Advanced Search

1.7.8NMAC


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
TITLE 1               GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 7        STATE PERSONNEL ADMINISTRATION

PART 8                 DRUG AND ALCOHOL ABUSE

 

1.7.8.1                    ISSUING AGENCY: State Personnel Board.

[1.7.8.1 NMAC - Rp, 1.7.8.1 NMAC, 02/12/2010]

 

1.7.8.2                    SCOPE: All state agencies in the classified

service.

[1.7.8.2 NMAC - Rp, 1.7.8.2 NMAC, 02/12/2010]

 

1.7.8.3                    STATUTORY AUTHORITY: NMSA 1978, Section

10-9-10(A).

[1.7.8.3 NMAC - Rp, 1.7.8.3 NMAC, 02/12/2010]

 

1.7.8.4                    DURATION: Permanent.

[1.7.8.4 NMAC - Rp, 1.7.8.4 NMAC, 02/12/2010]

 

1.7.8.5                    EFFECTIVE DATE: February 12, 2010, unless a later date is

cited at the end of a section.

[1.7.8.5 NMAC - Rp, 1.7.8.5 NMAC, 02/12/2010]

 

1.7.8.6                    OBJECTIVE: The objective of Part 8 of Chapter 7 is: to

require every state agency to provide its employees with information on the effects of drug and alcohol

abuse; to require drug, alcohol testing or both; and to establish required

collection, screening, rehabilitative and sanction parameters.

[1.7.8.6 NMAC - Rp, 1.7.8.6 NMAC, 02/12/2010]

 

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.

[1.7.8.7 NMAC - Rp, 1.7.8.7 NMAC, 02/12/2010; A, 10/30/2012]

 

1.7.8.8                    OMNIBUS TRANSPORTATION

EMPLOYEE TESTING ACT OF 1991:

                A.            Employees

in safety-sensitive positions within the meaning of the Omnibus

Transportation Employee Testing Act of 1991 ("Omnibus Act" (49 U.S.C. Subtitle

VI Part B § 31306) are exempt from and are not covered by the provisions of 1.7.8.7

NMAC and 1.7.8.9 NMAC through 1.7.8.20 NMAC.

                B.            Agencies

with employees covered by the Omnibus Act shall develop and submit to the

director a policy for implementing drug and alcohol tests.

                C.            The

policy shall contain at the least the:

                    (1)     covered positions;

                    (2)     testing requirements for drugs and alcohol;

                    (3)     collection of specimen;

                    (4)     reporting and explanation of test results;

                    (5)     confidentiality;

                    (6)     training;

                    (7)     rehabilitation and sanctions;

                    (8)     record retention;

                    (9)     rehabilitative and sanction parameters of

drug and alcohol abuse; and

                    (10)     reasonable

suspicion.

                D.            Agencies shall advise the board annually of those

positions covered by the Omnibus Act.

[1.7.8.8 NMAC - Rp, 1.7.8.8 NMAC, 02/12/2010]

 

1.7.8.9                    DESIGNATION OF

SAFETY-SENSITIVE POSITIONS:

                A.            Only

those positions specifically designated by the board as such shall be

considered to be safety-sensitive positions for purposes of 1.7.8 NMAC.

                B.            The

director shall maintain a list of positions designated by the board as being

safety-sensitive.

                C.            The

board shall review and approve annually the positions designated as

safety-sensitive.

                D.            The director

shall seek the board’s approval for out-of-cycle requests for additions and

deletions of safety-sensitive positions.

[1.7.8.9 NMAC - Rp, 1.7.8.9 NMAC, 02/12/2010]

 

1.7.8.10                 SUBSTANCE ABUSE COORDINATOR:

                A.            Each

agency shall appoint a substance abuse coordinator who shall be responsible for

the agency's drug and alcohol abuse program.

                B.            The

substance abuse coordinator shall provide drug and alcohol abuse awareness

information to employees including but not limited to the:

                    (1)     dangers of drug and alcohol abuse;

                    (2)     availability of counseling, rehabilitation, and employee assistance

programs; and

                    (3)     sanctions that may be imposed upon employees as provided in 1.7.8.19

NMAC.

                C.            The

drug abuse coordinator shall ensure that the agency has contracted or made

arrangements with a medical review officer to perform the duties required by 1.7.8

NMAC.

[1.7.8.10 NMAC - Rp, 1.7.8.10 NMAC, 02/12/2010]

 

1.7.8.11                 AUTHORIZED DRUG AND ALCOHOL

TESTING:

                A.            All

candidates for safety-sensitive positions are required to submit to drug

testing after an offer of employment is made and prior to final selection.

                B.            Agencies

that require employees in safety-sensitive positions to undergo regular

physical examinations shall require such employees to undergo drug testing as

part of those physical examinations.

                C.            Agencies

shall require employees to undergo drug, alcohol testing or both if the agency

has a reasonable suspicion that the employee has committed drug or alcohol

abuse based on, but not limited to:

                    (1)     direct observation of the physical symptoms or manifestations of being

under the influence of a drug or alcohol while on duty; such symptoms may

include, but are not limited to liquor on breath, slurred speech, unsteady

walk, or impaired coordination; or

                    (2)     direct observation of the use or possession of drugs or drug

paraphernalia, or the use of alcohol while on duty.

                D.            An employee shall submit to a reasonable suspicion drug

or alcohol test provided the requesting supervisor has secured the next level

supervisor’s approval, unless the requesting supervisor is the agency head. The

requesting supervisor shall prepare a contemporaneous memorandum outlining the

details leading up to the reasonable suspicion drug or alcohol test. The

memorandum shall be submitted to the substance abuse coordinator within 24

hours of the request for testing.

                E.            At

least ten percent (10%) of employees in safety-sensitive positions in each

agency shall be required to undergo drug testing on a yearly basis.

                    (1)     The director shall identify the safety-sensitive positions on a random

selection basis.

                    (2)     At the discretion of the agency head or substance abuse coordinator,

employees may be excused from random drug testing if:

                              (a)     they have previously requested referral in accordance with the

provisions of Subsection B of 1.7.8.19 NMAC;

                              (b)     the selection for random drug testing is made during the first 30

calendar days following the request for referral; or

                              (c)     they

are on an authorized absence for 30 calendar days or more.

                    (3)     The agency head or

substance abuse coordinator shall inform the director of any employee excused

from random drug testing within 10 working days of receipt of the notice of

safety sensitive testing.

                F.            The director may authorize an agency to conduct more than

10% random drug testing on employees in safety sensitive positions upon receipt

of an agency’s written request that would include justification of how the

additional testing is related to the conditions of employment and the use of

equipment that could pose a risk to public health or safety.

[1.7.8.11 NMAC - Rp, 1.7.8.11 NMAC, 02/12/2010; A, 12/1/2010]

 

1.7.8.12                 COLLECTION OF SPECIMENS:

                A.            Unless

otherwise specified in 1.7.8 NMAC,

urine specimens for drug testing shall be collected by a laboratory meeting

state licensure requirements and certified by the substance abuse and mental

health services administration or the college of American pathologists in

forensic urine drug testing.

                B.            Breath

specimens may be collected by a certified person, a medical or a laboratory

facility.  Should the medical or

laboratory facility not be available or should the equipment fail, the

substance abuse coordinator or designee shall designate another testing

facility and report this referral to the director within ten working days of

taking the breath specimen.

[1.7.8.12 NMAC - Rp, 1.7.8.12 NMAC, 02/12/2010]

 

1.7.8.13                 DRUG TESTS:

                A.            The

initial and confirmatory drug tests shall be performed by a state licensed

laboratory in accordance with the substance abuse and mental health services

administration or the college of American pathologists in forensic urine drug

testing. The laboratory shall have the capability of performing initial and

confirmatory tests for each drug or metabolite for which service is offered.

                B.            The

following initial cutoff concentrations shall be used when screening specimens

on the initial drug tests to determine whether they are negative for these

seven drugs or classes of drugs.

                    (1)     Marijuana metabolites                         50  (ng/ml)

                    (2)     Cocaine metabolites                             150  (ng/ml)

                    (3)     Opiate metabolites                                2,000  (ng/ml)

                    (4)     6-Acetylmorphine                                 10  (ng/ml)

                    (5)     Phencyclidine (PCP)                              25  (ng/ml)

                    (6)     Amphetamines                                      500  (ng/ml)

                    (7)     MDMA                                                    500  (ng/ml)

                C.            All

specimens identified as positive on the initial drug test, shall be confirmed

by the laboratory at the cutoff concentration listed below for each drug. All

confirmations shall be by quantitative analysis:

                    (1)     Marijuana metabolite - Delta - 9-tetrahydrocannabinol - 9-carboxylic

acid (THCA) 15  (ng/ml)

                    (2)     Cocaine  metabolite - Benzoylecgonine           100  (ng/ml)

                    (3)     Opiates:

                              (a)     Morphine                                      2,000  (ng/ml)

                              (b)     Codeine                                         2,000  (ng/ml)

                    (4)     6-Acetylmorphine                                 10  (ng/ml)

                    (5)     Phencyclidine (PCP)                              25  (ng/ml)

                    (6)     Amphetamines:

                              (a)     Amphetamine                              250  (ng/ml)

                              (b)     Methamphetamine 1                   250  (ng/ml)

                    (7)    

MDMA (Methylenedioxymethamphetemine)                250  (ng/ml)

                              (a)    

MDA (Methylenedioxyamphetamine)                   250  (ng/ml)

                              (b)    

MDEA (Methylenedioxyethylamphetamine)        250  (ng/ml)

                    (8)     1To be

reported as positive for methamphetamine, a specimen must also contain amphetamine

at a concentration equal to or greater than 100 ng/ml.

                D.            The laboratory shall report as negative all

specimens that are negative on the initial test or negative on the confirmatory

test. Only specimens reported as positive on the confirmatory test shall be

reported positive for a specific drug.

                E.            The

laboratory shall retain and place those specimens confirmed positive in

properly secured long-term frozen storage for at least 365 calendar days. An

agency may request the laboratory to retain the specimen for an additional

period of time. If the laboratory does not receive a request to retain the

specimen during the initial 365 calendar day period, the specimen may be

discarded.

[1.7.8.13 NMAC - Rp, 1.7.8.13 NMAC, 02/12/2010; A/E, 10/01/2010; Re-pr, 12/1/2010]

 

1.7.8.14                 ALCOHOL TESTS:

                A.            A

test for alcohol shall be administered by a legally recognized and approved

method.

                B.            A

test by a legally recognized or approved method with results of blood alcohol

content (BAC) level of .04 or more shall be deemed

positive for alcohol.

                C.            An agency may

request in writing through the director that the board approve a lower test

result for blood alcohol content (BAC).

                D.            For

employees who have undergone alcohol rehabilitation, pursuant to Paragraph

(1) of Subsection D of 1.7.8.19 NMAC,

a positive test result during the 30 to 180 calendar days following the first

positive test shall subject an employee to disciplinary action.  Such a test may be performed by urinalysis.

[1.7.8.14 NMAC - Rp, 1.7.8.14 NMAC, 02/12/2010]

 

1.7.8.15                 REPORTING OF TEST RESULTS:

                A.            Drug

and alcohol test results shall be reported only to the substance abuse

coordinator or designee.

                B.            The

test report shall contain the specimen number assigned by the agency, the

laboratory accession number and results of the tests. All specimens negative on

the initial test or negative on the confirmatory test shall be reported as

negative. Only specimens confirmed positive shall be reported positive. Results

may be transmitted to the substance abuse coordinator by various means

including certified mail with return receipt requested, courier service, or

electronic mail in a secure area (e.g., facsimile or computer). Certified

copies of all analytical results and chain-of-custody forms shall be available

from the laboratory when requested by the director, the agency head, or

substance abuse coordinator or designee.

                C.            The

substance abuse coordinator or designee shall advise candidates and employees

in writing of positive test results.

                D.            All

records pertaining to a given urine specimen shall be retained by the

laboratory for a minimum of two years.

                E.            Only

those members of management who need to know shall be made aware of the test

results. Breach of confidentiality may be grounds for disciplinary action.

[1.7.8.15 NMAC - Rp, 1.7.8.15 NMAC, 02/12/2010]

 

1.7.8.16                 EXPLANATION OF POSITIVE TEST

RESULTS:

                A.            Candidates

for a safety sensitive position who test positive for drugs, alcohol or both

may, within two workdays of being advised of the test results, submit a written

request to the agency's substance abuse coordinator for a review of the test

results by the medical review officer. The test results of all employees who

test positive for drugs, alcohol or both shall be referred by the agency's

substance abuse coordinator or designee to the medical review officer.

                    (1)     If the candidate does not request a review of the test results within

two workdays, the candidate waives review by the medical review officer and any

retesting of the sample and consents to rejection for selection.

                    (2)     The medical review officer shall examine any proffered or possible

explanations concerning the validity of the confirmed positive test results.

This action may include conducting a medical interview, review of the medical

history, review of the chain of custody, and discussions with the collection or

laboratory personnel. The medical review officer shall review all medical

records made available by the individual when a positive test could have

resulted from legally prescribed medications for medical or dental treatment.

The medical review officer shall also review the results of any retest done

according to the provisions of 1.7.8.17 NMAC.

                              (a)     Should any questions arise as to the accuracy or validity of a

confirmed positive test result, only the medical review officer is authorized

on behalf of the state to order a reanalysis of the original sample and such

retests are authorized to be performed only at a laboratory that meets

applicable provisions of any state licensure requirements and is certified by

the substance abuse and mental health services administration or the college of

American pathologists in forensic urine drug testing.

                              (b)     Prior to making a final decision to verify a positive test result, the

medical review officer shall give the candidate or employee an opportunity to

discuss the test results. The discussion between the medical review officer and

the candidate or employee may be in person or by telephone.

                              (c)     The medical review officer shall advise the appropriate substance abuse

coordinator of his or her medical conclusions from the review of the test

results. If there are conflicting factual statements, the medical review

officer shall not attempt to resolve that factual conflict, but shall report it

along with his or her medical conclusions to the agency substance abuse coordinator.

Similarly, the medical review officer shall not attempt to ascertain the

factual correctness of any claim by the candidate or employee of involuntary

ingestion of drugs or alcohol or both, but shall simply report such claims to

the agency substance abuse coordinator with his or her medical opinion as to

the possibility that such occurrence could have affected the test results.

                B.            Based

upon the medical review officer's report and such other inquiries or facts as

the agency may consider, the agency shall determine whether the explanations or

challenges of the confirmed positive test results are satisfactory.

                    (1)     If the explanations or challenges of the positive test results are

unsatisfactory the agency:

                              (a)     shall provide a written

explanation to the candidate or employee as to why the explanation is

unsatisfactory, along with the test results, within 11 calendar days of the

agency's determination; and

                              (b)    

shall retain such records as confidential for one year.

                    (2)     If the explanations or challenges of the positive test results are

satisfactory the agency:

                              (a)     shall notify the candidate or employee in writing within 11 calendar

days of the agency's determination; and

                              (b)    

shall retain such records as confidential for one year.

[1.7.8.16 NMAC - Rp, 1.7.8.16 NMAC, 02/12/2010]

 

1.7.8.17                 RETESTING: Candidates who have sought review of their

positive drug or alcohol urine tests by the medical review officer and all

employees who tested positive for drugs or alcohol urine tests may elect to

have, at their expense, an aliquot of the original urine specimen retested by

another laboratory that meets applicable provisions of any state licensure

requirements and is certified in forensic urine drug testing by either the

substance abuse and mental health services administration or the college of

American pathologists. The drug testing laboratory shall arrange for the

shipment of the aliquot to the laboratory of the candidates’ or employees'

choosing. The agency shall pay for the retest if the retest is negative.

[1.7.8.17 NMAC - Rp, 1.7.8.17 NMAC, 02/12/2010]

 

1.7.8.18                 CONFIDENTIALITY: No laboratory reports or test results shall

appear in the employee's  personnel file

unless he or she is subject of a disciplinary action taken in accordance with

the provisions of 1.7.8 NMAC.

Laboratory reports or test results shall be placed in a special locked file

maintained by the substance abuse coordinator. Files relating to laboratory

reports or test results maintained by the substance abuse coordinator are

confidential within the meaning of 1.7.1.12 NMAC.

[1.7.8.18 NMAC - Rp, 1.7.8.18 NMAC, 02/12/2010]

 

1.7.8.19                 REHABILITATION AND SANCTIONS:

                A.            Candidates for employment:

                    (1)     A candidate for employment in a safety-sensitive position shall be

rejected for selection when he tests positive for drugs and does not seek

review by the medical review officer or cannot satisfactorily explain the

positive test results.

                    (2)     An employee for transfer or promotion to a safety-sensitive position

who tests positive for drugs and is unable to satisfactorily explain the positive

test results shall be subject to disciplinary action including dismissal if the

employee occupies a safety-sensitive position. If the employee is not in a

safety-sensitive position, the employee shall be treated in accordance with the

provisions of Subsection D of 1.7.8.19 NMAC.

                B.            Voluntary self-identification by employees:

                    (1)     Any employee who requests referral to an EAP,

counseling or a drug or alcohol rehabilitation program, prior to selection for

drug and alcohol testing shall be referred by the substance abuse counselor.

Any costs for counseling or rehabilitation shall be borne by the employee.

                    (2)     The agency may grant administrative leave to an employee to participate

in an employee assistance program, counseling, or a drug or alcohol

rehabilitation program for up to 240 hours for the initial voluntary

self-identification only.

                    (3)     Employees in safety-sensitive positions, who have requested referral

shall be assigned to non safety-sensitive duties until successful completion of

the approved substance abuse program or treatment plan and release by the

substance abuse program provider.

                    (4)     Employees are subject to drug, alcohol testing or both at the discretion

of the substance abuse coordinator at any time between 30 and 180 calendar days

of requesting referral.

                              (a)     Employees in safety-sensitive positions who test positive during this

time period or fail to successfully complete such program are subject to

disciplinary action including dismissal.

                              (b)     Employees in non safety-sensitive positions who test positive during

this time period or fail to successfully complete such program may be subject

to disciplinary action including dismissal. The agency may allow the employee

to use annual leave, sick leave, or leave without pay for additional counseling

or rehabilitation by the agency after considering all factors relevant to the

employee's condition and job performance history.

                    (5)     For employees who have been required to undergo an alcohol

rehabilitation program, any indication of alcohol at any level during the 30 to

180 calendar day period following the referral shall be considered a positive

test result.

                C.            Safety-sensitive positions: Employees in

safety-sensitive positions who have not requested referral to an employee

assistance program, counseling, or a drug or alcohol rehabilitation program and

test positive on a required drug, alcohol test or both shall be subject to

disciplinary action including dismissal if they do not have a satisfactory

explanation for the positive test results.

                D.            Non safety-sensitive positions:

                    (1)     Employees in non safety-sensitive positions who test positive on a

reasonable suspicion drug or alcohol test or both required by Subsection

D of 1.7.8.11 NMAC and do not

have a satisfactory explanation for the positive test results shall be referred

to an employee assistance program, counseling, or a drug or alcohol

rehabilitation program. Employees are subject to drug or alcohol testing at the

discretion of the substance abuse coordinator at any time between 30 and 180

calendar days of the first positive test. Any such employee who tests positive

for drugs, alcohol or both between 30 and 180 calendar days of the first

positive test without a satisfactory explanation or who fails to enter and

successfully complete a program shall be subject to disciplinary action

including dismissal.

                    (2)     The agency may grant an employee administrative leave to participate in

an employee assistance program, counseling, or a drug or alcohol rehabilitation

program for up to 240 hours for the initial reasonable suspicion referral only.

                E.            Refusal to cooperate in testing procedure: Any employee who refuses or fails without

good cause to cooperate in the drug or alcohol testing or both procedure by

refusing or failing to complete the specified forms, by refusing or failing to submit

a urine or breath specimen, or otherwise refuses or fails to cooperate shall be

subject to disciplinary action including dismissal.

                F.            Possession of drugs or alcohol:

                    (1)     Employees who illegally sell, purchase, or convey from one person or

one place to another drugs or any substance in Schedules I and II of the

Controlled Substances Act,  Sections 30-31-1 to 30-31-41 NMSA 1978 (Repl. Pamp. 1994), while on duty shall be subject to

disciplinary action including dismissal and shall be reported to the local law

enforcement agency.

                    (2)     When employees, while on duty consume or have in their possession drugs,

open containers of alcohol or any substance in Schedules I and II of the

Controlled Substances Act, Sections

30-31-1 to 30-31-41 NMSA 1978 (Repl. Pamp. 1994) without

a valid prescription or as otherwise authorized by law, they shall be subject

to disciplinary action including dismissal and shall be reported to the local

law enforcement agency.

[1.7.8.19 NMAC - Rp, 1.7.8.19 NMAC, 02/12/2010; A, 12/1/2010]

 

1.7.8.20                 PILOT PROGRAM: The board may authorize a pilot program to

evaluate impairment testing. Such pilot programs may authorize variances from

provisions of 1.7.8 NMAC, including

random drug testing for participants in the pilot program.

[1.7.8.20 NMAC - Rp, 1.7.8.20 NMAC, 02/12/2010]

 

HISTORY OF 1.7.8 NMAC:

Pre-NMAC History:

Material in this

part was derived from that previously filed with the Commission of Public Records

- State Records Center and Archives as:

SPB-14, Drug and

Alcohol Abuse, filed 04-04-90.

SPB-14, Drug and

Alcohol Abuse, filed 10-17-90.

SPB-14, Drug and

Alcohol Abuse, filed 12-13-90.

SPB 11, Drug and Alcohol Abuse, filed 12-15-92.

SPB 11, Drug and Alcohol Abuse, filed 03-18-94.

SPB 11, Drug and Alcohol Abuse, filed 12-29-94.

 

History of Repealed Material:

1 NMAC 7.8, Drug and Alcohol Abuse (filed

06-13-97) repealed 07-07-01.

1.7.8 NMAC, Drug and Alcohol Abuse (filed

06-14-01) repealed 02-12-10.

 

Other History:

SPB 11, Drug and Alcohol Abuse (filed 12-29-94)

was replaced by 1 NMAC 7.10, Drug and Alcohol Abuse, effective 01-31-96.

1 NMAC 7.10, Drug and Alcohol Abuse (filed

01-12-96) was replaced by 1 NMAC 7.10, Drug

and Alcohol Abuse, effective 05-15-96.

1 NMAC 7.10, Drug and Alcohol Abuse (filed

05-02-96) was replaced by 1 NMAC 7.8, Drug and Alcohol Abuse, effective 07-01-97.

1 NMAC 7.8, Drug and Alcohol Abuse (filed 06-13-97) was

replaced by 1.7.8 NMAC, Drug and Alcohol Abuse,

effective 07-07-01.

1.7.8 NMAC, Drug and Alcohol Abuse (filed 06-14-01) was replaced

by 1.7.8 NMAC, Drug and Alcohol Abuse, effective

02-12-10.