1. A. All direct care health care providers shall be deemed employed in safety-sensitive positions to be tested for drug or alcohol abuse prior to employment, and subject to both random and for cause drug and alcohol testing thereafter pursuant to the rules promulgated by the state personnel board set forth at 1.7.8 NMAC, which rules are hereby incorporated by reference.

2. B. Any safety-sensitive employee may be tested without prior notice for drug or alcohol abuse upon reasonable suspicion of impairment.

   (1) All reports of suspected drug or alcohol impairment while working shall be investigated by the allegedly impaired employee’s supervisor, and if believed credible based upon direct observation of the factors listed in Subsection C of 1.7.8.11 NMAC, the employee shall be tested immediately upon approval of the next level supervisor as set forth in that section.

   (2) The immediate supervisor must provide a succinct memorandum of the factors which led him or her to conclude the allegation was credible to the department’s substance abuse coordinator or designee within 24 hours of testing.

3. C. Drug or alcohol test results shall be reported in writing only to the department’s substance abuse coordinator or designee. Positive test results will be provided in writing to the prospective new hire or employee along with a copy of this rule including 1.7.8 NMAC.

   HISTORY OF 7.25.2 NMAC: [RESERVED]

[7.25.2.8 NMAC - N, 10/15/2012]