N.M. Admin. Code § 16.47.1.19

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

Section 16.47.1.19 - ASSESSMENT/TREATMENT REQUIREMENTS

A.General: A licensee penalized or restricted pursuant to this chapter shall retain rights of due process with respect to any determination of alleged violations which may adversely affect the right to hold a license. If there has been an offense, under 16.47.1.17 NMAC, above, the procedures in Subsections B, C and D of 16.47.1.18 NMAC will be followed.

B.First-time offenders:

(1) The board of stewards or the commission may, at its discretion, order the licensee to obtain a professional assessment to determine whether there is a substantial probability that the licensee is dependent on, or abuses, alcohol or other drugs or the board of stewards or the commission may act on the information at hand.

(2) Actions in the case of first offenders may include revocation of the license, suspension of the license for up to six months, placing the offender on probation for up to 90 days or ordering formal assessment and treatment.

(3) Treatment or assessment, if ordered, must meet the conditions given in 16.47.1.18.C NMAC.

C.Second-time offenders:

(1) The license of the person may be revoked or suspended for a period of up to one year or a professional assessment of the person may be ordered by the commission.

(2) If a professional assessment indicates presence of a problem or alcohol or other drug abuse that is not treatable within the reasonably foreseeable future (360 days) the license may be suspended for a period of up to one year.

(3) If a professional assessment indicates presence of a treatable problem of alcohol or other drug abuse or dependence, the board of stewards or the commission may order the licensee to undergo treatment as a condition of continuing licensure. Such treatment will be through a program or by a practitioner, acceptable to the licensee and the board of stewards or the commission. Required features of any program or practitioner acceptable to the board of stewards or the commission will be: accreditation or licensure by an appropriate government agency, if required by state statute; a minimum of one year follow-up treatment; and, a formal contract indicating the elements of the treatment and follow-up program that will be completed by the licensee and, upon completion, certified to the board of stewards or the commission as completed. To affect the contract, the licensee will authorize release of information by the treating agency, hospital or individual.

D. Third-time offenders: For third-time offenders, the offender's license may be revoked and the offender may be deemed ineligible for licensure for up to five years.

N.M. Admin. Code § 16.47.1.19

16.47.1.19 NMAC - Rp, 16 NMAC 47.1.19, 3/15/2001, Amended by New Mexico Register, Volume XXVIII, Issue 12, June 27, 2017, eff. 7/1/2017