Delaware Nurse Practice Act: Facility Guide

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Written by Katherine Zheng, PhD, BSN Content Writer, IntelyCare
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Reviewed by Aldo Zilli, Esq. Senior Manager, B2B Content, IntelyCare
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Nurses are the backbone of any healthcare team, currently making up the largest workforce in the industry. With over 100 different specialties and roles that nurses can choose to work in, state-by-state laws are essential for regulating nursing education, training, and practice. In Delaware, Nurse Practice Act (NPA) provisions serve as the regulatory guidelines that all nursing professionals must follow in order to meet the highest standards of care.

At the institutional level, facility leaders must also enforce these guidelines in order to keep patients safe and avoid legal repercussions. In this article, we’ll summarize key components of the Delaware NPA and share tips on how to help your nursing staff comply with state laws.

Delaware State Nursing Practice Act at a Glance

The Delaware Board of Nursing (BON) is responsible for enforcing rules and regulations under the NPA. These laws establish professional standards, scope of practice guidelines, and credentialing requirements for the following types of nursing professionals:

  • Licensed Practical Nurses (LPNs)
  • Registered Nurses (RNs)
  • Advanced Practice Registered Nurses (APRNs)

These guidelines ensure that all nursing professionals in the state are held to consistent standards. It’s important for facility leaders to familiarize themselves with the Delaware NPA in order to support safe and competent nursing practice. To help you promote compliance at your facility, we’ll outline key components of the act below.

Delaware Nurse Practice Act Summary
Legal Authorities Delaware Code, Title 24, Chapter 19:

Delaware Administrative Code, Title 24:

Nursing Licensure Requirements To obtain an LPN or RN license in Delaware, applicants must get licensed either by examination or endorsement.

Steps to receive licensure by examination:

  1. Complete an accredited nursing program.
  2. Pass the NCLEX exam.
  3. Complete a background check.
  4. Submit an online application to the BON.

Steps to receive licensure by endorsement:

  1. Meet at least one of the BON’s practice requirements (graduate from accredited program within the last 2 years; obtain at least 1000 practice hourse within the past 5 years; obtain at least 400 practice hours within the past 2 years; complete a Board-approved refresher program).
  2. Meet all continuing education requirements (30 hours for RNs; 24 hours for LPNs)
  3. Verify original license using NURSYS.
  4. Complete a background check.
  5. Submit an online application to the board of nursing.

More information about license renewal processes can be found on the Delaware BON website.

Scope of Practice Guidelines The RN, LPN, and APRN scopes of practice are broadly defined in section 1900-7.0.

The RN scope of practice includes:

  • Conducting and documenting nursing assessments.
  • Establishing and documenting nursing diagnoses.
  • Developing strategies of care based on the nursing process.
  • Evaluating outcomes related to the patient, family, or care team.
  • Delegating tasks as appropriate.

The LPN scope of practice more generally involves contributing to the nursing care process under the direction of an RN. Specific information on what LPNs can and cannot do can be found in the BON’s scope of practice duties guide.

The APRN scope of practice includes:

  • Eliciting health histories and performing physical exams.
  • Defining nursing problems.
  • Collecting, performing, and interpreting lab tests.
  • Initiating requests or referrals for procedures.
  • Providing health education through teaching and counseling.
  • Prescribing medications and treatments that are permitted under the Medical Practice Act.
Delegation Rules The Delaware Nurse Practice Act allows RNs to delegate tasks to LPNs and unlicensed assistive personnel (UAPs) as long as tasks fall under the delegatee’s scope of practice. The BON recommends using the scope of practice decision tree when determining what to delegate.

Section 1900-7.0 generally prohibits RNs from delegating the following duties:

  • Physical, psychological, and social assessment which requires professional nursing judgment, intervention, referral, or follow-up
  • Development of nursing diagnoses and/or care goals
  • Formulation of the plan of nursing care and evaluation of the effectiveness of the nursing care provided
  • Specific tasks involved in the implementation of the plan of care which require nursing judgment, skill, or intervention
  • Administration of medications, including prescription topical medications
  • Receiving or transmitting verbal orders

LPNs are not authorized to delegate tasks, and UAPs cannot re-delegate tasks to other UAPs.

Violations and Penalties Section 1925 outlines violations of the NPA, which can include:

  • Selling or fraudulently obtaining any nursing diploma or license.
  • Practicing professional or practical nursing with a suspended or revoked license.
  • Conducting a professional or practical nursing education program which has not been approved by the Board.
  • Knowingly employing a nurse to engage in the practice of nursing without a valid temporary permit or license from the Board.
  • Violating standards of nursing practice as adopted by the Board.

All violations are subject to a penalty of no more than $1,000 or imprisonment of up to 1 year. The board can also apply additional penalties as appropriate.

Nurse Licensure Compact (NLC) State? Delaware is part of the NLC, meaning that nurses within the state can practice according to the rules and guidelines established by the NLC.

Improving NPA Compliance: 3 Tips for Facilities

Beyond understanding what’s outlined in the Delaware Nurse Practice Act, facility leaders should take measures to enforce it. Here are three tips that can help you promote optimal care standards and build a better culture of safety among your staff.

1. Maintain Credentialing Requirements

Employing nurses without valid licenses/certifications can lead to unwanted penalties and place patients in danger. To avoid this, ensure that you’re fully credentialing all new hires and regularly reminding staff to renew their licenses. You can send out annual licensure renewal reminders and provide links to relevant CE requirements and courses.

2. Educate Staff on Scope of Practice Guidelines

The Delaware Nurse Practice Act outlines strict scope of practice guidelines. While nursing professionals are responsible for understanding their duties, facility leaders also play a role in educating and training staff on these guidelines. Make sure that your orientation includes a thorough training session on scope of practice and delegation rules. After orientation concludes, provide accessible resources that your staff can easily refer to on the job.

3. Stay Informed Through the BON’s Website

Nursing rules and regulations are constantly evolving to reflect new care standards. The Delaware Board of Nursing posts pertinent changes to the NPA directly on their website. It’s important to regularly check for updates so that you stay informed of the latest information.

Get the Information You Need Without the Hassle

Regulations like the Delaware Nurse Practice Act can seem daunting at first glance, but IntelyCare’s expert team is here to help break it all down. Stay informed and get dozens of helpful nursing industry news and insights delivered straight to your inbox.

 

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.


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