Delaware Board of Nursing v. Francis

TRAYNOR, Justice:

A Delaware statute provides that licensed nurses may be disciplined if they engage in "unprofessional conduct." The statute does not define "unprofessional conduct," so the Delaware Board of Nursing adopted a rule to flesh the term out. Under the Board's rule, "[n]urses whose behavior fails to conform to legal and accepted standards of the nursing profession and who thus may adversely affect the health and welfare of the public may be found guilty of unprofessional conduct."

*469 Two nurses who held supervisory roles at a correctional facility were disciplined by the Board under…