New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES
Part 8 - DRUG AND ALCOHOL ABUSE
Section 1.7.8.16 - EXPLANATION OF POSITIVE TEST RESULTS
Universal Citation: 1 NM Admin Code 1.7.8.16
Current through Register Vol. 35, No. 6, March 26, 2024
A. Candidates for a safety sensitive position who test positive for drugs, alcohol or both may, within two workdays of being advised of the test results, submit a written request to the agency's substance abuse coordinator for a review of the test results by the medical review officer. The test results of all employees who test positive for drugs, alcohol or both shall be referred by the agency's substance abuse coordinator or designee to the medical review officer.
(1)
If the candidate does not request a review of the test results within two
workdays, the candidate waives review by the medical review officer and any
retesting of the sample and consents to rejection for selection.
(2) The medical review officer shall examine
any proffered or possible explanations concerning the validity of the confirmed
positive test results. This action may include conducting a medical interview,
review of the medical history, review of the chain of custody, and discussions
with the collection or laboratory personnel. The medical review officer shall
review all medical records made available by the individual when a positive
test could have resulted from legally prescribed medications for medical or
dental treatment. The medical review officer shall also review the results of
any retest done according to the provisions of 1.7.8.17
NMAC.
(a) Should any
questions arise as to the accuracy or validity of a confirmed positive test
result, only the medical review officer is authorized on behalf of the state to
order a reanalysis of the original sample and such retests are authorized to be
performed only at a laboratory that meets applicable provisions of any state
licensure requirements and is certified by the substance abuse and mental
health services administration or the college of American pathologists in
forensic urine drug testing.
(b)
Prior to making a final decision to verify a positive test result, the medical
review officer shall give the candidate or employee an opportunity to discuss
the test results. The discussion between the medical review officer and the
candidate or employee may be in person or by telephone.
(c) The medical review officer shall advise
the appropriate substance abuse coordinator of his or her medical conclusions
from the review of the test results. If there are conflicting factual
statements, the medical review officer shall not attempt to resolve that
factual conflict, but shall report it along with his or her medical conclusions
to the agency substance abuse coordinator. Similarly, the medical review
officer shall not attempt to ascertain the factual correctness of any claim by
the candidate or employee of involuntary ingestion of drugs or alcohol or both,
but shall simply report such claims to the agency substance abuse coordinator
with his or her medical opinion as to the possibility that such occurrence
could have affected the test results.
B. Based upon the medical review officer's report and such other inquiries or facts as the agency may consider, the agency shall determine whether the explanations or challenges of the confirmed positive test results are satisfactory.
(1) If
the explanations or challenges of the positive test results are unsatisfactory
the agency:
(a) shall provide a written
explanation to the candidate or employee as to why the explanation is
unsatisfactory, along with the test results, within 11 calendar days of the
agency's determination; and
(b)
shall retain such records as confidential for one year.
(2) If the explanations or challenges of the
positive test results are satisfactory the agency:
(a) shall notify the candidate or employee in
writing within 11 calendar days of the agency's determination; and
(b) shall retain such records as confidential
for one year.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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