N.M. Stat. § 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 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.
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.
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 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 [Chapter 61, Article 6 NMSA 1978];
(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 Physical Therapy
Act [61-12D-1 to 61-12D-19 NMSA 1978];
(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.