New Mexico 2025 Regular Session

New Mexico Senate Bill SB386 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 386
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
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35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Natalie Figueroa
48	48	AN ACT
49	49	RELATING TO HEALTH; UPDATING THE PROTOCOLS THAT ARE USED WHEN
50	50	YOUTH ATHLETES HAVE SUFFERED A POSSIBLE BRAIN INJURY TO INCLUDE
51	51	CHIROPRACTIC PHYSICIANS WITHIN THE DEFINITION OF "LICENSED
52	52	HEALTH CARE PROFESSIONAL".
53	53	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
54	54	SECTION 1. Section 22-13-31 NMSA 1978 (being Laws 2010,
55	55	Chapter 96, Section 1, as amended) is amended to read:
56	56	"22-13-31. BRAIN INJURY--PROTOCOLS TO BE USED BY COACHES
57	57	FOR BRAIN INJURIES RECEIVED BY STUDENTS IN SCHOOL ATHLETIC
58	58	ACTIVITIES--TRAINING OF COACHES AND STUDENT ATHLETES--
59	59	INFORMATION TO BE PROVIDED TO COACHES, STUDENT ATHLETES AND
60	60	STUDENT ATHLETES' PARENTS OR GUARDIANS--REQUIRING
61	61	ACKNOWLEDGMENT OF TRAINING AND INFORMATION--NONSCHOLASTIC YOUTH
62	62	ATHLETIC ACTIVITY ON SCHOOL DISTRICT PROPERTY--BRAIN INJURY
63	63	.230677.1 underscored material = new
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90	90	PROTOCOL COMPLIANCE--CERTIFICATION.--
91	91	A. A coach shall not allow a student athlete to
92	92	participate in a school athletic activity on the same day that
93	93	the student athlete:
94	94	(1) exhibits signs, symptoms or behaviors
95	95	consistent with a brain injury after a coach, a school official
96	96	or a student athlete reports, observes or suspects that a
97	97	student athlete exhibiting these signs, symptoms or behaviors
98	98	has sustained a brain injury; or
99	99	(2) has been diagnosed with a brain injury.
100	100	B. A coach may allow a student athlete who has been
101	101	prohibited from participating in a school athletic activity
102	102	pursuant to Subsection A of this section to participate in a
103	103	school athletic activity no sooner than two hundred forty hours
104	104	from the hour in which the student athlete received a brain
105	105	injury and only after the student athlete:
106	106	(1) no longer exhibits any sign, symptom or
107	107	behavior consistent with a brain injury; and
108	108	(2) receives a written medical release from a
109	109	licensed health care professional.
110	110	C. Each school district shall ensure that each
111	111	coach participating in school athletic activities and each
112	112	student athlete in the school district receives training
113	113	provided pursuant to Paragraph (1) of Subsection D of this
114	114	section.
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143	143	D. The New Mexico activities association shall
144	144	consult with the brain injury advisory council and school
145	145	districts to promulgate rules to establish:
146	146	(1) protocols and content consistent with
147	147	current medical knowledge for training each coach participating
148	148	in school athletic activities and each student athlete to:
149	149	(a) understand the nature and risk of
150	150	brain injury associated with athletic activity;
151	151	(b) recognize signs, symptoms or
152	152	behaviors consistent with a brain injury when a coach or
153	153	student athlete suspects or observes that a student athlete has
154	154	received a brain injury;
155	155	(c) understand the need to alert
156	156	appropriate medical professionals for urgent diagnosis or
157	157	treatment; and
158	158	(d) understand the need to follow
159	159	medical direction for proper medical protocols; and
160	160	(2) the nature and content of brain injury
161	161	training and information forms and educational materials for,
162	162	and the means of providing these forms and materials to,
163	163	coaches, student athletes and student athletes' parents or
164	164	guardians regarding the nature and risk of brain injury
165	165	resulting from athletic activity, including the risk of
166	166	continuing or returning to athletic activity after a brain
167	167	injury.
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196	196	E. At the beginning of each academic year or the
197	197	first participation in school athletic activities by a student
198	198	athlete during an academic year, a school district shall
199	199	provide a brain injury training and information form created
200	200	pursuant to Subsection D of this section to a student athlete
201	201	and the student athlete's parent or guardian. The school
202	202	district shall receive signatures on the brain injury training
203	203	and information form from the student athlete and the student
204	204	athlete's parent or guardian confirming that the student
205	205	athlete has received the brain injury training required by this
206	206	section and that the student athlete and parent or guardian
207	207	understand the brain injury information before permitting the
208	208	student athlete to begin or continue participating in school
209	209	athletic activities for that academic year. The form required
210	210	by this subsection may be contained on the student athlete
211	211	sport physical form.
212	212	F. As a condition of permitting nonscholastic youth
213	213	athletic activity to take place on school district property,
214	214	the superintendent of a school district shall require the
215	215	person offering the nonscholastic youth athletic activity to
216	216	sign a certification that the nonscholastic youth athletic
217	217	activity will follow the brain injury protocols established
218	218	pursuant to Section 22-13-31.1 NMSA 1978.
219	219	G. As used in this section:
220	220	(1) "academic year" means any consecutive
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249	249	period of two semesters, three quarters or other comparable
250	250	units commencing with the fall term each year;
251	251	(2) "brain injury" means a body-altering
252	252	physical trauma to the brain, skull or neck caused by, but not
253	253	limited to, blunt or penetrating force, concussion, diffuse
254	254	axonal injury, hypoxia-anoxia or electrical charge;
255	255	(3) "licensed health care professional" means:
256	256	(a) a practicing physician or physician
257	257	assistant licensed pursuant to the Medical Practice Act;
258	258	(b) a practicing osteopathic physician
259	259	licensed pursuant to the Medical Practice Act;
260	260	(c) a practicing certified nurse
261	261	practitioner licensed pursuant to the Nursing Practice Act;
262	262	(d) a practicing osteopathic physician
263	263	assistant licensed pursuant to the Medical Practice Act;
264	264	(e) a practicing psychologist licensed
265	265	pursuant to the provisions of the Professional Psychologist
266	266	Act;
267	267	(f) a practicing athletic trainer
268	268	licensed pursuant to the provisions of the Athletic Trainer
269	269	Practice Act; [or]
270	270	(g) a practicing physical therapist
271	271	licensed pursuant to the Physical Therapy Act; or
272	272	(h) a practicing chiropractic physician
273	273	licensed pursuant to the Chiropractic Physician Practice Act;
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302	302	(4) "nonscholastic youth athletic activity"
303	303	means an organized athletic activity in which the participants,
304	304	a majority of whom are under nineteen years of age, are engaged
305	305	in an athletic game or competition against another team, club
306	306	or entity, or in practice or preparation for an organized
307	307	athletic game or competition against another team, club or
308	308	entity. "Nonscholastic youth athletic activity" does not
309	309	include an elementary school, middle school, high school,
310	310	college or university activity or an activity that is
311	311	incidental to a nonathletic program;
312	312	(5) "school athletic activity" means a
313	313	sanctioned middle school, junior high school or senior high
314	314	school function that the New Mexico activities association
315	315	regulates; and
316	316	(6) "student athlete" means a middle school,
317	317	junior high school or senior high school student who engages
318	318	in, is eligible to engage in or seeks to engage in a school
319	319	athletic activity."
320	320	SECTION 2. Section 22-13-31.1 NMSA 1978 (being Laws 2016,
321	321	Chapter 53, Section 2, as amended) is amended to read:
322	322	"22-13-31.1. BRAIN INJURY--PROTOCOLS--TRAINING OF
323	323	COACHES--BRAIN INJURY EDUCATION.--
324	324	A. A coach shall not allow a youth athlete to
325	325	participate in a youth athletic activity on the same day that
326	326	the youth athlete:
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355	355	(1) exhibits signs, symptoms or behaviors
356	356	consistent with a brain injury after a coach, a league official
357	357	or a youth athlete reports, observes or suspects that a youth
358	358	athlete exhibiting these signs, symptoms or behaviors has
359	359	sustained a brain injury; or
360	360	(2) has been diagnosed with a brain injury.
361	361	B. A coach may allow a youth athlete who has been
362	362	prohibited from participating in a youth athletic activity
363	363	pursuant to Subsection A of this section to participate in a
364	364	youth athletic activity no sooner than two hundred forty hours
365	365	from the hour in which the youth athlete received a brain
366	366	injury and only after the youth athlete:
367	367	(1) no longer exhibits any sign, symptom or
368	368	behavior consistent with a brain injury; and
369	369	(2) receives a written medical release from a
370	370	licensed health care professional.
371	371	C. Each youth athletic league shall ensure that
372	372	each coach participating in youth athletic activities and each
373	373	youth athlete in the league receives training provided pursuant
374	374	to Paragraph (1) of Subsection D of this section.
375	375	D. The department of health shall consult with the
376	376	brain injury advisory council to promulgate rules to establish:
377	377	(1) protocols and content consistent with
378	378	current medical knowledge for training each coach participating
379	379	in youth athletic activities and each youth athlete to:
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408	408	(a) understand the nature and risk of
409	409	brain injury associated with youth athletic activity;
410	410	(b) recognize signs, symptoms or
411	411	behaviors consistent with a brain injury when a coach or youth
412	412	athlete suspects or observes that a youth athlete has received
413	413	a brain injury;
414	414	(c) understand the need to alert
415	415	appropriate medical professionals for urgent diagnosis or
416	416	treatment; and
417	417	(d) understand the need to follow
418	418	medical direction for proper medical protocols; and
419	419	(2) the nature and content of brain injury
420	420	training and information forms and educational materials for,
421	421	and the means of providing these forms and materials to,
422	422	coaches, youth athletes and youth athletes' parents or
423	423	guardians regarding the nature and risk of brain injury
424	424	resulting from youth athletic activity, including the risk of
425	425	continuing or returning to youth athletic activity after a
426	426	brain injury.
427	427	E. At the beginning of each youth athletic activity
428	428	season or the first participation in youth athletic activities
429	429	by a youth athlete during a youth athletic activity season, a
430	430	youth athletic league shall provide a brain injury training and
431	431	information form created pursuant to Subsection D of this
432	432	section to a youth athlete and the youth athlete's parent or
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461	461	guardian. The youth athletic league shall receive signatures
462	462	on the brain injury training and information form from the
463	463	youth athlete and the youth athlete's parent or guardian
464	464	confirming that the youth athlete has received the brain injury
465	465	training required by this section and that the youth athlete
466	466	and parent or guardian understand the brain injury information
467	467	before permitting the youth athlete to begin or continue
468	468	participating in youth athletic activities for the athletic
469	469	season or term of participation.
470	470	F. As used in this section:
471	471	(1) "brain injury" means a body-altering
472	472	physical trauma to the brain, skull or neck caused by blunt or
473	473	penetrating force, concussion, diffuse axonal injury, hypoxia-
474	474	anoxia or electrical charge;
475	475	(2) "licensed health care professional" means:
476	476	(a) a practicing physician or physician
477	477	assistant licensed pursuant to the Medical Practice Act;
478	478	(b) a practicing osteopathic physician
479	479	licensed pursuant to the Medical Practice Act;
480	480	(c) a practicing certified nurse
481	481	practitioner licensed pursuant to the Nursing Practice Act;
482	482	(d) a practicing osteopathic physician
483	483	assistant licensed pursuant to the Medical Practice Act;
484	484	(e) a practicing psychologist licensed
485	485	pursuant to the provisions of the Professional Psychologist
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514	514	Act;
515	515	(f) a practicing athletic trainer
516	516	licensed pursuant to the provisions of the Athletic Trainer
517	517	Practice Act; [or]
518	518	(g) a practicing physical therapist
519	519	licensed pursuant to the provisions of the Physical Therapy
520	520	Act; or
521	521	(h) a practicing chiropractic physician
522	522	licensed pursuant to the Chiropractic Physician Practice Act;
523	523	(3) "youth athlete" means an individual under
524	524	nineteen years of age who engages in, is eligible to engage in
525	525	or seeks to engage in a youth athletic activity; and
526	526	(4) "youth athletic activity" means an
527	527	organized athletic activity in which the participants, a
528	528	majority of whom are under nineteen years of age, are engaged
529	529	in an athletic game or competition against another team, club
530	530	or entity, or in practice or preparation for an organized
531	531	athletic game or competition against another team, club or
532	532	entity. "Youth athletic activity" does not include an
533	533	elementary school, middle school, high school, college or
534	534	university activity or an activity that is incidental to a
535	535	nonathletic program."
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