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SENATE BILL 386
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Natalie Figueroa
AN ACT
RELATING TO HEALTH; UPDATING THE PROTOCOLS THAT ARE USED WHEN
YOUTH ATHLETES HAVE SUFFERED A POSSIBLE BRAIN INJURY TO INCLUDE
CHIROPRACTIC PHYSICIANS WITHIN THE DEFINITION OF "LICENSED
HEALTH CARE PROFESSIONAL".
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-13-31 NMSA 1978 (being Laws 2010,
Chapter 96, Section 1, as amended) is amended to read:
"22-13-31. BRAIN INJURY--PROTOCOLS TO BE USED BY COACHES
FOR BRAIN INJURIES RECEIVED BY STUDENTS IN SCHOOL ATHLETIC
ACTIVITIES--TRAINING OF COACHES AND STUDENT ATHLETES--
INFORMATION TO BE PROVIDED TO COACHES, STUDENT ATHLETES AND
STUDENT ATHLETES' PARENTS OR GUARDIANS--REQUIRING
ACKNOWLEDGMENT OF TRAINING AND INFORMATION--NONSCHOLASTIC YOUTH
ATHLETIC ACTIVITY ON SCHOOL DISTRICT PROPERTY--BRAIN INJURY
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PROTOCOL COMPLIANCE--CERTIFICATION.--
A. A coach shall not allow a student athlete to
participate in a school athletic activity on the same day that
the student athlete:
(1) exhibits signs, symptoms or behaviors
consistent with a brain injury after a coach, a school official
or a student athlete reports, observes or suspects that a
student athlete exhibiting these signs, symptoms or behaviors
has sustained a brain injury; or
(2) has been diagnosed with a brain injury.
B. A coach may allow a student athlete who has been
prohibited from participating in a school athletic activity
pursuant to Subsection A of this section to participate in a
school athletic activity no sooner than two hundred forty hours
from the hour in which the student athlete received a brain
injury and only after the student athlete:
(1) no longer exhibits any sign, symptom or
behavior consistent with a brain injury; and
(2) receives a written medical release from a
licensed health care professional.
C. Each school district shall ensure that each
coach participating in school athletic activities and each
student athlete in the school district receives training
provided pursuant to Paragraph (1) of Subsection D of this
section.
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D. The New Mexico activities association shall
consult with the brain injury advisory council and school
districts to promulgate rules to establish:
(1) protocols and content consistent with
current medical knowledge for training each coach participating
in school athletic activities and each student athlete to:
(a) understand the nature and risk of
brain injury associated with athletic activity;
(b) recognize signs, symptoms or
behaviors consistent with a brain injury when a coach or
student athlete suspects or observes that a student athlete has
received a brain injury;
(c) understand the need to alert
appropriate medical professionals for urgent diagnosis or
treatment; and
(d) understand the need to follow
medical direction for proper medical protocols; and
(2) the nature and content of brain injury
training and information forms and educational materials for,
and the means of providing these forms and materials to,
coaches, student athletes and student athletes' parents or
guardians regarding the nature and risk of brain injury
resulting from athletic activity, including the risk of
continuing or returning to athletic activity after a brain
injury.
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E. At the beginning of each academic year or the
first participation in school athletic activities by a student
athlete during an academic year, a school district shall
provide a brain injury training and information form created
pursuant to Subsection D of this section to a student athlete
and the student athlete's parent or guardian. The school
district shall receive signatures on the brain injury training
and information form from the student athlete and the student
athlete's parent or guardian confirming that the student
athlete has received the brain injury training required by this
section and that the student athlete and parent or guardian
understand the brain injury information before permitting the
student athlete to begin or continue participating in school
athletic activities for that academic year. The form required
by this subsection may be contained on the student athlete
sport physical form.
F. As a condition of permitting nonscholastic youth
athletic activity to take place on school district property,
the superintendent of a school district shall require the
person offering the nonscholastic youth athletic activity to
sign a certification that the nonscholastic youth athletic
activity will follow the brain injury protocols established
pursuant to Section 22-13-31.1 NMSA 1978.
G. As used in this section:
(1) "academic year" means any consecutive
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period of two semesters, three quarters or other comparable
units commencing with the fall term each year;
(2) "brain injury" means a body-altering
physical trauma to the brain, skull or neck caused by, but not
limited to, blunt or penetrating force, concussion, diffuse
axonal injury, hypoxia-anoxia or electrical charge;
(3) "licensed health care professional" means:
(a) a practicing physician or physician
assistant licensed pursuant to the Medical Practice Act;
(b) a practicing osteopathic physician
licensed pursuant to the Medical Practice Act;
(c) a practicing certified nurse
practitioner licensed pursuant to the Nursing Practice Act;
(d) a practicing osteopathic physician
assistant licensed pursuant to the Medical Practice Act;
(e) a practicing psychologist licensed
pursuant to the provisions of the Professional Psychologist
Act;
(f) a practicing athletic trainer
licensed pursuant to the provisions of the Athletic Trainer
Practice Act; [or]
(g) a practicing physical therapist
licensed pursuant to the Physical Therapy Act; or
(h) a practicing chiropractic physician
licensed pursuant to the Chiropractic Physician Practice Act;
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(4) "nonscholastic youth athletic activity"
means an organized athletic activity in which the participants,
a majority of whom are under nineteen years of age, are engaged
in an athletic game or competition against another team, club
or entity, or in practice or preparation for an organized
athletic game or competition against another team, club or
entity. "Nonscholastic youth athletic activity" does not
include an elementary school, middle school, high school,
college or university activity or an activity that is
incidental to a nonathletic program;
(5) "school athletic activity" means a
sanctioned middle school, junior high school or senior high
school function that the New Mexico activities association
regulates; and
(6) "student athlete" means a middle school,
junior high school or senior high school student who engages
in, is eligible to engage in or seeks to engage in a school
athletic activity."
SECTION 2. Section 22-13-31.1 NMSA 1978 (being Laws 2016,
Chapter 53, Section 2, as amended) is amended to read:
"22-13-31.1. BRAIN INJURY--PROTOCOLS--TRAINING OF
COACHES--BRAIN INJURY EDUCATION.--
A. A coach shall not allow a youth athlete to
participate in a youth athletic activity on the same day that
the youth athlete:
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(1) exhibits signs, symptoms or behaviors
consistent with a brain injury after a coach, a league official
or a youth athlete reports, observes or suspects that a youth
athlete exhibiting these signs, symptoms or behaviors has
sustained a brain injury; or
(2) has been diagnosed with a brain injury.
B. A coach may allow a youth athlete who has been
prohibited from participating in a youth athletic activity
pursuant to Subsection A of this section to participate in a
youth athletic activity no sooner than two hundred forty hours
from the hour in which the youth athlete received a brain
injury and only after the youth athlete:
(1) no longer exhibits any sign, symptom or
behavior consistent with a brain injury; and
(2) receives a written medical release from a
licensed health care professional.
C. Each youth athletic league shall ensure that
each coach participating in youth athletic activities and each
youth athlete in the league receives training provided pursuant
to Paragraph (1) of Subsection D of this section.
D. The department of health shall consult with the
brain injury advisory council to promulgate rules to establish:
(1) protocols and content consistent with
current medical knowledge for training each coach participating
in youth athletic activities and each youth athlete to:
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(a) understand the nature and risk of
brain injury associated with youth athletic activity;
(b) recognize signs, symptoms or
behaviors consistent with a brain injury when a coach or youth
athlete suspects or observes that a youth athlete has received
a brain injury;
(c) understand the need to alert
appropriate medical professionals for urgent diagnosis or
treatment; and
(d) understand the need to follow
medical direction for proper medical protocols; and
(2) the nature and content of brain injury
training and information forms and educational materials for,
and the means of providing these forms and materials to,
coaches, youth athletes and youth athletes' parents or
guardians regarding the nature and risk of brain injury
resulting from youth athletic activity, including the risk of
continuing or returning to youth athletic activity after a
brain injury.
E. At the beginning of each youth athletic activity
season or the first participation in youth athletic activities
by a youth athlete during a youth athletic activity season, a
youth athletic league shall provide a brain injury training and
information form created pursuant to Subsection D of this
section to a youth athlete and the youth athlete's parent or
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guardian. The youth athletic league shall receive signatures
on the brain injury training and information form from the
youth athlete and the youth athlete's parent or guardian
confirming that the youth athlete has received the brain injury
training required by this section and that the youth athlete
and parent or guardian understand the brain injury information
before permitting the youth athlete to begin or continue
participating in youth athletic activities for the athletic
season or term of participation.
F. As used in this section:
(1) "brain injury" means a body-altering
physical trauma to the brain, skull or neck caused by blunt or
penetrating force, concussion, diffuse axonal injury, hypoxia-
anoxia or electrical charge;
(2) "licensed health care professional" means:
(a) a practicing physician or physician
assistant licensed pursuant to the Medical Practice Act;
(b) a practicing osteopathic physician
licensed pursuant to the Medical Practice Act;
(c) a practicing certified nurse
practitioner licensed pursuant to the Nursing Practice Act;
(d) a practicing osteopathic physician
assistant licensed pursuant to the Medical Practice Act;
(e) a practicing psychologist licensed
pursuant to the provisions of the Professional Psychologist
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Act;
(f) a practicing athletic trainer
licensed pursuant to the provisions of the Athletic Trainer
Practice Act; [or]
(g) a practicing physical therapist
licensed pursuant to the provisions of the Physical Therapy
Act; or
(h) a practicing chiropractic physician
licensed pursuant to the Chiropractic Physician Practice Act;
(3) "youth athlete" means an individual under
nineteen years of age who engages in, is eligible to engage in
or seeks to engage in a youth athletic activity; and
(4) "youth athletic activity" means an
organized athletic activity in which the participants, a
majority of whom are under nineteen years of age, are engaged
in an athletic game or competition against another team, club
or entity, or in practice or preparation for an organized
athletic game or competition against another team, club or
entity. "Youth athletic activity" does not include an
elementary school, middle school, high school, college or
university activity or an activity that is incidental to a
nonathletic program."
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