N.M. Admin. Code § 16.47.1.17

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.47.1.17 - HUMAN DRUG OR CONTROLLED SUBSTANCE AND ALCOHOL TESTING

A. If a licensee has a medical condition which makes it necessary to possess or use a prohibited substance, or prescribed or controlled substance pursuant to Paragraph B of 15.2.6.8 NMAC, the licensee shall provide to the stewards a letter signed by a licensed physician, physician assistant, or nurse practitioner certifying that the consumption of the prohibited, or prescribed, or controlled substances will not adversely affect the divided attention, psychophysical abilities of the licensee, to include but not limited to reaction time and the ability to judge time and distance. The letter must certify that the prohibited, or prescribed, or controlled substance will not affect a licensee's ability to carry out their responsibilities properly and safely while in the performance of their duties which includes being in actual physical control of a large equine animal or operating mechanical equipment on the grounds of the association and will not jeopardize the health, safety and welfare of the other individuals participating.

B.Restricted activities: All licensees may be subject to testing for controlled substances, drugs and alcohol. It shall be a violation for a licensee to utilize their commission issued license if the licensee:

(1) is engaged in illegal sale or distribution of alcohol or a controlled substance;

(2) possesses, without a valid prescription, a controlled substance;

(3) is intoxicated or under the influence of alcohol;

(4) is addicted, having been determined to be so by a professional evaluation, to alcohol or other drugs and not engaged in an abstinence-based program of recovery acceptable to the commission;

(5) has in their possession within the association grounds, any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled dangerous substance;

(6) refuses to submit to drug or controlled substances or alcohol testing, or both;

(7) presently has drugs or controlled substances or alcohol in their body.

C. With regard to alcohol, the results of a breath test showing a reading of more than .08 BAC in the sample provided by a licensee in a non-safety sensitive position shall be the criterion for a finding of alcohol present in the body. Such results shall operate as prima facie evidence of the presence of alcohol in a prohibitive amount in a licensee.

D. Licensees in safety positions, as determined by the stewards are in violation of this rule if they have any measurable level of alcohol, as determined by a breathalyzer test. Such results shall operate as prima facie evidence of the presence of alcohol in a prohibitive amount in the licensee.

E. There is zero tolerance for trainers and assistant trainers to be under the influence of controlled substances or alcohol or both while saddling horses in the paddock.

N.M. Admin. Code § 16.47.1.17

16.47.1.17 NMAC - Rp, 16 NMAC 47.1.17, 3/15/2001; A, 2/14/2002, Amended by New Mexico Register, Volume XXVIII, Issue 12, June 27, 2017, eff. 7/1/2017, Amended by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 9/26/2018, Amended by New Mexico Register, Volume XXXV, Issue 07, April 9, 2024, eff. 4/9/2024