New Mexico § 61-3-29.1 - Diversion program created; advisory committee; renewal fee; requirements; immunity from civil actions

§ 61-3-29.1. Diversion program created; advisory committee; renewal fee; requirements; immunity from civil actions

A. The board shall establish a diversion program to rehabilitate nurses whose competencies

may be impaired because of the abuse of drugs or alcohol 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 diversion 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. 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. C. Each regional advisory committee shall function under the direction of the board

and in accordance with regulations of the board. The regulations shall include directions to a regional advisory committee to: (1) establish criteria for continuance in the program; (2) develop a written diversion 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 diversion program may be successfully completed or terminated; (3) recommend to the board in favor of or against each nurse's discharge from the

diversion program; (4) evaluate each nurse's progress in recovery and compliance with the nurse's diversion

program contract; (5) report violations to the board; (6) submit an annual report to the board; and (7) coordinate educational programs and research related to chemically dependent nurses. 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 diversion

program. E. Files of nurses in the diversion program shall be maintained in the board office

and shall be confidential except as required to be disclosed pursuant to the Nurse

Licensure Compact, when used to make a report to the board concerning a nurse who

is not cooperating and complying with the diversion 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 diversion program leaves the state prior to the completion of the program. F. A person making a report to the board or to a regional advisory committee regarding

a nurse suspected of practicing nursing while habitually intemperate or addicted to

the use of habit-forming drugs 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. G. A person admitted to the diversion program for chemically dependent nurses who

fails to comply with the provisions of this section or with the rules and regulations

adopted by the board pursuant to this section or with the written diversion program

contract or with any amendments to the written diversion program contract may be subject

to disciplinary action in accordance with Section 61-3-28 NMSA 1978 .