SENATE BILL 636

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

David Ulibarri

AN ACT

RELATING TO HEALTH CARE; REQUIRING DRUG AND ALCOHOL TESTING FOR DIRECT HEALTH CARE PROVIDERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. DRUG TESTING FOR HEALTH CARE PROVIDERS--GROUNDS--RULEMAKING.--

          A. Any health care provider hired to provide direct care to patients in a health facility shall be tested for illegal drug use prior to employment.

          B. At least once every calendar year after hire, while working, a health care provider providing direct care to patients in a health facility shall be tested for drug and alcohol abuse.

          C. A health care provider providing direct care to patients in a health facility who is reasonably suspected of abusing drugs or alcohol while working shall undergo drug testing without prior notice to the health care provider.

          D. The department of health shall promulgate rules to establish:

                (1) when a health care provider is reasonably suspected of abusing drugs or alcohol while working;

                (2) the protocol governing testing for drugs and alcohol;

                (3) what persons shall be considered reliable reporting parties for the purposes of this section; and

                (4) any disciplinary action, addiction interventions or fines pursuant to this section.

          E. When promulgating rules pursuant to Subsection D of this section, the department of health shall consult with representatives from:

                (1) the New Mexico medical board;

                (2) the board of nursing;

                (3) the New Mexico medical review commission;

                (4) the national union of hospital and health care employees; and

                (5) the American medical association.

          F. 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; and

                (2) "health facility" means a public hospital; a profit or nonprofit private hospital; a general or special hospital; an entity providing services for the developmentally disabled; a shelter care home; a free-standing hospice; or a home health agency.

          G. 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.

          H. A person who in good faith reports that a health care provider has been abusing 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 drugs 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.

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