1. A. All alternative to discipline (ATD) program participant records are strictly confidential and shall be maintained by the board in accordance with Section 61-3-29.1 NMSA 1978.

2. 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. (1) disclosure is required pursuant to the nurse licensure compact;
   2. (2) disclosure is for the purposes of reporting to the board concerning a nurse who is not cooperating and complying with the alternative to discipline (ATD) program contract;
   3. (3) the participant leaves the state prior to successful discharge;
   4. (4) the participant presents an immediate danger to self or to the public; or
   5. (5) the participant is no longer in the program and the board has taken disciplinary action against the participant based on noncompliance with the alternative to discipline (ATD) program contract.

[16.12.13.13 NMAC - Rp, 16.12.13.13 NMAC 1/1/2026, A, 6/10/2026]