Title 24 — Professions and Occupations

§ 2015A. Binding effect of Compact and other laws. (a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (b) Nothing herein prevents the enforcement of any other law of a mem…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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 …

§ 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…

§ 2601. Objectives of Board. The primary objective of the Examining Board of Physical Therapists and Athletic Trainers, to which all other objectives and purposes are secondary, is to protect the general public (especially those persons who are direct recipients of services regul…

§ 2601C. Physical Therapy Licensure Compact; purpose. (a) The State hereby enters into the Physical Therapy Licensure Compact (“Compact”) as set forth in this chapter. The text of the Compact is as set forth in this chapter. (b) The purpose of this Compact is to facilitate inters…

§ 2602. Definitions. As used in this chapter, unless the content requires otherwise, the following words shall have the following meanings: (1) “Athletic injury” is a musculoskeletal or other acute, nonmusculoskeletal sports-related injury resulting from or limiting participation…

§ 2602C. Definitions. As used in this Compact, and except as otherwise provided, the following definitions apply: (1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on ac…

§ 2603. Examining Board of Physical Therapists and Athletic Trainers — Appointment; vacancies; suspension or removal; unexcused absences; qualifications; term of office; compensation of officers. (a) There is hereby created the State Examining Board of Physical Therapists and Ath…

§ 2603A. Organization; meetings; officers; quorum. (a) The Board shall elect annually from its membership a Chairperson, a Vice-Chairperson, and a Secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. (b) The Bo…

§ 2603B. Records. The Division shall keep a register of all approved applications for licenses under this chapter and complete records relating to meetings of the Board, rosters, changes, and additions to the Board’s rules and regulations, complaints, hearings, and such other mat…

§ 2603C. State participation in the Compact. (a) To participate in the Compact, a state must do all of the following: (1) Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules. (2) Have a mechanism in place for r…

§ 2604. Powers and duties of Board. (a) The Examining Board of Physical Therapists and Athletic Trainers shall have authority to: (1) Adopt rules and regulations, which shall be promulgated in accordance with the requirements of the Administrative Procedures Act, Chapter 101 of T…

§ 2604C. Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall: (1) Hold a license in the licensee’s home state. (2) Have no encumbrance on any state license. (3) Be eligible for a compact privilege in any membe…

§ 2605. License required; exceptions. (a) No person shall practice nor hold oneself out as being able to practice physical therapy or athletic training in this State or act as a physical therapist, physical therapist assistant or athletic trainer in any manner whatsoever whether …

§ 2605C. Active duty military personnel or their spouses. A licensee who is active duty military or is the spouse of an individual who is active duty military may designate 1 of the following as the home state: (1) Home of record. (2) Permanent change of station ( “PCS” ). (3) St…

§ 2606. Qualifications of applicant; foreign-trained applicants; report to Attorney General; judicial review. (a) An applicant who is applying for licensure under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person: (1) Has graduat…

§ 2606C. Adverse actions. (a) A home state shall have exclusive power to impose adverse action against a license issued by the home state. (b) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own …

§ 2607. Issuance and renewal of licenses; inactive status. (a) The Board shall issue a license to each physical therapist applicant, physical therapist assistant applicant, or athletic trainer applicant who satisfies the requirements for licensure set forth in this chapter and ru…

§ 2607C. Establishment of the Physical Therapy Compact Commission. (a) The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission: (1) The Commission is an instrumentality of the Compact states. (2) Venue is proper…

§ 2608. Examination. The Board, in its rules and regulations, shall designate the national examinations for licensure as a physical therapist, physical therapist assistant, or athletic trainer.24 Del. C. 1953, § 2608; 50 Del. Laws, c. 367, § 1; 64 Del. Laws, c. 192, § 1; 67 Del. …

§ 2608C. Data system. (a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) Notwithsta…

§ 2609. Fees. The amount charged for fees imposed under this chapter shall approximate and reasonably reflect costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a…

§ 2609C. Rulemaking. (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (b) If a majority of the…

§ 2610. Reciprocity. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure, in good standing, in another state, …

§ 2610C. Oversight; dispute resolution; enforcement. (a) Oversight. — (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and …

§ 2611. Temporary license. (a) Upon submission of a written application on forms provided by the Board, the Board may issue a temporary license to a person who has applied for licensure under this chapter and who, in the judgment of the Board, is eligible to take the examination …

§ 2611C. Date of implementation of the Physical Therapy Compact Commission and associated rules, withdrawal, and amendment. (a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become …

§ 2612. Practice, referral, and consultation. (a) A licensed physical therapist may enter a case for the purpose of consultation, evaluation or treatment of an individual as it relates to the individual’s need for physical therapy services, with or without a referral by a license…