PMHNP Practice Authority in Delaware: Independence, Physician Agreements and Schedule II
Delaware grants psychiatric nurse practitioners full-practice and prescriptive authority at licensure.
The collaborative-agreement statute was repealed effective August 4, 2021, so no physician agreement or transition-to-practice hours gate stands between a new graduate and independent practice.
APRNs prescribe legend medications including Schedule II-V controlled substances, and no Schedule II limit appears in the sources read: an outpatient Delaware PMHNP can prescribe ADHD stimulants.
Prescribing controlled substances takes a DEA registration plus a biennial registration with the Office of Narcotics and Dangerous Drugs.
The APRN Compact is enacted in Delaware but not yet in effect.
Verify before you rely on this
At a glance
Advanced practice registered nurse (APRN), with role designations C.N.P., C.N.S., C.N.M. and CRNA in Reg.
1900.
The Delaware Board of Nursing, within the Division of Professional Regulation: statute 24 Del. C. ch. 19, board regulations 24 DE Admin.
Code 1900.
Full, per AANP's State Practice Environment map (updated 05/2026).
AANP's label, not a legal category — the legal fact is § 1935(a)(1)'s grant of full-practice and prescriptive authority upon issuance of an APRN license.
None.
No hour or year threshold stands between licensure and full practice; hours rules in Reg.
1900 govern renewal and late or lapsed applicants (Reg.
8.11.3, 8.12.2).
None required: 24 Del. C. § 1936 was repealed in 2021, and the sources read contain no ratio, meeting rule or chart review.
Consultation under § 1935(c) is a professional duty, not a signed agreement.
Prescribable, with no Schedule II-specific limit found: Reg.
8.14.4 authorizes APRNs to prescribe legend medications including Schedule II-V controlled substances.
An outpatient Delaware PMHNP can prescribe Schedule II ADHD stimulants.
Covered by the same Reg.
8.14.4 authority; no day-supply cap appears in the sources read.
Controlled-substance prescribing takes a DEA registration (Reg.
8.14.4.2) and biennial registration with the Office of Narcotics and Dangerous Drugs (Reg.
8.14.4.3).
Enacted (24 Del. C. ch. 19B, 83 Del. Laws c.
110), not in effect anywhere: the compact needs seven enacting states, and five had enacted it as of September 2026 — Delaware, North Dakota, South Dakota, Utah and Wyoming.
The Delaware credential ladder
- Advanced practice registered nurse (APRN)(APRN)Independent
The license the Board of Nursing grants full-practice and prescriptive authority upon issuance (24 Del. C. § 1935(a)(1)); with the collaborative-agreement statute repealed effective August 4, 2021, no physician agreement stands between the APRN and practice.
- APRN registered to prescribe controlled substancesOther
A registration attached to the license, not a separate credential: a DEA registration used on controlled-substance prescriptions (Reg.
8.14.4.2) plus biennial registration with the Office of Narcotics and Dangerous Drugs under 16 Del.C. § 4732(a) (Reg.
8.14.4.3).
Full practice by statute: authority begins with the license
AANP's May 2026 map puts Delaware in its full practice tier; the label is AANP's advocacy classification, and the legal fact behind it is statutory.
The Board of Nursing grants full-practice and prescriptive authority upon the issuance of an APRN license, and § 1935(b)(1) lists what that includes within the APRN's role and population foci: prescribing, procuring, administering, storing, dispensing and furnishing over-the-counter, legend and controlled substances.
Reg.
1900's own definition of full practice authority makes practicing without a collaborative agreement one of its elements.
For a new graduate the practical effect is that authority attaches at licensure — once licensed, no supervised status stands between the APRN and full practice.
Before licensure the Board has an optional supervised route: Reg.
8.10.2 lets the Executive Director issue a temporary permit to practice, under supervision only, to a graduate awaiting certification or accruing the practice hours to sit the certifying examination, for up to 2 years in 3-month periods (Reg.
8.10.4.1).
For what AANP’s full, reduced and restricted tiers mean, see can a PMHNP practice independently?
“The board of nursing grants full-practice and prescriptive authority upon the issuance of an APRN license.”
No transition-to-practice gate: the agreement rule was repealed, not superseded
Delaware has no transition-to-practice gate: § 1936, the collaborative-agreements section, was repealed effective August 4, 2021.
Reg.
1900's remaining hours rules govern later stages, not entry.
Reg.
8.12.2 makes a minimum of 1500 practice hours in the past 5 years or no less than 600 in the past 2 years a condition of maintaining the licence at every renewal — a new graduate meets it at first renewal, and the Board audits compliance (Reg.
8.13); falling short, an APRN may be issued a supervised temporary permit at the Board's discretion (Reg.
8.12.2.2).
Reg.
8.14.1 attaches the same hours to prescriptive authority, pointing short APRNs to § 1918.
Re-entry: never-practiced endorsement applicants more than 2 years past graduation complete a refresher or 24 hours of CE plus 600 supervised hours (Reg.
8.11.3); reinstatement: 2–5 years out, 24 hours of CE (12 pharmacotherapeutics, 12 clinical management); beyond 5 years, 45 hours of pharmacotherapeutics CE in addition to a Board-approved refresher — or 600 hours with a qualified preceptor if none is available — within 1 year before applying (Reg.
8.12.7–8.12.7.3).
“repealed by 83 Del. Laws, c. 111, § 2, effective Aug. 4, 2021.”
Nothing to sign: consultation is a professional duty, not an agreement
There is no agreement to sign, because the statute that required one is gone.
What remains is a duty rather than a contract: § 1935(c) directs APRNs to seek consultation regarding treatment and care of patients as appropriate to patient needs and the APRN's level of expertise and scope of practice, without naming a physician or any documentation.
Reg.
1900's definition of full practice authority lists practicing without a collaborative agreement among its elements, and the sources read contain no ratio, no meeting frequency, no chart-review percentage and no filing with a medical board.
For an associate weighing a Delaware job, the oversight terms to negotiate are the employer's, not the state's.
For who signs these agreements and what they cost, see PMHNP collaborative practice agreements.
“APRNs shall seek consultation regarding treatment and care of patients as appropriate to patient needs and the APRN's level of expertise and scope of practice.”
Schedule II-V prescribable: no stimulant limit, two registrations attached
Board regulation 8.14.4 authorizes APRNs to prescribe, administer and dispense legend medications including Schedule II-V controlled substances, and no Schedule II day-supply or drug-class limit appears in the sources read — an outpatient Delaware PMHNP can prescribe Schedule II ADHD stimulants.
Two registrations attach: the APRN must register with the DEA and use that number on controlled-substance prescriptions (Reg.
8.14.4.2), and must register biennially with the Office of Narcotics and Dangerous Drugs under 16 Del.C. § 4732(a) (Reg.
8.14.4.3).
APRNs may also issue professional samples of legend and Schedule II-V controlled substances (Reg.
8.14.4.4), give verbal prescription orders (Reg.
8.14.4.5), and renew prescriptive authority with the APRN license (Reg.
8.14.9.2).
The same rules implement Delaware's electronic-prescribing requirement (Reg.
8.14.10, under 24 Del.C. § 1927(4)), with written Board waivers of up to 1 year where the licensee issues no more than 50 prescriptions in a calendar year, faces financial hardship, or cannot e-prescribe because of technological limitations outside the practitioner's control.
For the federal DEA rules on prescribing controlled substances by telehealth, see prescribing controlled substances by telehealth.
“APRNs must register biennially with the Office of Narcotics and Dangerous Drugs in accordance with 16 Del.C. §4732(a).”
What the license covers, and the telehealth licensure rule
The statutory powers in § 1935(b) run an entire psychiatric practice: besides prescribing and dispensing, the APRN may plan and initiate a therapeutic regimen with nonpharmacological interventions, order diagnostic and supportive services, diagnose and refer, and sign death certificates; § 1935(d) lets an APRN be designated a primary care provider by an insurer, and § 1935(e) holds the APRN to no lesser standard of care than a physician for the same patient condition or population.
Telehealth carries a licensure rule rather than a practice restriction: any APRN rendering services in person or by electronic means in Delaware must hold an active Delaware RN and APRN license, so an out-of-state PMHNP seeing Delaware patients remotely needs Delaware licensure.
Federally, the DEA registers the PMHNP as a mid-level practitioner (21 CFR 1300.01) — a registration covering only what Delaware allows — and the DEA/HHS telemedicine flexibilities, extended through December 31, 2026, lift no state rule.
For how an FNP moves into psychiatric practice, see FNP to PMHNP.
“Any APRN rendering services in person or by electronic means in Delaware must hold an active Delaware RN and APRN license.”
APRN Compact: enacted in Delaware, not in effect anywhere
Delaware enacted the APRN Compact in 24 Del. C. ch. 19B (83 Del. Laws c.
110), but the chapter is effective only upon fulfillment of that act's § 2, and § 1911B(a) conditions the compact on enactment in 7 party states — first to establish and convene the commission.
As of September 2026, five states had enacted it (Delaware, North Dakota, South Dakota, Utah and Wyoming), so no APRN holds a multistate APRN licence today.
When it takes effect, a multistate licence will require 2,080 hours of practice as an APRN in a role and population focus congruent with the applicant's education and training (§ 1904B(7)).
The Nurse Licensure Compact is an RN compact and gives no nurse practitioner authority in another state: a PMHNP moving to Delaware needs the Delaware licence regardless of where else they hold one.
“This Compact shall come into limited effect at such time as this Compact has been enacted into law in 7 party states for the sole purpose of establishing and convening the Commission to adopt rules relating to its operation.”
Recent changes: no practice-authority change located since 2023
The structural changes predate the 2023–2026 window: the repeal of collaborative agreements effective August 4, 2021 (83 Del. Laws, c.
111, § 2) and the contingent APRN Compact enactment (83 Del. Laws c.
110). § 1935 itself, though, was amended by 83 Del. Laws c.
327 and 84 Del. Laws c.
233, and the sources read record those amendment references without dates or subject matter — so nothing on this page rules out a § 1935 amendment inside the window.
What the sources read support is the narrower finding: no change to the practice-authority or controlled-substance rules was located since 2023.
Legislation moves — confirm current text against the Delaware Code and the Board of Nursing before relying on this page.
What This Page Does — and Doesn’t — Cover
This page summarizes the Delaware statute, rules, board pages and other documents cited above, as read for this state-by-state PMHNP practice authority series, current as of September 2026.
It does not list application forms, fees beyond those cited above, or processing times, and it is not a substitute for the instructions the Delaware Board of Nursing publishes.
Hour totals, exams and supervision rules change by statute and by board rule; for how the PMHNP and psychiatrist roles compare, see PMHNP vs psychiatrist.
Confirm every requirement with the Delaware Board of Nursing before you count hours, register for an exam or apply — and before you take one of the psychiatric nurse practitioner jobs in Delaware that asks for it.
Frequently Asked Questions
Can a PMHNP practice independently in Delaware?
Yes.
The Board of Nursing grants full-practice and prescriptive authority upon issuance of the APRN license (24 Del. C. § 1935(a)(1)), and the collaborative-agreement requirement was repealed effective August 4, 2021.
There is no hours or years transition gate, and AANP classes Delaware as a full-practice state.
The practical prerequisites are paperwork, not physician contracts: an active Delaware RN and APRN license, a DEA registration and the biennial Office of Narcotics and Dangerous Drugs registration.
Confirm current requirements with the Delaware Board of Nursing.
Can a Delaware PMHNP prescribe ADHD stimulants?
Yes, in ordinary outpatient practice.
Board regulation 8.14.4 authorizes APRNs to prescribe, administer and dispense legend medications including Schedule II-V controlled substances, and no Schedule II day-supply or drug-class limit appears in the sources read.
What attaches is registration, not restriction: a DEA registration used on controlled-substance prescriptions and a biennial registration with the Delaware Office of Narcotics and Dangerous Drugs under 16 Del.C. § 4732(a).
Check the current regulation with the Board of Nursing before relying on this page.
Does Delaware still require a collaborative agreement with a physician?
No. The collaborative-agreements statute, 24 Del. C. § 1936, was repealed by 83 Del. Laws, c.
111, § 2, effective Aug.
4, 2021, and the sources read contain no replacement agreement, ratio, meeting rule or chart-review requirement.
Guides that still describe a Delaware collaboration or pre-independence hours requirement predate the repeal.
What remains is a professional duty, not a contract: APRNs shall seek consultation regarding treatment and care of patients as appropriate to patient needs and the APRN's level of expertise and scope of practice (§ 1935(c)).
Does the APRN Compact let me practice in Delaware on another state's license?
Not yet.
Delaware enacted the APRN Compact (24 Del. C. ch. 19B), but it comes into effect only once enacted in seven party states, and as of September 2026 five had — Delaware, North Dakota, South Dakota, Utah and Wyoming.
Until then the licensure rule of § 1935(f) controls: any APRN rendering services in person or by electronic means in Delaware must hold an active Delaware RN and APRN license.
The Nurse Licensure Compact is an RN compact and gives no nurse practitioner authority.
What happens to my Delaware prescriptive authority if I stop practicing?
The hours rules are renewal and re-entry rules, not a transition gate.
Reg.
8.12.2 requires a minimum of 1500 practice hours in the past 5 years or no less than 600 in the past 2 years at every renewal; Reg.
8.14.1 points an APRN short of them to § 1918.
Re-entry: reinstatement after 2–5 years out takes 24 hours of CE (12 pharmacotherapeutics, 12 clinical management); after more than 5 years, 45 hours of pharmacotherapeutics CE plus a Board-approved refresher — or 600 preceptor-supervised hours if none is available — within 1 year before applying (Reg.
8.12.7–8.12.7.3).
Ask the Board which apply to your gap.
More Delaware & Psychiatric Nurse Practitioner Resources
Sources
- 24 Del. C. ch. 19, Nursing — including §§ 1935, 1936 (delcode.delaware.gov) (retrieved 2026-09-24)
- 24 Del. C. ch. 19B, Advanced Practice Registered Nurse Compact (delcode.delaware.gov) (retrieved 2026-09-24)
- 24 DE Admin. Code 1900, Delaware Board of Nursing regulations (regulations.delaware.gov) (retrieved 2026-09-24)
- AANP, State Practice Environment (updated 05/2026) (retrieved 2026-09-24)
- DEA/HHS, Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities (90 FR 61301) (retrieved 2026-09-24)
- 21 CFR 1300.01, mid-level practitioner (eCFR) (retrieved 2026-09-24)
Sourced from the statute, rules, board pages and other documents cited above.
Verified September 2026.
This is career information, not legal or clinical advice — confirm current rules with the Delaware Board of Nursing.