Current through Register Vol. 28, No. 3, September 1, 2024
The Board finds that for purposes of licensing, renewal, reinstatement and discipline, the conviction of any of the following crimes, or of the attempt to commit or a conspiracy to commit or conceal the following crimes or substantially similar crimes in another state or jurisdiction, is deemed to be substantially related to the practice of Nursing in the State of Delaware without regard to the place of conviction:
15.1 For the purposes of this section the following definitions shall apply:
"Conviction" means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a "Robinson" or "Alford" plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4767 of Title 16 (first offenders controlled substances diversion program).
"Jurisdiction" means substantially similar crimes in another state or jurisdiction includes all crimes prohibited by or punishable under Title 18 of the United States Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.
15.2 Any crime which involves the use of physical force or violence toward or upon the person of another and shall include by way of example and not of limitation the following crimes set forth in Title 11 of the Delaware Code Annotated:
Inchoate Crimes
15.2.1
§501 Criminal solicitation in the third degree if the underlying crime is a crime substantially related to the practice of nursing;
15.2.2
§502 Criminal solicitation in the second degree if the underlying crime is a crime substantially related to the practice of nursing;
15.2.3
§503 Criminal solicitation in the first degree if the underlying crime is a crime substantially related to the practice of nursing;
15.2.4
§511 Conspiracy in the third degree if the underlying crime is a crime substantially related to the practice of nursing;
15.2.5
§512 Conspiracy in the second degree if the underlying crime is a crime substantially related to the practice of nursing;
15.2.6
§513 Conspiracy in the first degree if the underlying crime is a crime substantially related to the practice of nursing.
Assaults and Related Offenses
15.2.7
§601 Offensive touching; Class A Misdemeanor
15.2.8
§602 Aggravated Menacing;
15.2.9
§603 Reckless endangering in the second degree;
15.2.10
§604 Reckless endangering in the first degree;
15.2.11
§605 Abuse of a pregnant female in the second degree;
15.2.12
§606 Abuse of a pregnant female in the first degree;
15.2.13
§611 Assault in the third degree;
15.2.14
§612 Assault in the second degree;
15.2.15
§613 Assault in the first degree;
15.2.16
§615 Assault by abuse or neglect;
15.2.17
§621 Terroristic threatening;
15.2.18
§625 Unlawfully administering drugs;
15.2.19
§626 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;
15.2.20
§627 Prohibited acts as to substances releasing vapors or fumes;
15.2.21
§629 Vehicular assault in the first degree;
15.2.22
§630 Vehicular homicide in the second degree;
15.2.23
§630A Vehicular homicide in the first degree;
15.2.24
§631 Criminally negligent homicide;
15.2.25
§632 Manslaughter;
15.2.26
§633 Murder by abuse or neglect in the second degree;
15.2.27
§634 Murder by abuse or neglect in the first degree;
15.2.28
§635 Murder in the second degree;
15.2.29
§636 Murder in the first degree;
15.2.30
§645 Promoting suicide.
Sexual Offenses
15.2.31
§763 Sexual harassment;
15.2.32
§764 Indecent exposure in the second degree;
15.2.33
§765 Indecent exposure in the first degree;
15.2.34
§766 Incest;
15.2.35
§767 Unlawful sexual contact in the third degree;
15.2.36
§768 Unlawful sexual contact in the second degree;
15.2.37
§769 Unlawful sexual contact in the first degree;
15.2.38
§770 Rape in the fourth degree;
15.2.39
§771 Rape in the third degree;
15.2.40
§772 Rape in the second degree;
15.2.41
§773 Rape in the first degree;
15.2.42
§774 Sexual extortion;
15.2.43
§776 Continuous sexual abuse of a child;
15.2.44
§780 Female genital mutilation;
15.2.45
§780A Sexual intercourse or penetration with a person in custody;
15.2.46
§1780B Unlawful sexual contact with a person in custody.
Kidnapping and Related Offenses
15.2.47
§781 Unlawful imprisonment in the second degree;
15.2.48
§782 Unlawful imprisonment in the first degree;
15.2.49
§783 Kidnapping in the second degree;
15.2.50
§783A Kidnapping in the first degree;
15.2.51
§785 Interference with custody;
15.2.52
§787 Trafficking an individual, forced labor and sexual servitude.
Coercion
15.2.53
§791 Acts constituting coercion;
15.3 Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
Arson and Related Offenses
15.3.1
§801 Arson in the third degree;
15.3.2
§802 Arson in the second degree;
15.3.3
§803 Arson in the first degree;
15.3.4
§804 Reckless burning or exploding;
15.3.5
§811 Criminal mischief, Felony.
15.3.6
§820 Trespassing with intent to peer or peep into a window or door of another;
15.3.7
§824 Burglary in the third degree;
15.3.8
§825 Burglary in the second degree;
15.3.9
§826 Burglary in the first degree;
15.3.10
§828 Possession of burglar's tools or instruments facilitating theft;
Robbery
15.3.11
§831 Robbery in the second degree;
15.3.12
§832 Robbery in the first degree.
15.3.13
§835 Carjacking in the second degree;
15.3.14
§836 Carjacking in the first degree;
Theft and Related Offenses
15.3.15
§840 Shoplifting;
15.3.16
§841 Theft;
15.3.17
§843 Theft; false pretense.
15.3.18
§844 Theft; false promise.
15.3.19
§845 Theft of services.
15.3.20
§846 Extortion;
15.3.21
§851 Receiving stolen property;
15.3.22
§854 Identity theft;
15.3.23 860 Possession of shoplifter's tools or instruments facilitating theft;
Forgery and Related Offenses
15.3.24
§861 Forgery
15.3.25
§862 Possession of forgery devices;
Offenses Involving Falsification of Records
15.3.26
§871 Falsifying business records;
15.3.27
§876 Tampering with public records in the first degree;
15.3.28
§877 Offering a false instrument for filing;
15.3.29
§878 Issuing a false certificate;
Bribery Not Involving Public Servants
15.3.30
§881 Bribery;
15.3.31
§882 Bribe receiving;
Frauds on Creditors
15.3.32
§891 Defrauding secured creditors;
15.3.33
§892 Fraud in insolvency;
Other Frauds and Cheats
15.3.34
§900 Issuing a bad check; Felony.
15.3.35
§903 Unlawful use of payment card; Felony.
15.3.36
§903 A Re-encoder and scanning devices;
15.3.37
§906 Deceptive business practices;
15.3.38
§907A Criminal impersonation, accident related;
15.3.39
§907B Criminal impersonation of a police officer, fire fighter, emergency medical technician (EMT), paramedic or fire police;
15.3.40
§908 Unlawfully concealing a will;
15.3.41
§913 Insurance fraud;
15.3.42
§913A Health care fraud;
15.4 Any crime which involves misuse or abuse of children or animals and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
Child Welfare; Sexual Offenses, Animal Offenses
15.4.1
§1100A Dealing in children;
15.4.2
§1101 Abandonment of child;
15.4.3
§1102 Endangering the welfare of a child;
15.4.4
§1103 Child abuse in the third degree;
15.4.5
§1103A Child abuse in the second degree;
15.4.6
§1103B Child abuse in the first degree;
15.4.7
§1105 Crime against a vulnerable adult;
15.4.8
§1106 Unlawfully dealing with a child;
15.4.9
§1107 Endangering children;
15.4.10
§1108 Sexual exploitation of a child;
15.4.11
§1109 Dealing in child pornography;
15.4.12
§1111 Possession of child pornography;
15.4.13
§1112 Sexual offenders; prohibitions from school zones.
15.4.14
§1112A Sexual solicitation of a child;
15.4.15
§1112B Promoting sexual solicitation of a child;
15.4.16
§1112C Enticement for purposes of sexual contact;
15.4.17
§1113 Criminal non-support and aggravated criminal non-support.
15.4.18
§1325 Cruelty to animals;
15.4.19
§1326 Animals; fighting and baiting prohibited;
15.4.20
§1327 Maintaining a dangerous animal;
15.5 Any crime which involves offenses against the public order the commission of which may tend to bring discredit upon the profession and which are thus substantially related to one's fitness to practice such profession and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
Bribery and Improper Influence
15.5.1
§1201 Bribery;
15.5.2
§1203 Receiving a bribe;
15.5.3
§1207 Improper influence;
15.5.4
§1211 Official misconduct
15.5.5
§1212 Profiteering
Perjury and related offenses
15.5.6
§1222 Perjury in the second degree;
15.5.7
§1223 Perjury in the first degree;
15.5.8
§1233 Making a false written statement;
15.5.9
§1239 Wearing a disguise during commission of a felony
15.5.10
§1240 Terroristic threatening of public officials or public servants
15.5.11
§1243 Obstructing fire-fighting operations;
15.5.12
§1244 Hindering prosecution;
15.5.13
§1245 Falsely reporting an incident;
15.5.14
§1249 Abetting the violation of driver's license restrictions;
15.5.15
§1250 Offenses against law-enforcement animals;
15.5.16
§1253 Escape after conviction;
15.5.17
§1254 Assault in a detention facility;
15.5.18
§1256 Promoting prison contraband;
15.5.19
§1257 Resisting arrest with force or violence; Felony
15.5.20
§1257A Use of an animal to avoid capture;
15.5.21
§1259 Sexual relations in detention facility;
Offenses Relating to Judicial and Similar Proceedings
15.5.22
§1261 Bribing a witness;
15.5.23
§1262 Bribe receiving by a witness;
15.5.24
§1263 Tampering with a witness;
15.5.25
§1263A Interfering with child witness;
15.5.26
§1264 Bribing a juror;
15.5.27
§1265 Bribe receiving by a juror;
15.5.28
§1266 Tampering with a juror;
15.5.29
§1267 Misconduct by a juror;
15.5.30
§1269 Tampering with physical evidence;
15.5.31
§1271 Criminal contempt;
15.5.32
§1271A Criminal contempt of a domestic violence protective order;
15.5.33
§1273 Unlawful grand jury disclosure;
15.6 Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals.
Disorderly Conduct and Related Offenses
15.6.1
§1302 Riot;
15.6.2
§1304 Hate crimes;
15.6.3
§1311 Harassment;
15.6.4
§1312 Stalking;
15.6.5
§1313 Malicious interference with emergency communications;
15.6.6
§1335 Violation of privacy;
15.6.7
§1338 Bombs, incendiary devices, Molotov cocktails and explosive devices;
15.6.8
§1339 Adulteration;
15.6.9
§1340 Desecration of burial place.
Offenses Involving Public Indecency
15.6.10
§1351 Promoting prostitution in the third degree;
15.6.11
§1352 Promoting prostitution in the second degree;
15.6.12
§1353 Promoting prostitution in the first degree;
Obscenity
15.6.13
§1361 Obscenity; acts constituting;
15.6.14
§1365 Obscene literature harmful to minors
15.7 Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment and shall include by way of example and not of limitation the following crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated:
15.7.1
§4752 Drug Dealing - Aggravated Possession, Class B Felony;
15.7.2
§4753 Drug Dealing - Aggravated Possession, Class C Felony.
15.7.3
§4754 Drug Dealing - Aggravated Possession, Class D Felony;
15.7.4
§4755 Drug Dealing - Aggravated Possession, Class E Felony;
15.7.5
§4756 Drug Dealing - Aggravated Possession, Class F Felony;
15.7.6
§4757 Miscellaneous Drug Crimes;
15.7.7
§4758 Unlawful dealing in a counterfeit or purported controlled substance.
15.7.8
§4761 Illegal possession and delivery of noncontrolled prescription drugs;
15.7.9
§4762 Hypodermic syringe or needle; delivering or possessing; disposal; exceptions;
15.7.10
§4771 Drug paraphernalia;
15.7.11
§4798 Misuse of the Prescription Monitoring Program
15.8 Any crime which involves the misuse or illegal possession or sale of a deadly weapon or dangerous instrument and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
Offenses Involving Deadly Weapons and Dangerous Instruments
15.8.1
§1442 Carrying a concealed deadly weapon;
15.8.2
§1443 Carrying a concealed dangerous instrument;
15.8.3
§1444 Possessing a destructive weapon;
15.8.4
§1447 Possession of a deadly weapon during commission of a felony;
15.8.5
§1447A Possession of a firearm during commission of a felony;
15.8.6
§1448 Possession and purchase of deadly weapons by persons prohibited;
15.8.7
§1448A Criminal history record checks for sales of firearms
15.8.8
§1449 Wearing body armor during commission of felony;
15.8.9
§1450 Receiving a stolen firearm;
15.8.10
§1451 Theft of a firearm;
15.8.11
§1454 Giving a firearm to person prohibited;
15.8.12
§1455 Engaging in a firearms transaction on behalf of another;
15.8.13
§1456 Unlawfully permitting a minor access to a firearm;
15.8.14
§1457 Possession of a weapon in a Safe School and Recreation Zone;
15.8.15
§1458 Removing a firearm from the possession of a law enforcement officer;
15.8.16
§1459 Possession of a weapon with a removed, obliterated or altered serial number;
15.8.17
§1460 Possession of a firearm while under the influence;
15.8.18
§1462 Covert or undetectable firearms;
15.8.19
§1463 Untraceable firearms.
15.8.20
§1471 Prohibited Acts
Offenses Involving Organized Crime and Racketeering
15.8.21
§1504 Criminal Penalties
15.8.22
§3532 Acts of Intimidation: Class D felony
15.8.23
§3533 Aggravated act of intimidation, Class B felony
Other Crimes
15.8.24 Title 16 §1136 Violations - neglect or abuse of patient or resident of nursing facilities
15.8.25 Title 21 §4177 Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties, Felony
Title 7, Conservation
15.8.26
§1717 Unauthorized Acts against a Service Guide or Seeing Eye Dog (class D felony) (former)
Title 23, Navigation and Waters
15.8.27
§2303 Operation of a Vessel or Boat while under the Influence of Intoxicating Liquor and/or Drugs (Class G Felony)
Title 24, Professions and Occupations Deadly Weapons Dealers
15.8.28
§903 Sale to Persons under 21 or Intoxicated Persons (unclassified misdemeanor)
15.9 Any crime which is a violation of Title 24, Chapter 19 (Nurse Practices Act) as it may be amended from time to time.
15.9.1 The license of any nurse convicted of a felony sexual offense will be automatically revoked. Applicants for licensure who have a conviction of a felony sexual offense are not eligible for licensure and a waiver will not be granted.
15.10 The Board reserves the jurisdiction and authority to modify this regulation as and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del.C. §
10119 to address imminent peril to the public health, safety or welfare. The Board also specifically reserves the jurisdiction to review any crime committed by an applicant for licensure with regard to the temporal proximity of the crime or the conviction to the application and to determine whether the period of time involved has been so long as to negate any reasonable conclusion or determination that the crime for which the individual was convicted has a direct bearing on the individual's fitness or ability to perform one or more of the duties and responsibilities necessarily related to nursing or to otherwise determine that sufficient restitution has been made for the offense committed.
