The Delaware Board of Nursing (simply referred to as “the Board” going forward) is responsible for licensing nurses in the state. The Delaware Nurse Practice Act (NPA) is the Delaware law granting the Board its powers.
Even if you're not a Board member, if you're licensed to practice any form of nursing in Delaware, familiarizing yourself with the NPA is wise. The Delaware NPA also grants the Board the authority to take disciplinary action against the licenses of nurses who engage in certain violations. Knowing what those violations are can potentially help a Delaware nurse avoid the kinds of trouble that may otherwise jeopardize their privilege to practice nursing.
If you've been accused of a violation, our attorneys at the Lento Law Firm Professional License Defense Team are available to offer Delaware nurse license defense services. Find out more about how we can assist with your case by submitting your information via our online contact form or calling us at 888-535-3686 today.
The Delaware Nurse Practice Act Grants the Delaware Board of Nursing its Powers
The Delaware NPA grants the Board numerous powers and authorities. This includes the power to license nurses (and deny license applications), approve nursing education programs, and take disciplinary action against nurses who violate the law or any of the Board's applicable rules.
The law also establishes the scope of practice and overall standards for different types of nurses in the state. Operating outside of the recognized standards could cause a nurse to face disciplinary action which may limit their ability to practice.
Reasons the Board May Take Disciplinary Action Against a Nurse Under the Delaware Nurse Practice Act
Under the Delaware NPA, the Board may take disciplinary action against the license of a nurse who engages in unprofessional conduct. The Delaware NPA defines unprofessional conduct as any of the following:
- Performing nursing acts outside the scope of practice for the level of nursing one is licensed to practice
- Assuming duties, tasks, responsibilities, etc., that may technically be within one's scope of practice, but for which one is nevertheless unprepared, unqualified, incompetent, etc.
- Attempting to perform new nursing techniques without receiving the proper education/training, or without sufficient practice
- Making false reports in patient, licensure, or employment records
- Committing or threatening violence or verbal abuse against patients, coworkers, or members of the public
- Failing to maintain professional boundaries within the nurse-patient relationship
- Engaging in sexual conduct with patients, inappropriate sexual touching of patients, requesting sexual favors, offering sexual favors, or using language that's sexually suggestive
- Assigning tasks to unlicensed individuals or parties when a licensed nurse should perform said tasks
- Delegating nursing practice tasks, responsibilities, etc., to individuals or parties not qualified to handle them
- Delegating nursing tasks but not properly supervising the parties to whom these tasks have been delegated
- Abandoning a patient assignment (although this may be permitted in emergency situations involving sufficient documentation)
- Not sufficiently safeguarding a patient's right to privacy and dignity
- Sharing a patient's confidential information (although there are situations when this is sometimes acceptable, such as when sharing such information is necessary to comply with a legal investigation)
- Not taking proper steps to protect a patient from incompetent or otherwise potentially harmful health care practices
- Practicing nursing when one is unfit to do so because of a physical impairment, mental impairment, or drug/alcohol issue
- Diverting/misappropriating drugs, money, etc.
- Practicing nursing with an expired license
- Practicing nursing without a license, temporary permit, or other relevant permission under the Nurse Licensure Compact
- Letting someone else use one's nursing license or permit
- Aiding/abetting/assisting someone in breaking any law or rule meant to address the conduct of a nurse or other health care professional
- Engaging in fraud/misrepresentation/deceit when obtaining a nursing license and/or when taking the exam to receive a nursing license in Delaware
- Sharing information (or accepting information) about the contents of the nurse licensing exam before the date it is held
- Being aware of another nurse's unprofessional conduct but failing to report it accordingly
- Unless an exemption applies, failing to comply with the Delaware NPA's requirements for mandatory continuing education for nurses
- Generally failing to take necessary action or follow relevant procedures in situations when taking certain actions is necessary to safeguard the well-being of a patient
- Failing to comply with Board orders when it takes disciplinary action against one's license
- Engaging in any form of illegal discrimination in one's nursing practice
If you've been accused of any of the above, our Professional License Defense Team at the Lento Law Firm can assist you throughout all stages of a Board investigation.
The Board Can Discipline Nurses Convicted of Certain Crimes Under the Delaware NPA
The Delaware NPA also grants the Board the authority to discipline a nurse who has been convicted of a crime that substantially relates to the practice of nursing. Under the Delaware NPA, the Board can also take disciplinary action when a nurse attempts to commit such a crime, participates in a conspiracy to commit such a crime, tries to conceal the commission of such a crime, etc.
Per the NPA, types of crimes that are substantially related to the practice of nursing are:
- Crimes involving the use of physical force or violence: Examples of crimes that fall into this category include offensive touching, reckless endangerment, assault, vehicular manslaughter, murder, sexual offenses, and kidnapping.
- Crimes involving fraud, dishonesty, or aberrant behavior: Examples include (but aren't limited to) burglary, robbery, carjacking, theft, arson, extortion, forgery, offenses involving falsification of records, bribery, and various forms of fraud.
- Crimes involving the misuse or abuse of children or animals: Examples include endangering the welfare of a child, child abuse, sexual exploitation of a child, endangering children, cruelty to animals, and more.
- Crimes which could discredit the profession of nursing: These are crimes that, should it be known, a nurse engaged in them might harm the public's perception of nurses in Delaware. Examples of such crimes include receiving a bribe, improper influence, perjury, making false written statements, bribing witnesses/jurors/others involved in a criminal case, etc.
- Crimes which involve offenses against decency or public health orders: Similar to the above, these are also considered crimes that may discredit the practice of nursing in the state. Examples include hate crimes, stalking, harassment, violation of privacy, and obscenity.
- Crimes involving the illegal possession and/or abuse/misuse of narcotics or other addictive substances: Examples include drug dealing, illegal possession and delivery of noncontrolled prescription drugs, and various other miscellaneous drug crimes.
- Crimes involving the abuse, misuse, or illegal possession of a deadly weapon or other dangerous instrument: Examples include carrying a concealed deadly weapon, possessing a destructive weapon, possession of a firearm in the commission of a felony, theft of a firearm, offenses involving organized crime and racketeering, etc.
The Delaware NPA also states the Board shall automatically revoke the license of any nurse convicted of a felony sexual offense. For the purposes of the Delaware NPA, a conviction can also mean entering a guilty plea, entering a plea of nolo contendere, etc.
It's true that hiring a criminal defense lawyer when you've been charged with a crime is a wise idea. However, if a criminal conviction or arrest results in Board action, it's important to understand that your criminal defense attorney likely isn't familiar with Board processes. As such, they may lack the experience and qualifications necessary to provide the right type of defense services for your case.
That's not something you need to worry about when you enlist the help of the Lento Law Firm Professional License Defense Team. We exclusively work with professionals in Delaware who are facing licensing issues. We're prepared to offer a quality defense tailored to your unique circumstances when a criminal matter leads to a Board investigation.
The Delaware Nurse Practice Act Establishes Standards of Practice for Registered and Licensed Practical Nurses
Under the Delaware NPA, the standards of practice, competencies, and responsibilities for the Registered Nurse (RN) and Licensed Practical Nurse (LPN) are as follows:
- Having knowledge of the statutes related to nursing and practicing within those statutes
- Accepting responsibility for competent nursing practice
- Functioning as a health team member who may consult or coordinate with other agencies or professionals in an effort to optimize health outcomes for patients
- Helping formulate and implement evaluation of objectives and policies in one's employment setting
- Participating in peer review to assist with the evaluation of nurses
- Reporting unsafe nursing practices to the Board
- Reporting unsafe practice conditions to the relevant legal authorities when applicable
- Practicing without engaging in illegal discrimination
- Respecting the rights and dignity of all patients, regardless of social class or other such factors
- Respecting a patient's right to privacy, unless a law requires one to disclose certain patient information
- Respecting the property of patients, their families, and their romantic partners
- When appropriate, teaching safe practice to other health care workers
- Performing laboratory point-of-care testing that qualifies as “waived and moderately complex” if one has received the proper training and/or education
- Possessing the necessary specialized skills and knowledge if one performs any specialized procedures
The NPA also establishes the following standards that apply specifically to RNs:
- Conducting and documenting assessments in accordance with the established nursing process
- Collecting various forms of objective and subjective data through various means
- Evaluating data
- Developing strategies for patient care based on the nursing process
- Identifying ways to improve overall patient comfort and wellbeing
- Offering limited health counseling services
Understanding the standards of care that relate to your specific type of nursing is critical. If you've been accused of violating any of these standards, our Professional License Defense Team at the Lento Law Firm can help you guard against unreasonable disciplinary action against your nursing license.
Rules and Regulations for Advanced Practice Registered Nurses Under the Delaware Nurse Practice Act
The Delaware NPA distinguishes Advanced Practice Registered Nurses (APRNs) from other types of nurses by defining the unique standards that apply to them.
Specifically, the Delaware NPA states that an APRN shall:
- Practice within standards established by the Board and any national professional nursing associations the Board recognizes
- Operate within a framework of standards designed to help the APRN evaluate practice
- Apply professional knowledge and competency to initiate clinical treatments for patients when the APRN may be their primary care provider
- When an APRN is certified to practice in an area of specialization, be responsible for operating within the relevant professional scope
- Perform various generic functions of an APRN, such as getting health histories and interpreting laboratory test data
- Assigning and supervising medication administration to a medical assistant when said medical assistant has the proper experience/qualifications
- Retain responsibility for the actions of a medical assistant to whom a physician delegates tasks if the organizational policy is such that an APRN is responsible for supervising this assistant
Understanding these standards is one thing. Consistently applying them is something else. Even if you genuinely strive to adhere to the standards, it's possible someone may accuse you of a violation.
This could be because they erroneously assumed you violated a standard or rule, or maybe an actual violation occurred, but it was a minor incident, and you've taken steps to ensure similar violations don't occur in the future.
Regardless, take the matter seriously if you're an APRN facing potential Board disciplinary action. The Lento Law Firm Professional License Defense Team is available now to safeguard your career.
Get Help With a Case Involving an Alleged Violation of the Delaware Nurse Practice Act
We treat every client like an individual at the Lento Law Firm Professional License Defense Team. Because of this, the specific way we handle your case will depend on its unique details. That said, the following are general ways we can help you when you've been accused of violating the NPA:
- Reviewing your case and explaining the nature of the allegations
- Representing you in all correspondence with the Board (as well as interviews, hearings, etc.)
- Challenging the evidence against you, and when necessary, investigating and gathering evidence to support your side of the story
- Presenting mitigating factors to show why the Board should consider leniency
- Negotiating with the Board to discuss potential alternatives to disciplinary action
Our attorneys know the Delaware NPA in and out. They apply this knowledge to offer the representation you deserve when you need Delaware nurse license defense services. Let us get started on your case today by submitting your information online or calling our offices at 888-535-3686.
