reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 32 - ALCOHOL AND DRUG ABUSE › Part 20 - DRIVING WHILE IMPAIRED (DWI) SCHOOLS › Section 7.32.20.18 - SUSPENSION OR REVOCATION OF A LICENSE OR CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Grounds.
The bureau may
				suspend or revoke the license or certificate of a licensee or DWI facilitator:
(1) who makes a false statement on an
				application;
(2) who fails to
				follow the approved curriculum;
(3)
				who poses an immediate danger to the physical or mental safety or health of a
				student;
(4) who is convicted of
				any alcohol or drug-related driving offense;
(5) who has refused to submit to or failed
				chemical tests pursuant to the Implied Consent Act;
(6) whose New Mexico driver's license is
				suspended or revoked;
(7) who fails
				to notify the bureau in writing within ten (10) days that the licensee's or DWI
				facilitator's driver's license has been suspended or revoked as a result of a
				DWI conviction or refusal to submit to or failure of chemical tests pursuant to
				the Implied Consent Act, or that the licensee or DWI facilitator has been
				convicted in any jurisdiction of an alcohol or drug-related driving offense or
				an offense involving moral turpitude;
(8) whose conduct in the performance of
				official duties is unethical, including but not limited to, verbal abuse or
				sexual harassment of students;
(9)
				who fails to comply with any requirement of this rule or any lawful order of
				the bureau;
(10) who becomes
				employed or remains employed by a DWI school whose license has been revoked
				pursuant to this rule;
(11) who
				employs or continues to employ a DWI facilitator whose certificate has been
				revoked pursuant to this rule;
(12)
				whose name appears on the human services department (HSD) listing for failure
				to comply with any valid child support order or agreement pursuant to the
				Parental Responsibility Act, Sections
				40-5A-1 et
				seq. NMSA 1978, or any rule implementing that act; or
(13) who fails to forward the $50.00
				per-student fee to the bureau within thirty (30) days after the end of the
				program unless other arrangements have been made with the bureau.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 32 - ALCOHOL AND DRUG ABUSE › Part 20 - DRIVING WHILE IMPAIRED (DWI) SCHOOLS › Section 7.32.20.19 - EXEMPTION OR VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				school may petition in writing for an exemption or variance from any of the
				requirements of this rule. Such petition shall:
(1) identify the section of this rule for
				which the exemption or variance is requested;
(2) describe the situation which necessitates
				the exemption or variance;
(3)
				describe the effect of complying with this rule on the school and its
				customers, and on its competitors and their customers, if the exemption or
				variance is not granted;
(4) state
				how the exemption or variance will achieve the purposes of this rule and the
				Traffic Safety Act; and
(5) state
				why the proposed alternative is in the public interest or is better than the
				requirement in the rule.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Health - Scientific Laboratory
				  Division (SLD).
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the certification of laboratories, breath
				  alcohol instruments, operators, key operators, and operator instructors of the
				  breath alcohol instruments as well as establishes the methods of taking and
				  analyzing samples of blood and breath testing for alcohol or other chemical
				  substances under the New Mexico Implied Consent Act, Section
				  66-8-107
				  et.seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated by the secretary of the department
				  of health under the authority of Section 9-7-6(E), Section
				  24-1-22
				  and Section
				  66-8-107
				  et seq, NMSA 1978. Administration and enforcement of this rule is the
				  responsibility of SLD of the department of health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
04-30-2010, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective is to establish standards and procedures for
				  the certification of laboratories, breath alcohol instruments, operators, key
				  operators, and operator instructors as well as the methods of taking and
				  analyzing samples for blood and breath testing for alcohol and other chemical
				  substances under the New Mexico Implied Consent Act. The scientific laboratory
				  division shall conduct blood/breath tests for alcohol and other chemical
				  substances collected pursuant to the New Mexico Implied Consent Act and this
				  administrative rule.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.8 - LABORATORIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initial
				certification. Any laboratory seeking certified status for alcohol or drug
				testing in blood shall submit a request in writing to the director of SLD.
				Applicants shall furnish the materials listed below to the director of SLD for
				review and approval. SLD shall review the materials and inspect the location of
				the applicant laboratory within 60 days of receipt. SLD shall issue a
				certificate to any laboratory that meets the standards and successfully
				completes the required proficiency testing requirements.
(1) Laboratories seeking SLD certification
				for blood alcohol analysis shall submit:
(a)
				written documentation of the scientific training and experience in toxicology
				or clinical/analytical chemistry of its director and all personnel who will
				perform tests;
(b) written copies
				of the analytical methods, techniques and equipment it proposes to
				use;
(c) a proposed set of quality
				control/ assurance measures;
(d)
				results of all required proficiency tests;
(e) evidence that the lab has adequate space,
				equipment and materials to perform blood alcohol analysis.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.9 - SELECTION AND EVALUATION OF BREATH ALCOHOL INSTRUMENTS AND ASSOCIATED EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
SLD shall select the primary breath alcohol instrument for
				  use by law enforcement agencies in New Mexico. Selection shall be based on, but
				  not be limited to, performance of the instrumentation in each section of SLD's
				  evaluation process, the field history of the instrumentation, the
				  manufacturer's support capability, and evaluations by other users of the
				  instruments, including approval by the national highway traffic safety
				  administration (NHTSA).
A. All
				manufacturers of breath alcohol instruments, wet-bath simulators, and reference
				standards for breath alcohol instruments seeking to introduce their instruments
				and equipment to law enforcement agencies in New Mexico for the purpose of
				implied consent evidential testing shall first submit their instrumentation and
				equipment to SLD for approval.
B.
				SLD will evaluate these instruments per SLD policy.
C. Manufacturers must also designate at least
				one representative knowledgeable in the technology and electronic
				configurations of the breath alcohol instrument to provide training to SLD
				personnel.
D. Manufacturers must
				provide all information concerning any modifications, changes or upgrades to
				SLD-approved breath alcohol instruments within two months of the modifications,
				changes or upgrades. SLD will evaluate the modifications, changes or upgrades
				and determine if they substantially affect the operation of the instruments and
				whether the instrument alterations require that the instruments be
				reevaluated.
E. All analytical
				results shall be reported as grams of alcohol per 210 liters of breath (g per
				210L). These results shall be reported to two decimal places except in the case
				of standards and proficiency samples, which shall be reported to three decimal
				places.
F. Failure to comply with
				these or any subsequent manufacturer related rules may result in the withdrawal
				of approval for the manufacturers breath alcohol instruments to be utilized in
				testing under the New Mexico Implied Consent Act.
G. SLD reserves the right to withdraw the
				approval of any breath alcohol instrument and equipment if the manufacturer
				fails to comply with the provisions of the approval criteria or the terms of
				any contracts with SLD.
H. SLD
				reserves the right to make recommendations for equipment and supplies for
				breath alcohol instruments for use by law enforcement agencies in New Mexico
				based on, but not limited to, performance , manufacturer recommendations of the
				breath alcohol instrument, the field history, and evaluations by SLD and other
				users of the instruments.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.10 - BREATH ALCOHOL INSTRUMENTS USED BY LAW ENFORCEMENT AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initial
				certification. Any breath alcohol instrument to be used for implied consent
				evidential testing must be approved and certified by SLD. Certification for
				breath alcohol instruments shall be for a period of up to one year, expiring
				September 30. A certificate shall be issued for each instrument and shall be
				maintained by the responsible agency. Instruments requiring initial
				certification must meet all of the following criteria and such criteria must be
				met before placement and use of the instrument in the field.
(1) SLD shall inspect and perform a
				calibration check. This check may take place at SLD.
(2) At least one certified key operator shall
				be responsible for the maintenance of each breath alcohol instrument. The key
				operator is not required to be a member of the agency in which the instrument
				is placed.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.11 - OPERATORS OF BREATH ALCOHOL TESTING EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initial certification. Certification shall
				be granted for up to two years and shall expire on the last day of the month
				issued. SLD shall provide training for operator applicants at SLD or other
				facilities in Albuquerque. SLD may authorize training classes in other areas of
				the state.
(1) Qualified applicants for
				implied consent testing must:
(a) be a
				salaried peace officer commissioned in New Mexico or an employee of a detention
				facility in New Mexico; or
(b) be a
				reserve peace officer commissioned in New Mexico.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.12 - KEY OPERATORS OF BREATH ALCOHOL TESTING EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initial certification. Certification shall
				be up to one year.
(1) Qualified applicants
				must have:
(a) status as a certified
				operator, or hold an operator certificate of completion for the instrument(s)
				on which they seek to be certified as a key operator; AND
(b) status as a salaried employee of a law
				enforcement agency or detention facility in New Mexico; OR
(c) SLD may certify as key operators,
				SLD-selected individuals of law enforcement agencies or corrections departments
				in New Mexico who successfully complete written and practical examinations
				formulated and administered by SLD.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.13 - OPERATOR INSTRUCTORS OF BREATH ALCOHOL TESTING EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Designation as
				operator instructors. Qualified employees of SLD shall be designated as
				operator instructors, as determined by the director.
B. Initial certification. Persons not
				employed by SLD shall be certified for up to one year and certification shall
				expire on December 31.
(1) Applicants shall
				demonstrate the following qualifications:
(a)
				current certification as an operator and key operator of the applicable breath
				testing equipment;
(b) at least 12
				semester hours in which the applicant received a grade of C (or satisfactory)
				or higher in any combination of the following disciplines: chemistry, biology,
				physics, or mathematics from an accredited university or college; at least four
				of those 12 semester hours must be in chemistry;
(c) a minimum of 32 hours of instruction in
				areas relating to blood/breath collection and analysis, to include the
				following:
(i) the value and purpose of blood
				and breath alcohol analysis;
(ii)
				the effects of alcohol on the human body;
(iii) the instruments and procedures for
				alcohol analysis;
(iv) the
				interpretation of the results of alcohol analysis;
(v) the New Mexico Implied Consent Act, this
				rule and any amendments or revisions and court testimony;
(vi) the methods of alcohol
				analysis;
(vii) the operational
				principles of the selected breath alcohol instruments;
(viii) practical experience and demonstration
				of competency in use of blood/breath collection and analyses;
(d) as an alternative to
				completing the above course of instruction as listed in Subparagraph (c) of
				Paragraph (1) of Subsection B of this section, an operator instructor may be
				certified if he/she has earned a bachelor's degree in chemistry, biology or a
				related science from an accredited university or college and he/she
				demonstrates equivalent knowledge by successfully completing written and
				practical examinations formulated or approved by SLD.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.14 - METHODS OF ANALYSIS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Alcohol
				in blood.
(1) All analytical methods and any
				modifications of approved analytical methods must be approved in advance by
				SLD.
(2) The method used shall be
				capable of analyzing reference samples of known alcohol concentration with
				accuracy limits of ± 10% of the actual blood alcohol concentration if
				the known alcohol concentration is 0.10 grams per 100 milliliters or more and
				± 0.01 grams per 100 milliliters if the known concentration is less than
				0.10 grams per 100 milliliters. The method shall also be capable of analyzing
				reference samples of known alcohol concentration within specificity and
				precision limits that will be established and reviewed by SLD.
(3) All analytical results shall be expressed
				in terms of the alcohol concentration in blood, based on the number of grams of
				alcohol per 100 milliliters of blood. These results shall be reported to two
				decimal places except for analyses of standards, controls and proficiency
				samples, which shall be reported to three decimal places.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.15 - APPROVED METHODS FOR SAMPLE COLLECTION, ANALYSIS, AND RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Blood sample
				collection.
(1) Blood samples shall be
				collected in the presence of the arresting officer or other responsible person
				who can authenticate the samples. Blood samples shall be collected by
				veni-puncture as authorized by the New Mexico Implied Consent Act NMSA 1978,
				Sections
				66-8-105
				et. seq. The term laboratory technician shall include phlebotomists.
(2) The initial blood samples should be
				collected within three hours of arrest. Any blood samples collected subsequent
				to the initial blood or breath sample collection should be collected within 60
				minutes of the initial sample collection.
(3) Ethyl alcohol shall not be used as a skin
				antiseptic in the course of collecting blood samples. The samples shall be
				dispensed or collected using an SLD-approved blood collection kit. SLD-approved
				blood collection kit will contain two or more sterile tubes with sufficient
				sodium fluoride so that the final concentration shall contain not less than 1.0
				percent sodium fluoride. In the case of an insufficient sample, it shall be
				permissible to collect the sample in one tube only.
(4) The blood samples shall be delivered to
				SLD or a laboratory certified by SLD to conduct tests for alcohol or other drug
				content. At the laboratory, the seal shall be broken on one tube and the blood
				shall be analyzed. If necessary it shall be permissible to open more than one
				sample tube.
(5) The samples of
				blood shall be retained by the laboratory which performed the initial alcohol
				or drug testing for a period of not less than six months. Any interested party
				may request the laboratory retain the samples longer than 6 months. The request
				must be made in writing and include: the name of the donor of the sample; the
				date of arrest; the arresting agency; the county of arrest and; if available,
				any laboratory identification numbers.
(6) Retained samples shall be made available
				upon receipt of a court order directing the laboratory to release a portion of
				the remaining sample to a testing facility specified by the requesting party.
				The laboratory which performed the initial alcohol or drug testing is not
				responsible for the transport of the retained samples.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.16 - SLD LISTS

Current through Register Vol. 35, No. 13, July 16, 2024
SLD will maintain lists of the following:
A. all certified laboratories;
B. breath alcohol instruments and equipment
				that have been approved by SLD for use under the New Mexico Implied Consent
				Act;
C. approved evidential blood
				collection devices to ensure the quality of test results.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.17 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
For the most current fee list visit the SLD website. SLD
				  reserves the right to charge reasonable fees for the following:
A. replacement or duplicate operator
				certification credentials;
B.
				replacement or duplicate key operator certification credentials;
C. replacement or duplicate operator
				instructor certification credentials.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.18 - DENIAL OF CERTIFICATION FOR LABORATORIES, OPERATORS, KEY OPERATORS, OPERATOR INSTRUCTORS AND BREATH ALCOHOL TESTING EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Record review. All applicants whose
				certification has been denied, revoked or suspended may request a record review
				from SLD.
B. Procedure for
				requesting informal administrative review.
(1)
				An applicant or certified operator, key operator or operator instructor given
				notice of a denial, suspension or revocation of their certification or that of
				their instrument may submit a written request for a record review. To be
				effective, the written request shall:
(a) be
				made within 30 calendar days, as determined by the postmark, from the date of
				the notice of action issued by SLD;
(b) be properly addressed to SLD;
(c) state the applicant's name, address, and
				telephone numbers;
(d) state the
				status of the certification as denied, suspended, or revoked;
(e) identify the instrument in question and
				the agency holding the instrument, if applicable; and
(f) provide a brief narrative rebutting the
				circumstances of the denial, revocation or suspension.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 2 - ADVISORY BOARD RESPONSIBILITIES AND DUTIES › Section 7.34.2.2 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  secretary of the department of health pursuant to the authority granted under
				  Section 9-7-6(E) NMSA 1978, and the Lynn and Erin Compassionate Use Act,
				  26-2B-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 2 - ADVISORY BOARD RESPONSIBILITIES AND DUTIES › Section 7.34.2.3 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the membership, duties, responsibilities
				  and public hearing proceedings of the medical cannabis advisory
				  board.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 2 - ADVISORY BOARD RESPONSIBILITIES AND DUTIES › Section 7.34.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish membership,
				  duties, responsibilities, and public hearing procedures that govern the medical
				  cannabis advisory board proceedings.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 2 - ADVISORY BOARD RESPONSIBILITIES AND DUTIES › Section 7.34.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions beginning with "A":
(1)
"Act"
means the Lynn and
				Erin Compassionate Use Act, Sections
				26-2B-1
				through
				26-2B-10,
				NMSA 1978.
(2)
"Adequate
				supply"
means an amount of cannabis, in a form approved by the
				department possessed by a qualified patient or collectively possessed by a
				qualified patient and the qualified patient's primary caregiver, that is
				determined by rule of the department to be no more than reasonably necessary to
				ensure the uninterrupted availability of cannabis for a period of three months
				and that is derived solely from an intrastate source.
(3)
"Administrative review
				committee"
means an intra-department committee that reviews qualified
				patient or primary caregiver application denials in accordance with department
				rules. The administrative review committee shall consist of the chief medical
				officer of the department (or that's person's designee); a deputy secretary of
				the department (or that person's designee), and the chief nursing officer of
				the department (or that person's designee).
(4)
"Administrative withdrawal"
means the procedure for the voluntary withdrawal of a qualified patient or
				primary caregiver from the medical cannabis program.
(5)
"Advisory board"
means the
				medical cannabis advisory board consisting of nine practitioners knowledgeable
				about the medical use of cannabis, who are appointed by the
				secretary.
(6)
"Applicant"
means any person applying for enrollment or
				re-enrollment in the medical cannabis program as a qualified patient or primary
				caregiver.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 2 - ADVISORY BOARD RESPONSIBILITIES AND DUTIES › Section 7.34.2.8 - ADVISORY BOARD MEMBERSHIP REQUIREMENTS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Advisory
				board membership:
The advisory board shall consist of nine practitioners
				knowledgeable about the medical use of cannabis. The members shall be chosen
				for appointment by the secretary from a list proposed by the New Mexico medical
				society, the New Mexico nurses association, the New Mexico academy of family
				physicians, the New Mexico academy of physician assistants, the New Mexico
				pharmacists association, or the New Mexico Hispanic medical
				association.
B.
Duties and
				responsibilities:
The advisory board shall convene at least twice per
				year to:
(1) review and recommend to the
				department for approval additional debilitating medical conditions that would
				benefit from the medical use of cannabis;
(2) recommend quantities of cannabis that are
				necessary to constitute an adequate supply for qualified patients and primary
				caregivers;
(3) accept and review
				petitions to add medical conditions, medical treatments or diseases to the list
				of debilitating medical conditions that qualify for the medical use of cannabis
				and all lawful privileges under the act and implementing rules;
(4) issue recommendations concerning rules to
				be promulgated for the issuance of registry identification cards; and
(5) review conditions previously reviewed by
				the board and approved by the secretary for the purpose of determining whether
				to recommend the revision of eligibility criteria for persons applying under
				those conditions or to review new medical and scientific evidence pertaining to
				currently approved conditions.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 2 - ADVISORY BOARD RESPONSIBILITIES AND DUTIES › Section 7.34.2.9 - PETITION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Petition requirements
. The advisory board may accept and review
				petitions from any individual or association of individuals requesting the
				addition of a new medical condition, medical treatment or disease for the
				purpose of participating in the medical cannabis program and all lawful
				privileges under the act. Except as otherwise provided, a petitioner filing a
				petition shall file the petition and a copy with the medical cannabis program
				staff by either personal delivery or certified mail. In order for a petition to
				be processed and forwarded to the advisory board the following information
				shall be submitted to the medical cannabis program staff.
(1)
Petition format:
Unless
				otherwise provided by this part or by order of the hearing officer, all
				documents, except exhibits, shall be prepared on 8 1/2 x 11-inch white paper,
				printed double-sided, if possible, and where appropriate, the first page of
				every document shall contain a heading and caption. The petitioner shall
				include in the petition documents a narrative address to the advisory board,
				which includes:
(a) petition caption stating
				the name, address and telephone number of the petitioner and the medical
				condition, medical treatment or disease sought to be added to the existing
				debilitating medical conditions;
(b) an index of the contents of the petition,
				an introductory narrative of the individual or association of individuals
				requesting the inclusion of a new medical condition, medical treatment or
				disease to include the individual or association of individuals' relationship
				or interest for the request whether that interest is professional or as a
				concerned citizen;
(c) the proposed
				benefits from the medical use of cannabis specific to the medical condition,
				medical treatment or disease sought to be added to the existing debilitating
				medical conditions listed under the act; and
(d) any additional supporting medical,
				testimonial, or scientific documentation.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 2 - ADVISORY BOARD RESPONSIBILITIES AND DUTIES › Section 7.34.2.11 - ADVISORY BOARD RECOMMENDATION TO THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Advisory board
				recommendation:
Upon final determination the advisory board shall
				provide to the secretary a written report of finding, which recommends either
				the approval or denial of the petitioner's request. The written report of
				findings shall include a medical justification for the recommendation based
				upon the individual or collective expertise of the advisory board membership.
				The medical justification shall delineate between the findings of fact made by
				the advisory board and scientific conclusions of credible medical
				evidence.
B.
Department
				final determination:
The department shall notify the petitioner within
				10 days of the secretary's determination. A denial by the secretary regarding
				the inclusion of a medical conditions, medical treatments or diseases to the
				existing list of debilitating medical conditions contained under the act shall
				not represent a permanent denial by the department. Any individual or
				association of individuals may upon good cause re-petition the advisory board.
				All requests shall present new supporting findings of fact, or scientific
				conclusions of credible medical evidence not previously examined by the
				advisory board.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 2 - ADVISORY BOARD RESPONSIBILITIES AND DUTIES › Section 7.34.2.12 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of these rules is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Failure to promulgate rules or implement any provision of
				  these rules shall not interfere with the remaining protections provided by
				  these rules and the act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the issuance of registry identification
				  cards to qualified patients and primary caregivers as defined by the Lynn and
				  Erin Compassionate Use Act, 26-2B-3(F) and (G) NMSA 1978. All requirements
				  contained herein are necessary prerequisites to the state's ability to
				  distinguish between authorized use under the act and unauthorized use under the
				  state's criminal laws.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  secretary of the department of health pursuant to the authority granted under
				  Section 9-7-6(E) NMSA 1978, and the Lynn and Erin Compassionate Use Act,
				  26-2B-1
et seq
. NMSA 1978. Although federal law currently prohibits
				  any use of cannabis, the laws of several states permit the medical use and
				  cultivation of cannabis. New Mexico adopts these regulations to accomplish the
				  purpose of the Lynn and Erin Compassionate Use Act as stated in Section
				  26-2B-2
				  NMSA 1978, "to allow the beneficial use of medical cannabis in a regulated
				  system for alleviating symptoms caused by debilitating medical conditions and
				  their medical treatments," while at the same time ensuring proper enforcement
				  of any criminal laws for behavior that has been deemed illicit by the
				  state.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Ensuring the safe use and possession of cannabis for
				  individuals living with debilitating medical conditions, and the safe
				  possession and administration of cannabis for medical use to those individuals
				  by primary caregivers, as mandated under the Lynn & Erin Compassionate Use
				  Act Sections
				  26-2B-1
et seq
., NMSA 2007.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions beginning with "A":
(1)
"Act"
means the Lynn and
				Erin Compassionate Use Act, Sections
				26-2B-1
				through
				26-2B-10,
				NMSA 1978.
(2)
"Adequate
				supply"
means an amount of cannabis, in a form approved by the
				department possessed by a qualified patient or collectively possessed by a
				qualified patient and the qualified patient's primary caregiver, that is
				determined by rule of the department to be no more than reasonably necessary to
				ensure the uninterrupted availability of cannabis for a period of three months
				and that is derived solely from an intrastate source.
(3)
"Administrative review
				committee"
means an intra-department committee that reviews qualified
				patient or primary caregiver application denials in accordance with department
				rules. The administrative review committee shall consist of the chief medical
				officer of the department (or that's person's designee); a deputy secretary of
				the department (or that person's designee), and the chief nursing officer of
				the department (or that person's designee).
(4)
"Administrative withdrawal"
means the procedure for the voluntary withdrawal of a qualified patient or
				primary caregiver from the medical cannabis program.
(5)
"Advisory board"
means the
				medical cannabis advisory board consisting of nine practitioners knowledgeable
				about the medical use of cannabis, who are appointed by the
				secretary.
(6)
"Applicant"
means any person applying for enrollment or
				re-enrollment in the medical cannabis program as a qualified patient or primary
				caregiver.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.8 - QUALIFYING DEBILITATING MEDICAL CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Statutorily-approved
				conditions:
As of the date of promulgation of this rule, specific
				qualifying debilitating medical conditions, diseases, and treatments
				("qualifying conditions") identified in the Lynn and Erin Compassionate Use
				Act, Subsection B of Section
				26-2B-3
				NMSA 1978, include:
(1) cancer;
(2) glaucoma;
(3) multiple sclerosis;
(4) damage to the nervous tissue of the
				spinal cord, with objective neurological indication of intractable
				spasticity;
(5) seizure disorder,
				including epilepsy;
(6) positive
				status for human immunodeficiency virus or acquired immune deficiency
				syndrome;
(7) admission into
				hospice care in accordance with rules promulgated by the department.
(8) amyotrophic lateral sclerosis (Lou
				Gehrig's disease);
(9) Crohn's
				disease;
(10) hepatitis C
				infection;
(11) Huntington's
				disease;
(12) inclusion body
				myositis;
(13) inflammatory
				autoimmune-mediated arthritis: each individual applying to the program for
				enrollment shall submit medical records that confirm the diagnosis of
				inflammatory autoimmune-mediated arthritis;
(14) intractable nausea/vomiting;
(15) obstructive sleep apnea;
(16) painful peripheral neuropathy:
				application to the medical cannabis program shall be accompanied by medical
				records that confirm the objective presence of painful peripheral
				neuropathy;
(17) Parkinson's
				disease;
(18) post-traumatic stress
				disorder (PTSD): each individual applying to the program for enrollment shall
				submit medical records that confirm a diagnosis of PTSD meeting the diagnostic
				criteria of the current
diagnostic and statistical manual of mental
				disorders
;
(19) severe
				chronic pain:
(a) objective proof of the
				etiology of the severe chronic pain shall be included in the application;
				and
(b) a practitioner familiar
				with the patient's chronic pain shall provide written certification that the
				patient has an unremitting severe chronic pain condition;
(20) severe anorexia/cachexia;
(21) spasmodic torticollis (cervical
				dystonia); and
(22) ulcerative
				colitis.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.9 - QUANTITY OF USABLE CANNABIS THAT MAY BE POSSESSED BY A QUALIFIED PATIENT OR PRIMARY CAREGIVER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Maximum quantity:
A qualified patient and a qualified patient's
				primary caregiver may collectively purchase within any three-month period a
				quantity of usable cannabis no greater than 425 total units. For purposes of
				department rules, this quantity is deemed an adequate supply. (For ease of
				reference: 425 units is equivalent to 425 grams, or approximately 15 ounces, of
				dried usable cannabis plant material.) A qualified patient and a primary
				caregiver may possess the amounts of cannabis permitted in accordance with the
				Cannabis Regulation Act, Sections 26-2C-1 through 26-2C-42N MSA 1978. Once
				commercial cannabis sales are authorized by the cannabis control division to
				begin in accordance with Subsection K of Section 26-2C-6 NMSA 1978, qualified
				patients and primary caregivers will be able to make commercial purchases above
				the adequate supply limit, in accordance with the Cannabis Regulation
				Act.
B.
Calculation of
				units:
For purposes of department rules, one unit of usable cannabis
				shall consist of one gram of the dried leaves and flowers of the female
				cannabis plant, or 0.2 grams (200 milligrams) of THC for cannabis-derived
				products.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.10 - QUALIFIED PATIENT AND PRIMARY CAREGIVER REGISTRY IDENTIFICATION CARD APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall issue a registry identification card to an applicant for the
				purpose of participating in the medical cannabis program upon the written
				certification of the applicant's practitioner and supporting application
				documents. Certifications from certifying providers must be obtained within 90
				calendar days prior to the expiration of the patient's registry identification
				card.
B. The department may require
				the submittal of a recent photograph from a patient applicant and primary
				caregiver applicant.
C. The
				following information shall be provided in (or as an attachment to) the
				participant enrollment form submitted to the department in order for a registry
				identification card to be obtained and processed. An attached original medical
				provider certification for patient eligibility form shall contain:
(1) the name, address, and telephone number
				of the practitioner;
(2) the
				practitioner's clinical licensure;
(3) the patient applicant's name and date of
				birth;
(4) the medical
				justification for the practitioner's certification of the patient's
				debilitating medical condition, which shall include but not be limited to a
				statement that, in the practitioner's professional opinion, the practitioner
				believes that the potential health benefits of the medical use of cannabis
				would likely outweigh health risks for the patient;
(5) an attestation that the practitioner's
				primary place of practice is located within the state of New Mexico;
(6) the practitioner's signature and the
				date;
(7) the name, address, and
				date of birth of the applicant;
(8)
				the name, address, and telephone number of the applicant's
				practitioner;
(9) a legible
				photocopy of the applicant's New Mexico driver's license or comparable state of
				New Mexico issued photo identification card verifying New Mexico
				residence;
(10) documented parental
				consent, if applicable, to the applicant;
(11) the applicant's debilitating medical
				condition;
(12) the length of time
				the applicant has been under the care of the practitioner providing the medical
				provider certification for patient eligibility;
(13) the applicant's signature and date;
				and
(14) a signed consent for
				release of medical information related to the patient's debilitating medical
				condition, on a form provided by the medical cannabis program.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.11 - REGISTRY IDENTIFICATION CARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Department inquiry:
(1) The department may verify information on
				each application and accompanying documentation by the following methods:
(a) contacting each applicant by telephone or
				mail, or if proof of identity is uncertain, by requiring a face-to-face
				meeting, and the production of additional identification materials;
(b) when applicable, contacting a minor's
				parent or legal representative;
(c)
				contacting the New Mexico medical board, the New Mexico board of nursing, board
				of pharmacy, or other licensing agencies to verify that the practitioner is
				licensed to practice and prescribe controlled substances in New Mexico and is
				in good standing; and
(d)
				contacting the practitioner to obtain further documentation to verify that the
				applicant's medical diagnosis and medical condition qualify the applicant for
				enrollment in the medical cannabis program.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.12 - DENIAL OF AN INITIAL PATIENT OR PRIMARY CAREGIVER APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Administrative review:
All patient applicants or primary caregivers
				whose initial application for a registry identification card has been denied
				may request a record review from the department.
B.
Procedure for requesting informal
				administrative review:
(1) An
				applicant given notice of an application denial may submit a written request
				for an administrative review. To be effective, the written request shall:
(a) be made within 30 calendar days, as
				determined by the postmark, from the date of the denial notice issued by the
				department;
(b) be properly
				addressed to the medical cannabis program;
(c) state the applicant's name, address, and
				telephone numbers;
(d) state the
				applicant's proposed status as a qualified patient or primary
				caregiver;
(e) if the applicant is
				a potential primary caregiver, state the anticipated date of which service
				shall commence;
(f) provide a brief
				narrative rebutting the circumstances of the application denial, and
(g) if applicable, provide supplemental
				documentation from the applicant's practitioner supporting the debilitating
				medical condition as eligible for the program.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.13 - POSSESSION OF USABLE CANNABIS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A qualified patient or primary caregiver shall ensure that that all cannabis,
				cannabis-derived products, and paraphernalia are kept secure and out of reach
				of children.
B. A qualified patient
				and primary caregiver shall ensure that all cannabis and cannabis-derived
				products that are purchased from a licensed non-profit producer remain in the
				package or container provided by the non-profit entity when not in use. If the
				package or container is damaged, the product label and any other identifying
				information from the package or container shall be kept and remain with the
				cannabis or cannabis-derived product upon transfer to another package or
				container.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 3 - REGISTRY IDENTIFICATION CARDS › Section 7.34.3.14 - MONITORING AND CORRECTIVE ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Monitoring:
(1) The department or its designee may
				perform on-site assessments of a qualified patient or primary caregiver to
				determine compliance with these rules. The department may enter the premises of
				a qualified patient or primary caregiver during business hours for purposes of
				monitoring and compliance. 24 hours notice will be provided to the qualified
				patient or primary caregiver prior to an on-site assessment except when the
				department has a reasonable suspicion to believe that providing notice will
				result in the destruction of evidence or that providing such notice will impede
				the department's ability to enforce these regulations.
(2) All qualified patients or primary
				caregivers shall provide the department or the department's designee immediate
				access to any material and information necessary for determining compliance
				with these requirements.
(3)
				Failure by the qualified patient or primary caregiver to provide the department
				access to the premises or information may result in the revocation of the
				qualified patient or primary caregiver enrollment and referral to state law
				enforcement.
(4) Any failure by a
				qualified patient or primary caregiver to adhere to these rules may result in
				sanction(s), including suspension, revocation, non-renewal, or denial of
				registration and referral to state or local law enforcement.
(5) The department may refer complaints
				involving alleged criminal activity made against a qualified patient or primary
				caregiver to the appropriate New Mexico state or local authorities.