Relapse Of Licensee In Recovery Program General

Although relapse (failure to maintain abstinence) is not inevitable, it is common for relapse to occur in recovery from alcoholism or other substance dependence. Therefore, a licensee who is engaged in a formal program of recovery, and is compliant with all provisions other than abstinence, will not be regarded automatically as having committed a new offense. [16.47.1.20 NMAC - Rp, 16 NMAC 47.1.16, 3/15/2001; Rp, 16.47.1.19 NMAC, 7/1/2017] 16.47.21 POST-RELAPSE PROCEDURES: A. When a licensee is determined to have failed in maintaining abstinence, the licensee shall furnish to the board of stewards or the commission an assessment by the treating agency, hospital or individual practitioner indicating whether the licensee was compliant with the agreed upon program of recovery, and an opinion as to whether a "new offense" occurred. B. The board of stewards or the commission will determine whether a new offense has occurred in each instance. If a new offense has occurred, the board of stewards or the commission will proceed under 16.47.1 NMAC 19 Subsections B or C of 16.47.1.18 NMAC. Otherwise, the licensee shall continue in the agreed upon program of recovery.