Question

Diversion Program Board of nursing or Nurse practice Act

Discuss the Diversion Program in New Mexico. Include why the program was established and the program’s objectives.

Requirements for Participating

Include in this section all of an individual’s requirements when participating in the Diversion Program. Including but not limited to the application process, length of program, requirements to meet program procedures, etc.

Knowledge of Violation of the Nurse Practice Act

What is the responsibility of an individual that has knowledge of any violation of the Nurse Practice Act (NPA) at work? What could be the results of not reporting?

Due Process

Define and discuss in detail “due process” as specified in the sixth Amendment which is applicable to the states through the Due Process Clause of the 14^th Amendment.

In a second paragraph discuss how due process was evident at the hearings at the Board of Nursing (BON). Provide specific examples of due process that you witnessed.

Answer 1

DIVERSION PROGRAM IN MEXICO:

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 alcohol.

OBJECTIVES OF THE DIVERSION PROGRAM:

The primary objectives of the diversion program are:to protect the health and safety of NM citizens.To identify chemically dependent nurses or nurses at risk for a chemically dependency before the disease progresses at the point where valuable nurses are unable to practice nursing because of the use of drugs or alcohol.

• To assist the nurse to get the appropriate help he/she needs to stop using drugs and alcohol and to receive treatment.
• To keep the recovering nurses productive by helping him/her to remain in practice or return to practice as soon as possible.
• To monitors the nurse practice and recovery for whatever period of time is necessary to assure that the nurse is a safe practitioner.
• To report non compliance and/or violations of the diversion program contract to the board of nursing.
• To educate the public and nursing profession about chemical dependency and impaired practice.

DIVERSION PROGRAM ESTABLISHED DUE TO:

The purpose of the diversion program is to monitor nurses in the first months and years of their recovery,and track compliance with their soberty and recovery work.it is not the intent of the program to provide treatment or therapy to chemically dependent nurses.however,the initial contract signed by all nurses requires them to receive some form of treatment for chemical dependency.The program initially provides a strict external structure of recovery for nurses whose lives have become unmanagable due to their abuse or addiction.The goal of the diversion program is to enable these nurses to integrate this structure internally and be able to manage their lives effectively again.when this has been accomplished,the nurses are ready for discharge.

Who is eligible to participate in diversion program?

Any R.N. or L.P.N. licensed in the state of new mexico who habitually uses or is addicted to alcohol and/or drugs and who requests admission into the program.

REQUIREMENTS FOR THE PARTICIPATION IN THE DIVERSION PROGRAM:

Nurses who request admission will be sent a new participant packet to review prior to their admission.This packet includes all the pertinent information about the requirements for participation,including a copy of the initial contract that will be signed by all participants.They will be scheduled to meet with the diversion program case manager for an admission interview.

The initial contract signed by all participants is a five year contract,in which the nurse agrees to be monitored by the diversion program during that five year frame.The requirements of the contract include:

• Admission of a problem with chemical dependency.
• Treatment for chemical dependency.A minimum of intensive out patient treatment is required.
• After initial treatment,participation in an aftercare group for a period of one year.
• Complete abstinence from all mind altering drugs,including alcohol.
• Regular,random drug and alcohol screens according to the protocol for the diversion program.
• Submission of monthly,written self assessment letters addressing recovery issues.
• Submission of regular reports from the treatment and aftercare counselors regarding participation and cooperation with treatment.
• Mandatory,regularly scheduled face to face evaluations with representatives of the diversion program and submission of signed contract amendments.

VIOLATION OF NPA:

Any person who has knowledge of conduct by a licensed nurse that may violate a nursing law or rule or related state or federal law may report the alleged violation to the board of nursing where the conduct occurred.Complaints should not be sent to NCSBN,as NCSBN has no authority over individual nurses.

What if not reports:

The NPA provides both individual penalties against care facilities.A covered individual who violates the act by failing to report,within the specified timeframe,a reasonable suspicion of a crime committed against an elderly resident is subject to a maximum civil penalty of $200,000.

DUE PROCESS:

Due process is the legal requirement that the state must respect all legal rights that are owed to a person.due process balances the power of law of land and protects the individual person from it.

The due process clause of the 14th amendment is exactly like a similar provision in fifth amendment,which only restricts the federal government.it states that no person shall be deprived of life,liberty or property without due process of law.usually due process refers to fair procedures.

Specific examples of due process that I witnessed:

Verbal,physical or emotional abuse.

Misappropriating property from work place or a client.

Failure to keep records or obtain informed consent.

Practicing the consent while impaired.

Breaching confidentiality.