2016 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 21. OPTOMETRY
§ 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 or regulation shall implement or clarify a specific section of this chapter.

(2) Designate the application form to be used by all applicants and to process all applications.

(3) Designate the written, standardized, national examination, approved by the Division of Professional Regulation, to be taken by all persons applying for licensure; applicants who qualify for licensure by reciprocity shall have achieved a passing score on the designated national examination.

(4) The Board shall adopt the administration, grading procedures and passing score set by the national board or of a comparable alternative national or regional examination, if a national examination is not available.

(5) Establish minimum education, training and experience requirements for licensure as optometrists.

(6) Evaluate the credentials of all persons applying for a licensure to practice optometry in Delaware in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.

(7) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure and/or renewal of licenses.

(8) Establish by rule and regulation continuing education standards required for license renewal.

(9) Evaluate certified records to determine whether an applicant for licensure who has been previously licensed, certified or registered in another jurisdiction to practice optometry has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicants for such acts or offenses.

(10) Refer all complaints from licensees and the public concerning licensed optometrists or concerning practices of the Board or of the profession to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.

(11) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, Chapter 101 of Title 29 and § 8735 of Title 29. Where such provisions conflict with this chapter, this chapter shall govern. The Board shall determine whether or not an optometrist shall be subject to a disciplinary hearing, and if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29].

(12) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed.

(b) The Board of Optometry shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of optometry.

37 Del. Laws, c. 69, § 2; Code 1915, § 895A; Code 1935, § 1005; 24 Del. C. 1953, § 2104; 66 Del. Laws, c. 1, § 1; 70 Del. Laws, c. 546, § 12; 75 Del. Laws, c. 436, § 20.;