOOL IN TH E COUNTY WHO COMPLETED INITIAL AN D ANY REFRESHER 32 
TRAINING IN THE HEAT ACCLIMATIZATION SAFETY STANDARDS AND PROCEDURES 33 
IN ACCORDANCE WITH ITEM (2) OF THIS SUBSECTION AND THE DATE EACH TR AINING 34   	SENATE BILL 638 	5 
 
 
WAS COMPLETED ; 1 
 
 (4) DEVELOP AN EMERGENCY PLAN CON SISTENT WITH THE MODEL 2 
POLICY FOR PRESEASON–PRACTICE HEAT ACCLIMATIZATION GUIDELINES FOR 3 
STUDENT–ATHLETES ESTABLISHED UNDER SUBSECTION (B)(1) OF THIS SECTION ; 4 
AND 5 
 
 (5) DISTRIBUTE THE EMERGE NCY PLAN DEVELOPED UNDER ITEM (4) 6 
OF THIS SUBSECTION TO THE PARENT OR GUARDIAN OF EACH STUDENT ATHL ETE AT 7 
THE BEGINNING OF EAC H SCHOOL YEAR .   8 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9 
1, 2022. 10