2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1922. Disciplinary proceedings; appeal.

§ 1922. Disciplinary proceedings; appeal.
(a) Grounds. — The Board may impose any of the following sanctions (subsection (b) of this section) singly or in combination when it finds a licensee or former licensee is guilty of any offense described herein, except that the license of any licensee who is convicted of a felony sexual offense shall be permanently revoked:
(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing; or
(2) Has been convicted of a crime that is substantially related to the practice of nursing; or
(3) Is unfit or incompetent by reason of negligence, habits, or other causes; or
(4) Is habitually intemperate or is addicted to the use of habit-forming drugs; or
(5) Is mentally incompetent; or
(6) Has a physical condition such that the performance of nursing service is or may be injurious or prejudicial to patients or to the public; or
(7) Has had a license to practice as a registered nurse or licensed practical nurse suspended or revoked in any jurisdiction; or
(8) Is guilty of unprofessional conduct or the wilful neglect of a patient; or
(9) Has wilfully or negligently violated this chapter; or
(10) Has failed to report child abuse or neglect as required by § 903 of Title 16, or any successor thereto; or
(11) Has failed to report to the Division of Professional Regulation as required by §§ 1930 and 1930A of this title; or
(12) Has engaged in conversion therapy with a child; or
(13) Has referred a child to a provider in another jurisdiction to receive conversion therapy.
(b) Disciplinary sanctions. — (1) Permanently revoke a license to practice.
(2) Suspend a license.
(3) Censure a licensee.
(4) Issue a letter of reprimand.
(5) Place a licensee on probationary status and require the licensee to do 1 or more of the following:
a. Report regularly to the Board upon the matters which are the basis of probation.
b. Limit practice to those areas prescribed by the Board.
c. Continue or renew professional education until satisfactory degree of skill has been attained in those areas which are the basis of the probation.
(6) Refuse a license.
(7) Refuse to renew a license.
(8) Impose a monetary penalty not to exceed $500 for each violation.
(9) Take any other disciplinary action.
(c) Procedure. — (1) When a complaint is filed pursuant to § 8735 of Title 29, alleging a violation of this chapter, the complaint shall be received and investigated by the Division of Professional Regulation and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(2) The Board shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing to be served upon the practitioner at least 20 days before the date fixed for the hearing. In cases where the practitioner cannot be located or where the personal service cannot be effectuated, substitute service shall be effected in the same manner as with civil litigation.
(3) In all proceedings under this chapter:
a. The accused may be represented by counsel who shall have the right of examination and cross-examination.
b. The accused and the Board may subpoena witnesses. Subpoenas shall be issued by the President or the Vice-President of the Board upon written request and shall be served as provided by the rules of the Superior Court and shall have like effect as a subpoena issued by said Court.
c. Testimony before the Board shall be under oath. Any member of the Board shall have power to administer oaths for this purpose.
d. A stenographic record of the hearing shall be made by a qualified court reporter. At the request and expense of any party such record shall be transcribed with a copy to the other party.
e. The decision of the Board shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Board may refuse to issue, or revoke or suspend a license, or otherwise discipline a licensee. A suspended license may be reissued upon a further hearing initiated at the request of the suspended licensee by written application in accordance with the rules of the Board.
f. All decisions of the Board shall be final and conclusive. Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the practitioner. The appeal shall be on the record to the Superior Court and shall be as provided in §§ 10142-10145 of Title 29.
g. Upon reaching its conclusion of law and determining an appropriate disciplinary action, if any, the Board shall issue a written decision and order in accordance with § 10128 of Title 29. The order must restate the factual findings, but need not summarize the evidence presented. However, notwithstanding the provisions of § 10128(c) of Title 29, the decision and order, including an order issued pursuant to § 1923 of this title, may be issued over the signature of only the President or other officer of the Board. The decision and order must be sent by certified mail, return receipt requested, to the person complained about, with a copy to the Executive Director.
(d) The Board may not impose any sanction pursuant to subsection (b) of this section for the performance, recommendation, or provision of any reproductive health service that is lawful in this State even if such performance, recommendation, or provision is for a person who resides in a state where such performance, recommendation, or provision is illegal or considered to be unprofessional conduct or the unauthorized practice of nursing.
24 Del. C. 1953, §  1921;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;  65 Del. Laws, c. 221, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 482, §§  21, 22, 29;  74 Del. Laws, c. 262, §  36;  77 Del. Laws, c. 420, §  3;  78 Del. Laws, c. 35, §§  5, 6;  81 Del. Laws, c. 80, § 10;  81 Del. Laws, c. 340, § 5;  83 Del. Laws, c. 111, § 2;  83 Del. Laws, c. 327, § 2;