Nurses are the backbone of any healthcare team, currently making up the largest workforce in the industry. With a wide range of 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 State of 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:Sections 1901 to 1938Delaware Administrative Code, Title 24:Section 1900-1.0 to 1900-15.10 |
| Nursing Licensure Requirements | To obtain a Delaware nursing license (LPN or RN), applicants must get licensed either by examination or endorsement.Steps to receivelicensure by examination:Complete an accredited nursing program.Pass the NCLEX exam.Complete a background check.Submit anonline applicationto the BON.Steps to receivelicensure by endorsement:Meet at least one of the BON’s practice requirements (graduate from accredited program within the last 2 years; obtain at least 1000 practice hours within the past 5 years; obtain at least 400 practice hours within the past 2 years; complete aBoard-approved refresher program).Meet all continuingeducation requirements(30 hours for RNs; 24 hours for LPNs).Verify original license usingNURSYS.Complete a background check.Submit anonline applicationto the board of nursing.More information about license renewal processes can be found on theDelaware BON website. |
| Scope of Practice Guidelines | The RN, LPN, and APRN scopes of practice are broadly defined in section1900-7.0.TheRN scope of practiceincludes:Conducting and documenting nursing assessments.Establishing and documenting nursing diagnoses.Developing strategies of care based on thenursing process.Evaluating outcomes related to the patient, family, or care team.Delegating tasks as appropriate.TheLPN scope of practicemore 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 theBON’s scope of practice duties guide.TheAPRN scope of practiceincludes: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 theMedical 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 thescope of practice decision treewhen determining what to delegate.Section1900-7.0generallyprohibitsRNs from delegating the following duties:Physical, psychological, and social assessment which requires professionalnursing judgment, intervention, referral, or follow-upDevelopment of nursing diagnoses and/or care goalsFormulation of the plan of nursing care and evaluation of the effectiveness of the nursing care providedSpecific tasks involved in the implementation of the plan of care which require nursing judgment, skill, or interventionAdministration of medications, including prescription topical medicationsReceiving or transmitting verbal ordersLPNs arenotauthorized to delegate tasks, and UAPscannotre-delegate tasks to other UAPs. |
| Violations and Penalties | Section 1925outlines 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? | Delawareispart of the NLC, meaning that nurses within the state can practice according to therules and guidelinesestablished 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 complete the specific State of Delaware nursing license renewal requirements. You help employees stay current by sending out annual licensure renewal reminders and providing 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. Each state's nursing board (Delaware's and beyond) typically 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.
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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.