ALABAMA: 38-9C-3 (2)
Traumatic brain injury. An injury to the brain, not of degenerative or congenital nature but caused by an external physical force, that may produce a diminished or altered state of consciousness, which results in impairment of cognitive abilities or physical functioning.
ARIZONA: 15-761 (36)
“Traumatic brain injury” means an acquired injury to the brain that is caused by an external physical force and that results in total or partial functional disability or psychosocial impairment, or both, that adversely affects educational performance. The term applies to open or closed head injuries resulting in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing and speech. The term does not include brain injuries that are congenital or degenerative or brain injuries induced by birth trauma.
CALIFORNIA : 4354 (a)
“Acquired traumatic brain injury” is an injury that is sustained after birth from an external force to the brain or any of its parts, resulting in psychological, neurological, or anatomical changes in brain functions.
COLORADO: 26-4-683 (3)
“Brain injury” means an injury to the brain arising from external forces including, but not limited to, toxic chemical reactions, anoxia, near drownings, closed or open head injuries, and focal brain injuries.
GEORGIA: 37-3-1 (16.1)
“Traumatic brain injury” means a traumatic insult to the brain and its related parts resulting in organic damage thereto which may cause physical, intellectual, emotional, social, or vocational changes in a person. It shall also be recognized that a person having a traumatic brain injury may have organic damage or physical or social disorders, but for the purposes of this chapter, traumatic brain injury shall not be considered mental illness as defined in paragraph (11) of this Code section.
KENTUCKY : 157.200 (1)
“Traumatic brain injury” means an acquired impairment to the neurological system resulting from an insult to the brain which adversely affects educational performance and causes temporary or permanent and partial or complete loss of:
1. Cognitive functioning;
2. Physical ability; or
3. Communication or social-behavioral interaction.
The term does not include a brain injury that is congenital or degenerative, or a brain injury induced by birth trauma.
MINNESOTA : 144.661 (Subd. 2)
Traumatic brain injury. “Traumatic brain injury” means a sudden insult or damage to the brain or its coverings caused by an external physical force which may produce a diminished or altered state of consciousness and which results in the following disabilities:
(1) impairment of cognitive or mental abilities;
(2) impairment of physical functioning; or
(3) disturbance of behavioral or emotional functioning. These disabilities may be temporary or permanent and may result in partial or total loss of function. “Traumatic brain injury” does not include injuries of a degenerative or congenital nature.
“Traumatic brain injury” means a sudden insult or damage to the brain or its coverings, not of a degenerative or congenital nature. The insult or damage may produce an altered state of consciousness and may result in a decrease in cognitive, behavioral, emotional, or physical functioning resulting in partial or total disability.
MONTANA: 20-7-401 (18)
“Traumatic brain injury” means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. The term does not apply to brain injuries that are congenital or degenerative or to brain injuries that are induced by birth trauma.
MONTANA: 53-6-501
(1) (a) As used in 53-6-502 and this section, “traumatic brain injury” means: (i) an injury to the brain caused by an external physical force, including but not limited to a motor vehicle accident, a fall, an assault, a sports injury, or a recreational or work-related accident; or (ii) brain damage caused by an internal occurrence including but not limited to:
(A) disease, such as a benign or malignant tumor, meningitis, or encephalitis; or
(B) a cerebrovascular accident, such as stroke, atherosclerosis, aneurysm, or arteriovenous malformation; or
(a) anoxia, including but not limited to anoxia caused by near drowning, drug overdose, kidney or heart failure, chemical exposure, or electrical shock.
(b) the term “traumatic brain injury” does not include injuries of a degenerative or congenital nature.
(2) Traumatic brain injury as defined in this section may produce a diminished or altered state of consciousness that results in a temporary or permanent impairment of cognitive or mental abilities, physical functioning, or behavioral emotional functioning.
NEVADA: 426A.010 (2)
“Traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
(a) A cerebral vascular accident;
(b) An aneurysm; or
(c) A congenital defect.
As used in this article, the term “traumatic brain injury” means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment and shall include but not be limited to damage to the central nervous system from anoxic/hypoxic episodes or damage to the central nervous system from allergic conditions, toxic substances and other acute medical/clinical incidents. Such term shall include, but not be limited to, open and closed brain injuries that may result in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory perceptual and motor abilities, psycho-social behavior, physical functions, information processing and speech. Such term shall not include progressive dementias and other mentally impairing conditions, depression and psychiatric disorders in which there is no known or obvious central nervous system damage, neurological, metabolic and other medical conditions of chronic, congenital or degenerative nature or brain injuries induced by birth trauma.
NEW YORK: 2741
As used in this article, the term “traumatic brain injury” means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment and shall include but not be limited to damage to the central nervous system from anozic/hypoxic episodes or damage to the central nervous system from allergic conditions, toxic substances and other acute medical/clinical incidents. Such term shall include, but not be limited to, open and closed brain injuries that may result in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgement, problem-solving, sensory perceptual and motor abilities, psycho-social behavior, physical functions, information processing and speech. Such terms shall not include progressive dementias and other mentally impairing conditions, depression, and psychiatric disorders in which there is no known or obvious central nervous system damage, neurological, metabolic and other medical conditions of chronic, congenital or degenerative nature or brain injuries induced by birth trauma.
NORTH DAKOTA: 50-06.4-01 (2)
“Traumatic brain injury” means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment, including open and closed head injuries that may result in mild, moderate, or severe impairments in one or more areas including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory perceptual and motor abilities, psychosocial behavior, physical functioning, information processing and speech. The term does not include brain injuries that are congenital or degenerative or brain injuries induced by birth trauma, but may include brain injuries caused by anoxia and other related causes.
OREGON : 410.715
It is the policy of the state that any person experiencing an injury defined as an injury to the brain caused by extrinsic forces where the injury results in the loss of cognitive, psychological, social, behavioral or physiological function for a sufficient time to affect that person’s ability to perform activities of daily living shall be considered a person with disabilities.
RHODE ISLAND: 42-12-21
As used in this chapter, “traumatic brain injury” means an injury to the skull, the brain contents or its coverings, not of a degenerative or congenital nature, which may or may not produce an altered state of consciousness or result in temporary or permanent anatomic decrease of mental, cognitive, behavioral or physical functioning which causes partial or total disability.
TENNESSEE: 68-55-101 (4)
“Traumatic brain injury” or “TBI” means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment. “Traumatic brain injury” or “TBI” includes open and closed head injuries that may result in seizures, and/or in mild, moderate, or severe impairments in one (1) or more areas including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing, and speech. Such term does not include brain injuries induced by birth trauma, but may include brain injuries caused by anoxia and other related causes, infectious disease not of a degenerative nature, brain tumor, toxic chemical or drug reactions;
WISCONSIN : 51.01 (2g) (a)
As used in this chapter, except where otherwise expressly provided: “Brain injury” means any injury to the brain, regardless of age at onset, whether mechanical or infectious in origin, including brain trauma, brain damage and traumatic head injury, the results of which are expected to continue indefinitely, which constitutes a substantial handicap to the individual, and which directly results in any 2 or more of the following:
1. Attention impairment.
2. Cognition impairment.
3. Language impairment.
4. Memory impairment.
5. Conduct disorder.
6. Motor disorder.
7. Any other neurological dysfunction.
(a) “Brain injury” includes any injury to the brain under par. (a) that is vascular in origin if received by a person prior to his or her attaining the age of 22 years.
(b) “Brain injury” does not include alcoholism, Alzheimer’s disease as specified under s. 46.87 (1) (a) or the infirmities of aging as specified under s. 55.01(3).
