Supreme Court of Delaware

Delaware Board of Nursing, Appellant v. Christine Mulry Francis and Angela L. Caldwell Debenedictis, Appellees.

October 2, 2018195 A.3d 467

Summary

The Supreme Court of Delaware reversed the Superior Court and affirmed the Board of Nursing's discipline of two nurses who retrieved medication from a medical-waste container and returned it for administration to an inmate. The Court held that the governing rules did not require proof of actual harm, that substantial evidence supported the finding that the conduct put the inmate at risk, and that following directions from a pharmacist or physician did not excuse the nurses' breach of professional standards.