N.M. Admin. Code § 16.12.13.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.12.13.9 - ADMISSION INTO THE DIVERSION PROGRAM

A. Nurses licensed in New Mexico who have had a complaint filed against their nursing license alleging the use or abuse of drugs or alcohol, or who voluntarily submit a written request, shall be given an opportunity to be admitted into the diversion program.

(1) Following a complaint, individuals who do not accept the opportunity for admission into the program shall be processed as a disciplinary case.

(2) Individuals who voluntarily requested admission and do not complete the admission process within 30 days of request may be subject to disciplinary action by the board.

(3) It may be recommended that individuals obtain a professional evaluation for chemical dependency or mental health diagnosis and submit a copy of the evaluation to the diversion program.

(4) The initial contract is a "no use" contract to include prescription medications unless written notification is given by the physician prescribing the medication.

(5) Signatures on the initial contract and amendments constitute a release of information for the diversion program to contact all supporting individuals.

B. Request for admission shall be made, in writing, to the diversion program coordinator or executive director of the board of nursing.

C. Each nurse requesting admission shall be scheduled for an admission interview and preparation of an initial contract.

(1) The initial contract shall include conditions which must be met by a participant.

(2) The contract may be individualized but the form may not be substantially changed without the approval of the board.

(3) The initial preparation of the contract will be done by the diversion program coordinator, executive director, or experienced regional advisory committee member.

(4) Participants may be prohibited from access to narcotics, overtime, night shift work and agency/home health care work.

(5) Beginning on December 1, 2022, any diversion program contract shall include the following conditions to which any participant entering into a new diversion program contract shall knowingly and voluntarily consent in writing as a prerequisite to program participation:

(a) the participant in the program agrees that the board may summarily suspend the participant's nursing license (or multiple licenses, if applicable) upon receiving information deemed to be credible by the board suggesting that the participant has violated the terms of the diversion program contract;

(b) any summary suspension may last no longer than ninety days; and

(c) the board may order a summary suspension without a hearing, provided that beforehand the board shall provide the participant notice of the possible suspension and an opportunity to submit any evidence, argument, or other information in writing as to why the board should not summarily suspend the participant's license.

N.M. Admin. Code § 16.12.13.9

Adopted by New Mexico Register, Volume XXXIII, Issue 23, December 13, 2022, eff. 12/13/2022