N.M. Admin. Code § 16.19.4.12 - IMPAIRED LICENSEE OR REGISTRANT
A.
Definitions: For the purpose
of this section:
(1) Chemical dependence -
repeated use of alcohol or drugs culminating in a pattern of chemical
need.
(2) Disciplinary authority -
the board which may discipline pharmacists.
(3) Diversion - illicit dispensing,
distribution or administration of a scheduled controlled substance not in the
normal course of professional practice.
(4) Drug - a chemical substance alone or in
combination including alcohol.
(5)
Drug abuse - improper or excessive use of a drug to the detriment of the
individual and/or society.
(6)
Impaired pharmacist - a pharmacist who is unable to practice pharmacy with
reasonable skill, competence or safety to the public because of drug abuse,
physical illness, mental illness, the aging process or loss of motor skills,
sight or hearing.
(7) Licensing
authority - authority that licenses/registers pharmacists.
(8) Recovering - a term used to describe an
impaired pharmacist who has successfully completed the approved treatment
program and is being rehabilitated in accordance with a professionally
prescribed aftercare treatment. (Use of "recovering" rather than "recovered" is
intended to indicate that recovery is a continuous process with no finite end
point).
(9) Reinstatement - the
process whereby the recovering impaired pharmacist is permitted to resume the
practice of pharmacy.
(10)
Treatment - the therapeutic interruption of the disease process by competent
and skilled professional resources.
B.
Applicability: This section
is applicable to all licensed/registered externs, interns, pharmacists, and any
other board licensee/registrant, and applicants for licensure or registration.
For the purpose of this section, the word "licensee" shall include all persons
licensed/registered by the board of pharmacy and applicants for license or
registration.
C.
Procedures:
(1) Impaired
licensee reporting:
(a) If any person knows
that a licensee is impaired, that person shall report any relevant information
either to the board-contracted treatment program or to the board.
(b) When the board receives an initial report
relating to an alleged impaired board licensee, the board may:
(i) refer the licensee to the examining
committee who may require evaluation by the board-contracted program and
require enrollment if recommended; or
(ii) refer the licensee to the
board-contracted program with required enrollment if recommended; or
(iii) file a complaint to initiate
disciplinary action.
(2) Disciplinary sanctions: board referral to
the board-contracted program - when a licensee whose license or registration is
suspended or revoked successfully completes a board approved treatment program,
that licensee must appear before the board as a condition of consideration for
reinstatement. The licensee must provide documentary evidence from the
contracted treatment program, stating that the licensee has reached recovery
and may be allowed to practice without endangering the public.
(3) Confidentiality: The names of voluntary
participants in the program and records relating to their referral and
treatment are confidential provided, however, that this information may be
disclosed:
(a) in a disciplinary hearing
before the board and in court proceedings arising therefrom;
(b) to the board and to the pharmacist's
licensing/disciplinary authorities of other jurisdictions in accordance with
law;
(c) pursuant to an order of a
court of competent jurisdiction;
(d) in injunctive proceedings brought by the
board; and
(e) as otherwise
provided by law.
(4)
Civil immunity: No member of the board or the committee or any board-approved
intervenor shall be liable for any civil damages because of acts or omissions
which may occur while acting in good faith pursuant to the Impaired Health Care
Provider Act 61-7-1 through 61-7-12 NMSA 1978.
Notes
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