Monitoring Participants In The Diversion Program

A. Participants must assure that required written reports and drug screens are submitted in accordance with the provisions of the diversion program contract and contract amendments. Written reports and drug screens must be received regularly by the program. (1) Written reports of the same type and several drug screens received together are not acceptable and may result in the participant being noncompliant. (2) Drug screens shall be scheduled randomly and shall be observed in accordance with the guidelines and protocols approved by the board. (3) Drug screens must include participant’s drugs of choice. B. Participants are required to meet with representatives of the program periodically for an evaluation of their progress in recovery and participation in the program. (1) After one year of acceptable compliance, amendments may be made in the participant’s contract based on the participant’s progress in recovery and participation in the program. (2) Contracts and contract amendments must be submitted with all required signatures within two weeks of the meeting date. (3) Failure to meet regularly as scheduled may result in being reported to the board for noncompliance. C. Participant shall notify the diversion program coordinator and the executive director of the board, immediately, of a pending relocation out-of-the state of New Mexico. The participant shall complete and submit the out of state relocation form. The executive director shall notify the board of nursing in the state in which participant intends to practice that the licensee is a participant in the New Mexico board of nursing’s diversion program for chemically dependent nurses. Participants who relocate out-of-state must comply with the NM diversion program requirements until participants have been discharged from the program. [16.12.13.10 NMAC - N, 12/13/2022] 16.12.13.11 RELAPSES AND NONCOMPLIANCE WITH THE DIVERSION PROGRAM CONTRACT: A. Participants who are noncompliant with their contract and who do not cooperate with the program shall be reported to the board of nursing. (1) Reports shall be made to the board using the participant’s confidential file number. (2) The participant’s name shall not be disclosed to the board until formal disciplinary proceedings occur. B. The diversion program coordinator or the executive director shall file a sworn complaint after a verbal or written report of a relapse, positive drug screen or no verbal or written communication with the diversion program for three months. (1) A relapse is defined as the unauthorized use of any mind-altering drug or alcohol. (2) The relapse shall be reported to the board of nursing at its next regularly scheduled meeting. 16.12.13 NMAC 3 C. The board may move for a notice of contemplated action and may summarily suspend the license of the participant for a period not to exceed 90 days pending the completion of a formal disciplinary proceeding as provided by the diversion program contract, on the basis of a participant’s relapse or positive drug screen. D. An individual whose license is reinstated following a summary suspension shall remit the required reinstatement fee. E. Participants who appear before the board for a disciplinary hearing may be required to enter into a new diversion program contract.