The New Mexico Board of Nursing Diversion Program is for nurses who may be impaired due to chemical dependency/substance use disorder. The Diversion Program is an alternative to discipline, a voluntary, confidential program. In 1987, the Legislature enacted Section 61-3-29 of the nursing practice to promote early identification and rehabilitation for nurses whose competencies may be impaired because of the use and or abuse of drugs or alcohol.

Purpose/intent of the Diversion Program

The Board of Nursing’s goal of the Diversion Program/Alternative to Discipline Program is to ensure public safety with safe nursing practice and provide nurses an opportunity for treatment and rehabilitation. Allowing the nurse to return to or continue their nursing practice safely will benefit the public. The Diversion Program is a confidential alternative to traditional disciplinary actions. Traditional or formal disciplinary actions are a matter of public record. It is the Board’s wish that chemically dependent nurses recognize their illness and seek treatment and admission into the Diversion Program for monitoring so that formal action by the Board is not required.

Nurse Practice Act Section

NMAC Section

How Are Nurses Referred to the Diversion Program

There are three paths a nurse can be referred to in the Diversion Program practice monitoring. Nurses with a chemical dependency/substance use disorder may be admitted to the Diversion Program through self-reporting and requesting admission or following the receipt of a complaint alleging the use and/or abuse of alcohol or drugs or concerns of diversion of narcotic medications. The Board may also encourage a licensee to be admitted to the program following a formal disciplinary process.

1. Self-Referral – This is when a nurse is aware of having a substance use disorder and voluntarily requests admission into the Diversion Program. A nurse can file a complaint against their license, report directly to the Diversion Program, or report directly to the NMBON office. All self-referrals are forwarded to the DP Manager for review.
2. Complaint Referral – Nurses come to the attention of the Diversion Program through a review of complaints that allege possible impairment at work or diversion of narcotic medications, which could indicate a substance use disorder. These complaints can be filed by patients, their families, coworkers, employers, or any public entity concerned about the nurse’s practice.
3. 3. Board Referral – The NMBON Board may find an opportunity to refer a nurse to the DP after being referred by another Alternative to Discipline Program from another state or based upon the complaint’s allegations. The Board may also refer a licensee to be admitted to the program following a formal disciplinary process. A nurse may request admission into the program in lieu of formal Board action against their license or as a condition of reinstatement of their license.

Confidential Program

The BON NM Diversion Program is confidential. Nurses who self-report their chemical dependency will be referred directly to the Diversion Program. All Diversion Program records are confidential.

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Immediate Information Needed?

Becky Gonzales MSN RN HWNC-BC     Diversion Program Manager  

Office: 505-841-9091   Mobile: 505-639-3626

Email: Becky.Gonzales@bon.nm.gov nmbon.diversion@bon.nm.gov

This program aims to provide nurses with the support and resources they need to overcome substance use challenges while ensuring public safety.

Diversion Program FAQs

What is the Diversion Program?

The Diversion Program is a confidential, voluntary alternative to formal disciplinary action for nurses who may be chemically dependent because of habitual or regular use of drugs and/or alcohol.

Why was the Diversion Program established?

The Diversion Program was created to address substance use disorders among licensed nurses, focusing on rehabilitation rather than punishment. Historically, addiction in nursing was met with disciplinary action, but in the early 1980s, the approach shifted toward supporting recovery. New Mexico became the third state to establish a Diversion Program in 1987, following legislation that empowered the Board of Nursing to assist nurses struggling with chemical dependency.

The program requires nurses to undergo treatment as part of their recovery plan, which typically includes therapy for substance use disorders. While the program does not provide direct therapy, it ensures that nurses participate in individualized treatment programs, including counseling, addiction treatment services, and support groups. Nurses are closely monitored during recovery to ensure they stay sober and follow their treatment plans.

The goal is to help nurses regain control of their lives and return to safe practice. The structure and accountability provided by the program support long-term recovery. Once they successfully complete the program, nurses are better equipped to manage their sobriety and continue their careers.

What are the requirements for participation in the Diversion Program?

To participate in the NM BON Diversion Program, nurses must meet the following criteria:

1. New Mexico Nursing License:
   Nurses must hold an active nursing license in New Mexico to be eligible for the program.
2. Referral Eligibility:
   Nurses can also enter the program through a referral from another state’s Alternative to Discipline Program if applicable.
3. Voluntary Admission:
   Nurses must voluntarily submit a written request or complete DP forms to join the program, acknowledging their substance use disorder.
4. History and Assessment Form:
   Before scheduling an intake appointment, nurses must complete and submit a detailed History and Assessment form.
5. Commitment to Recovery:
   Participants must show genuine commitment to their rehabilitation, which includes following treatment plans, attending support meetings, and undergoing therapy if required.
6. Contract Signing:
   Nurse will be scheduled for an intake appointment. Nurses are required to sign a five-year contract agreeing to be monitored throughout the program. They may request early discharge after three years if they meet all the program’s requirements.
7. Compliance with Monitoring:
   Regular monitoring will be enforced, including drug and alcohol screenings, workplace evaluations, and regular check-ins with the Diversion Program staff.
8. Adherence to Program Guidelines:
   Nurses must follow all program rules, including timely submission of reports, maintaining communication with their case manager, and fulfilling all individual treatment goals.

These requirements ensure that nurses are fully informed, dedicated to their recovery, and capable of meeting the program’s expectations.