CHAPTER 482

FORMERLY

HOUSE BILL NO. 429

AS AMENDED BY HOUSE AMENDMENT NO. 1

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

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

Section 1. Amend subsection (j), §1903, Chapter 19, Title 24 of the Delaware Code by striking said subsection (j) in its entirety, and substituting in lieu thereof the following:

"(j) No member of the Board shall hold any elective office in, nor be a representative of. any local. state, regional or national nursing association."

Section 2. Amend §1903, Chapter 19, Title 24 of the Delaware Code by adding thereto a new subsection, designated as subsection (k), which new subsection shall read as follows:

"(k) The provisions set forth for 'employees' in Chapter 58, of Title 29 of the Delaware Code shall apply to all members of the Board, and to all agents appointed or otherwise employed by the Board."

Section 3. Amend subsection (a), §1904, Chapter 19. Title 24 of the Delaware Code by striking said subsection (a) in its entirety, and substituting in lieu thereof the following:

"(a) The Board shall elect, annually, from its members a President and Vice-President. In the event of a vacancy in one of the offices, a replacement shall be elected at the next Board meeting or at a meeting called for that purpose."

Section 4. Amend subsection (6), §1906, Chapter 19, Title 24 of the Delaware Code by striking the (;) at the end of said subsection (6), and substituting in lieu thereof the following.

", and shall also prescribe the procedures for subsequent examinations of applicants alto tail an examination;"

Section 5. Amend subsection (b), §1908, Chapter 19, Title 24 of the Delaware Code In striking present subsection (b) in its entirety, and substituting in lieu thereof the following:

"(b) Special meetings of the Board may be called by the Executive Director upon the request id the President or any two members."

Section 6. Amend subsection (d), §1908, Chapter 19, Title 24 of the Delaware Code striking present subsection (d), and substituting in lieu thereof the following:

"(d) The amount charged for each fee imposed under this Chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board; and the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall he a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this Chapter. The application fee shall not be combined with any other tee or charge. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting on its behalf, shall compute for each separate service or activity, the appropriate Board fees for the coming year."

Section 7. Amend subsection (1), §19I0, Chapter 19, Title 24 of the Delaware Code by striking the words "graduate of us the same appear in said subsection (1), and substituting in lieu thereof the words "graduate of, and holds a certificate from,",

Section 8. Amend subsection (4), §1910, Chapter 19, Title 24 of the Delaware Code by striking present subsection (4) in its entirety, and substituting in lieu thereof the following:

"(4) is of such satisfactory physical and mental health as is consistent with the Americans with Disabilities Act:"

Section 9. Amend subsection (6), §I910, Chapter 19, Title 24 of the Delaware Code-by striking the words "a I -year period" as the same appear in subsection (6) and substituting in lieu thereof the words "two years".

Section 10. Amend §1911. Chapter 19, Title 24 of the Delaware Code by striking the first sentence of said Section in its entirety.

Section 11. Amend subsection (h), § 1912, Chapter 19, Title 24 of the Delaware Code by striking the words "a I -year period" as the same appear m subsection (b) and substituting in lieu thereof the words "two years".

Section 12. Amend subsection (1), §1914. Chapter 19, title 24 of the Delaware Code by striking the words "graduate of as the same appear in said subsection ( 1 ) and substituting in lieu thereof the words "graduate of, and holds a certificate from.".

Section 13. Amend subsection (4). § 1914, Chapter (9, Title 24 of the Delaware Code by striking present subsection (4) in its entirety-, and substituting in lieu thereof the following:

"(4) is of such satisfactory physical and mental health as is consistent with the Americans with Disabilities Act;".

Section 14. Amend subsection (6). §1914, Chapter 19. Title 24 of the Delaware Code by striking the words "a I-year period" as the same appear in subsection (6) and substituting in lieu thereof the words "two years".

Section 15. Amend *1915, Chapter 19, Title 24 of the Delaware Code by striking subsection (a) in its entirety, and by removing the subsection designation (1)1 front presently-existing subsection (b).

Section 16. Amend subsection (b). §I916. Chapter 19, Title 24 of the Delaware Code by striking the words "a I -year period" as the same appear in said subsection (b) and substituting in lieu thereof the words "two years"

Section 17. Amend subsection (a), §1918, Chapter 19, Yale 24 of the Delaware Code by striking the word "biannual" as the same appears in said subsection (a), and substituting the word "biennial" in lieu thereof, -

Section 18. Amend subsection (a), § 1918, Chapter 19, Title 24 of the Delaware Code by striking the words "a 1-year period" as the same appear in subsection (a), and substituting in lieu thereof the words "two years".

Section 19. Amend subsection (c). * 1918, Chapter 19, Title 24 of the Delaware Code by striking the words "a I-year period" as the same appear in subsection (c I, and substituting in lieu thereof' the words "two years".

Section 20. Amend subsection (g), § I918, Chapter 19, Title 24 of the Delaware Code by striking the words "a I-year period" as the same appear in subsection (g), and substituting in lieu thereof the words "two years".

Section 21. Amend subparagraph paragraph (3), subsection (c), §1922, Chapter 19, Title 24 of the Delaware Code by striking present subparagraph f. in its entirety, and substituting in lieu thereof the following:

"f. All decisions of the Board shall be thud and conclusive. Where the practitioner is in disagreement with the action of the Board, he or she may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to him or her The appeal shall be on the record to the Superior Court and shall be as provided in §§10142-10145, Chapter 101 of Title 29 of the Delaware Code.".

Section 22. Amend paragraph (3), subsection (a), §1922, Chapter 19, Title 24 of the Delaware Code by striking present paragraph (3) in its entirety and renumbering each succeeding paragraph of subsection (a) accordingly.

Section 23. Amend §I923, Chapter 19, Title 24 of the Delaware Code by striking present §I923 in its entirety.

Section 24. Amend §I 922A., Chapter 19, Title 24 of the Delaware Code by re-designating present §I 922A. as new §I923 of said Title 24.

Section 25. Amend subsection (d), §1904, Title 24 of the Delaware Code by striking said subsection (d) in its entirety and renumbering each succeeding subsection accordingly.

Section 26. Amend subsection (18), §I906, Title 24 of the Delaware Code by striking said subsection (18) in its entirety and renumbering each succeeding subsection accordingly.

Section 27. Amend subsection (a), §I918, Title 24 of the Delaware Code by striking the words "before the date determined by the Board" as the same appears in said subsection.

Section 28. Further amend subsection (a), § 1918, Title 24 of the Delaware Code by striking the last sentence of said subsection (a).

Section 29. Amend paragraph (1), subsection (c), § 1922, Title 24 of the Delaware Code by striking said paragraph (1), and substituting in lieu thereof the following:

(1) When a complaint is filed pursuant to §8810, Title 29 of the Delaware Code, alleging a violation of this Chapter, the complaint shall be received and investigated by the Division of Professional Regulation; and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.

Approved July 10, 1996