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

Current through Register Vol. 35, No. 13, July 16, 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.