Public Schools - Airway Clearing Device Availability and Use - Policy (Bowen Levy Airway Clearing Device Act)
Summary
HB117, the Bowen Levy Airway Clearing Device Act, requires each county board of education to adopt a policy ensuring that every public school obtains at least one airway clearing device, a portable suction-based medical device intended to remove an airway blockage during a choking emergency. The bill also requires schools to authorize school nurses and other school personnel to use the device in an emergency, and it directs schools to store the device in areas where students or staff primarily eat.
The bill further requires training for school nurses and other personnel on recognizing choking emergencies and on using the device. It also provides limited liability protection for school nurses and other school personnel who act in good faith during a choking emergency, except in cases of willful or grossly negligent conduct. In addition, the Maryland State Department of Education must create and distribute a standard reporting form, and each public school must report every incident in which an airway clearing device is used at the school or at a related school event. The act takes effect July 1, 2026.
Impact
HB117 would add a new section to the Education Article, Section 7-426.8, creating a statewide framework for airway clearing device availability, staff authorization, training, incident reporting, and limited immunity in public schools. It would impose new operational duties on county boards of education and public schools, while also requiring the State Department of Education to develop reporting materials and collect incident data. The bill affects school health and safety policies, emergency response procedures, and potential liability exposure for school personnel.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the overall sentiment appears supportive and safety-oriented. The measure is framed as a student-protection bill aimed at improving emergency response to choking incidents in schools. No opposing viewpoints are documented in the available context, but the inclusion of training, reporting, and liability provisions suggests an effort to balance safety with implementation concerns.
Contention
The main policy issues likely concern implementation details rather than the core goal of the bill. Potential points of contention include the cost and logistics of purchasing and maintaining at least one device per school, where devices must be stored, what training is sufficient for non-medical personnel, and how broad the good-faith immunity should be. Another possible issue is the reporting requirement, which may be viewed as useful for oversight but also as an administrative burden on schools and the Department.