Delaware: Ownership and Oversight
FPA after 2 years + 4,000 hours under a collaborative agreement. Delaware grants full practice authority through a conventional dual-threshold transition: two years and 4,000 hours in the role and population focus under a collaborative agreement, after which the APRN practices and prescribes independently.
Who the Statute Actually Covers
- The transition (24 Del. C. ch. 19; Board of Nursing rules): a newly licensed APRN practices under a collaborative agreement (with a physician, practice group, or health care system) for at least 2 years AND 4,000 hours of full-time practice in the applicable role and population focus; on completion, the APRN qualifies for independent full practice authority, including full prescriptive authority (Schedules II–V with DEA registration), under Board of Nursing jurisdiction with committee review mechanics for the transition.
- Both numbers must clear: like Vermont, Delaware's threshold is conjunctive — part-time APRNs can hit 24 months well before 4,000 hours; track both.
- PA framework (24 Del. C. ch. 17): PAs practice pursuant to collaborative agreements with supervising/collaborating physicians under the Board of Medical Licensure and Discipline; mechanics practice-level; verify current agreement content when drafting.
1. Who Can Own What
| Entity / Path | Who May Own | Key Limits |
|---|---|---|
| Professional entities | Licensee-owned professional service corporations/LLCs under Delaware entity statutes. | Verify combinations with Delaware counsel. |
| NP-owned practice | Fully viable after the 2-year/4,000-hour transition; during it, the collaborative agreement can sit with a physician, group, or system, which makes employed on-ramps easy. | — |
| PA path | Collaborative agreements; no ownership lane into medical entities. | — |
| Lay / MSO | Standard structuring; Delaware's corporate sophistication does not change the professional-entity licensee-ownership rules. | — |
2. Collaborative and Supervisory Oversight
| Role | Agreement Required | Oversight Mechanics | Path to Independence |
|---|---|---|---|
| PA | Collaborative agreement with physician oversight per Board of Medical Licensure and Discipline rules. | Verify current agreement requirements and any limits. | None formalized. |
| NP / APRN | Collaborative agreement for the first 2 years AND 4,000 hours in the role and population focus; then independent practice and prescribing (II–V with DEA). | No ratios or chart percentages in the FPA framework; agreement mechanics are relationship-defined during transition. | Yes: 2 years + 4,000 hours, both required. |
3. Primary Authorities
- 24 Del. C. ch. 19 (APRN practice; collaborative agreement transition; full practice authority); Delaware Board of Nursing rules.
- 24 Del. C. ch. 17 (physician assistants).
Practical read: Delaware is a clean dual-threshold state with one drafting convenience worth using — the collaborative agreement can run to a practice group or health system rather than a named physician, which removes single-collaborator fragility. For entity-formation clients already incorporating in Delaware, remember Delaware the corporate haven and Delaware the professional-licensure state are two different regimes; the second still requires licensee-owned professional entities.
General education, not legal advice. Verify current statutes, board rules, and opinions before relying on this summary.