Title 24 — Professions and Occupations
55 chapters · 511 sections in this title.
24 Del. C. § 2100. Objectives.
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§ 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 unsaf…
24 Del. C. § 2101. Definition of practice of optometry.
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§ 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 …
24 Del. C. § 2102. Board of Examiners in Optometry; appointment; qualifications; terms of office; vacancies; suspension or removal; unexcused absences; compensation.
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§ 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 t…
24 Del. C. § 2103. Organization; meetings; officers; quorum.
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§ 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…
24 Del. C. § 2104. Powers and duties.
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§ 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 Administra…
24 Del. C. § 2105. Fees.
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§ 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…
24 Del. C. § 2106. License required.
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§ 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…
24 Del. C. § 2107. Qualifications of applicant; report to Attorney General; judicial review.
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§ 2107. Qualifications of applicant; report to Attorney General; judicial review. (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…
24 Del. C. § 2108. Examinations [Repealed].
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§ 2108. Examinations [Repealed].25 Del. Laws, c. 113, § 5; Code 1915, § 896; 35 Del. Laws, c. 58, § 1; Code 1935, § 1006; 42 Del. Laws, c. 94, § 1; 47 Del. Laws, c. 106, § 2; 24 Del. C. 1953, § 2108; 66 Del. Laws, c. 1, § 1; 69 Del. Laws, c. 288, § 4; 70 Del. Laws, c. 186, § 1; 7…
24 Del. C. § 2109. Reciprocity.
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§ 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 equa…
24 Del. C. § 2110. Internship requirements; temporary licenses.
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§ 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…
24 Del. C. § 2111. Certification and registration for successful applicants.
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§ 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 p…
24 Del. C. § 2112. Issuance and renewal of licenses.
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§ 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 ma…
24 Del. C. § 2113. Grounds for refusal, revocation or suspension of licenses.
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§ 2113. Grounds for refusal, revocation or suspension of licenses. (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 merchandi…
24 Del. C. § 2114. Complaints.
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§ 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 deter…
24 Del. C. § 2115. Disciplinary sanctions.
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§ 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 rep…
24 Del. C. § 2116. Hearing procedures.
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§ 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 co…
24 Del. C. § 2117. Reinstatement of a suspended license; removal from probationary status.
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§ 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 re…
24 Del. C. § 2118. Exemptions.
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§ 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 Do…
24 Del. C. § 2119. Discrimination by state boards between optometrists and ophthalmologists forbidden.
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§ 2119. Discrimination by state boards between optometrists and ophthalmologists forbidden. No state board or commission, created or existing by law, including public schools and other state agencies, in the performance of their duties, shall in any way show any discrimination be…
24 Del. C. § 2120. Penalty.
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§ 2120. Penalty. A person not currently licensed as an optometrist under this chapter, when guilty of engaging in the practice of optometry or using in connection with that person’s name, or otherwise assuming or using any title or description conveying, or tending to convey the …
24 Del. C. § 2121. Continuing education requirements.
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§ 2121. Continuing education requirements. (a), (b) [Repealed.] (c) The Board shall publish in its rules and regulations the guidelines governing acceptable continuing education requirements. (d) In the event that any optometrist licensed in this State fails to meet continuing ed…
24 Del. C. § 2122. Prescription requirements.
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§ 2122. Prescription requirements. (a) No written prescription shall be prescribed if it does not contain the following information clearly written, clearly hand printed, electronically printed, or typed: (1) The name, address and phone number of the prescriber; (2) The name and …
24 Del. C. § 2123. Duty to report conduct that constitutes grounds for discipline or inability to practice.
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§ 2123. Duty to report conduct that constitutes grounds for discipline or inability to practice. (a) Every optometrist to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation, in writing, information that th…