Diversion Overview
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.
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.
- 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.
- 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. 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.
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:
- New Mexico Nursing License:
Nurses must hold an active nursing license in New Mexico to be eligible for the program. - Referral Eligibility:
Nurses can also enter the program through a referral from another state’s Alternative to Discipline Program if applicable. - Voluntary Admission:
Nurses must voluntarily submit a written request or complete DP forms to join the program, acknowledging their substance use disorder. - History and Assessment Form:
Before scheduling an intake appointment, nurses must complete and submit a detailed History and Assessment form. - Commitment to Recovery:
Participants must show genuine commitment to their rehabilitation, which includes following treatment plans, attending support meetings, and undergoing therapy if required. - 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. - Compliance with Monitoring:
Regular monitoring will be enforced, including drug and alcohol screenings, workplace evaluations, and regular check-ins with the Diversion Program staff. - 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.
New to the Diversion Program
The Diversion Program is a voluntary, confidential initiative that allows participants to continue working in their field while ensuring their practice is safely monitored. It emphasizes the importance of support systems, requiring regular updates on the participant’s substance use disorder treatment, Peer Support involvement, and job performance.
- Nurses are asked to sign a “no-use” contract
- Single State NM License
- Work Restrictions
- Monthly Reports
- Substance Use Disorder Treatments
- Random Drug Screening
- Peer Support Meetings
- Random Drug Screening
- Quarterly Meetings
- Diversion Program- “No Use Contract”
Nurses who self-report their chemical dependency will be referred directly to the Diversion Program. All Diversion Program records are confidential.
Single State NM License
When a nurse voluntarily enters the Diversion Program’s Alternative to Discipline Monitoring, their multi-state license privileges revert to single-state status. After successfully completing the program, participants can request reinstating their multi-state privileges if eligible.
Nurse Practice Act- 61-3-24.1. – Article 5, Sec. C (Annotated 2023)
ARTICLE 5 – Additional Authorities Invested in Party State Licensing Boards Work Restrictions- General Information
- Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.
Monthly Reports
Self-Report:
Participants have the opportunity to reflect on their progress by submitting a monthly self-report through the easy-to-use RecoveryTrek portal. This process encourages personal accountability and growth in recovery.
Supervisor Report
Employed nurses benefit from ongoing support and feedback through a monthly supervisor report that highlights their job performance and commitment to safe practice. This fosters a positive relationship between the nurse and their employer, reinforcing trust and safety in the workplace
Therapy Report
Participants in treatment receive consistent, professional oversight through their therapist’s monthly reports, which focus on active participation and progress in recovery. This ensures that each individual is supported throughout their therapeutic journey.
Substance Use Disorder Treatment
The program provides a clear path to recovery by requiring participants to complete high-quality Inpatient or Intensive Outpatient Programs. Following this, the additional 52 aftercare sessions promote sustained recovery and long-term well-being, with licensed mental health professionals guiding the way.
Random Drug Screening
Random drug testing provides participants with valuable support, reinforcing accountability and offering peace of mind through consistent monitoring of their recovery journey. The Diversion Program incorporates various forms of random testing—urine, blood, hair/nails, and other body fluids—to ensure thorough oversight. Daily check-ins further help nurses stay aligned with their recovery goals. Drug screenings are managed through RecoveryTrek, a user-friendly process designed to share results promptly with the Diversion Program, enhancing both convenience and effective support.
Peer Support Meetings
By attending weekly peer support meetings, participants build a strong, recovery-centered community. The flexibility of in-person or online options allows participants to find a support network that best fits their needs, helping them stay engaged in their recovery.
Referral lists and resources for approved Peer Support meetings
Quarterly Meetings
Regular quarterly meetings with the Regional Advisory Committee (RAC) allow participants to celebrate milestones and receive positive reinforcement for their compliance and progress, further motivating them on their recovery journey.
Regional Advisory Committee
Per NM NPA 61-3-29.1 The New Mexico Board of Nursing’s Regional Advisory Committee (RAC) plays a crucial role in supporting the Diversion Program (DP) by offering guidance on best practices, regulatory policies, and program development. Composed of experienced nursing professionals and stakeholders, the RAC helps ensure that the Diversion Program meets the highest standards of support and accountability for nurses in recovery. Their insights contribute to a program structure that is aligned with current healthcare standards, fostering safe, effective nursing practice.
Participants Entering the Diversion Program
Entering the Diversion Program
Upon entering the Diversion Program/Alternative to Discipline, nurses are required to complete a History and Assessment form and a Diversion Program Response Checklist before scheduling their intake interview. This process ensures smooth entry into the program.
History and Assessment Form
Nurses are asked to provide a brief history of the events leading to their Diversion Program referral, including any family history of substance use disorder and other relevant factors contributing to relapse. This helps tailor support to their specific needs.
Diversion Program Response Checklist
Nurses complete a Diversion Program Response Checklist, admitting to a substance use disorder and expressing their willingness to enter voluntary practice monitoring. This allows them to personally explain their reasons for joining the alternative to discipline program.
Diversion Program Contract
We have provided a draft copy of the five-year Diversion Program contract for your review.
New Participant Entry Process
Please complete the following Forms and Submit
Please review Information
· Nursing Practice Act
· DP five-year Contract (Sample)
· Diversion Program Brochure
RecoveryTrek
RecoveryTrek is the NM BON third-party administrator for the Diversion Program. It provides operational services, such as a case management program and drug testing collection services. This program was specially designed to help you keep track of your journey through recovery in the Diversion Program.
Upon enrolling in the 5-year Diversion Program, you will receive an email with detailed, step-by-step instructions on accessing your secure nurse portal and setting up the mobile app for testing and documenting your meetings. Also, you will receive your temporary password and user name-make sure you note this information.
Significant numbers for RecoveryTrek:
Success Manager Erica Knappenberger 757-290-4181 erica@recoverytrek.com www.recoverytrek.com
Billing 1-757-943-9800 Ext 1
Instructions: