Delaware Board of Nursing v. Gillespie
2012 Del. LEXIS 175
| Del. | 2012Background
- Gillespie, a licensed nurse, was accused by the Board of nursing of unprofessional conduct for failing to report child sexual abuse involving her grandchildren.
- The alleged reporting violation was based on Delaware Code Title 16, § 903 as it existed at the time, and Board Rule 10.4.1.
- The Board suspended Gillespie's licenses for two years after a Panel found a violation of § 1922(a)(8) and Rule 10.4.1.
- The Superior Court reversed, holding § 903 did not compel reporting of information learned outside the nurse’s employment.
- The Board appealed, arguing the statute was unambiguous and supported the sanction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 903 apply to information learned outside employment? | Gillespie contends 903 is limited to employment context. | Board argues 903’s broad phrasing includes any person who knows or suspects abuse, regardless of context. | Statute ambiguous; court adopts broad interpretation contrary to Board. |
| Was there substantial evidence to sanction Gillespie absent a valid § 903 violation? | Gillespie had no § 903 violation; thus no substantial evidence for unprofessional conduct. | Board maintains evidence supports violation under 1922(a)(8) with Rule 10.4.1. | No substantial evidence without § 903 violation. |
Key Cases Cited
- Hedrick v. Quest Diagnostics Clinical Labs., Inc., 807 A.2d 584 (Del. Super. Ct. 2002) (immunity distinction informs § 903 construction)
- LeVan v. Independence Mall, Inc., 940 A.2d 929 (Del.2007) (statutory interpretation aims to promote legislative intent)
- Aspen Advisors LLC v. United Artists Theatre Co., 861 A.2d 1251 (Del.2004) (nosciutur a sociis and ejusdem generis principles applied)
- Newtowne Vill. Serv. Corp. v. Newtowne Rd. Dev. Co., 772 A.2d 172 (Del.2001) (statutory construction guides focus on common sense of list)
- Dole v. United Steelworkers of America, 494 U.S. 26 (Supreme Court 1990) (interpretation of general terms following specific list)
- Eliason v. Englehart, 733 A.2d 946 (Del.1999) (principles of statutory interpretation referenced)