reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 18. BOARD OF PLUMBING, HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION EXAMINERS › Subchapter IV. Miscellaneous Provisions › § 1831. Artificial entity's loss of license holder.

§ 1831. Artificial entity's loss of license holder.
(a) If a partnership, firm, corporation, or other artificial entity that provides services regulated under this chapter suffers the loss of its sole license holder, the entity shall notify the Board in writing with supporting documentation within 7 days of the loss of its license holder.
(b) The Board shall schedule an emergency meeting within 10 days of notification pursuant to subsection (a) of this section. From the date of loss of the sole license holder through the date of the emergency meeting, the entity may continue to operate without a license holder, provided that the entity continues to employ the same personnel with the exception of the license holder.
(c) An owner or employee of an entity that desires to continue providing services despite the loss of the sole license holder must submit an application for licensure to the Board before the emergency meeting scheduled pursuant to subsection (b) of this section, for consideration by the Board at the meeting. At the meeting the Board may issue a temporary license to the applicant, valid for 100 days, dated from the date of notification to the Board by the entity, pursuant to subsection (a) of this section.
(d) If the Board issues a temporary license to the applicant at the emergency meeting pursuant to subsection (c) of this section, the applicant must take the next available examination.
(e) Notwithstanding the provisions of subsections (c) and (f) of this section, a temporary license expires immediately upon an applicant's failure to take the next available examination; or, if the applicant takes the examination, upon the Board's receipt of notification that the applicant failed the examination taken pursuant to subsection (d) of this section.
(f) If a 100-day temporary license issued pursuant to this section expires and the entity has no license holder in its employ, the entity must cease and desist immediately from providing plumbing services for which a license is required under this chapter.
75 Del. Laws, c. 296, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 18. BOARD OF PLUMBING, HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION EXAMINERS › Subchapter IV. Miscellaneous Provisions › § 1832. Local regulation.

§ 1832. Local regulation.
Nothing in this chapter shall be construed to limit the ability of any county, municipality, or other governmental entity to adopt and enforce plumbing, HVACR, or fuel gas codes and regulations that are not in conflict with this chapter.
75 Del. Laws, c. 296, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1901. Declaration of legislative intent.

§ 1901. Declaration of legislative intent.
The General Assembly hereby declares the practice of nursing by competent persons is necessary for the protection of the public health, safety and welfare and further finds that the levels of practice within the profession of nursing should be regulated and controlled in the public interest. In order to safeguard life and health, the general administration and supervision of the education, examination, licensing and regulation of professional and practical nursing is declared essential, and such general administration and supervision is vested in the Board of Nursing.
24 Del. C. 1953, §  1901;  54 Del. Laws, c. 153, §  1;  64 Del. Laws, c. 26, §  1;  69 Del. Laws, c. 319, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1904. Delaware Board of Nursing — Election of officers; quorum; rules and regulations; special meetings; compensation; seal.

§ 1904. Delaware Board of Nursing — Election of officers; quorum; rules and regulations; special meetings; compensation; seal.
(a) The Board shall elect, annually, from its members a President and Vice-President. In the event of a vacancy in 1 of the offices, a replacement shall be elected at the next Board meeting or at a meeting called for that purpose.
(b) Eight members of the Board, including 1 officer, shall constitute a quorum.
(c) The Board may adopt and promulgate such rules and regulations as may be necessary to govern its proceedings, to define the duties of its officers and to effectuate the intent and purpose of this chapter.
(d) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
(e) The Board shall adopt a seal and may use that seal on official documents.
24 Del. C. 1953, §  1904;  54 Del. Laws, c. 153;  57 Del. Laws, c. 668, §  2;  64 Del. Laws, c. 26, §  1;  67 Del. Laws, c. 366, §  6;  70 Del. Laws, c. 482, §§  3, 25;  81 Del. Laws, c. 85, § 9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1905. Delaware Board of Nursing — Executive Director.

§ 1905. Delaware Board of Nursing — Executive Director.
The Executive Director shall be a registered nurse with at least 5 years' experience in an administrative or teaching position, have earned a master's degree in nursing, nursing education, education or a related health field.
24 Del. C. 1953, §  1905;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;  67 Del. Laws, c. 144, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1907. Delaware Board of Nursing — Revenue and expenses.

§ 1907. Delaware Board of Nursing — Revenue and expenses.
(a) All fees and other money received by the Board shall be paid over to the State Treasurer, in accordance with Chapter 61 of Title 29.
(b) Expenses of the Board, within the limits of appropriations made to it, shall be paid by the State Treasurer upon warrants signed by the proper officers of the Board.
24 Del. C. 1953, §  1907;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1908. Delaware Board of Nursing — Meetings; examinations for licensing; nursing education programs; fees.

§ 1908. Delaware Board of Nursing — Meetings; examinations for licensing; nursing education programs; fees.
(a) The Board shall meet as often as necessary to carry out its responsibilities as defined in this chapter.
(b) Special meetings of the Board may be called by the Executive Director upon the request of the President or any 2 members.
(c) The Board shall consider and act upon applications to conduct a nursing education program.
(d) The amount charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board and the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting on its behalf, shall compute for each separate service or activity the appropriate Board fees for the coming year.
24 Del. C. 1953, §  1908;  54 Del. Laws, c. 153;  57 Del. Laws, c. 668, §  3;  63 Del. Laws, c. 84, §  1;  64 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 482, §§  5, 6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1909. License requirement.

§ 1909. License requirement.
No unlicensed person, except those persons issued a temporary permit by the Board, shall practice advanced practice, professional or practical nursing. Upon request, any person engaged in the practice of advanced practice, professional or practical nursing shall exhibit a license authorizing such practice.
24 Del. C. 1953, §  1909;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;  69 Del. Laws, c. 319, §  10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1910. Qualifications for registered nurse.

§ 1910. Qualifications for registered nurse.
An applicant for a license to practice as a registered nurse shall submit to the Board written evidence, verified by oath, that the applicant:
(1) Is a graduate of and holds a certificate from a State Board of Nursing approved nursing education program that is authorized to prepare persons for licensure as a registered nurse;
(2) Demonstrates competence in English related to nursing;
(3) Has earned a high school diploma or its equivalent;
(4) Is of such satisfactory physical and mental health as is consistent with the Americans with Disabilities Act [42 U.S.C. § 12101 et seq.];
(5) Has committed no acts which are grounds for disciplinary action as set forth in § 1922(a) of this title; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board by an affirmative vote of a majority of the quorum, shall waive § 1922(a)(2) of this title. A waiver may not be granted for a conviction of a felony sexual offense;
a.-e. [Repealed.]
(6) If seeking licensure by endorsement, demonstrates active employment in professional nursing in the past 5 years, or satisfactory completion of a professional nursing refresher program with an approved agency within 2 years prior to filing an application. In the event no refresher course is available the Board may consider alternate methods of evaluating current knowledge in professional nursing; and
(7) Has passed the standard national examination for registered nursing. The National Council of State Boards of Nursing shall establish the passing score.
24 Del. C. 1953, §  1910;  54 Del. Laws, c. 153;  57 Del. Laws, c. 668, §§  4, 5;  64 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 482, §§  7-9;  75 Del. Laws, c. 436, §  16;  77 Del. Laws, c. 199, §  14;  78 Del. Laws, c. 35, §§  1, 2;  78 Del. Laws, c. 44, §§  28, 29;  81 Del. Laws, c. 80, § 3;  83 Del. Laws, c. 433, § 13;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1912. Reciprocity for registered nurse.

§ 1912. Reciprocity for registered nurse.
(a) The Board may, by endorsement, without written examination, license as a registered nurse an applicant who, on or after July 1, 1983, is duly licensed as a registered nurse or is entitled to perform similar services under a different title under the laws of another state or territory of the United States or a foreign country if, in the opinion of the Board, the applicant meets the qualifications specified by this chapter for registered nurses in this State.
(b) In the event the applicant has not been actively employed in professional nursing in the past 5 years, the applicant will be required to give evidence of satisfactory completion of a professional nursing refresher program with an approved agency within 2 years prior to endorsement before licensure by endorsement will be granted. In the event no refresher course is available the Board may consider alternate methods of evaluating current knowledge in professional nursing.
(c) Verification of current Delaware license is provided upon request to other state boards of nursing.
24 Del. C. 1953, §  1912;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 482, §  11;  81 Del. Laws, c. 80, § 5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1913. Registered nurses licensed under previous law.

§ 1913. Registered nurses licensed under previous law.
(a) Any person holding a license to practice nursing as a registered nurse that is valid on July 1, 1983, shall be deemed to be licensed as a registered nurse under this chapter and shall be eligible for renewal of such license under the conditions and standards prescribed by § 1918 of this title.
(b) Any person eligible for reactivation or reinstatement of a license to practice nursing as a registered nurse in this state on or after July 1, 1983, shall be deemed to be eligible to be licensed as a registered nurse under this chapter and shall be eligible for renewal of such license under the conditions and standards prescribed by § 1918 of this title.
(c) Any person whose license to practice nursing as a registered nurse has lapsed in this State on or after July 1, 1983, because of failure to renew may become licensed as a registered nurse under this chapter by applying for reinstatement according to the rules and regulations established by the Board of Nursing.
(d) Any person who was licensed to practice nursing as a registered nurse and who had requested to be placed on inactive status in this State on or after July 1, 1983, may become licensed as a registered nurse under this chapter by applying for reactivation according to the rules and regulations established by the Board of Nursing.
24 Del. C. 1953, §  1916;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1914. Qualifications for licensed practical nurse.

§ 1914. Qualifications for licensed practical nurse.
An applicant for a license to practice as a licensed practical nurse shall submit to the Board written evidence, verified by oath, that such applicant:
(1) Is a graduate of and holds a certificate from a State Board of Nursing approved practical nursing education program. The Board may, by an affirmative vote of a majority of a quorum of the Board, waive this requirement for application for licensure by endorsement if it finds clear and convincing evidence that the applicant's education, training, experience, and conduct have been sufficient to overcome the deficiency in meeting this requirement;
(2) Demonstrates competence in English related to nursing;
(3) Has earned a high school diploma or its equivalent;
(4) Is of such satisfactory physical and mental health as is consistent with the Americans with Disabilities Act [42 U.S.C. § 12101 et seq.];
(5) Has committed no acts which are grounds for disciplinary action as set forth in § 1922(a) of this title; however, after a hearing or review of documentation, the Board, by an affirmative vote of a majority of the quorum, shall waive § 1922(a)(2) of this title if, after considering the factors set forth in § 8735(x)(3) of Title 29, that the granting of a waiver would not create an unreasonable risk to public safety. A waiver may not be granted for a conviction of a felony sexual offense and a felony sexual offense shall be considered by the Board notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29;
a.-e. [Repealed.]
(6) If seeking licensure by endorsement, demonstrates active employment in practical nursing in the past 5 years, or satisfactory completion of a practical nursing refresher program with an approved agency within 2 years prior to filing an application. In the event no refresher course is available the Board may consider alternate methods of evaluating current knowledge in practical nursing; and
(7) Has passed the standard national examination for practical nursing. The National Council of State Boards of Nursing shall establish the passing score.
24 Del. C. 1953, §  1913;  54 Del. Laws, c. 153;  57 Del. Laws, c. 668, §§  6, 7;  64 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 482, §§  12-14;  75 Del. Laws, c. 436, §  17;  77 Del. Laws, c. 199, §  15;  77 Del. Laws, c. 420, §  4;  78 Del. Laws, c. 35, §§  3, 4;  78 Del. Laws, c. 44, §§  30, 31;  81 Del. Laws, c. 80, § 6;  81 Del. Laws, c. 425, § 16;  83 Del. Laws, c. 433, § 13;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1916. Reciprocity for licensed practical nurse.

§ 1916. Reciprocity for licensed practical nurse.
(a) The Board may, by endorsement, without written examination, license as a practical nurse an applicant who, on or after July 1, 1983, is duly licensed as a practical nurse or is entitled to perform similar services under a different title under the laws of another state or a territory of the United States or a foreign country, if in the opinion of the Board, the applicant meets the qualifications specified by this chapter for licensed practical nurses in this State.
(b) In the event the applicant has not been actively employed in practical nursing in the past 5 years, the applicant will be required to give evidence of satisfactory completion of a practical nursing refresher program within an approved agency within 2 years prior to endorsement before licensure by endorsement will be granted. In the event no refresher course is available the Board may consider alternate methods of evaluating current knowledge in practical nursing.
(c) Verification of current Delaware license is provided upon request to other state boards of nursing.
24 Del. C. 1953, §  1915;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 482, §  16;  81 Del. Laws, c. 80, § 8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1917. Licensed practical nurses licensed under previous law.

§ 1917. Licensed practical nurses licensed under previous law.
(a) Any person holding a license to practice nursing as a licensed practical nurse that is valid on July 1, 1983, shall be deemed to be licensed as a licensed practical nurse under this chapter and shall be eligible for renewal of such license under the conditions and standards prescribed by § 1918 of this title.
(b) Any person eligible for reactivation or reinstatement of a license to practice nursing as a licensed practical nurse in this State on or after July 1, 1983, shall be deemed to be eligible to be licensed as a licensed practical nurse under this chapter and shall be eligible for renewal of such license under the conditions and standards prescribed by § 1918 of this title.
(c) Any person whose license to practice nursing as a licensed practical nurse has lapsed in this State on or after July 1, 1983, because of failure to renew may become licensed as a licensed practical nurse under this chapter by applying for reinstatement according to the rules and regulations established by the Board of Nursing.
(d) Any person who was licensed to practice nursing as a licensed practical nurse and who had requested to be placed on inactive status in this State on July 1, 1983, may become licensed as a licensed practical nurse under this chapter by applying for reactivation according to the rules and regulations established by the Board of Nursing.
24 Del. C. 1953, §  1916;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1919. Nursing educational programs.

§ 1919. Nursing educational programs.
(a) An institution desiring to conduct a nursing education program shall apply to the Board and submit satisfactory evidence that it is ready and qualified to instruct students in the prescribed basic curriculum for educating nurses and that it is prepared to meet other standards which may be established by the Board. The Board may authorize the temporary operation of a nursing education program pending evaluation for approval. The Board shall grant approval in writing. The Board may visit and survey any nursing education program at any reasonable time.
(b) If the Board determines that any approved nursing education program is not maintaining the standards required by this chapter and by the Board, written notice thereof, specifying the deficiency and the time within which the same shall be corrected, shall immediately be given to the program. The Board shall withdraw such program's approval if it fails to correct the specified deficiency, and such nursing education program shall discontinue its operation; provided, however, that the Board shall grant a hearing to such program upon written application and extend the period for correcting specified deficiency upon good cause being shown.
(c) An approved nursing education program which plans substantive changes, as defined in the Board's rules and regulations, shall obtain the written approval of the Board prior to the date of the change.
(d) Any nursing education program in the State that is recognized as an approved program by the Board of Nursing on or after July 1, 1983, shall be deemed to be an approved education program for the purpose of this chapter.
24 Del. C. 1953, §  1918;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1920. License requirements; use of abbreviations.

§ 1920. License requirements; use of abbreviations.
(a) No person shall engage in the practice of professional nursing in Delaware without being licensed by the Board, except those persons issued a temporary permit by the Board.
(b) No person shall engage in practice as an advanced practice registered nurse without a board-issued license as an advanced practice registered nurse. Notwithstanding any provision to the contrary, the use of title and abbreviation for advanced practice registered nurses is authorized in accordance with the following:
(1) Only certified registered nurse anesthetists may use that title, the abbreviation “CRNA” or any other words, letters, signs or figures indicating that the person using the same is a certified registered nurse anesthetist.
(2) Only certified nurse practitioners may use that title, the abbreviation “CNP” or any other words, letters, signs or figures indicating that the person using the same is a certified nurse practitioner.
(3) Only certified nurse midwives may use that title, the abbreviation “CNM” or any other words, letters, signs or figures indicating that the person using the same is a certified nurse midwife.
(4) Only clinical nurse specialists may use that title, the abbreviation “CNS” or any other words, letters, signs or figures indicating that the person using the same is a clinical nurse specialist.
(5) The abbreviation for the “APRN” designation for a certified nurse practitioner, a certified registered nurse anesthetist, a certified nurse midwife, and for a clinical nurse specialist will be “APRN,” plus the role title, i.e., “CNP,” “CRNA,” “CNM,” or “CNS.” It shall be unlawful for any person to use the title “APRN” or “APRN” plus their respective role titles, authorized abbreviations or any other title that would lead a person to believe the individual is an APRN, unless permitted by this chapter.
(c) No person shall knowingly employ a graduate of a professional nursing program or a registered nurse to engage in the practice of professional nursing without a temporary permit or license from the Board.
(d) Only registered nurses shall use that title, the title “nurse”, the abbreviation of “R.N.” or any other words, letters, signs or figures indicating that the person using the same is a registered nurse.
(e) No person shall practice practical nursing in Delaware without being licensed by the Board, except those persons issued a temporary permit by the Board.
(f) No person shall knowingly employ a graduate of a practical nursing program or a licensed practical nurse to engage in the practice of practical nursing without a temporary permit or license from the Board.
(g) Only licensed practical nurses shall use that title, the title “nurse”, the abbreviation “L.P.N.” or any other words, letters, signs or figures indicating that the person using the same is a licensed practical nurse.
24 Del. C. 1953, §  1919;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;  69 Del. Laws, c. 319, §  12;  77 Del. Laws, c. 234, §§  1, 2;  80 Del. Laws, c. 171.;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1923. Temporary suspension; pending hearing.

§ 1923. Temporary suspension; pending hearing.
In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
68 Del. Laws, c. 153, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 482, §  24;  79 Del. Laws, c. 213, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1924. Unlawful practices.

§ 1924. Unlawful practices.
(a) No person shall practice or offer to practice professional, practical, or advanced practice registered nursing or shall represent himself or herself as a registered nurse, practical nurse, or advanced practice registered nurse in this State, or shall use any title, abbreviation, sign, card or device to indicate that such person is a registered nurse, licensed practical nurse, or advanced practice registered nurse, unless such person is licensed under this chapter.
(b) No person, hospital or institution shall conduct or shall offer to conduct a professional or practical nursing education program unless such person, hospital or institution is approved under this chapter.
24 Del. C. 1953, §  1923;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 111, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1925. Penalties.

§ 1925. Penalties.
Whoever shall:
(1) Sell or fraudulently obtain or furnish any nursing diploma, license or renewal, or record of the same, or aid or abet therein; or
(2) Practice professional or practical nursing and/or hold or represent himself or herself as a registered or licensed practical nurse under cover of any diploma, license or record illegally or fraudulently obtained, signed or issued; or
(3) Practice professional or practical nursing unless licensed under this chapter; or
(4) Use, in connection with that person's name any designation tending to imply that the person is a registered or practical nurse, unless licensed under this chapter; or
(5) Practice professional or practical nursing when that person's license is suspended or revoked; or
(6) Conduct a professional or practical nursing education program which has not been approved by the Board; or
(7) Knowingly employ a graduate of a professional or practical nursing program or a registered nurse or a practical nurse to engage in the practice of nursing without a valid temporary permit or license from the Board; or
(8) Violate standards of nursing practice as adopted by the Board;
shall be fined not more than $1,000, or be imprisoned not more than 1 year, or both.
24 Del. C. 1953, §  1924;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 104, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1926. Status of present Board members.

§ 1926. Status of present Board members.
Each member of the Board of Nursing on July 1, 1983, becomes a member of the Board created by this chapter until the expiration of the term which that member was serving on that date. Any vacancy occurring in the membership of the former Board shall be filled in the manner provided in this chapter.
24 Del. C. 1953, §  1925;  54 Del. Laws, c. 153;  64 Del. Laws, c. 26, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1928. Criminal background checks of registered nurses.

§ 1928. Criminal background checks of registered nurses.
An applicant for licensure to practice as a registered nurse shall submit, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:
(1) A report of the individual's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.
(2) A report of the individual's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Nursing shall be the screening point for the receipt of said federal criminal history records.
75 Del. Laws, c. 325, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1929. Criminal background checks of licensed practical nurses.

§ 1929. Criminal background checks of licensed practical nurses.
An applicant for licensure to practice as a licensed practical nurse shall submit, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:
(1) A report of the individual's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.
(2) A report of the individual's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Nursing shall be the screening point for the receipt of said federal criminal history records.
75 Del. Laws, c. 325, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1930. Duty to report conduct that constitutes grounds for discipline or inability to practice [Effective until Dec. 30, 2023].

§ 1930. Duty to report conduct that constitutes grounds for discipline or inability to practice [Effective until Dec. 30, 2023].
(a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare provider's licensing statute.
(b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider may be unable to practice with reasonable skill and safety to the public by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive abuse of drugs, including alcohol.
(c) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
78 Del. Laws, c. 35, §  7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1930. Duty to report conduct that constitutes grounds for discipline or inability to practice [Effective Dec. 30, 2023].

§ 1930. Duty to report conduct that constitutes grounds for discipline or inability to practice [Effective Dec. 30, 2023].
(a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter, or any other health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other health-care provider's licensing statute.
(b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter, or any other health-care provider, may be unable to practice with reasonable skill and safety to the public for any of the following reasons:
(1) Mental illness or mental incompetence.
(2) Physical illness, including deterioration through the aging process or loss of motor skill.
(3) Excessive abuse of drugs, including alcohol.
(c) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
78 Del. Laws, c. 35, §  7;  84 Del. Laws, c. 86, § 5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1930A. Duty to self-report.

§ 1930A. Duty to self-report.
(a) A licensee shall self-report to the Board all of the following:
(1) Any arrest for, or the bringing of an indictment or information charging the licensee with, a crime substantially related to the practice of nursing as defined by the Board in its rules and regulations.
(2) The conviction of the licensee, including any verdict of guilty or plea of guilty or no contest, for any crime substantially related to the practice of nursing as defined by the Board in its rules and regulations.
(b) The report required by this section must be made in writing within 30 days of the date of the arrest, bringing of the indictment or information, or of the conviction.
(c) Failure to make a report required by this section constitutes grounds for discipline under § 1922 of this title.
81 Del. Laws, c. 80, § 10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1931. Treatment or examination of minors.

§ 1931. Treatment or examination of minors.
(a) A parent, guardian or other caretaker, or an adult staff member, shall be present when a person licensed under this chapter provides outpatient treatment to a minor patient who is disrobed or partially disrobed or during an outpatient physical examination involving the breasts, genitalia or rectum, regardless of sex of the licensed person and patient, except when rendering care during an emergency. When using an adult staff member to observe the treatment or examination, the adult staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of a parent, guardian or other caretaker. The minor patient may request private consultation with the licensee without the presence of a third person after the physical examination.
(b) When a minor patient is to be disrobed, partially disrobed or will undergo a physical examination involving the breasts, genitalia or rectum, a person licensed under this chapter shall provide notice to the person providing consent to treatment of the rights under this section. The notice shall be provided in written form or be conspicuously posted in a manner in which minor patients and their parent, guardian or other caretaker are made aware of the notice. In circumstances in which the posting or the provision of the written notice would not convey the right to have a chaperone present, the person licensed shall use another means to ensure that the person understands the right under this section.
(c) For the purposes of this section, “minor” is defined as a person 15 years of age or younger, and “adult staff member” is defined as a person 18 years of age or older who is acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter.
(d) The person licensed under this chapter that provides outpatient treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child's medical record the name of each person present when such treatment is being provided.
79 Del. Laws, c. 169, §  5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1932. Limited lay administration of medications.

§ 1932. Limited lay administration of medications.
(a) Individuals who have successfully completed a board-approved limited lay administration of medications training program may administer prescription or nonprescription medications to patients/residents/clients in the following settings:
(1) Residential child care facilities and day treatment programs regulated by the State under Title 31.
(2) All residential or day services for persons with intellectual disabilities regulated by the State under Chapter 79 of Title 29 and Chapter 11 of Title 16.
(3) Group homes for persons with psychiatric disabilities regulated by the State under Chapter 11 of Title 16 and other community support programs certified by the Division of Substance Abuse and Mental Health.
(4) Assisted living facilities regulated by the State under Chapter 11 of Title 16.
(5) Group homes established for persons with AIDS regulated by the State under Chapter 11 of Title 16.
(b) Medications must be in the original container and properly labeled.
(c) An annual report to the Board of Nursing, on a form developed by the Board of Nursing, must be submitted no later than August 1 of each year indicating compliance with the guidelines as set forth in the approved LLAM training program.
80 Del. Laws, c. 83, §  3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1934. Advanced Practice Registered Nurse Committee.

§ 1934. Advanced Practice Registered Nurse Committee.
(a) The Advanced Practice Registered Nurse Committee's (“Committee”) purpose is to:
(1) Recommend and draft regulations regarding the practice of advance practice registered nurses.
(2)-(4) [Repealed.]
(b) The Committee shall have 9 members, appointed by the Board of Nursing, and consist of the following:
9 advanced practice registered nurses, including 2 certified nurse practitioners, 2 certified registered nurse anesthetists, 2 certified nurse midwives, 2 clinical nurse the specialists, and 1 at-large member from any of the 4 APRN roles. The Committee Chair must be 1 of the APRN members of the Board of Nursing and shall serve a term of 1 year. Subsequent terms may be served as long as the Chair remains a member of the Board of Nursing.
(1)-(4) [Repealed.]
(c) Appointments shall be for 3-year terms, provided that the terms of newly-appointed members will be staggered so that no more than 5 appointments shall expire annually. Members may be appointed for less than 3 years to ensure that members' terms expire on a staggered basis.
(d) A majority of members appointed to the Committee shall constitute a quorum to conduct official business.
(e) A Committee member may be removed at any time for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. A member who is absent from 3 consecutive committee meetings without good cause or who attends less than 50% of committee meetings in a calendar year shall be deemed in neglect of duty.
(f) The Committee shall:
(1) Draft rules and regulations regarding the practice of advance practice registered nurses.
(2) Review emerging practices and advise the Board of Nursing on APRN licensure, the APRN Compact, and practice standards, including prescribing trends, and provide recommendations to the Board of Nursing regarding APRN practice.
(3), (4) [Repealed.]
80 Del. Laws, c. 172, §  3;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 80, § 11;  83 Del. Laws, c. 111, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1935. Advanced Practice Registered Nurse (APRN) — Authority and duties.

§ 1935. Advanced Practice Registered Nurse (APRN) — Authority and duties.
(a) (1) The board of nursing grants full-practice and prescriptive authority upon the issuance of an APRN license.
(2) The Board may, by endorsement, license as an advanced practice registered nurse an applicant who is duly licensed as an advanced practice registered nurse or is entitled to perform similar services under a different title under the laws of another state or a territory of the United States or a foreign country if, in the opinion of the Board, the applicant meets the qualifications specified by its regulations for advanced practice registered nurses in this State.
(b) An APRN licensed by the Board of Nursing has full-practice authority and is authorized within the APRN's role and population foci to:
(1) Prescribe, procure, administer, store, dispense, and furnish over the counter, legend and controlled substances pursuant to applicable state and federal laws and within the APRN's role and population foci.
(2) Plan and initiate a therapeutic regimen within the APRN's role and population foci that includes ordering and prescribing nonpharmacological interventions, including:
a. Medical devices and durable medical equipment, nutrition, blood, and blood products.
b. Diagnostic and supportive services including home health care, hospice, and physical and occupational therapy.
(3) Diagnose, prescribe and institute therapy or referrals of patients within the APRN's role and population foci to health-care agencies, health-care providers and community resources.
(4) Sign death certificates.
(5) Terminate a human pregnancy in accordance with § 1790 of this title.
(c) APRNs shall seek consultation regarding treatment and care of patients as appropriate to patient needs and the APRN's level of expertise and scope of practice.
(d) An APRN may be designated as the primary care provider by an insurer or health-care services corporation.
(e) An APRN shall not be held to any lesser standard of care than that of a physician providing care to a specific patient condition or population.
(f) Any APRN rendering services in person or by electronic means in Delaware must hold an active Delaware RN and APRN license.
(g) [Repealed.]
80 Del. Laws, c. 172, §  3;  81 Del. Laws, c. 80, § 12;  83 Del. Laws, c. 111, § 2;  83 Del. Laws, c. 327, § 2;  84 Del. Laws, c. 233, § 51;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19. NURSING › § 1938. Appointment of a custodian of patient records [Effective Dec. 30, 2023].

§ 1938. Appointment of a custodian of patient records [Effective Dec. 30, 2023].
(a) If the Delaware Board of Nursing receives a formal or informal complaint concerning access to patient records as a result of an APRN's physical or mental incapacity, death, or abandonment or involuntary discontinuation of a medical practice in this State, the Delaware Board of Nursing may temporarily or permanently appoint an individual or entity as custodian of the APRN's patient records after an investigation in accordance with the procedures under § 8735(h) of Title 29.
(b) (1) The custodian of patient records appointed under this section shall notify the APRN's patients of record of the custodian's appointment by doing all of the following:
a. Publishing a notice to that effect in a newspaper of general circulation in the area where the APRN practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian's appointment and must explain how a patient can procure the patient's records.
b. Notifying, by first-class mail, all patients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section that the custodian has been appointed and explaining how the patient can procure the patient's records.
(2) Seven years after being appointed, the custodian may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.
(c) A custodian of patient records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient's records.
84 Del. Laws, c. 86, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19A. Nurse Multistate Licensure Compact › § 1901A. Nurse Multistate Licensure Compact.

§ 1901A. Nurse Multistate Licensure Compact.
The State hereby enters into the Nurse Multistate Licensure Compact (“Compact”) as set forth in this chapter. The text of the Compact is as set forth in this chapter.
Repealed and reenacted by 81 Del. Laws, c. 50, § 1.;