Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
1900 - Board of Nursing
Section 1900-10.0 - Disciplinary Proceedings
Universal Citation: 24 DE Admin Code 1900-10.0
Current through Register Vol. 28, No. 3, September 1, 2024
10.1 Unprofessional Conduct Defined
10.1.1 Nurses whose behavior fails to conform to legal and accepted standards of the nursing profession and who thus may adversely affect the health and welfare of the public may be found guilty of unprofessional conduct.
10.1.2 Unprofessional conduct shall include but is not limited to the following:
10.1.2.1 Performing acts beyond the authorized scope of the level of nursing practice for which the individual is licensed.
10.1.2.2 Assuming duties and responsibilities within the practice of nursing without adequate preparation, or without maintenance of competency.
10.1.2.3 Performing new nursing techniques or procedures without education and practice.
10.1.2.4 Inaccurately recording, falsifying or altering a patient or agency record related to patient care, employment, or licensure.
10.1.2.5 Committing or threatening violence, verbal or physical abuse of patients or co-workers or the public.
10.1.2.6 Violating professional boundaries of the nurse-patient relationship including but not limited to physical, sexual, emotional or financial exploitation of the patient or patient's significant others.
10.1.2.7 Engaging in sexual conduct with a patient, touching a patient in a sexual manner, requesting or offering sexual favors, or language or behavior suggestive of the same.
10.1.2.8 Assigning unlicensed persons to perform the practice of licensed nurses.
10.1.2.9 Delegating nursing practice to unqualified persons.
10.1.2.10 Failing to supervise persons to whom nursing practice has been delegated.
10.1.2.11 Leaving a patient assignment except in documented emergency situations.
10.1.2.12 Failing to safeguard a patient's dignity and right to privacy in providing services.
10.1.2.13 Violating the confidentiality of information concerning a patient.
10.1.2.14 Failing to take appropriate action to safeguard a patient from incompetent, unethical or illegal health care practice.
10.1.2.15 Practicing nursing when unfit to perform procedures and make decisions in accordance with the license held because of physical or mental impairment or dependence on alcohol or drugs.
10.1.2.16 Diverting or misappropriating monies, drugs, supplies or property of a patient agency or governmental program.
10.1.2.17 Diverting, possessing, obtaining, supplying or administering illegal drugs or prescription drugs to any person, including self, except, in the case of prescription drugs, as directed by a person authorized by law to prescribe drugs.
10.1.2.18 Practicing professional or practical nursing with an expired license.
10.1.2.19 Practicing as an Advanced Practice Registered Nurse with an expired license.
10.1.2.20 Practicing advanced practice, professional or practical nursing in this state without an active Delaware license or temporary permit or a privilege to practice under the Nurse Licensure Compact.
10.1.2.21 Allowing another person to use the licensee's nursing license or temporary permit.
10.1.2.22 Aiding, abetting or assisting an individual to violate or circumvent any law or duly promulgated rule and regulation intended to guide the conduct of a nurse or other health care provider.
10.1.2.23 Committing fraud, misrepresentation or deceit in taking NCLEX-RN or PN, or in obtaining a license, temporary permit or advanced practice license.
10.1.2.24 Disclosing the contents of the licensing examination or soliciting, accepting or compiling information regarding the examination before, during or after its administration.
10.1.2.25 Failing to report unprofessional conduct by another licensee.
10.1.2.26 Failing to comply with the requirements for mandatory continuing education, unless exempt.
10.1.2.27 Failing to take appropriate action or to follow policies and procedures in the practice situation designed to safeguard the patient.
10.1.2.28 Failing to comply with the terms and conditions set out in a disciplinary action of the Board.
10.1.2.29 Failing to practice without discrimination as to age, race, religion, sex, sexual orientation, national origin, gender identity or expression, or disability.
10.2 Reissuance of License Following Disciplinary Action. Upon application made by the licensee, a suspended or probated license may be reissued or reinstated in accordance with conditions that the Board may apply, after the imposed period of discipline has concluded and after evidence is presented to satisfy the Board that the condition that lead to the disciplinary action has been corrected.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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