TITLE 7 HEALTH
CHAPTER 25 STATE HEALTH INSTITUTIONS
PART 2 DRUG AND ALCOHOL TESTING OF EMPLOYEES
7.25.2.1 ISSUING
AGENCY: New Mexico Department of Health.
[7.25.2.1 NMAC - N, 10/15/2012]
7.25.2.2 SCOPE: This
rule applies to all employees providing direct health care services in state
health facilities as defined in NMSA 1978, Section 9-7-18.
[7.25.2.2 NMAC - N, 10/15/2012]
7.25.2.3 STATUTORY
AUTHORITY: Section 9-7-18 of the Department of Health
Act, NMSA 1978, Sections 9-7-1 through 9-7-18.
[7.25.2.3 NMAC - N, 10/15/2012]
7.25.2.4 DURATION:
Permanent.
[7.25.2.4 NMAC - N, 10/15/2012]
7.25.2.5 EFFECTIVE
DATE: October 15, 2012, unless a later date is cited
at the end of a section.
[7.25.2.5 NMAC - N, 10/15/2012]
7.25.2.6 OBJECTIVE: To
protect the health and welfare of those served in state health care facilities
operated by the department of health by ensuring that employees providing
direct health care are not impaired by any illegal or prescription drug, or
alcohol, while providing services.
[7.25.2.6 NMAC - N, 10/15/2012]
7.25.2.7 DEFINITIONS:
A. “Direct care” means
health care providers authorized or permitted to offer health care services
directly to a patient without another employee’s assistance or presence.
B. “Department”
means the department of health.
C. “For
cause” means upon reasonable suspicion of impairment as set forth in 1.7.8 NMAC.
D. “Health
care provider” means any health care staff member who is licensed, certified or
otherwise authorized or permitted by law to provide direct, unsupervised health
care to a patient.
E. “Illegal
or prescription drug” means a substance listed in any of Schedules I through V
of the Controlled Substances Act.
F. “State
health care facility” means a hospital, an entity providing services for the
developmentally disabled, a shelter care home, a
free-standing hospice or a home health agency operated by the department.
[7.25.2.7 NMAC - N, 10/15/2012]
7.25.2.8 TESTING REQUIREMENTS:
A. All direct care health care providers shall be deemed employed in
safety-sensitive positions to be tested for drug or alcohol abuse prior to
employment, and subject to both random and for cause drug and alcohol testing
thereafter pursuant to the rules
promulgated by the state personnel board set forth at 1.7.8 NMAC, which rules are
hereby incorporated by reference.
B. Any
safety-sensitive employee may be tested without prior notice for drug or
alcohol abuse upon reasonable suspicion of impairment.
(1) All reports of suspected drug or alcohol
impairment while working shall be investigated by the allegedly impaired
employee’s supervisor, and if believed credible based upon direct observation
of the factors listed in Subsection C of 1.7.8.11 NMAC, the employee shall be
tested immediately upon approval of the next level supervisor as set forth in
that section.
(2) The immediate supervisor must provide a
succinct memorandum of the factors which led him or her
to conclude the allegation was credible to the department’s substance abuse
coordinator or designee within 24 hours of testing.
C. Drug or alcohol
test results shall be reported in writing only to the department’s substance abuse
coordinator or designee. Positive test results
will be provided in writing to the prospective new hire or employee along with
a copy of this rule including 1.7.8 NMAC.
[7.25.2.8 NMAC - N, 10/15/2012]
HISTORY OF 7.25.2 NMAC:
[RESERVED]