A. Definitions; For the purpose of this section:

1. (1) Chemical dependence - repeated use of alcohol or drugs culminating in a pattern of chemical need.
2. (2) Disciplinary authority - the board which may discipline pharmacists.
3. (3) Diversion - illicit dispensing, distribution or administration of a scheduled controlled substance not in the normal course of professional practice.
4. (4) Drug - a chemical substance alone or in combination including alcohol.
5. (5) Drug abuse - improper or excessive use of a drug to the detriment of the individual and/or society.
6. (6) Impaired pharmacist - a pharmacist who is unable to practice pharmacy with reasonable skill, competence or safety to the public because of drug abuse, physical illness, mental illness, the aging process or loss of motor skills, sight or hearing.
7. (7) Licensing authority - authority that licenses/registers pharmacists.
8. (8) Recovering - a term used to describe an impaired pharmacist who has successfully completed the approved treatment program and is being rehabilitated in accordance with a professionally prescribed aftercare treatment. (Use of "recovering" rather than "recovered" is intended to indicate that recovery is a continuous process with no finite end point).
9. (9) Reinstatement - the process whereby the recovering impaired pharmacist is permitted to resume the practice of pharmacy.
10. (10) Treatment - the therapeutic interruption of the disease process by competent and skilled professional resources.

C. Procedures:

1. (1) Impaired licensee reporting:

   1. (a) If any person knows that a licensee is impaired, that person shall report any relevant information either to the board-contracted treatment program or to the board.

   2. (b) When the board receives an initial report relating to an alleged impaired board licensee, the board may:

      1. (i) refer the licensee to the examining committee who may require evaluation by the board-contracted program and require enrollment if recommended; or
      2. (ii) refer the licensee to the board-contracted program with required enrollment if recommended; or
      3. (iii) file a complaint to initiate disciplinary action.
2. (2) Disciplinary sanctions: board referral to the board-contracted program - when a licensee whose license or registration is suspended or revoked successfully completes a board approved treatment program, that licensee must appear before the board as a condition of consideration for reinstatement. The licensee must provide documentary evidence from the contracted treatment program, stating that the licensee has reached recovery and may be allowed to practice without endangering the public.

3. (3) Confidentiality: The names of voluntary participants in the program and records relating to their referral and treatment are confidential provided, however, that this information may be disclosed:

   1. (a) in a disciplinary hearing before the board and in court proceedings arising therefrom;
   2. (b) to the board and to the pharmacist's licensing/disciplinary authorities of other jurisdictions in accordance with law;
   3. (c) pursuant to an order of a court of competent jurisdiction;
   4. (d) in injunctive proceedings brought by the board; and
   5. (e) as otherwise provided by law.

4. (4) Civil immunity: No member of the board or the committee or any board-approved intervenor shall be liable for any civil damages because of acts or omissions which may occur while acting in good faith pursuant to the Impaired Health Care Provider Act 61-7-1 to 61-7-12 NMSA 1978.

   [8/27/1990; 16.19.4.12 NMAC - Rn, 16 NMAC 19.4.12, 3/30/2002; A, 9/13/2022; A, 5/07/2024]