AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING.

Plain English Breakdown

The official text uses permissive language ('may') for both issuing letters and holding hearings, so these are not automatic requirements.

HB148: New Rules for Nursing Letters of Concern

This law allows Delaware's Board of Nursing to send private warning letters to nurses who need improvement but have not broken rules, and lets the Board hold a hearing if a nurse receives three or more of these letters.

What This Bill Does

• Allows the Board of Nursing to issue confidential letters of concern for actions that worry officials but do not break laws or regulations.
• States that the goal of these letters is to encourage licensees to improve their practice.
• Lets the Board hold a hearing if a licensee receives three or more letters of concern to assess professional competency.
• Makes previous confidential letters public evidence during the competency hearing.

Who It Names or Affects

• The Delaware Board of Nursing
• Licensed nurses and other healthcare professionals regulated by the board

Terms To Know

Licensee

A person who holds an official permit to work as a nurse or provide nursing care.

Letter of Concern

A private written notice from the Board telling a licensee that their actions need improvement, even if no rule was broken.

Limits and Unknowns

• The law does not state exactly when it takes effect beyond being signed by the Governor.
• The text does not explain what specific penalties happen after the competency hearing concludes.
• The bill uses 'may' for issuing letters and holding hearings, meaning these actions are optional for the Board.

Official Summary Text

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING.
This Act updates the Board of Nursing’s enabling act to allow the Board to issue confidential letters of concern to licensees who have acted in manner warranting concern but have not violated the Board’s statute or regulations. The purpose of the letter of concern is to encourage the licensee to improve such practice. The bill further allows the Board to require any licensee who receives 3 or more letters of concern to appear before the Board for a hearing to assess the licensee’s competency, at which time the letters of concern would no longer be confidential.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Minor-Brown & Sen. Pinkney

Reps. Griffith, Heffernan, Hilovsky, Neal, Osienski, Harris; Sen. Mantzavinos

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 148

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1922, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1922. Disciplinary proceedings; appeal.

(e)

Letters of Concern.

– (1) If the Board determines after an investigation that a violation of this chapter or of the regulations enacted pursuant to this chapter warranting formal disciplinary action has not occurred, but that an act or omission of the licensee is a matter of concern and that licensee’s practice may be improved if the licensee is made aware of the concern, the Board may issue a non-disciplinary confidential letter of concern regarding the licensee’s act or omission.

(2) If a licensee receives a total of 3 letters of concern under this section, the Board may hold a hearing to assess the licensee’s professional competency to protect the health, safety, and welfare of the public. At such hearing, all of the licensee’s letters of concern may be deemed no longer confidential and may be admitted into evidence.

SYNOPSIS

This Act updates the Board of Nursing’s enabling act to allow the Board to issue confidential letters of concern to licensees who have acted in manner warranting concern but have not violated the Board’s statute or regulations. The purpose of the letter of concern is to encourage the licensee to improve such practice. The bill further allows the Board to require any licensee who receives 3 or more letters of concern to appear before the Board for a hearing to assess the licensee’s competency, at which time the letters of concern would no longer be confidential.