EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 5, 2022
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 middle schools and high schools 10
to develop venue–specific emergency action plans for the operation and use of 11
automatic external defibrillators, heat acclimatization, and coordination of care for 12
other emergent injuries and severe weather for outdoor facilities; and generally 13
relating to student athletics in public schools in the State. 14
BY adding to 15
Article – Education 16
Section 7–129 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Education 21
Section 7–425 and 7–434 22
Annotated Code of Maryland 23 2 SENATE BILL 638
(2018 Replacement Volume and 2021 Supplement) 1
BY adding to 2
Article – Education 3
Section 7–450 4
Annotated Code of Maryland 5
(2018 Replacement Volume and 2021 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Education 9
7–129. 10
(A) ON OR BEFORE DECEMBER 1, 2023, AND EACH DECEMBER 1 11
THEREAFTER , EACH COUNTY SUPERINT ENDENT SHALL SUBMIT TO THE 12
DEPARTMENT A REPORT O N PUBLIC HIGH SCHOOL SPORTS TEAMS IN THE COUNTY. 13
(B) THE REPORT REQUIRED U NDER THIS SECTION SH ALL INCLUDE: 14
(1) THE NUMBER OF SPORTS TEAMS AFFILIATED WIT H EACH PUBLIC 15
HIGH SCHOOL IN THE C OUNTY; 16
(2) THE TYPE OF SPORT EAC H TEAM PLAYS; 17
(3) THE CERTIFICATIONS , IF ANY, HELD BY A COACH OF E ACH SPORTS 18
TEAM; 19
(4) THE TYPE OF AFFILIATI ON BETWEEN THE SPORT S TEAM AND A 20
HIGH SCHOOL , INCLUDING: 21
(I) THE NUMBER OF STUDENT ATHLETES ON EACH SPO RTS 22
TEAM; 23
(II) THE NAME OF THE HIGH SCHOOL EACH STUDENT ATHLETE 24
ATTENDS; 25
(III) WHETHER THE SPORTS TE AM USES THE FACILITI ES AND 26
PROPERTY OF THE AFFI LIATED HIGH SCHOOL ; AND 27
(IV) WHETHER THE SPORTS TE AM USES THE AFFILIAT ED HIGH 28
SCHOOL’S LOGO AND NAME ; 29
SENATE BILL 638 3
(5) WHETHER THE SPORTS TE AM HAS A BOARD OF DIRECTORS AND, 1
IF SO, WHAT CERTIFICATIONS THE DIRECTORS HOLD ; AND 2
(6) ANY OTHER RELEVANT IN FORMATION AS DETERMI NED BY THE 3
DEPARTMENT . 4
7–425. 5
(A) IN THIS SECTION , “PRACTICE” HAS THE MEANING STAT ED IN § 6
7–434 OF THIS SUBTITLE . 7
[(a)] (B) (1) Each county board shall develop and implement an automated 8
external defibrillator program that meets the requirements of § 13–517 of this article for 9
each high school and middle school in the county. 10
(2) The program required under paragraph (1) of this subsection shall 11
include provisions that: 12
(i) Ensure that an automated external defibrillator is provided on 13
site AND IS LOCATED IN CL OSE PROXIMITY TO EAC H SCHOOL–SPONSORED ATHLETIC 14
PRACTICE AND EVENT ; [and] 15
(ii) An individual trained in the operation and use of an automated 16
external defibrillator is present at all school–sponsored athletic PRACTICES AND events; 17
(III) REQUIRE THE DEVELOPME NT OF AN EMERGENCY P LAN AT 18
EACH SCHOOL ; AND 19
(IV) REQUIRE THE EMERGENCY PLAN DEVELOPED UNDER ITEM 20
(III) OF THIS PARAGRAPH TO BE DISTRIBUTED TO EA CH STUDENT ATHLETE ’S 21
PARENT OR GUARDIAN A T THE BEGINNING OF E ACH SCHOOL YEAR . 22
(3) EACH COUNTY BOARD SHA LL REPORT THE FOLLOW ING 23
INFORMATION TO THE DEPARTMENT EACH YEAR : 24
(I) THE NUMBER AND LOCATI ON OF EACH AUTOMATIC 25
EXTERNAL DEFIBRILLAT OR AT EACH SCHOOL IN THE COUNTY; AND 26
(II) A LIST OF EACH INDIVID UAL AT EACH SCHOOL I N THE 27
COUNTY WHO HAS COMPL ETED INITIAL AND REF RESHER TRAINING ON T HE 28
OPERATION AND USE OF AUTOMATED EXTERNAL D EFIBRILLATORS AND TH E DATE 29
EACH TRAINING WAS CO MPLETED. 30
4 SENATE BILL 638
[(b)] (C) The Department, in consultation with the Maryland Department of 1
Health, the Maryland State School Health Council, and the Maryland Institute for 2
Emergency Medical Services Systems, shall adopt regulations that: 3
(1) Establish guidelines for periodic inspections and annual maintenance 4
of the automated external defibrillators; and 5
(2) Assist county boards in carrying out the provisions of this section. 6
(C) EACH MIDDLE SCHOOL AN D HIGH SCHOOL SHALL DEVELOP A 7
VENUE–SPECIFIC EMERGENCY A CTION PLAN FOR THE O PERATION AND USE OF 8
AUTOMATIC EXTERNAL D EFIBRILLATORS THAT M EETS THE REQUIREMENT S OF § 9
7–450 OF THIS SUBTITLE . 10
7–434. 11
(a) (1) In this section the following words have the meanings indicated. 12
(2) “Heat acclimatization” means enhancing an individual’s exercise heat 13
tolerance and ability to exercise safely and effectively in warm to hot conditions. 14
(3) “Practice” means a period of time a student athlete engages in physical 15
activity during a coach–supervised, school–approved sports– or conditioning–related 16
activity, including warm–up, stretching, weight training, and cool–down periods. 17
(4) “Preseason practice” means the initial 14 days of practice for a student 18
athlete. 19
(5) “Recovery period” means the time between the end of one practice or 20
walk–through and the beginning of the next practice or walk–through. 21
(6) “Student athlete” means a student who participates in an athletic 22
program for high school students in a State secondary school that is a member of the 23
Maryland Public Secondary Schools Athletic Association. 24
(7) (i) “Walk–through” means a teaching opportunity when an athlete 25
is not wearing protective equipment, including helmets, shoulder pads, catcher’s gear, or 26
shin guards, or using other sports–related equipment. 27
(ii) “Walk–through” does not include any part of a practice period. 28
(b) (1) The Department, in collaboration with the Maryland Department of 29
Health, each county board, the Maryland Public Secondary Schools Athletic Association, 30
the Maryland Athletic Trainers’ Association, and representatives of licensed health care 31
providers who treat student athletes, shall develop a model policy for preseason–practice 32
heat acclimatization guidelines for student athletes. 33
SENATE BILL 638 5
(2) Each local board shall adopt preseason–practice heat acclimatization 1
guidelines for student athletes CONSISTENT WITH THE MODEL POLICY FOR 2
PRESEASON–PRACTICE HEAT ACCLIMATIZATION GUIDELINES FOR STUDENT 3
ATHLETES ESTABLISHED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 4
(c) The preseason–practice heat acclimatization guidelines shall include 5
requirements for the duration of a practice time, a walk–through, and a recovery period 6
during preseason practice. 7
(D) EACH COUNTY BOARD SHA LL: 8
(1) ENSURE THAT A STOCK T ANK OR INFLATABLE POOL IS AVA ILABLE 9
TO STUDENT ATHLETES AT ALL SCHOOL –SPONSORED ATHLETIC P RACTICES AND 10
EVENTS; 11
(2) ENSURE THAT AN INDIVI DUAL TRAINED IN HEAT 12
ACCLIMATIZATION SAFE TY IS PRESENT AT ALL SCHOOL–SPONSORED ATHLETIC 13
PRACTICES AND EVENTS ; 14
(3) REPORT TO THE DEPARTMENT THE NAMES OF EACH INDIVIDUAL 15
AT EACH SCHOOL IN TH E COUNTY WHO COMPLET ED INITIAL AND ANY R EFRESHER 16
TRAINING IN THE HEAT ACCLIMATIZATION SAFE TY STANDARDS AND PRO CEDURES 17
IN ACCORDANCE WITH I TEM (2) OF THIS SUBSECTION A ND THE DATE EACH TRA INING 18
WAS COMPLETED ; 19
(4) DEVELOP AN EMERGENCY PLAN CONSISTENT WITH THE MODEL 20
POLICY FOR PRESEASON–PRACTICE HEAT ACCLIMATIZATION GUIDELINES FOR 21
STUDENT–ATHLETES ESTABLISHED UNDER SUBSECTION (B)(1) OF THIS SECTION ; 22
AND 23
(5) DISTRIBUTE THE EMERGE NCY PLAN DEVELOPED UNDER ITEM (4) 24
OF THIS SUBSECTION T O THE PARENT OR GUAR DIAN OF EACH STUDENT ATHLETE AT 25
THE BEGINNING OF EAC H SCHOOL YEAR . 26
(D) EACH HIGH SCHOOL SHAL L DEVELOP A VENUE –SPECIFIC EMERGENCY 27
ACTION PLAN FOR HEAT ACCLIMATIZATION THAT MEETS THE REQUIREMEN TS OF § 28
7–450 OF THIS SUBTITLE . 29
7–450. 30
(A) (1) EACH MIDDLE SCHOOL AN D HIGH SCHOOL SHALL DEVELOP A 31
VENUE–SPECIFIC EMERGENCY A CTION PLAN FOR ALL ATHLETIC FACILITIES. 32
(2) A VENUE–SPECIFIC EMERGENCY A CTION PLAN INCLUDES : 33
6 SENATE BILL 638
(I) THE OPERATION AND USE OF AUTOMATIC EXTERNA L 1
DEFIBRILLATORS IN AC CORDANCE WITH § 7–425 OF THIS SUBTITLE; 2
(II) HEAT ACCLIMATIZATION IN ACCORDANCE WITH § 7–434 OF 3
THIS SUBTITLE; AND 4
(III) COORDINATION OF CARE FOR OTHER EMERGENT I NJURIES, 5
INCLUDING CERVICAL S PINAL INJURY, CONCUSSION AND CLOSE D HEAD INJURY , 6
MAJOR ORTHOPEDIC INJ URIES, AND SEVERE WEATHER F OR OUTDOOR FACILITIE S. 7
(B) A VENUE–SPECIFIC EMERGE NCY ACTION PLAN DEVE LOPED UNDER 8
THIS SECTION SHALL B E: 9
(1) POSTED AT EACH ATHLET IC FACILITY AT THE S CHOOL; 10
(2) AVAILABLE ON THE SCHO OL’S WEBSITE FOR VIEWIN G BY A 11
STUDENT ATHLETE ’S PARENT OR GUARDIAN AT THE BEGINNING OF EACH SCHOOL 12
YEAR; 13
(3) DISTRIBUTED TO EACH MEMB ER OF THE COACHING S TAFF; AND 14
(4) REHEARSED IN PERSON A ND INTERACTIVELY BY ALL OF THE 15
COACHING STAFF OF EA CH SPORT BEFORE EACH OF THEIR RESPECTIVE SEASONS. 16
(C) THE PROVISIONS OF A V ENUE–SPECIFIC EMERGENCY A CTION PLAN FOR 17
THE OPER ATION AND USE OF AUT OMATIC EXTERNAL DEFI BRILLATORS SHALL 18
ENSURE THAT : 19
(1) AN AUTOMATED EXTERNAL DEFIBRILLATOR IS PRO VIDED 20
ON–SITE AND IS LOCATED AT OR WITHIN A 3–MINUTE WALK FROM AN ATHLETIC 21
PRACTICE OR EVENT ON SCHOOL PROPERTY ; 22
(2) AN AUTOMATED EXTERNAL DEFIBRILLATOR IS FRE ELY 23
ACCESSIBLE DURING AL L SCHOOL FUNCTIONS ; 24
(3) ALL MEMBERS OF THE CO ACHING STAFF ARE TRA INED IN THE 25
OPERATION AND USE OF AN AUTOMATED EXTERNA L DEFIBRILLATOR ; AND 26
(4) A TRAINED MEMBER OF TH E COACHING STAFF IS PRESENT AT ALL 27
ATHLETIC PRACTICES A ND EVENTS ON SCHOOL PROPERTY. 28
(D) THE PROVISIONS OF A V ENUE–SPECIFIC EMERGENCY A CTION PLAN FOR 29
HEAT ACCLIMATIZATION SHALL: 30
SENATE BILL 638 7
(1) INCLUDE GUIDELINES FO R STUDENT ATHLETES C ONSISTENT 1
WITH THE MODEL POLICY FOR PRESEASON–PRACTICE HEAT ACCLIMATIZATION 2
GUIDELINES FOR STUDENT ATHLETES ESTABLISHED UNDER § 7–434 OF THIS 3
SUBTITLE; 4
(2) ENSURE THAT EACH SCHO OL IS PROPERLY PREPA RED AND 5
EQUIPPED TO INITIATE COLD WATER IMMERSION FOR THE TREATMENT OF 6
EXERTIONAL HEAT STRO KE; 7
(3) ENSURE THAT A COOLING MODALITY IS READILY AVAILABLE TO 8
STUDENT ATHLETES AT ALL ATHLETIC PRACTIC ES AND EVENTS ON SCH OOL 9
PROPERTY; 10
(4) ENSURE THAT ALL MEMBE RS OF THE COACHING S TAFF ARE 11
TRAINED IN COLD WATE R IMMERSION; AND 12
(5) ENSURE THAT A TRAINED MEMBER OF THE COACHI NG STAFF IS 13
PRESENT AT ALL ATHLE TIC PRACTICES AND EV ENTS ON SCHOOL PROPE RTY. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2022. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.