CHAPTER 64

PROVIDING FOR TRAINING AND LICENSING PRACTICAL NURSES

AN ACT TO AMEND AND REVISE CHAPTER 19, TITLE 24, DELAWARE CODE, BY CLARIFYING AND DEFINING THE POWER OF EXAMINERS OF GRADUATE NURSES AS THEREIN ESTABLISHED, AND BY PROVIDING FOR THE SUPERVISED TRAINING AND LICENSING OF PRACTICAL NURSES ON A VOLUNTARY BASIS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Sections 1901 through 1910, Title 24, Delaware Code, are hereby amended by including and designating said sections under a sub-chapter to read

Subchapter I Professional Registered Nurses

Section 2. Sub-chapter I, Chapter 19, Title 24, Delaware Code, is hereby amended by the addition of a new section therein and thereto, to be known as Section 1911, Chapter 19, Title 24, Delaware Code, and to read as follows:

Section 1911. The "Board" as defined in § 1901 hereof is hereby vested with full power and authority to administer all of the provisions of Chapter 19, Title 24, Delaware Code.

Section 3. Chapter 19, Title 24, Delaware Code, is further amended by adding thereto a new sub-chapter to read as follows:

Subchapter II. Licensed Practical Nurses

Section 4. Subchapter II, Chapter 19, Title 24, Delaware Code, is hereby amended by the addition of the following new sections, to read as follows :

§ 1920. Definitions

As used in this sub-chapter --

(a) "Licensed practical nurse" means a person who has chosen to conform to the provisions of this sub-chapter and has met all the requirements for licensing as a practical nurse, and who is licensed under this sub-chapter.

(a) "Practice of practical nursing" applies to those who perform such duties as are required in the physical care of a patient and in the carrying out of such medical orders as are prescribed by a licensed physician requiring a knowledge of simple nursing procedures, but not requiring the professional knowledge and skills required of a professional registered nurse.

§ 1921. Voluntary licensing; use of title "Licensed Practical Nurse"

(a) Any person practicing or offering to practice practical nursing in this State for compensation or personal profit may, if he or she shall desire to conform to the provisions of this sub-chapter, be licensed as a practical nurse as herein provided.


() No person shall hold himself or herself to be and act as a licensed practical nurse without being licensed as herein provided.

(a) No person shall assume or use the title "Licensed Practical Nurse" or the abbreviation "L. P. N.", or any other words, letters, signs, or figures, which indicate that the person using the same is a licensed practical nurse unless such person has been licensed as such by the Board according to the provisions of this sub-chapter.

§ 1922. Requirements for applications except those who apply under § 1923

(a) All applicants for license as a licensed practical nurse except those who apply under § 1923 of this title shall have

completed a program in practical nursing, and shall hold a certificate from a school for the training of practical nurses approved by the Board. Applicants shall also be required to pass such examination as the Board may determine. Every applicant who meets the requirements listed below and passes the prescribed examination shall receive a license to practice as a licensed practical nurse.

(b) Applicants for license as a Licensed Practical Nurse shall furnish evidence that he or she

(1) Is nineteen years of age;

Is of good moral character ;

(2) Is in good physical health;

(3) Has completed two years of high school education, or its equivalent; and

(4) Has such other educational qualifications as the Board may prescribe.

§ 1923. Licensing without examination for those already practicing

The Board shall, without examination, issue a license to practice licensed practical nursing to any applicant who files an application with the Board within eighteen months after the effective date of this sub-chapter, and in such application submits to the Board evidence, verified under oath, on forms furnished by the Board, that the applicant is (a) at least nineteen years of age; (b) of good moral character; (c) in good physical health; and (d) has lived in and cared for the sick in this State for at least one year prior to the adoption of this sub-chapter. Each such applicant for registration without examination, as hereinabove provided, must be favorably endorsed by two physicians licensed to practice in this State, who shall have personal knowledge of the applicant's experience and ability as a practical nurse, and, must be endorsed by two persons who shall have employed the applicant in the capacity of a practical nurse within the two years preceding the filing of the application.

§ 1924. Reciprocity

The Board may, without examination, issue a license to practice licensed practical nursing to any applicant who, as of the effective date of this sub-chapter, has been duly licensed under the laws of any other state, territory or possession of the United States or the District of Columbia, as a practical nurse or a person entitled to perform similar services under a different title, if, in the opinion of the Board, the applicant has the qualifications required by this sub-chapter for licensing of practical nurses.

§ 1925. License fee

Upon filing application for examination and licensing under this sub-chapter, each applicant shall deposit a fee of $15.00 with the Board.

§ 1926. Renewal of registration

Every practical nurse who is duly licensed under this subchapter shall renew such license every two years by filing an application during the month of January in any year that such applicant must renew such license. Such applicant shall deposit a fee of $2.00 with the Board.

§ 1927. Schools of practical nursing

(a) The Board may formulate and adopt a curriculum and rules to be complied with by schools and hospitals which offer a course for the training of practical nurses. The Board may duly accredit such schools and hospitals and provide for a systematic inspection thereof as provided in § 1902 of this Title.

(a) The Executive Secretary shall visit each school and hospital where practical nursing is being taught whenever deemed necessary and desirable by the Board and submit a written report of each visit to the Board. From time to time, as deemed necessary by the Board, it shall be the duty of the Executive Secretary, or some member of the Board designated to do so, to survey all schools and hospitals where practical nursing is being taught in this State to determine if they are prepared and qualified to carry out and are carrying out the prescribed basic curriculum for educating practical nurses. If the Board determines from such survey that any such school or hospital is not maintaining the standards required by the Board, notice thereof in writing specifying the defects shall be immediately given to the school or hospital which thereafter shall correct these conditions within one year to the satisfaction of the Board. The Board is authorized to withdraw accreditation of any course of training for practical nurses which does not comply with the standards required by the Board.

§ 1928. Unlicensed practical nursing not affected

This sub-chapter shall not be construed to affect or apply to gratuitous practical nursing of the sick by friends or members of the family, nor shall it apply to any person doing practical nursing of the sick for hire who does not in any way assume to be a licensed practical nurse.

§ 1929. Revocation of license; notice and hearing

The Board may revoke any license issued under this subchapter for sufficient cause, but before this is done the holder of such license shall have thirty days' notice in writing. After a full and fair hearing of the charges made, the license may be revoked by a majority vote of the whole Board.

§ 1930. Violations and penalties

Whoever violates any of the provisions of this sub-chapter ;

Or

Whoever wilfully makes any false representation to the Board in applying for a license

Shall be fined not more than $500.00.

Section 5. The provisions of the several sections set out herein under sub-chapter II shall become effective thirty days after the approval of this Act by the Governor.