SENATE BILL NO. 261
AS AMENDED BY
SENATE AMENDMENT NO. 1
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 §1921(a), Title 24 of the Delaware Code by substituting a semicolon for the period at the end of Paragraph (18) and adding a new paragraph to read as follows:
“(19) A competent individual who does not reside in a medical facility or a facility regulated pursuant to Chapter 11 of Title 16, may delegate to unlicensed persons performance of health care acts, unless of a nature excluded by the Board through regulations, provided:
a. the acts are those individuals could normally perform themselves but for functional limitations; and
b. the delegation decision is entirely voluntary.
Nothing contained herein shall diminish any legal or contractual entitlement to receive health care services from licensed or certified personnel.”
Section 2. The Board of Nursing shall promulgate regulations defining excluded health care acts within 270 days after this Act’s enactment into law.
Section 3. This Act shall become effective 270 days after enactment into law, with the exception of Section 2, which will become effective immediately.
Approved June 18, 2004