CHAPTER 93

FORMERLY

HOUSE BILL NO. 207

AS AMENDED BY HOUSE AMENDMENT NO. I

AN ACT TO AMEND CHAPTER 19, TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING.

WHEREAS, the present Nursing Act precludes non-nursing staff of community support programs that serve persons with psychiatric disabilities from assisting clients in taking their medications; and

WHEREAS, residential child care facilities and programs for individuals who are developmentally disabled are granted an exception to the Act, whereby care providers who have successfully completed a Board-approved medication training program assist these individuals in the taking of medication; and

WHEREAS, consistent, safe practice calls for a further exception to the Act providing for designated staff of community support programs with similar training to assist clients in the taking of medication.

NOW, THEREFORE:

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

Section 1. Amend §1921, Chapter 19, Title 24 of the Delaware Code by

creating a new paragraph (a) (14) which shall read as follows:

"(14) Group homes for individuals who have psychiatric disabilities regulated by the State under Chapter 11 of Title 16 and other community support programs certified by the Division of Alcoholism, Drug Abuse and Mental Health, where designated care providers, who have successfully completed a Board-approved medication training program, assist individuals who have psychiatric disabilities in the taking of medication, other than by injection, provided that the medication is in the original container, properly labeled. An annual report by the Administrator of the Program shall be made to the Board of Nursing. The report shall indicate compliance with guidelines as set forth in the approved course on 'Assistance with Self Administration.'"

Section 2. Amend subsection (10), §1921, Chapter 19, Title 24, of the

Delaware Code by striking the semi-colon (;) at the end of subsection (10) and substituting in lieu thereof the following:

"An annual report by the Administrator of the Program shall be made to the Board of Nursing. The report shall indicate compliance with guidelines as set forth in the approved course on 'Assistance with Self Administration;".

Section 3. Amend subsection (12), §1921, Chapter 19, Title 24 of the

Delaware Code by striking the semi-colon (;) at the end of subsection (12) and substituting in lieu thereof the following:

"An annual report by the Administrator of the Program shall be made to the Board of Nursing. The report shall indicate compliance with guidelines as set forth in the approved course on 'Assistance with Self Administration;'".

Approved July 3, 1991.