§ 2100. Objectives. The primary objective of the Board of Examiners in Optometry, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or […]
§ 2101. Definition of practice of optometry. (a) “Practice of optometry” means the examination or measurement by any subjective or objective means including automated or testing devices for the diagnosis, treatment, and prevention of conditions of the human eye, lid, adnexa, and visual system as outlined below. (1) “Practice of optometry” includes all of the […]
§ 2102. Board of Examiners in Optometry; appointment; qualifications; terms of office; vacancies; suspension or removal; unexcused absences; compensation. (a) The Delaware State Board of Examiners in Optometry, heretofore established and hereafter in this chapter referred to as the “Board,” shall carry out and enforce this chapter. (b) The Board shall consist of 5 members […]
§ 2103. Organization; meetings; officers; quorum. (a) The Board shall hold a regularly scheduled business meeting at least once in each year and at such times as the President deems necessary or at the request of a majority of the Board members. (b) The Board shall elect annually a President and Secretary. Each officer shall […]
§ 2104. Powers and duties. (a) The Board of Examiners in Optometry shall have authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29] of this State. Each rule […]
§ 2105. Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service on behalf of the Board. There shall be a […]
§ 2106. License required. (a) No person shall engage in the practice of optometry or hold himself or herself out to the public in this State as being qualified to practice optometry or use in connection with that person’s name, or otherwise assume or use, any title or description conveying or tending to convey the […]
§ 2107. Qualifications of applicant; report to Attorney General; judicial review [Effective Jan. 1, 2023]. (a) An applicant who is applying for licensure as an optometrist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person: (1) Has received a degree of “doctor of optometry” from a legally […]
§ 2107. Qualifications of applicant; report to Attorney General; judicial review [Effective until Jan. 1, 2023]. (a) An applicant who is applying for licensure as an optometrist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person: (1) Has received a degree of “doctor of optometry” from a […]
§ 2109. Reciprocity. The Board shall waive the internship requirement for an applicant holding a valid license to practice optometry issued by another jurisdiction and who has practiced for a minimum of 5 years in such other jurisdiction with standards of licensure which are equal to or greater than those of this chapter and grant […]
§ 2110. Internship requirements; temporary licenses. Every applicant, except those applicants who qualify for licensure by reciprocity, shall be required to complete a Board-approved 6-month internship in optometry. The internship shall be completed after the applicant has passed all parts of the national, written, standardized examination in optometry, which is approved by the Division, including […]
§ 2111. Certification and registration for successful applicants. All persons successfully passing the examinations for licensure as required by the chapter shall be registered in the Board Register, which shall be kept by the Division of Professional Regulation, as licensed to practice optometry and shall also receive an endorsement of such registration. 25 Del. Laws, […]
§ 2112. Issuance and renewal of licenses. The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as an optometrist and who pays the fee established under § 2105 of this title. Each license shall be renewed biennially, in such manner as is determined by the Division […]
§ 2113. Grounds for refusal, revocation or suspension of licenses [Effective Jan. 1, 2023]. (a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 2115 of this title if, after a hearing, the Board finds that the optometrist has: (1) Practiced in a merchandising store; (2) Practiced in […]
§ 2113. Grounds for refusal, revocation or suspension of licenses [Effective until Jan. 1, 2023]. (a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 2115 of this title if, after a hearing, the Board finds that the optometrist has: (1) Practiced in a merchandising store; (2) Practiced […]
§ 2114. Complaints. All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29 and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. When it is determined that an individual is engaging in the practice of […]
§ 2115. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 2113 of this title applies to a practitioner regulated by this chapter: (1) Issue a letter of reprimand; (2) Publicly censure a practitioner; […]
§ 2116. Hearing procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 2115 of this chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in […]
§ 2117. Reinstatement of a suspended license; removal from probationary status. (a) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee or registrant has taken the prescribed corrective actions and otherwise satisfied all […]
§ 2118. Exemptions. (a) Nothing in this chapter shall be construed to prevent the sale and/or application of spectacles in the ordinary course of trade, provided no part of this chapter is violated by this exemption. (b) Those persons having the degree of Doctor of Medicine or Doctor of Osteopathy and licensed to practice medicine […]
