HOUSE BILL NO. 136
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSES TO GIVE THE BOARD OF NURSING THE AUTHORITY TO TEMPORARILY SUSPEND A LICENSE, PENDING A FINAL HEARING, WHEN THERE IS IMMEDIATE OR IMMINENT DANGER TO THE PUBLIC HEALTH, WELFARE, AND SAFETY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 24, Delaware Code, by adding thereto a new Section 1922A as follows:
§1922A. Temporary suspension; pending hearing.
(a) In the event the Board receives a written complaint concerning a licensee’s activities which the Board determines alleges matters presenting an immediate or imminent danger to the public health, welfare, and safety requiring emergency action, the Board may issue an order temporarily suspending the licensee’s license, pending a final hearing on the complaint. No order temporarily suspending a license shall be issued by the Board, with less than twenty four (24) hours prior written or oral notice to the nurse or his or her attorney so that the nurse or his or her attorney may be heard in opposition to the proposed suspension and unless at least a quorum of the Board votes in favor of a temporary suspension. An order of temporary suspension under this section shall remain in effect for a period not longer than sixty (60) days from the date of the issuance of said order, unless the suspended nurse requests a continuance of the date for the final hearing before the Board. If a continuance is requested, the order of temporary suspension shall remain in effect until the Board has rendered a decision after the final hearing.
(a) The licensee, whose license has been temporarily suspended shall be notified forthwith in writing. Notification shall consist of a copy of the complaint and the order of temporary suspension pending a hearing and shall be personally served upon the licensee or sent by certified mail, return receipt requested, to the licensee’s last known address.
(a) A licensee whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis provided that the Board receives- the licensee’s request for an expedited hearing within five (5) calendar days from the date on which the licensee received notification of the Board’s decision to temporarily suspend his or her license.
(a) As soon as possible, but in no event later than sixty (60) days after the issuance of the order of temporary suspension,the Board shall convene for a hearing on the complaint. In the event that a licensee, in a timely manner, requests an expedited hearing, the Board shall convene within fifteen (15) days of the receipt by the Board of such a request and shall render a decision within thirty (30) days.
(a) In no event shall an order of temporary suspension remain in effect for longer than sixty (60) days unless the suspended licensee requests an extension of the order of temporary suspension pending a final decision of the Board. Upon a final- decision of the Board, the order of temporary suspension shall be vacated in favor of the disciplinary action ordered by the Board."
Approved July 11, 1991