Delaware Board of Nursing v. Francis

Summary

The Supreme Court of Delaware reversed the Superior Court and reinstated the Board of Nursing’s discipline against two nurses who retrieved medication from a medical-waste container and allowed it to be administered to an inmate. The Court held that the governing regulations do not require proof of actual harm, that substantial evidence supported a finding that the conduct placed the inmate at risk, and that following orders from a pharmacist or physician did not excuse the nurses’ violation of professional standards.