N.M. Admin. Code § 1.7.8.7

Current through Register Vol. 36, No. 1, January 14, 2025

Section 1.7.8.7 - DEFINITIONS

A."Alcohol" means all consumable non-prescription substances which contain alcohol, specifically including, without limitation, spirits, wine, malt beverages, and intoxicating liquors.

B."Aliquot" means a portion of a urine specimen used for testing.

C."Chain of custody" refers to procedures to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. In any dispute regarding chain of custody, the identity and integrity of the sample at issue may be established by a preponderance of the evidence.

D."Confirmatory test" means a second analytical procedure to identify the presence of a specific drug or metabolite in a urine specimen by gas chromatography/mass spectrometry (GC/MS).

E."Drug" means marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines; a metabolite of those drugs; or any non-prescription substance containing those drugs.

F."Initial test" means an immunoassay screen which meets the requirements of the food and drug administration to eliminate negative specimens from further consideration.

G."Medical review officer" means a New Mexico based and licensed physician knowledgeable in the medical use of prescription drugs and alcohol and the pharmacology and toxicology of illicit drugs and alcohol.

H."Non-prescription" refers to all substances other than a substance prescribed by a doctor or licensed health professional to the employee or particular candidate.

I."On duty" means any time during an employee's regular workday or other period during which the employee is required or permitted to work by the employer, including overtime, lunch and other breaks, and anytime while operating or riding in a state vehicle.

J."Possession" means to knowingly have, own, or have on oneself the drug, the alcohol or both.

K."Random selection basis" means a system for selecting employees or groups of employees for drug testing in a statistically random system based on a neutral criterion, such as employment or position numbers, without individualized suspicion that a particular employee is using drugs.

L."Reasonable suspicion" means a belief drawn from specific objective and articulable facts and the reasonable inferences drawn from those facts.

M."Safety-sensitive position" is a position in which performance by a person under the influence of drugs or alcohol would constitute an immediate or direct threat of injury or death to that person or another, or as otherwise provided by state or federal law.

N.M. Admin. Code § 1.7.8.7

1.7.8.7 NMAC - Rp, 1.7.8.7 NMAC, 2/12/2010; A, 10/30/2012, Adopted by New Mexico Register, Volume XXXVI, Issue 01, January 14, 2025, eff. 1/14/2025