(1) A licensee may be admitted to the NAP nondisciplinary track if the licensee is a:

(a) licensed nurse or previously licensed nurse in the state of Montana who requests admission;

(b) licensed nurse from another state who has applied for a nursing license in Montana and is in a similar monitoring program in another state;

(c) licensee without a previous disciplinary action from any licensing board;

(d) licensee against whom no notice of proposed board action or similar notice issued by a licensing board is pending; or

(e) licensee who successfully completed the NAP or similar monitoring program when enrolled.

(2) A licensee whose nursing practice has involved death or significant harm to a patient is not eligible for the nondisciplinary track.

(3) A licensee who has diverted controlled substances or caution legend drugs for purposes of sale, distribution, or personal use is not eligible for the nondisciplinary track.