Section 52-1-12 - Compensation prohibited when worker under influence of certain drugs.
52-1-12. Compensation prohibited when worker under influence of certain drugs.
No compensation is payable from any employer under the provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] if the injury to the person claiming compensation was occasioned solely by the person being under the influence of a depressant, stimulant or hallucinogenic drug as defined in the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978] or under the influence of a narcotic drug as defined in the Controlled Substances Act [30-31-1 NMSA 1978] unless the drug was dispensed to the person upon the prescription of a practitioner licensed by law to prescribe the drug or administered to the person by any person authorized by a licensed practitioner to administer the drug.