New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS
Part 13 - DIVERSION PROGRAM FOR CHEMICALLY DEPENDENT NURSES
Section 16.12.13.11 - RELAPSES AND NONCOMPLIANCE WITH THE DIVERSION PROGRAM CONTRACT

Universal Citation: 16 NM Admin Code 16.12.13.11

Current through Register Vol. 35, No. 18, September 24, 2024

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.

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.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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