N.M. Code R. § 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
approved as such by the board, including a supervisory or managerial position
in which impairment by drug or alcohol use would constitute an immediate and
direct threat to public health or safety and includes, but is not limited to,
health care providers, peace officers, pilots, correctional officers, employees
who are required to regularly carry a firearm, employees who regularly
transport other people as their principal job; and positions involving use of
equipment that could pose a risk to public health or safety.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.