- A. All diversion program participant records are strictly confidential and shall be maintained by the board in accordance with Section 61-3-29.1 NMSA 1978.
B. Subject to any additional confidentiality as otherwise provided by law, the board may disclose the records of a participant in the following circumstances:
- (1) disclosure is required pursuant to the Nurse Licensure Compact;
- (2) disclosure is for the purposes of reporting to the board concerning a nurse who is not cooperating and complying with the diversion program contract;
- (3) the participant leaves the state prior to successful discharge; or
- (4) the participant is no longer in the program and the board has taken disciplinary action against the participant based on noncompliance with the diversion program contract.
[16.12.13.13 NMAC - N, 12/13/2022]