DRUG AND ALCOHOL TESTING PROGRAM--REPORT OF POSITIVE TEST.

A. A motor carrier shall have an in-house drug and alcohol testing program that meets the requirements of 49 C.F.R. part 382 or be a member of a consortium, as defined in 49 C.F.R. 382.107, that provides testing that meets the requirements of C.F.R. part 382.
B. At the time of registration or renewal of registration of a commercial motor vehicle, a motor carrier shall certify to the department and to the motor vehicle division of the taxation and revenue department that the motor carrier is in compliance with the requirements of Subsection A of this section. If the motor carrier is a member of a consortium, the motor carrier shall provide the names of the persons who operate the consortium.
C. When a medical review officer of a motor carrier's testing program or of the consortium to which the motor carrier belongs determines that a positive test result is valid, the officer shall report the findings to the motor vehicle division of the taxation and revenue department. The motor vehicle division shall enter the positive test results in the commercial driver's license information system pursuant to the New Mexico Commercial Driver's License Act.

SECTION 1. DRUG TESTING FOR HEALTH CARE PROVIDERS IN STATE HEALTH CARE FACILITIES--GROUNDS--RULEMAKING.-- 
A. A health care provider hired to provide direct care to patients in a state health care facility shall be tested for illicit and prescription drug and alcohol abuse prior to employment and subject to random drug testing thereafter.
B.  A health care provider providing direct care to patients in a state health care facility who is reasonably suspected of abusing illicit or prescription drugs or alcohol while working shall undergo drug testing without prior notice to the health care provider. 
C. The department of health shall promulgate rules to establish:
when a health care provider is reasonably suspected of abusing illicit or prescription drugs or alcohol while working;
(2) the protocol governing testing for illicit and prescription drugs and alcohol;
(3) what persons shall be considered reliable reporting parties for the purposes of this section;
(4) any disciplinary action, addiction interventions or fines pursuant to this section; and
(5) the definition of "direct care" for the purposes of this section.
D. When promulgating rules pursuant to Subsection D of this section, the department of health shall consult with representatives from:
the New Mexico medical board; 
the board of nursing; and 
(3) the New Mexico medical review
commission. 
E. For the purposes of this section:
(1) "health care provider" means any health care staff member who is licensed, certified or otherwise
authorized or permitted by law to provide direct unsupervised health care to a patient;
(2) "illicit or prescription drug" means a substance listed in any of Schedules I through V of the
Controlled Substances Act; and 
(3) "state health care facility" means a hospital, an entity providing services for the developmentally disabled, a shelter care home, a free-standing hospice or a home health agency that the
department of health operates. 
F.  Results of drug tests made pursuant to the provisions of this section shall be treated as confidential medical information, and only aggregate test data shall be subject to review by the department of health. 
G. A person who in good faith reports that a health care provider has been abusing illicit or prescription drugs or alcohol while working shall not be held liable for civil damages as a result of the report; provided that the health care provider reported as abusing illicit or prescription drugs or alcohol shall have the right to sue for damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of information to an unauthorized person.  (Effective (6/17/2011)