2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 13 - Courses of Instruction and School Programs › Section 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:
(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:
(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 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 [Chapter 61, Article 6 NMSA 1978];
(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 [Chapter 61, Article 3 NMSA 1978];
(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 [Chapter 61, Article 9 NMSA 1978];
(f) a practicing athletic trainer licensed pursuant to the provisions of the Athletic Trainer Practice Act [Chapter 61, Article 14D NMSA 1978]; or
(g) a practicing physical therapist licensed pursuant to the provisions of the Physical Therapy Act [61-12D-1 to 61-12D-19 NMSA 1978];
(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.
History:
Laws 2016, ch. 53, § 2; 2017, ch. 69, § 2; 2021, ch. 54, § 7.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 53, § 2 was not enacted as part of the Public School Code, but was compiled there for the convenience of the user.
The 2021 amendment,
effective June 18, 2021, removed osteopathic physicians and practicing osteopathic physician assistants licensed pursuant to the Osteopathic Medicine Act from the definition of "licensed health care professional", and added osteopathic physicians and practicing osteopathic physician assistants licensed pursuant to the Medical Practice Act to the definition of "licensed health care professional"; and in Subsection F, changed "Osteopathic Medicine" to "Medical Practice" throughout.
The 2017 amendment,
effective July 1, 2017, required brain injury training for youth athletes participating in youth athletic activities, and required acknowledgment of training and information by the youth athlete; in Subsection C, after "youth athletic activities", added "and each youth athlete in the league"; in Subsection D, Paragraph D(1), after "youth athletic activities", added "and each youth athlete", in Subparagraph D(1)(b), after "coach", added "or youth athlete", in Paragraph D(2), after the first occurrence of "brain injury", added "training and"; in Subsection E, after "beginning of each", added "youth", after the next occurrence of "athletic", added "activity", after "season or", added "the first", after "youth athletic activities", added "by a youth athlete during a youth athletic activity season", after the first occurrence of "brain injury", added "training and", after the second occurrence of "brain injury", added "training and", and after "youth athlete's parent or guardian", added "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"; and in Subsection F, Subparagraph F(2)(b), after "pursuant to", deleted "Chapter 61, Article 10 NMSA 1978" and added "the Osteopathic Medicine Act", in Subparagraph F(2)(d), after "Osteopathic", deleted "Physicians' Assistants" and added "Medicine", and in Paragraph F(3), after "engage in a", deleted "community" and added "youth".