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.
[16.12.13.11 NMAC - N, 12/13/2022]