Title 24 — Professions and Occupations

§ 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 …

§ 1910A. Oversight, dispute resolution, and enforcement. (a) Oversight. (1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact’s purposes and intent. (2) The Commission shall be entitled to receive service of proc…

§ 1910B. Oversight, dispute resolution and enforcement [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2]. (a) Oversight. — (1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact’s purposes and intent. (2) …

§ 1911. Licensure by examination for registered nurse [Repealed].24 Del. C. 1953, § 1911; 54 Del. Laws, c. 153; 64 Del. Laws, c. 26, § 1; 70 Del. Laws, c. 482, § 10; repealed by 81 Del. Laws, c. 80, § 4, effective July 17, 2017.;

§ 1911A. Effective date, withdrawal, and amendment. (a) This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by no less than 26 states or December 31, 2018. All party states to this Compact, that also were pa…

§ 1911B. Effective date, withdrawal and amendment [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2]. (a) This Compact shall come into limited effect at such time as this Compact has been enacted into law in 7 party states for the sole purpose of establishing and convening…

§ 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 …

§ 1912A. Construction and severability. This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the const…

§ 1912B. Construction and severability [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2]. This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provisio…

§ 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 licen…

§ 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 …

§ 1915. Licensure by examination for licensed practical nurse [Repealed].24 Del. C. 1953, § 1914; 54 Del. Laws, c. 153; 64 Del. Laws, c. 26, § 1; 70 Del. Laws, c. 482, § 15; repealed by 81 Del. Laws, c. 80, § 7, effective July 17, 2017.;

§ 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 diff…

§ 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 f…

§ 1918. Renewal of license; lapse of license; late renewal; penalties; retirement from practice; temporary permit to practice; inactive status. (a) Every advanced practice registered nurse or registered or licensed practical nurse licensed under this chapter shall reregister bien…

§ 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 …

§ 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 advanc…

§ 1921. Applicability of chapter. (a) This chapter does not apply to the following situations: (1) Nursing services rendered during an epidemic or a state or national disaster; (2) The rendering of assistance by anyone in the case of an emergency; (3) Emergency services rendered …

§ 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…

§ 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 …

§ 1924. Unlawful practices. (a) No person shall practice or offer to practice professional, practical, or advanced practice registered nursing or shall represent oneself as a registered nurse, practical nurse, or advanced practice registered nurse in this State, or shall use any …

§ 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 li…

§ 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 B…

§ 1927. Prescription requirements. An APRN licensed by the Board may prescribe, order, 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 focus…

§ 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 c…

§ 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 indiv…

§ 1930. Duty to report conduct that constitutes grounds for discipline or inability to practice. (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 licen…

§ 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 it…

§ 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 outpatie…

§ 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…

§ 1933. Telemedicine [Repealed].80 Del. Laws, c. 80, § 22; 82 Del. Laws, c. 261, §§ 8, 16; repealed by 83 Del. Laws, c. 52, § 11, effective July 1, 2021.;

§ 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 advanced practice registered nurses. (2)-(4) [Repealed.] (b) The Committee shall…

§ 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 appl…

§ 1936. Collaborative agreements [Repealed].80 Del. Laws, c. 172, § 3; 81 Del. Laws, c. 80, § 13; repealed by 83 Del. Laws, c. 111, § 2, effective Aug. 4, 2021.;

§ 1937. Treatment records; discontinuation of a practice; termination of a patient relationship; death of an advanced practice registered nurse. (a) (1) An APRN licensed under this chapter shall provide notice under this section to all affected patients no less than 30 days befor…

§ 1938. Appointment of a custodian of patient records. (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…

§ 2001A. Interstate Occupational Therapy Licensure Compact. The State hereby enters into the Interstate Occupational Therapy Licensure Compact (“Compact”) as set forth in the chapter. The text of the Compact is as set forth in this chapter.83 Del. Laws, c. 394, § 1;

§ 2002A. Purpose. The purpose of this Compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at th…

§ 2003A. Definitions. As used in this Compact, and except as otherwise provided, the following definitions shall apply: (1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve…

§ 2004A. State participation in the Compact. (a) To participate in the Compact, a member state shall: (1) License occupational therapists and occupational therapy assistants. (2) Participate fully in the Commission’s data system, including but not limited to using the Commission’…

§ 2005A. Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall: (1) Hold a license in the home state. (2) Have a valid United States Social Security number or National Practitioner Identification number. (3) Hav…

§ 2006A. Obtaining a new home state license by virtue of compact privilege. (a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only 1 member state at a time. (b) If an occupationa…

§ 2007A. Active duty military personnel or their spouses. (a) Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the ser…

§ 2008A. Adverse actions. (a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapy assistant’s license issued by the home state. (b) In addition to the other powers conferred by state law, a remote state shal…

§ 2009A. Establishment of the Occupational Therapy Compact Commission. (a) The compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission: (1) The Commission is an instrumentality of the compact states. (2) Venue i…

§ 2010A. Data system. (a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and Investigative Information on all licensed individuals in member states. (b) A member s…

§ 2011A. Rulemaking. (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. rules and amendments shall become binding as of the date specified in each rule or amendment. (b) The Commission shall…

§ 2012A. Oversight, dispute resolution, and enforcement. (a) Oversight. — (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes …

§ 2013A. Date of implementation of the interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment. (a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provi…

§ 2014A. Construction and severability. This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constit…