1. A. The board shall establish an alternative to discipline program to rehabilitate nurses whose competencies may be impaired because of the use of habit-forming substances so that nurses can be treated and returned to or continue the practice of nursing in a manner that will benefit the public. The intent of the alternative to discipline program is to develop a voluntary alternative to traditional disciplinary actions and an alternative to lengthy and costly investigations and administrative proceedings against such nurses, at the same time providing adequate safeguards for the public.
2. B. The board shall appoint one or more evaluation committees, hereinafter called "regional advisory committees", each of which shall be composed of members with expertise in chemical dependency. At least one member shall be a registered nurse. No current member of the board shall be appointed to a regional advisory committee. The executive officer of the board or the executive officer's designee shall be the liaison between each regional advisory committee and the board.

3. C. Each regional advisory committee shall function under the direction of the board and in accordance with rules of the board. The rules shall include directions to a regional advisory committee to:

   1. (1) establish criteria for continuance in the program;
   2. (2) develop a written alternative to discipline program contract to be approved by the board that sets forth the requirements that shall be met by the nurse and the conditions under which the alternative to discipline program may be successfully completed or terminated;
   3. (3) recommend to the board in favor of or against each nurse's discharge from the alternative to discipline program;
   4. (4) evaluate each nurse's progress in recovery and compliance with the nurse's alternative to discipline program contract;
   5. (5) report violations to the board;
   6. (6) submit an annual report to the board; and
   7. (7) coordinate educational programs and research related to nurses addicted to the use of habit-forming substances.
4. D. The board may increase the renewal fee for each nurse in the state not to exceed twenty dollars ($20.00) for the purpose of implementing and maintaining the alternative to discipline program.
5. E. Files of nurses in the alternative to discipline program shall be maintained in the board office and shall be confidential except as required to be disclosed pursuant to the Nurse Licensure Compact [61-3-24.1 NMSA 1978], when used to make a report to the board concerning a nurse who is not cooperating and complying with the alternative to discipline program contract or, with written consent of a nurse, when used for research purposes as long as the nurse is not specifically identified. However, the files shall be subject to discovery or subpoena. The confidential provisions of this subsection are of no effect if the nurse admitted to the alternative to discipline program leaves the state prior to the completion of the program.
6. F. A person making a report to the board or to a regional advisory committee regarding a nurse suspected of practicing nursing while addicted to the use of habit-forming substances or making a report of a nurse's progress or lack of progress in rehabilitation shall be immune from civil action for defamation or other cause of action resulting from such reports if the reports are made in good faith and with some reasonable basis in fact.
7. G. A person admitted to the alternative to discipline program for chemically dependent nurses who fails to comply with the provisions of this section or with the rules adopted by the board pursuant to this section or with the written alternative to discipline program contract or with any amendments to the written alternative to discipline program contract may be subject to disciplinary action in accordance with Section 61-3-28 NMSA 1978.

History: 1978 Comp., § 61-3-29.1, enacted by Laws 1987, ch. 285, § 1; 1991, ch. 190, § 21; 1991, ch. 253, § 2; 1997, ch. 244, § 19; 2001, ch. 137, § 12; 2018, ch. 1, § 2; 2025, ch. 101, § 12.

ANNOTATIONS

The 2025 amendment, effective June 20, 2025, replaced the "diversion program" with the "alternative to discipline program" and made conforming and technical amendments; substituted each occurrence of "diversion" with "alternative to discipline" throughout the section; in Subsection A, replaced "abuse of drugs or alcohol" with "use of habit-forming substances"; in Subsection C, Paragraph C(7), after "related to" deleted "chemically dependent", and after "nurses" added "addicted to the use of habit-forming substances"; and in Subsection F, after "nursing while" deleted "habitually intemperate or", and after "habit-forming" deleted "drugs" and added "substances".

The 2018 amendment, effective January 18, 2018, provided an exception to the confidentiality requirements of the nurse rehabilitation diversion program and made technical changes; in Subsection B, after "The executive officer of the board or", deleted "his" and added "the executive officer’s"; in Subsection C, Paragraph 4, after "compliance with", deleted "his" and added "the nurse’s"; in Subsection E, after "except", added "as required to be disclosed pursuant to the Nurse Licensure Compact", and after "However", deleted "such" and added "the"; and in Subsections F and G, changed "Any person" to "A person".

The 2001 amendment, effective June 15, 2001, in Subsection E, inserted the exception that files of nurses in the diversion program may be used for research purposes if the name of the nurse is not identified and written consent is obtained.

The 1997 amendment, effective June 20, 1997, in Subsection B, rewrote the first sentence and substituted "a regional" for "an" in the second sentence and near the beginning of Subsection F, rewrote Subsection C, and substituted "program contract" for "agreement" in Subsections E and G.

The 1991 amendment, effective June 14, 1991, inserted "or his designee" in the final sentence in Subsection B; substituted "twenty dollars ($20.00)" for "ten dollars ($10.00)" in Subsection D; added Subsection G; and made minor stylistic changes in Subsections A, B and C. Identical amendments to this section were enacted by Laws 1991, ch. 190, § 21. The section was set out as amended by Laws 1991, ch. 253, § 2. See 12-1-8 NMSA 1978.