24 Del. Admin. Code §§ 1900-6.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1900-6.0 - Requirements and Procedures for Licensure

6.1 Examinations

6.1.1 The Board declares that the National Council Licensure Examination-RN (NCLEX-RN) and the National Council Licensure Examination-PN (NCLEX-PN) are the required examinations for licensure in Delaware. The Board of Nursing has the authority to review the content and validity of examinations.

6.1.2 Up to July 1982, the passing score for professional nurse candidates was a standard score of 350 on each test of the State Board Test Pool Examination.

6.1.3 Effective July 1, 1982, the passing score for Registered Nurse candidates was 1600 on the NCLEX-RN and 350 on NCLEX-PN.

6.1.4 Effective July 1, 1988, results are reported and recorded as pass or fail.

6.1.5 All applicants must take the examination within one year of graduation. If an applicant does not take the examination within one year of graduation s/he must petition the Board for specific authorization to take the examination. Such petitions will be granted by the Board upon a showing of good cause.

6.1.6 All applicants who take but fail to pass the examination within one year of graduation must petition the Board for specific authorization to retest. Such petitions will be granted by the Board upon a showing of good cause.

6.1.7 Applicants who do not take or pass the examination within five years of graduation will not be granted permission to take or retake the examination.

6.1.8 To be eligible to take the examination for licensure for practical nursing, the applicant must be a graduate of a Board approved program for practical nursing that meets the education standards in subsection 2.4 and is substantially equivalent to DE practical nursing programs. To be eligible to take the examination for licensure for professional nursing, the applicant must be a graduate of a Board approved program for professional nursing that meets the education standards in subsection 2.4 and is substantially equivalent to DE professional nursing programs. A graduate of a program for professional nursing will be denied permission to take the examination for licensure as a practical nurse.

6.1.9 The NCLEX examination registration application shall be filed with the test vendor with a non-refundable fee.

6.1.10 The candidate shall file a completed and notarized Delaware application for licensure by examination, along with the required non-refundable fee.

6.1.11 In addition, the candidate shall file a signed official school transcript indicating the date of graduation or date degree was conferred. If this is not possible, a certifying letter from the director indicating the candidate had completed the program will be accepted until an official transcript is available.

6.1.12 The candidate shall present the authorization to test document issued by the test vendor in order to be admitted to any portion of the examination.

6.2 Temporary Permits Prior to Examination

6.2.1 Prior to the employment starting date the candidate shall submit a written request for a temporary permit on a form provided by the Board along with the required non-refundable fee.

6.2.2 The temporary permit is a limited license authorizing professional or practical nursing practice only at the institution employing the graduate, and only under supervision and pending the results of the examination.

6.2.3 Any graduate who has completed the requirements of a state board of nursing approved program of professional or practical nursing and who has filed for licensure by examination in Delaware may be employed in professional or practical nursing, working under the direct supervision of a Registered Nurse pending results of the licensing examination.

6.2.4 Direct supervision means supervision by a Registered Nurse practicing on the assigned unit during the same time period. The assigned patient care unit cannot exceed forty patients.

6.2.5 In order to practice nursing in Delaware with a temporary permit, a recent graduate of a state board of nursing approved program of nursing in another state must file an application for licensure before beginning to practice. If the graduate has taken, or is scheduled to take, the NCLEX Examination in the state in which the program is located, the applicant shall file an application for licensure by endorsement in Delaware.

6.2.6 The Board of Nursing will verify employment and the start date before issuing the permit.

6.2.7 If extenuating circumstances exist, the candidate may apply to the Board for reissuance of a temporary permit. If the reason is acceptable, the permit may be reissued. (Refer to subsection 6.7, Temporary Permits)

6.3 Test Results

6.3.1 Notification occurs for the successful candidate in the following order: the candidate and director of the school program, and for the unsuccessful candidate: the candidate, employer and the director of the school program.

6.3.2 A successful candidate will receive the test results and a permanent license number.

6.3.3 A letter to unsuccessful candidates will accompany the test results to advise them of their status and the procedure to be followed for re-examination.

6.3.4 Candidates for licensure who fail the National Council Licensure Examination may not be employed as a graduate nurse or a graduate practical nurse, are not permitted to practice nursing as defined in the Law, and must return the temporary permit upon receipt of the failure notification.

6.3.4.1 The candidate's employer shall be notified that the temporary permit is not valid.

6.3.5 There is a non-refundable fee for each re-examination request. Candidates may retake NCLEX at 45 day intervals within a one year period from graduation and not thereafter without petitioning the Board for specific authorization to retest after the one year period for a total of five years.

6.3.6 An applicant who petitions to retake NCLEX more than two years from graduation must successfully complete or have completed an examination review course within the six months immediately prior to a petition to retake the examination.

6.4 Requirements for Applicants Graduating from International or Puerto Rican Programs

6.4.1 All applicants for licensure must submit the following:

6.4.1.1 A completed, signed, online application;

6.4.1.2 The required non-refundable fee;

6.4.1.3 A CES Report with English language proficiency (ELP) issued by the Commission on Graduates of Foreign Nursing Schools or other Board approved agency to verify the program from which applicant is a graduate meets the approved standards adopted by the Board (24 Del.C. §§ 1910, 1914) and subsection 2.4. (If the program does not include the areas specified in the above curricula, the deficiencies must be made up before the applicant is eligible to take NCLEX); and

6.4.1.4 Official English translations of all required credentials;

6.4.2 Applicants previously licensed or credentialed in any other state, territory, or country must also submit a certificate of licensure or credential from any state, territory, or country where currently or previously licensed. The certificate must identify the state, territory, or country of licensure or credential; the license number; and status of the license or credential.

6.4.3 Applicants are allowed one year from the date of Board review of the completed application to make up all deficiencies, including taking the initial examination;

6.4.4 Applicants may be issued a temporary permit and may be employed in professional or practical nursing if the applicant has met all of the Board's prerequisites for taking the NCLEX in Delaware and is scheduled to do so;

6.4.5 Applicants may work only at the institution employing the applicant, under the direct supervision of a registered nurse pending results of the first licensing examination.

6.4.6 Applicants must meet all other requirements for licensure.

6.4.7 RN applicants who meet the requirements listed above are eligible to take NCLEX-RN. LPN applicants who meet the requirements listed above are eligible to take the NLCEX-PN. In order to be licensed, all applicants must take and pass the respective NCLEX.

6.4.7.1 Applicants must take the NCLEX within one year of either graduation or the date last employed as a nurse in any territory or country. Applicants who fail to do so must petition the Board for specific authorization to take the examination. Such petitions will be granted by the Board upon a showing of good cause;

6.4.7.2 Applicants who take but fail to pass the examination within one year must petition the Board for specific authorization to retest. Such petitions will be granted by the Board upon a showing of good cause;

6.4.7.3 Applicants may retake NCLEX at 45 day intervals within a one year period from graduation and not thereafter without petitioning the Board for specific authorization to retest after the one year period for a total of five years;

6.4.7.4 Applicants who do not take or pass the examination within five years of graduation or the date last employed as a nurse in any territory or country will not be granted permission to take or retake the examination.

6.4.8 Canadian applicants writing the Canadian Nurses' Association Testing Service (CNATS) Examination from 1970 - 1979 are eligible for licensure by endorsement.

6.4.9 Canadian applicants writing the Canadian Nurses' Association Testing Service (CNATS) Examination, first administered August 1980, are eligible for licensure by endorsement with a passing score of 400. (September 15, 1981)

6.4.10 Canadian applicants writing the Canadian Nurses' Association Testing Service (CNATS) Examination after that examination became graded on a pass or fail basis are not eligible for licensure by endorsement and must pass the NCLEX. (June 8, 1996)

6.4.11 Applicants who have not graduated from nursing school within 2 years of applying must attest that they have satisfied the active practice requirement of a minimum of 1000 practice hours in the past 5 years or 400 nursing practice hours in the past 2 years.

6.5 Licensure by Endorsement

6.5.1 All endorsement applicants shall:

6.5.1.1 Submit a completed, signed, online application.

6.5.1.2 Remit the required non-refundable fee.

6.5.1.3 Attach to the application a photocopy of a current active or inactive license indicating date of expiration.

6.5.1.4 Provide official verification of original licensure in another jurisdiction on a form acceptable to the Board.

6.5.1.5 Applicants who have not graduated from nursing school within 2 years of applying must attest that they have satisfied the active practice requirement of a minimum of 1000 practice hours in the past 5 years or 400 nursing practice hours in the past 2 years.

6.5.1.6 If the applicant has not been employed in nursing a minimum of 1000 hours in the past five years or a minimum of 400 hours of nursing practice within the previous two years, the applicant must give evidence of satisfactory completion of an approved refresher program within a two-year period before licensure by endorsement will be granted.

6.5.1.7 List all continuing education requirements for the two years immediately preceding application, unless submitting a refresher course completion certificate.

6.5.2 All completed applications for endorsement will be submitted to the Board for ratification.

6.5.3 Issuance of a license shall be considered as notice of approval of the application.

6.5.4 All applications will be purged in accordance with Division policy.

6.5.6 Registered Nurses

6.5.6.1 The Board may issue a license to practice professional nursing as a Registered Nurse by endorsement, without a written examination, to an applicant who has been duly licensed as a Registered Nurse under the laws of another state, territory, or foreign country if, in the opinion of the Board, the applicant meets the qualifications for licensure in this state.

6.5.6.2 As of 1950 and thereafter, the State Board Test Pool Examination for professional nursing is the licensing examination authorized for use by all boards of nursing in jurisdictions in the United States. (In July 1982, the examination was re-titled National Council Licensure Examination-RN (NCLEX-RN). Prior to this date, examinations constructed by state boards of nursing are acceptable, providing such examinations include all of the required clinical areas: medicine, surgery, obstetrics-gynecology, pediatrics, psychiatry). Until 1953, the passing score required for each of the tests was 70%.

6.5.6.3 Those applicants graduating as of 1953 and thereafter are required to show evidence of clinical experience in medical nursing, surgical nursing, psychiatric nursing, nursing of children, and obstetrical nursing.

6.5.6.4 An applicant for licensure by endorsement must be a graduate of a board approved nursing program and have passed the NCLEX-RN.

6.5.6.5 An applicant for licensure by endorsement must have completed satisfactorily and met all requirements from a RN program in another state, territory, or country determined by the Board to be substantially equivalent to the RN education programs in Delaware.

6.5.7 Licensed Practical Nurses

6.5.7.1 Effective October 1, 1963, waiver or equivalency licensure is not acceptable in Delaware. The Board may issue a license to practice nursing as a Licensed Practical Nurse, without a written examination, to an applicant who has been licensed as a Practical Nurse or a person entitled to perform similar services under a different title under the laws of any state, territory or foreign country if, in the opinion of the Board, the applicant has the qualifications and demonstrates convincing evidence that the applicant's education, training, experience and conduct have been sufficient as required for the licensing of practical nurses.

6.5.7.2 Candidates for licensure are required to have theory and clinical experience in medical nursing, surgical nursing, psychiatric nursing, obstetrical nursing, and nursing of children.

6.5.7.3 A licensed practical nurse applicant for licensure by endorsement must be a graduate of a board approved nursing program and have passed the NCLEX-PN.

6.5.7.4 An applicant for licensure by endorsement must have completed satisfactorily and met all requirements from a PN program in another state, territory, or country determined by the Board to be substantially equivalent to the PN education programs in Delaware.

6.6 Licensure: Biennial Renewal and Reinstatement

6.6.1 Biennial Renewal of Licensure

6.6.1.1 In order to practice nursing in Delaware with or without financial compensation, Registered Nurses or Licensed Practical Nurses who are duly licensed under any provision of 24 Del.C. Ch. 19 shall renew their licenses biennially, on dates established by the Division of Professional Regulation and must:

6.6.1.1.1 Complete the online renewal application, along with the required non-refundable fee, by midnight of the last day of the renewal period. Failure to do so will result in a penalty fee;

6.6.1.1.2 Meet the continuing education requirements set forth in Section 9.0;

6.6.1.1.3 Submit information related to the nurse's practice and demographics for the purpose of collecting nursing workforce data; and

6.6.1.1.4 Have practiced a minimum of 1,000 hours of nursing practice within the previous five years or a minimum of four hundred hours of nursing practice within the past two years. In the event that applicant for renewal or reinstatement of licensure has not been actively employed or practicing in professional or practical nursing in the past five years, the applicant will be required to give evidence of satisfactory completion of a board-approved professional or practical nursing refresher program within a two-year period prior to the application for renewal before licensure will be granted. In the event no refresher course is available the Board may consider alternate methods of evaluating current knowledge in professional or practical nursing.

6.6.1.2 The applicant shall indicate nursing employment within the past five years before the renewal application will be processed. A minimum of 1,000 hours of nursing practice within the past five years or a minimum of four hundred hours of nursing practice within the past two years is required for licensure by renewal or reinstatement. Verification of completion of the practice hours will occur for a minimum of 3% of the total number of licensees with notice of the audit within six months following the renewal of licensure. See Section 9.0, for Mandatory Continuing Education requirements.

6.6.1.2.1 Upon receipt of such notice, the licensee must submit verification of compliance for the period being audited. Verification will be done on a form supplied by the Board office that includes employer's name, title, address, telephone number, job title, and dates of employment.

6.6.1.2.2 The employer will submit the completed form directly to the Board office.

6.6.1.2.3 An unsatisfactory verification or audit shall result in Board action.

6.6.1.2.4 Failure to notify the Board of a change in mailing address will not absolve the licensee from audit requirements.

6.6.1.3 A notice for license renewal will be sent at least 12 weeks prior to the expiration date of current licensure.

6.6.1.4 Failure to receive the renewal notice shall not relieve the licensee of the responsibility for renewing their license by the expiration date.

6.6.1.5 A license may be renewed up to sixty-days past the license's expiration date, by submitting the penalty fee and proof of completion of continuing education requirements. The license is considered lapsed and the nurse is not permitted to work until the license is renewed. Licensees who fail to renew during the renewal period or during the 60-day late renewal period must apply for reinstatement.

6.6.1.6 Licenses that have lapsed may be reinstated by the Board upon satisfactory explanation by the licensee of failure to renew and after payment of a penalty fee.

6.6.1.7 Registered Nurses - the license shall be valid for no more than two calendar years expiring each odd-numbered year on dates established by the Department of State.

6.6.1.8 Licensed Practical Nurses - the license shall be valid for no more than two calendar years expiring each even-numbered year on the dates established by the Department of State.

6.6.2 Reinstatement of Licensure

6.6.2.1 Reinstatement of a lapsed license is required after the expiration of the late renewal period. All applicants shall have a minimum of 1,000 hours of nursing practice within the previous five years or a minimum of four hundred hours of nursing practice within the past two years before licensure by reinstatement will be granted. The practice of nursing can be with or without financial compensation. In the event the applicant has not been actively employed in nursing as described above, the applicant will be required to give evidence of satisfactory completion of a refresher program with an approved agency within two years prior to reinstatement. In the event no refresher course is available, the Board may consider alternate methods of evaluating current knowledge in professional or practical nursing defined in Section 4.0.

6.6.2.2 The applicant shall file an online application for reinstatement of licensure. The application shall be accompanied by a list of continuing education documents, information related to the nurse's practice and demographics for the purpose of collecting nursing workforce data, a renewal fee and penalty fee.

6.6.3 It is unprofessional conduct and a violation of Delaware Law to practice without a license. The Board may refuse a license or refuse to renew a license of a professional nurse or a practical nurse who practices without a current license.

6.7 Temporary Permits

6.7.1 The temporary permit is a limited license authorizing professional, practical or graduate nursing practice only at the employing institution for no longer than an initial 90 day period.

6.7.2 Nurses who produce current evidence of licensure to practice nursing in another state and who have applied for endorsement may be issued a temporary permit to practice nursing for a maximum of 90 days, if they have been employed in nursing a minimum of 1000 hours in the past five years or a minimum of four hundred hours of nursing practice within the past two years.

6.7.3 A temporary permit to practice nursing for a maximum of 90 days may be issued to persons who have requested reinstatement of their licensure, if they have been employed in nursing a minimum of 1000 hours in the past five years or a minimum of four hundred hours of nursing practice in the past two years.

6.7.4 All applicants seeking temporary permits to practice professional, practical or graduate nursing in Delaware must:

6.7.4.1 Prior to employment starting date, submit an online application for endorsement or examination, completing the portion for a temporary permit, and indicating employer.

6.7.4.2 Have been employed in nursing a minimum of 1000 hours in the past five years or a minimum of four hundred hours in the past two years, if applying for reinstatement or endorsement, with current evidence of licensure from another state.

6.7.4.3 Have been accepted as a nurse employee in Delaware. The Board of Nursing will verify employment with the employer and verified documentation will be noted on the application.

6.7.4.4 Have graduated from a State Board of Nursing approved program.

6.7.4.5 Pay a licensure fee which is not refundable.

6.7.5 Upon completion of all requirements, a temporary permit will be issued for no longer than 90 days with subsequent renewal periods of 60 and 30 days sequentially. Temporary Permits issued to a graduate nurse or graduate practical nurse are limited per subsection 6.3.4 of this regulation.

6.7.6 The Executive Director shall:

6.7.6.1 Keep a register of permits.

6.7.6.2 Refrain from issuing a temporary permit in any doubtful situation until further evidence is obtained or until the Board has given approval.

6.7.7 In the absence of the Executive Director, the President may issue a temporary permit with the same restrictions.

6.8 Inactive Status

6.8.1 A nurse holding an active license in good standing may be placed on inactive status by the Board. Requests for inactive status shall be submitted to the Board online with the accompanying fee. Inactive status shall be renewed biennially at the time of regular license renewals. While inactive the licensee may not practice nursing in Delaware.

6.8.2 A licensee on inactive status shall use the appropriate title, Registered or Licensed Practical Nurse, followed by (INACTIVE).

6.8.3 A licensee may print a certificate of inactive status from the license record in Delpros.

6.8.4 A notice to renew inactive status will be sent to all persons in inactive status at renewal time. Renewal shall be completed by online application and payment of the renewal fee. An inactive license not renewed shall become expired and will remain expired until the licensee applies for reinstatement.

6.8.5 All applications from persons on inactive status who decide to resume active status must meet all requirements for reinstatement. In the event the applicant has not been actively practicing nursing within the previous five years, the applicant will be required to give evidence of satisfactory completion of a refresher program with an approved agency within two years prior to reactivation, or participate in an alternate Board approved method of evaluating current knowledge in professional or practical nursing. All applicants shall have a minimum of 1000 hours of nursing within the previous five years or a minimum of four hundred hours of nursing practice within the previous two years. See Section 9.0 for Mandatory Continuing Education requirements.

6.9 Change of Name/address

6.9.1 Licensees who legally change their names and wish to change the name on the license, shall provide evidence, such as marriage licenses or court actions.

6.9.2 Notice of change of address shall be submitted online within 30 days of the change. All notices from the Board will be sent to the last address provided by the licensee or applicant to the Board.

24 Del. Admin. Code §§ 1900-6.0

3 DE Reg. 1373 (04/01/00)
4 DE Reg. 1500 (03/01/01)
15 DE Reg. 685 (11/01/11)
15 DE Reg. 1622 (05/01/12)
17 DE Reg. 85 (7/1/2013)
17 DE Reg. 1193 (6/1/2014)
18 DE Reg. 322 (10/1/2014)
21 DE Reg. 735 (3/1/2018)
23 DE Reg. 682 (2/1/2020)
24 DE Reg. 379 (10/1/2020)
25 DE Reg. 199 (8/1/2021)
25 DE Reg. 786 (2/1/2022)
26 DE Reg. 327 (10/1/2022)
26 DE Reg. 407 (11/1/2022)
27 DE Reg. 61 (7/1/2023)
27 DE Reg. 619 (2/1/2024) (Final)