(1) A licensee may be admitted to the NAP alternative monitoring track if the licensee:

(a) is from another state and has applied for a nursing license in Montana and is enrolled in and compliant with a similar monitoring program in another state;

(b) is without a previous disciplinary action from any licensing board;

(c) does not have a disciplinary or other adverse action pending; or

(d) has successfully completed the NAP or similar monitoring program.

(2) A licensee is not eligible for admission to the alternative monitoring track without board review if the licensee:

(a) is not eligible for licensure in the jurisdiction;

(b) has previously been unsuccessfully discharged from a professional monitoring or assistance program;

(c) has caused known provable harm to a patient;

(d) has engaged in behavior that has high potential to cause patient harm such as diverting drugs by replacing the drug with another drug; or

(e) has while under a NAP contract, returned to use of a prohibited or proscribed substance on three or more separate occasions.