Maryland Joins Other States in Establishing NIL and Safety Protocols for Student-Athletes

Anyone who follows college sports knows that the use of an athlete’s name, image and likeness (NIL) has been a hot topic during the last couple of years. Various states have enacted laws allowing student athletes to earn NIL compensation, contrary to the NCAA’s long established amateurism rules.

Maryland has become the latest state to join the growing chorus of states allowing NIL compensation with Governor Hogan signing the Jordan McNair Safe and Fair Play Act. The Act is named after Jordan McNair, the Maryland football player who tragically died in 2018.  The Act, which can be found here, implements player safety protocols (effective July 1, 2021) and provides student-athletes NIL protections (effective July 1, 2023).

Beginning July 1, 2021, public universities (the Act only applies to public institutions) must adopt and implement (a) guidelines to prevent, assess and treat serious sport related conditions including brain injury, heat illness and rhabdomyolysis, (b) exercise and supervision guidelines for student-athletes with potentially life-threatening health conditions, and (c) return to play protocols for athletes who experience injury or illness during practice or play.

Beginning July 1, 2023, public universities may not enforce any rule that prevents a student-athlete from earning compensation for his or her NIL or reduce a student-athlete’s scholarship based on any NIL compensation the student-athlete may earn.

The Act also bars any athletic association (specifically identifying the NCAA) or conference from preventing a student-athlete from earning NIL compensation or a university from participating in intercollegiate athletics because a student-athlete earns NIL compensation.

Going forward, one can expect that every state with a significant athletic program will implement an NIL law or that the federal government will enact a nationwide standard. Those schools with high visibility programs and athletes will certainly try to leverage NIL to attract top recruits. As we all know, high-level college sports are a business.