New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 8 - DRUG AND ALCOHOL ABUSE › Section 10.12.8.14 - EXPLANATION OF POSITIVE TEST RESULTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Employees 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 human resource director or the 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
				employee does not request a review of the test results within two workdays, the
				employee waives review by the medical review officer and any retesting of
				the.
(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.
(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 department 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 certifed 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
				employee an opportunity to discuss the test results. The discussion between the
				medical review officer and the employee may be in person or by
				telephone.
(c) The medical review
				officer shall advise the chief, the human resource director or appropriate
				substance abuse coordinator of his or her medical conclusions from the review
				of the test results. If there are conficting factual statements, the medical
				review officer shall not attempt to resolve that factual confict, but shall
				report it along with his or her medical conclusions to the department.
				Similarly, the medical review officer shall not attempt to ascertain the
				factual correctness of any claim by the 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.