Del. Code 24, § 1903 : Professions And Occupations — Nursing — Delaware board of nursing - appointments; qualifications; terms of office; vacancies; suspension or removal

  • Date:

Current through 2016 Legislative Session, Act 399

(a) The Delaware Board of Nursing (hereafter referred to as the Board) shall consist of 15 members. The term of office of every member appointed to the Board, except those appointed to fill vacancies occurring during any term of office, is 3 years. The Board shall be composed of 5 registered nurses, 1 licensed practical nurse, 1 nurse at-large which shall be either a registered nurse or licensed practical nurse, 2 advanced practice nurses representing different practice roles, 1 registered nurse educator, and 5 public members.

Registered nurse appointees shall have a diploma or an earned degree in nursing, nursing education or education, and at least 3 years active practice as a registered nurse in nursing service, administration or teaching.

Each practical nurse appointee shall be a licensed practical nurse, who is a graduate of an approved school of practical nursing, with at least 3 years active practice as a practical nurse.

The public members shall be residents of Delaware for a minimum of 3 years, shall be knowledgeable about the health needs of Delaware, but shall not be licensees of any health occupation board, employees of a health care occupational board, employees of a health care facility or agency, or engaged in governance or administration of a health care facility or agency.

(b) The nursing experience referred to in this section shall have been within the last 5 years preceding appointment and said appointee must be currently licensed in Delaware.
(c) The Governor shall appoint all members to the Board of Nursing.
(d) Sixty days prior to the expiration of the term of any member of the Board, a successor shall be appointed by the Governor. A list of at least 3 nominees for each registered nurse vacancy may be furnished to the Governor by the Delaware Nurses' Association and other professional organizations in order to aid the Governor in the appointment of new members of the Board. A list of at least 3 nominees for each licensed practical nurse vacancy may be furnished to the Governor by the Delaware Licensed Practical Nurses' Association and others in the practical nursing community in order to aid the Governor in the appointment of new members of the Board. The Governor shall not be limited to the recommendations of the professional organizations in making appointments of registered or practical nurses to the Board. The Governor shall seek nominees from the consumer population for the public members appointees. Vacancies occurring for any cause other than expiration of term shall be filled by the Governor for the unexpired term as provided in this subsection.
(e) At least 1 of the professional nurse members of the Board shall be a resident of New Castle County, 1 a resident of Kent County and 1 a resident of Sussex County. Licensed practical nurse members shall be representatives of at least 2 counties simultaneously. If there is no qualified person available in the geographical subdivision, then appointments shall be made from qualified persons available in any of the other geographical subdivisions.
(f) Each member shall serve for a term of 3 years, and may successively serve for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member.
(g) A person who has never served on the Board may be appointed to the Board 2 consecutive times, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.
(h) Any act or vote by a person appointed in violation of subsection (g) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (g) of this section, unless such amendment or revision amends this section to permit such an appointment.
(i) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.
(j) No member of the Board shall hold any elective office in, nor be a representative of, any local, state, regional or national nursing association.
(k) The provisions set forth for "employees" in Chapter 58 of Title 29 shall apply to all members of the Board, and to all agents appointed or otherwise employed by the Board.
Del. C. § 1903
Amended by Laws 2013, ch. 368,s 1, eff. 7/29/2014.
24 Del. C. 1953, § 1903; 54 Del. Laws, c. 153; 57 Del. Laws, c. 668, §§ 1, 12, 13; 64 Del. Laws, c. 26, §1; 67 Del. Laws, c. 366, §5; 67 Del. Laws, c. 368, §10; 68 Del. Laws, c. 162, §1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 482, §§ 1, 2; 72 Del. Laws, c. 121, § 1; 77 Del. Laws, c. 420, § 1.;
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