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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2017

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24 DE Admin. Code 2100
On April 1, 2016, the Delaware Board of Examiners in Optometry pursuant to 24 Del.C. §2104(a)(1), proposed to revise its regulations in order to clarify and provide more detailed information regarding the use of telehealth services for the provision of optometry services. This notice further indicated that written comments would be accepted by the Board for thirty days, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations on May 1, 2016 and two Delaware newspapers, a public hearing was held on May 26, 2016 at a meeting of the Delaware Board of Examiners in Optometry to receive verbal comments regarding the Board's proposed amendments to its regulations.
Board Exhibit 1 - Affidavit of publication of the public hearing notice in the News Journal;
Board Exhibit 2 - Affidavit of publication of the public hearing notice in the Delaware State News;
Board Exhibit 3 - May 26, 2016 correspondence from Michael Kurliand, Director of Telehealth at Nemours Alfred I DuPont Hospital for Children requesting the Board change proposed Regulation 9.2.4.4 in order to expand the type of optometric practice that may be performed through telehealth.
Pursuant to 29 Del.C. §10118, the public was given notice and an opportunity to provide the Board with comments in writing and by testimony at the public hearing on the proposed amendments to the Board's regulations. Pursuant to 24 Del.C. §2104(a)(1) the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.
IT IS SO ORDERED this 23 day of February, 2017 by the Delaware Board of Examiners in Optometry.
2.1.4 For purposes of this Section and 29 Del.C. §2110, the term “duration” shall be defined as “a period of no less than six (6) months and no greater than the period ending on the date of the next Board meeting following the end of the six (6) month period.” No intern may practice on a temporary license beyond the duration of the internship.
2.4 All acts that constitute the practice of optometry under 24 Del.C. §2101(a) may be performed by the intern only under the following conditions:
2.5 A violation of any of the conditions enumerated in this rule may be grounds for the Board to revoke its approval of an internship program. The Board may also revoke its approval of an internship program if it determines that either the supervising optometrist or the intern has engaged in any conduct described by 24 Del.C. §2113(a). Furthermore, any violation of the terms of this rule by a supervising optometrist who is a licensed optometrist shall be considered unprofessional conduct and a violation of 24 Del.C. §2113(a)(7).
3.3 “Standards of licensure,” as used in 24 Del.C. §2109, shall refer to the qualifications of applicants set forth at §2107.
3.4 The “standards to qualify for ‘therapeutic’ licensing,” as used in 24 Del.C. §2109 with regard to therapeutic reciprocity, shall refer to the standards of diagnostic and therapeutic practice as set forth in 24 Del.C. §2101(b).
3.5.2 He/she has met the requirements of §2108(a) and (b) and Rule 5.0.
5.1 The examination identified in 24 Del.C. §2108(b) is the national examination administered by the National Board of Examiners in Optometry (NBEO) for treatment and management of ocular disease. A copy of the certificate representing passage of the examination must be submitted with the application for therapeutic licensure.
5.3 For applicants currently licensed in Delaware and applicants for reciprocal licensure pursuant to the requirements of §2108, 40 hours of treatment and management of ocular disease training may be accumulated with a therapeutically certified optometrist, a medical doctor, or an osteopathic doctor. Proof of 40 hours of treatment and management of ocular disease training must be submitted in writing by the supervising doctor. If an applicant’s supervisor is a therapeutically certified optometrist practicing in a state other than Delaware, proof of similar therapeutic practice standards in the other state must be submitted.
6.2.25 Failing to honor a patient’s request to forward the patient’s complete prescription and ophthalmic or contact lens specifications to another licensed physician of medicine, osteopathy, optometrist, or a nationally registered contact lens technician working under the direct supervision of an optometrist, ophthalmologist or osteopathic physician, if all financial obligations to the licensee have been satisfied.
6.2.26 Prescribing contact lenses beyond one year from the date the contact lens(es) prescription was finalized. For purposes of this section, a final prescription results when a patient is released to routine follow-up care.
6.2.29 Practicing in a merchandising store or practicing optometry among the public as the agent, employee, or servant of, or in conjunction with, directly or indirectly, any merchandising firm, corporation, lay firm, or unlicensed individual.
6.2.30 Practicing in conjunction with, or as an agent or employee of, an ophthalmic merchandising business (commonly known as “opticians”), directly or indirectly.
6.2.31 Corporations, except those allowed under 8 Del.C. Ch. 6, lay firms, and unlicensed individuals are prohibited from the practice of optometry, directly or indirectly, and from employing, directly or indirectly, registered and licensed optometrists to examine the eyes of their patients. Licensees so employed will be considered guilty of unprofessional conduct and in violation of 24 Del.C. §2113(a)(3) and (6).
8.1.1 Aggravated menacing. 11 Del.C. §602 (b).
8.1.17 Manslaughter. 11 Del.C. §632.
8.1.23 Abortion. 11 Del.C. §651.
8.1.24 Incest. 11 Del.C. §766.
8.1.31 Bestiality. 11 Del.C. §777.
8.1.52 Extortion. 11 Del.C. §846.
8.1.55 Identity theft. 11 Del.C. §854.
8.1.74 Insurance fraud. 11 Del.C. §913.
8.1.93 Bribery. 11 Del.C. §1201.
8.1.96 Official misconduct. 11 Del.C. §1211.
8.1.116 Bribing a juror. 11 Del.C. §1264.
8.1.121 Riot. 11 Del.C. §1302.
8.1.124 Stalking. 11 Del.C. §1312A.
8.1.132 Adulteration. 11 Del.C. §1339.
8.1.133 Prostitution. 11 Del.C. §1342.
8.1.173 Drug paraphernalia. 16 Del.C. §4771 (a) and (b).
8.1.181 Reports, statements and documents. 31 Del.C. §1004(1), (2), (3), (4), (5).
Last Updated: December 31 1969 19:00:00.
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