2012 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 19. NURSING
§ 1906. Delaware Board of Nursing -- Powers and duties.

(a) The Board shall:

(1) Adopt and, from time to time, revise such rules and regulations and standards not inconsistent with the law as may be necessary to enable it to carry into effect this chapter;

(2) Approve curricula and develop criteria and standards for evaluating educational programs preparing persons for license under this chapter;

(3) Provide for surveys of such programs at such times as it may deem necessary;

(4) Approve such programs as meet the requirements of this chapter and of the Board;

(5) Deny or withdraw approval from educational programs for failure to meet approved curricula or other criteria;

(6) Examine, license and renew licenses of duly qualified applicants, including applicants for conducting nursing educational programs and shall also prescribe the procedures for subsequent examinations of applicants who fail an examination;

(7) Establish categories of advanced practice nurses which shall include, but not be limited to, pediatric nurse practitioner, family nurse practitioner, maternal-gynecological nurse practitioner, clinical specialist in psychiatric-mental health nursing, nurse anesthetist and gerontological nurse practitioner and standards for the advanced practice nurse in each category. Such standards shall take into account the type of advanced levels of nursing practice which are or may be performed and the clinical and didactic education, experience or both needed to practice safely at those levels. In setting such standards, the Board shall consult with advanced practice nurses and physicians and health care organizations utilizing advanced practice nurses. The standards shall be consistent with the national certifying organization standards of practice recognized by the Board in its rules and regulations;

(8) Issue a temporary permit to practice nursing to applicants who apply for licensure by endorsement and to new graduates awaiting results of the first licensing examination;

(9) Conduct hearings upon charges calling for discipline of a licensee or revocation of a license;

(10) Have the power to issue subpoenas and compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings;

(11) Cause the prosecution of all persons violating this chapter and have the power to incur such necessary expenses therefor;

(12) Keep a record of all its proceedings;

(13) Make an annual report to the Governor;

(14) Have all of the duties, powers and authority necessary to the enforcement of this chapter, as well as such other duties, powers and authority as it may be granted from time to time by appropriate statute;

(15) Appoint advisory committees as the Board deems desirable;

(16) Maintain a system of statistics related to nursing education programs and registered nurse and licensed practical nurse licensure in the State;

(17) Participate in and pay fees to the national organization of state boards of nursing, the National Council of State Boards of Nursing, Inc.;

(18) By regulation, establish requirements for mandatory continuing education;

(19) Create a regulatory committee entitled "Joint Practice Committee" to develop rules and regulations regarding the independent practice and prescriptive authority of "advance practice nurses." The Committee shall consist of 9 members and shall be as follows:

a. The Board of Nursing shall appoint 1 public member and 5 advanced practice nurses.

b. The Board of Pharmacy shall appoint 1 pharmacist.

c. The Board of Medical Licensure and Discipline shall appoint 2 physicians;

(20) The "Joint Practice Committee" with the approval of the Board of Medical Licensure and Discipline shall have the authority to grant, restrict, suspend or revoke practice or independent prescriptive authority and the Joint Practice Committee with the approval of the Board of Medical Licensure and Discipline shall be responsible for promulgating rules and regulations to implement the provisions of this chapter regarding "advanced practice nurses" who have been granted authority for independent practice and/or independent prescriptive authority;

(21) The rules and regulations and the granting, restricting, suspension or revocation of the independent practice and/or independent prescriptive authority shall be subject to the approval of the Board of Medical Licensure and Discipline.

(b) The Board of Nursing shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of nursing.

24 Del. C. 1953, § 1906; 54 Del. Laws, c. 153; 64 Del. Laws, c. 26, § 1; 65 Del. Laws, c. 380, § 2; 67 Del. Laws, c. 10, § 1; 67 Del. Laws, c. 144, § 3; 69 Del. Laws, c. 319, §§ 8, 9; 70 Del. Laws, c. 482, §§ 4, 26; 74 Del. Laws, c. 262, § 35; 77 Del. Laws, c. 319, § 1.;