Category Archives: Law

VT Acknowledges Your Brain Has Rights

Vermont state flag flying on a pole with mountainous landscape in background

When Vermont Governor Phil Scott signed H.814 into law on May 18, 2026, it marked a quiet but historic moment: every Vermonter gained a legal right to the privacy of their own mind. For the brain injury community, which is a population that increasingly relies on brain-computer interfaces, AI-powered rehabilitation tools, and wearable neurotechnology, the law provides a crucial layer of protection for some of the most intimate data imaginable.

Formally titled “An act relating to neurological rights and the use of artificial intelligence technology in health and human services,” H.814 takes effect July 1, 2026. The bill legally recognizes what should already be commonsense: every Vermonter has a right to “mental and neural data privacy,” “the freedom of thought,” and protection from “unauthorized access to or manipulation of an individual’s brain activity.” For those with brain injuries who depend on neurotechnology for communication, mobility, or cognitive support, that last phrase is a safeguard for the data generated at the most vulnerable intersection of their lives.

With this bill, Vermont joins Colorado, California, Montana, and Connecticut, though each of which has taken a distinct approach to neurological privacy. Colorado and California moved first in 2024, amending existing consumer privacy statutes to classify neural data as sensitive personal information. Montana went further with a standalone law amending its Genetic Information Privacy Act, requiring robust consent and uniquely prohibiting the storage of neural data in U.S.-sanctioned countries. Connecticut’s 2025 amendment was narrower, covering only the central nervous system. Vermont’s law aligns most closely with Connecticut’s, in that it establishes specific rights, while directing the state’s AI Advisory Council to develop further ethical guidelines, which extends through 2030.

Sponsored by State Representative Brian Cina, a clinical social worker, Vermont’s new legislation, and beyond the aforementioned five states that have similar laws, Massachusetts, Minnesota, Illinois, and New York are currently advancing similar bills. For the brain injury community, the question is no longer whether neurotechnology will be part of care and recovery, as it already is. The question is whether the law will keep pace.

The Chemical Time Bomb in Orange County

Workers in high-visibility vests wearing masks walking in a dusty warehouse near caution-taped barrels

A catastrophic chemical emergency has engulfed Orange County, California, forcing more than 50,000 residents to flee after a massive tank of methyl methacrylate ruptured at the GKN Aerospace facility in Garden Grove. Governor Gavin Newsom declared a state of emergency. President Trump also approved of Newsom’s request for federal aid, unlocking critical FEMA resources to help stabilize the crisis.

What many people don’t realize is that many chemicals, including methyl methacrylate, don’t just threaten the lungs. They also target the brain. Research published on NIH’s PubMed has found that methyl methacrylate causes measurable neurological deficits in exposed industrial workers, impairing memory, learning, and movement. One study documented that vapor exposure depressed electrical activity in the hippocampus, the brain’s memory center. The neurological symptoms of exposure, like headaches, lethargy, and a heavy, numb sensation in the limbs, can take days or weeks to appear.

As research further reveals, chronic exposure can cause degenerative changes in the brain and permanent nerve damage. Children, the elderly, and those with respiratory conditions face the greatest risk. As Garden Grove begins to recover, the invisible injury to thousands of brains is only beginning to unfold.

Workers in high-visibility vests wearing masks walking in a dusty warehouse near caution-taped barrels

This concern over industrial chemical dust is not new. California already has the strictest regulations on chemical plants and manufacturers of any state. Proposition 65 states that these companies must provide public warnings if they emit or use hundreds of chemicals linked to cancer or reproductive harm. Beyond just being one of the first states to mandate regulations, New Jersey also imposes some of the most rigorous chemical safety and security standards. Additionally, with the Matt Haller Act, Illinois enforces some of the strictest emission regulations. As Illinois Senator Dick Durbin captured in a 2017 letter addressed to the CDC Director: “It is clear that public exposure to [industrial chemical] dust can lead to serious health, safety, and environmental issues.”

Congress Seeks to Declare Stroke a National Health Crisis

Stroke emergency awareness infographic with F.A.S.T. signs and emergency contact instructions

“Recognizing stroke as a national health crisis requiring immediate, coordinated Federal action.” – So reads the heading of H.R. 1287, introduced in the U.S. House of Representatives on May 14, 2026, during American Stroke Month. “Whereas time is critical in acute stroke care, and for every minute of treatment delay, nearly 2,000,000 neurons are at risk of permanent damage,” it continues.

Sponsored by Rep. George Latimer (NY), and co-sponsored by Rep. Debbie Dingell (MI), this resolution was promptly referred to the House Committee on Energy and Commerce, where it awaits further action. The Dingell family has a long legislative history related to brain injury. Ms. Dingell’s late husband, Rep. John Dingell, former chair of the Committee on Energy and Commerce, submitted a committee report on the Stroke Treatment and Ongoing Prevention Act to the 110th Congress. That legislation strengthened stroke education, prevention, and treatment programs. Ms. Dingell has since supported the brain-injured community, through such actions as sponsoring the Better Care Better Jobs Act of 2023.

No Congressional Urge to Move BACK HOME

Inmates in prison uniforms in a common room with correctional officers and a sign reading 'TBI Support Group – 2:00 PM'

An estimated 107,400 veterans are serving time in state or federal prison, many of whom may carry wounds that no one can see. Combat exposure-associated mental and physical consequences including traumatic brain injury, PTSD, and mood disorders, are unfortunately directly linked to a greater likelihood of criminal justice involvement among veterans. Currently, by law, the VA cannot provide hospital or outpatient care to incarcerated veterans because penal institutions are legally obligated to furnish inmate healthcare. Bipartisan legislation aims to break that cycle.

The Get Justice-Involved Veterans Behavioral Assistance and Care for Key Health Outcomes to Maintain Empowerment (BACK HOME) Act, was introduced by Senators Angus King (ME) and Pete Ricketts (NE), along with Representatives Herb Conaway (NJ) and Morgan Luttrell (TX). The bill, S. 4162 and H.R. 8044, would create a VA pilot program to furnish mental health services to incarcerated veterans, prioritizing those with service-connected TBI, PTSD, or military sexual trauma. It would also ensure automatic resumption of disability compensation payments upon a veteran’s release from incarceration.

Logos of veteran associations and psychological associations side by side

“The Get Justice-Involved Veterans BACK HOME Act is about closing a dangerous gap in care by ensuring that justice-involved veterans can still access the mental health services they need to heal, rebuild, and successfully reenter their communities,” said Senator King. Congressman Conaway, a physician himself, added: “The Get Justice-Involved Veterans BACK HOME Act is about closing a dangerous gap in care by ensuring that justice-involved veterans can still access the mental health services they need to heal, rebuild, and successfully reenter their communities.”

The legislation is supported by the American Legion, Vietnam Veterans of America, the American Psychological Association, and the American Psychiatric Association.  Unfortunately, there has been no action on either the Senate or House BACK HOME Acts since their respective  introductions on March 23, 2026, and March 24, 2026.

NE Joins States to Promote Veteran Brain Injury Bill – Congress Has Run Out of Excuses

Legislative Resolution 314 on hyperbaric oxygen therapy with Nebraska Capitol building in background

On April 9, 2026, Nebraska’s Legislature passed Legislative Resolution 293 in a 43-0 vote, making it the 14th state – alongside Oklahoma, Texas, Indiana, Kentucky, Arizona, Florida, North Carolina, Wyoming, Maryland, Virginia, North Dakota, Tennessee and Missouri – to formally urge Congress to expand treatment access for veterans suffering from traumatic brain injury and post-traumatic stress disorder, one of the most pressing issues facing American veterans.

Introduced by Nebraska State Senator Kathleen Kauth, the resolution, “[urges] the United States Congress to swiftly enact legislation to provide for veterans’ access to treatments for traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD).”

In particular, states’ resolutions seek to encourage Congress to move forward on hyperbaric oxygen therapy. “A 4-week course of HBOT may alleviate depressive symptoms in PTSD patients, an effect associated with increased serum BDNF and β-NGF levels,” according to a 2026 study, available to view on the NLM database. The United States loses more than 17 veterans per day to suicide, with TBI and PTSD among the leading contributing factors.

Now that 14 states are aligned behind this legislation, the pressure on Congress to act is mounting.

Brain Injury Community in Crosshairs of Bipartisan “Claim Sharks” Bill

“We will be suspending your Social Security number because we found some suspicious activities on your Social Security. If you want more information about this case, press 1. Thank you.”

Smartphone screen displaying a scam likely call with decline button being pressed

While the above “Robocall Scam Example”, listed on the Federal Trade Commission’s Consumer Advice webpage, may seem to be an obvious scam when viewed in print, the same may not be said when abruptly faced with the concern – particularly if you already have cognitive disabilities. In response to this reality, a new bipartisan bill targets predatory for-profit companies that use robocall software to harvest veterans’ disability data from federal phone lines Advocates state this practice poses a particular threat to veterans living with traumatic brain injury.

Introduced on March 26, 2026, by Rep. Chris Pappas (NH), the Veterans Benefits Information Protection Act, H.R. 8120, was prompted by a 2025 NPR investigation: Florida-based Trajector Medical “CallBot” auto-dialer program placed tens of thousands of monthly calls to a VA hotline, inputting veterans’ Social Security numbers and birthdays to detect disability rating increases and trigger automated billing both with and without veterans’ knowledge.

In addition to Pappas, H.R.8120 counts a bipartisan list of co-sponsors, including Rep. Don Bacon (NE), a retired Air Force brigadier general and co-chair of the Congressional Brain Injury Task Force.  “Our veterans should never be targeted by bad actors trying to profit off their hard-earned benefits,” says Bacon, adding that the bill, which was referred to the House Committee on Energy and Commerce on March 26,2026, “takes a commonsense approach to crack down on predatory practices and protect veterans from exploitation.”

* Scamming, of course, does not solely refer to robocalls. In recent years, the government has given more attention to cyber scams, and particularly as it relates to the disabled. In 2024, the Journal of International Medical Research addressed cyber scams and acquired brain injury, available to PubMed, noting that, “People with acquired brain injury may be more susceptible to scams owing to postinjury cognitive and psychosocial consequences.”)

When the Floor Hits Back: Brain Injury in Basketball

Spurs player making a layup shot over a Portland Trail Blazers defender in a crowded basketball arena

San Antonio Spurs star Victor Wembanyama tumbled face-first on the court in the second quarter of Game 2, on Tuesday, April 21, at the NBA Playoffs against Portland. The accident was both a serious blow to the player and the team, as Wembanyama averages 25.0 points, 11.5 rebounds, and 3.1 blocks per game. Fortunately, he returned for Game 4 of the game series, which San Antonio ultimately won. However, it is a sobering reminder both that nobody is concussion-proof and of the immense importance of NBA’s Concussion Protocol.

Through the years, incidents like Wembanyama’s head trauma have become more common and with greater consequences, as today’s NBA players are stronger and more athletic than those from the past. Due to this situation, the NBA finally had the wherewithal to institute a Concussion Protocol in the 2011–12 season. Before it, reportedly just 5.7 concussions were recorded per season in the League. Afterward, that number nearly tripled, not because the game suddenly got much more dangerous, but because of more “accurate reporting secondary to advances in player education, medical knowledge, national media coverage, and standardized testing protocols,” states a 2019 study, Concussions in the National Basketball Association: An Analysis from 1999-2018, available on PubMed.gov.

“A player diagnosed with a concussion should be regularly monitored for 24 hours … the player may not begin the return-to-participation exertion process until 24 hours after the time of injury,” read the original Protocol. In 2026, the Protocol is more rigorous: a player cannot return to full participation for at least 48 hours and must successfully complete cognitive tests before clearance.

High school basketball players in action with one driving past defender near the basket

Beyond the pros, college players are at risk, as are basketball players still in high school and younger. In the 2023 – 2024 season, approximately 250,000 students sustained concussions across nine high school sports, according to the National Federation of State High School Associations. Accordingly, Senator Dick Durbin (IL) introduced Protecting Student Athletes from Concussions Act on September 18, 2025. At that time, S.2889 was read twice and referred to the Committee on Health, Education, Labor, and Pensions. On February 17, 2026, Protecting Student Athletes from Concussions Act was introduced to the House by Representative Mark DeSaulnier (CA). H.R.7590 was then referred to the House Committee on Education and Workforce. No action has been taken on either bill since their introductions. (While no federal sports concussion law yet exists, all 50 states have adopted youth sports concussion laws.)

Although injuries do happen, most notably in the NBA, ultimately a player is responsible for their own safety. In August 2024, the government published a systematic review, Sure Steps: Key Strategies for Protecting Basketball Players from Injuries, available on PubMed. Five of the six strategies highlight neuromuscular training, which includes strength work, stabilization or core, mobility, and agility.

What the Reclassification of Marijuana Means for the Brain Injured

“Justice Department Places FDA-Approved Marijuana Products and Products Containing Marijuana Subject to a Qualifying State-issued License in Schedule III, Strengthening Medical Research While Maintaining Strict Federal Controls.” This headline, which appeared on the Department of Justice’s official website on April 23, 2026, refers to the Executive Order signed by President Trump.

Advocates and politicians have pushed for this change for years, arguing cannabis carries undeniable medical value. As of April 2026, medical marijuana use is legal in 40 states. Following many years of federal research that confirmed the potential benefits of marijuana use for medical conditions, this Executive Order reclassifies state-licensed medical marijuana from Schedule I, the most restrictive federal drug category, to the less regulated Schedule III. Acting Attorney General Todd Blanche stated the decision, “allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.”

For brain injury survivors, the implications may be significant. One study, available on PubMed, found that patients with acquired brain injury have reported improvements in mood, anxiety, headache, sleep, and quality of life through medical cannabis use. Government-funded research also indicates that the non-psychoactive cannabis compound CBD, and THC, the primary psychoactive compound in cannabis that is responsible for the “high”, may be effective for pain management, anxiety, and insomnia, all of which are common symptoms following brain injury. (These benefits are debatable. Another major analysis found that medicinal cannabis does not effectively treat anxiety, depression, or PTSD, and may even worsen mental health in some cases.)

As always, caution is warranted. The CDC has proven that cannabis use affects brain development. Beyond brain development, a 2024 CDC report states, “cannabis use directly affects brain function — specifically the parts of the brain responsible for memory, learning, attention, decision-making, coordination, emotions, and reaction time.” Chronic marijuana consumption may reduce dopamine responsivity, increase negative emotionality, and induce anhedonia, meaning a reduced ability to experience pleasure or a loss of interest in previously enjoyed activities. These possible negative consequences are a significant concern for survivors, who already have cognitive issues and may struggle with low motivation.

While this rescheduling opens the door to better science, always consult a physician before using cannabis.

Mississippi Joins States for Psychedelic Experimentation

A neon-lit chemical molecular structure floating in a colorful cosmic nebula with stars and galaxies.

Mississippi is now following Texas and a handful of other states, by positioning itself on the frontier of a potential neurological revolution. On March 19, 2026, Mississippi Governor Tate Reeves made history by signing HB 314 into law, authorizing the Mississippi State Department of Health to use $5 million of Mississippi’s opioid settlement money to fund clinical trials for the drug ibogaine. The bill takes effect July 1 and allows Mississippi to coordinate trials with other states, including Texas, which has already committed to its own program.

A psychoactive substance derived from the root of a plant native to Africa, ibogaine has been used for centuries in spiritual and healing ceremonies. More recently, it has gained scientific interest for its potential to treat opioid and cocaine addiction. Research suggests it increases signaling of important brain molecules linked to drug addiction and depression. Currently a Schedule I controlled substance, Americans seeking treatment must travel abroad at costs that reportedly reach up to $50,000 per session.

As stated by Dr. Nolan Williams, who was involved in the landmark 2024 Stanford University study that brought attention to the use of ibogaine for brain injury, “no other drug has ever been able to alleviate the functional and neuropsychiatric symptoms of traumatic brain injury.”

Man’s Best Friend Aids Brain Injury Recovery

Dogs are proving to be powerful partners in brain injury rehabilitation, offering benefits across physical, emotional, and speech therapy alike.

A March 2026 story from the University of Colorado Health (UCHealth) system documented Alan Tay, a 71-year-old stroke survivor who credits his border collie Olay with driving his recovery. Working with a neurological physical therapist, Alan used dog agility training to rebuild endurance, coordination, and memory – ultimately winning a national canine competition just three months after his stroke. Emotionally, dogs combat the depression and isolation that frequently accompany brain injury. The above-mentioned UCHealth story also notes that Olay gave Alan the will to push through. An NIH-funded clinical trial confirmed that service dogs may meaningfully reduce PTSD symptoms in military members and veterans.

Dogs can assist with speech recovery, as well. Research shows that aphasia patients produce more verbal and nonverbal communication around therapy dogs, which respond to tone and gesture rather than specific words. Speech therapy in such a uniquely low-pressure and therapeutic environment is highly beneficial for language practice.

The bipartisan SAVES Act, which reached the Senate calendar in February 2026, would fund service dogs for veterans with TBI and PTSD. Introduced by Rep. Morgan Luttrell (TX) on April 2, 2025, H.R.2605 explicitly lists “Traumatic brain injury” as a covered condition, recognizing that a trained service dog can be “optimal for the veteran to manage the disability, condition, or diagnosis and live independently.” In March 2026, America’s VetDogs launched a national campaign during this Brain Injury Awareness Month that highlights service dogs’ life-changing impact for TBI survivors, particularly as it relates to counter-balance support and deep pressure therapy.