HB0117 • 2026

Public Schools - Airway Clearing Device Availability and Use - Policy (Bowen Levy Airway Clearing Device Act)

Education

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Delegate Metzgar
Last action: 2026-01-15
Official status: In the House - Hearing 1/29 at 1:00 p.m.
Effective date: 2026-07-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Public Schools - Airway Clearing Device Availability and Use - Policy (Bowen Levy Airway Clearing Device Act)

Requiring each county board of education to establish a policy to obtain at least one airway clearing device per school and to authorize school nurses and other school personnel to use an airway clearing device in certain emergency situations; and requiring the State Department of Education to develop and disseminate a form for public schools to report each incident requiring the use of an airway clearing device.

What This Bill Does

Requiring each county board of education to establish a policy to obtain at least one airway clearing device per school and to authorize school nurses and other school personnel to use an airway clearing device in certain emergency situations; and requiring the State Department of Education to develop and disseminate a form for public schools to report each incident requiring the use of an airway clearing device.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-01-15 House
Hearing 1/29 at 1:00 p.m.
2026-01-14 House
First Reading Ways and Means
2025-09-12 House
Pre-filed
Maryland General Assembly
Text - First - Public Schools - Airway Clearing Device Availability and Use - Policy (Bowen Levy Airway Clearing Device Act)

Official Summary Text

Requiring each county board of education to establish a policy to obtain at least one airway clearing device per school and to authorize school nurses and other school personnel to use an airway clearing device in certain emergency situations; and requiring the State Department of Education to develop and disseminate a form for public schools to report each incident requiring the use of an airway clearing device.

Current Bill Text

Read the full stored bill text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0117*

HOUSE BILL 117
F1 6lr0837
(PRE–FILED) CF SB 219
By: Delegate Metzgar
Requested: September 12, 2025
Introduced and read first time: January 14, 2026
Assigned to: Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Public Schools – Airway Clearing Device Availability and Use – Policy 2
(Bowen Levy Airway Clearing Device Act) 3

FOR the purpose of requiring each county board of education to establish a policy to obtain 4
at least one airway clearing device per school and to authorize school nurses and 5
other school personnel to use an airway clearing device in certain emergency 6
situations; requiring the State Department of Education to develop and disseminate 7
a fo rm for public schools to report each incident requiring the use of an airway 8
clearing device; and generally relating to the availability and use of airway clearing 9
devices in public schools. 10

BY adding to 11
Article – Education 12
Section 7–426.8 13
Annotated Code of Maryland 14
(2025 Replacement Volume and 2025 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

7–426.8. 19

(A) IN THIS SECTION , “AIRWAY CLEARING DEVI CE” MEANS A PORTABLE 20
MEDICAL DEVICE THAT USES MANUALLY CREATE D SUCTION TO REMOVE A 21
BLOCKAGE FROM THE AIRWAY DURING A CHOKING EMERGENCY. 22

2 HOUSE BILL 117

(B) EACH COUNTY BOARD SHA LL ESTABLISH A POLIC Y FOR PUBLIC 1
SCHOOLS WITHIN ITS JURISDICTION TO: 2

(1) OBTAIN AT LEAST ONE A IRWAY CLEARING DEVICE PER SCHOOL; 3
AND 4

(2) AUTHORIZE THE SCHOOL NURSE OR OTHER SCHOOL PERSONNEL 5
TO USE AN AIRWAY CLEARING DEVICE ON AN INDIVIDUAL EXPERIENCING A CHOKING 6
EMERGENCY. 7

(C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 8
SHALL INCLUDE REQUIREMENTS FOR: 9

(1) STORAGE OF AN AIRWAY CLEARING DEVICE IN THE AREAS WHERE 10
STUDENTS OR SCHOOL PERSONNEL PRIMARILY EAT; AND 11

(2) TRAINING FOR THE SCHO OL NURSE AND OTHER S CHOOL 12
PERSONNEL ON: 13

(I) HOW TO RECOGNIZE THE SYMPTOMS OF AN INDIV IDUAL 14
EXPERIENCING A CHOKING EMERGENCY; AND 15

(II) PROCEDURES FOR THE US E OF AN AIRWAY CLEAR ING 16
DEVICE ON AN INDIVIDUAL EXPERIENCING A CHOKING EMERGENCY. 17

(D) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT , A SCHOOL 18
NURSE OR OTHER SCHOO L PERSONNEL WHO RESP ONDS IN GOOD FAITH TO AN 19
INDIVIDUAL EXPERIENCING A CHOKING EMERGE NCY IN ACCORDANCE WI TH THIS 20
SECTION MAY NOT BE HELD PERSONALLY LIABLE FOR ANY ACT OR OMISSION IN THE 21
COURSE OF RESPONDING TO THE EMERGENCY. 22

(E) (1) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINAT E A 23
STANDARD FORM FOR PU BLIC SCHOOLS TO REPO RT EACH INCIDENT REQ UIRING 24
THE USE OF AN AIRWAY CLEARING DEVICE AT THE SCHOOL. 25

(2) EACH PUBLIC SCHOOL SHALL REPORT TO THE DEPARTMENT, ON 26
THE FORM THAT THE DEPARTMENT DEVELOPS, EACH INCIDENT AT THE SCHOOL OR 27
AT A RELATED SCHOOL EVENT THAT REQUIRED THE USE OF AN AIRWAY CLE ARING 28
DEVICE. 29

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2026. 31