HOUSE BILL 523

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Eliseo Lee Alcon

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING EACH PERSON HIRED TO COACH A SCHOOL ATHLETIC ACTIVITY TO BE TESTED FOR ILLICIT AND PRESCRIPTION DRUG ABUSE.

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

     SECTION 1. A new section of the School Personnel Act is enacted to read: 

     "[NEW MATERIAL] ATHLETICS--DRUG TESTING OF COACHES.--

          A. A person hired to coach a school athletic activity shall be tested for illicit and prescription drug abuse prior to employment and subject to random drug testing thereafter, with at least one drug test annually.

          B. A coach who is reasonably suspected of abusing illicit or prescription drugs shall undergo drug testing without prior notice to the coach.

          C. A coach who fails a drug test shall be tested again within three days of the initial test. If a coach who fails a drug test continues to be employed by the school district as a coach, the coach shall submit to weekly drug tests for no less than one year.

          D. Each school district shall establish policies, in consultation with the New Mexico activities association or any successor organization, concerning:

                (1) when a coach is reasonably suspected of abusing illicit or prescription drugs;

                (2) the protocol governing testing for illicit and prescription drugs; and

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

          E. As used in this section:

                (1) "illicit or prescription drug" means a substance listed in any of Schedules I through V of the Controlled Substances Act; and

                (2) "school athletic activity" means a sanctioned middle school, junior high school or senior high school athletic function." 

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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