Iva J. Boardman
Executive Director
Delaware Board of Nursing
Cannon Building
Suite 203
P.O. Box 1401
Dover, DE 19903

Re: Holdover Nursing Board Members After Expiration of Term

Dear Ms. Boardman:

The Delaware Board of Nursing ("Board") has asked whether a member of the Board whose term has expired may continue service on the Board until a replacement has been selected, or whether a member is obligated to quit the Board at the expiration date of the term. For the reasons set out below, we conclude that under the Delaware Constitution, a member may continue to serve on the Board after expiration of his or her term until a successor is appointed and duly qualified.

The Nurse Practice Act, 24 Del. C. Ch. 19, describes the process by which Board members are appointed and their term of