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2012 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 19. NURSING
§ 1923. Temporary suspension; pending hearing.

Universal Citation:
24 DE Code § 1923 (2012 through 146th Gen Ass)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(a) In the event the Board receives a written complaint concerning a licensee's activities which the Board determines alleges matters presenting an immediate or imminent danger to the public health, welfare and safety requiring emergency action, the Board may issue an order temporarily suspending the licensee's license, pending a final hearing on the complaint. No order temporarily suspending a license shall be issued by the Board, with less than 24 hours prior written or oral notice to the nurse or the nurse's attorney so that the nurse or the nurse's attorney may be heard in opposition to the proposed suspension and unless at least a quorum of the Board votes in favor of a temporary suspension. An order of temporary suspension under this section shall remain in effect for a period not longer than 60 days from the date of the issuance of said order, unless the suspended nurse requests a continuance of the date for the final hearing before the Board. If a continuance is requested, the order of temporary suspension shall remain in effect until the Board has rendered a decision after the final hearing.

(b) The licensee, whose license has been temporarily suspended shall be notified forthwith in writing. Notification shall consist of a copy of the complaint and the order of temporary suspension pending a hearing and shall be personally served upon the licensee or sent by certified mail, return receipt requested, to the licensee's last known address.

(c) A licensee 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 licensee's request for an expedited hearing within 5 calendar days from the date on which the licensee received notification of the Board's decision to temporarily suspend the licensee's license.

(d) As soon as possible, but in no event later than 60 days after the issuance of the order of temporary suspension, the Board shall convene for a hearing on the complaint. In the event that a licensee, in a timely manner, requests an expedited hearing, the Board shall convene within 15 days of the receipt by the Board of such a request and shall render a decision within 30 days.

(e) In no event shall an order of temporary suspension remain in effect for longer than 60 days unless the suspended licensee requests an extension of the order of temporary suspension pending a final decision of the Board. Upon a final decision of the Board, the order of temporary suspension shall be vacated in favor of the disciplinary action ordered by the Board.

68 Del. Laws, c. 153, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 482, § 24.;

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