A. A health care provider hired to provide direct care to patients in a state health care facility shall be tested for illicit and prescription drug and alcohol abuse prior to employment and subject to random drug testing thereafter.

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

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

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

(2)     the protocol governing testing for illicit and prescription drugs and alcohol; (3)     what persons shall be considered reliable reporting parties for the purposes of this section;

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

(5)     the definition of “direct care” for the purposes of this section.

D. 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; and

(3)     the New Mexico medical review commission. E. 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;

(2)     “illicit or prescription drug” means a substance listed in any of Schedules I through V of the Controlled Substances Act [N.M. Stat. Ann. Chapter 30, Article 31]; and

(3)     “state health care facility” means a hospital, an entity providing services for the developmentally disabled, a shelter care home, a free-standing hospice or a home health agency that the department of health operates.

F. 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.

G. A person who in good faith reports that a health care provider has been abusing illicit or prescription 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 illicit or prescription drugs or alcohol 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.