Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

24 DE Admin. Code 2100
The Delaware Board of Examiners in Optometry, pursuant to 24 Del.C. §2104(a)(1), proposes to revise its regulations. The proposed regulations seek to amend regulations 3, 4, and 5 in order to comply with a 2016 statutory change, and amend regulation 8 in order to reduce the list of crimes substantially related to the practice of 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 and scope of practice set forth at §2101.
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).
3.5.1 He/she demonstrates that the state in which he/she is therapeutically certified The applicant’s license allows for the use and prescription of diagnostic and therapeutic drugs, which is are at least equivalent to that permitted under a Delaware therapeutic optometrist license as set forth in §2101(b), OR.
3.5.2 He/she has met the requirements of §2108(a) and (b) and Rule 5.0.
4.4.1 Attestation may shall be completed electronically if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion may be submitted.
5.1.1 Passage of Tthe examination identified in 24 Del.C. §2108(b) 24 Del.C. §2107(a)(2) 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.
5.1.2 All applicants for therapeutic licensure must be CPR certified CPR certification for both children and adults. All optometrists must keep their CPR certification for both children and adults current.
5.1.3 For applicants currently licensed in Delaware and applicants for reciprocal licensure pursuant to the requirements of §2108, 40 Forty 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.
5.4 5.1.3.1 Applicants must have completed their forty (40) hours of clinical experience within twenty-four (24) months of their initial application for therapeutic licensure. No clinical experience older than 24 months (prior to application) will be accepted for therapeutic certification.
5.52 All newly licensed optometrists shall be required to be therapeutically certified. Their six month internship should be done with a therapeutically certified optometrist, M.D. or D.O. However, if a therapeutically certified optometrist, M.D. or D.O. is not available, the intern may do an internship with a non-therapeutically certified optometrist, provided the intern complete an additional 100 hours of clinical experience in the treatment and management of ocular disease supervised by a therapeutically certified optometrist, M.D. or D.O. during their internship.
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).
8.1.32 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
8.1.43 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
8.1.54 Assault in the third degree. 11 Del.C. §611.
8.1.65 Assault in the second degree. 11 Del.C. §612.
8.1.76 Assault in the first degree. 11 Del.C. §613.
8.1.87 Abuse of a sports official; felony. 11 Del.C. §614.
8.1.98 Assault by abuse or neglect. 11 Del.C. §615.
8.1.109 Terroristic threatening; felony. 11 Del.C. §621.
8.1.1110 Unlawfully administering drugs. 11 Del.C. §625.
8.1.1211 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
8.1.1312 Vehicular assault in the first degree. 11 Del.C. §629.
8.1.1413 Vehicular homicide in the second degree. 11 Del.C. §630.
8.1.1514 Vehicular homicide in the first degree. 11 Del.C. §630A.
8.1.1615 Criminally negligent homicide. 11 Del.C. §631.
8.1.1716 Manslaughter. 11 Del.C. §632.
8.1.1817 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
8.1.1918 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
8.1.2019 Murder in the second degree; class A felony. 11 Del.C. §635.
8.1.2120 Murder in the first degree. 11 Del.C. §636.
8.1.23 Abortion. 11 Del.C. §651.
8.1.2421 Incest. 11 Del.C. §766.
8.1.2522 Unlawful sexual contact in the second degree. 11 Del.C. §768.
8.1.2623 Unlawful sexual contact in the first degree. 11 Del.C. §769.
8.1.2624 Rape in the fourth degree. 11 Del.C. §770.
8.1.2725 Rape in the third degree. 11 Del.C. §771.
8.1.2826 Rape in the second degree. 11 Del.C. §772.
8.1.2927 Rape in the first degree. 11 Del.C. §773.
8.1.3028 Sexual extortion. 11 Del.C. §776774.
8.1.31 Bestiality. 11 Del.C. §777.
8.1.3229 Continuous sexual abuse of a child. 11 Del.C. §778776.
8.1.3330 Dangerous crime against a child. 11 Del.C. §779.
8.1.3431 Female genital mutilation. 11 Del.C. §780.
8.1.3532 Unlawful imprisonment in the first degree. 11 Del.C. §782.
8.1.3633 Kidnapping in the second degree. 11 Del.C. §783.
8.1.3734 Kidnapping in the first degree. 11 Del.C. §783A.
8.1.3835 Arson in the third degree. 11 Del.C. §801.
8.1.3936 Arson in the second degree. 11 Del.C. §802.
8.1.4037 Arson in the first degree. 11 Del.C. §803.
8.1.4238 Burglary in the third degree. 11 Del.C. §824.
8.1.4339 Burglary in the second degree. 11 Del.C. §825.
8.1.4440 Burglary in the first degree. 11 Del.C. §826.
8.1.4541 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828.
8.1.4642 Robbery in the second degree. 11 Del.C. §831.
8.1.4743 Robbery in the first degree. 11 Del.C. §832.
8.1.4844 Carjacking in the second degree. 11 Del.C. §835.
8.1.4945 Carjacking in the first degree. 11 Del.C. §836.
8.1.5046 Shoplifting; felony. 11 Del.C. §840.
8.1.5247 Extortion. 11 Del.C. §846.
8.1.5448 Receiving stolen property; felony. 11 Del.C. §851.
8.1.5549 Identity theft. 11 Del.C. §854.
8.1.5750 Forgery; felony; misdemeanor. 11 Del.C. §861.
8.1.5851 Possession of forgery devices. 11 Del.C. §862.
8.1.5952 Falsifying business records. 11 Del.C. §871.
8.1.6053 Tampering with public records in the second degree. 11 Del.C. §873.
8.1.6154 Tampering with public records in the first degree. 11 Del.C. §876.
8.1.6255 Offering a false instrument for filing. 11 Del.C. §877.
8.1.6356 Issuing a false certificate. 11 Del.C. §878.
8.1.6457 Issuing a bad check; felony. 11 Del.C. §900.
8.1.6558 Unlawful use of credit card; felony. 11 Del.C. §903.
8.1.6659 Reencoder and scanning devices. 11 Del.C. §903A.
8.1.6760 Deceptive business practices. 11 Del.C. §906.
8.1.6861 Criminal impersonation. 11 Del.C. §907.
8.1.6962 Criminal impersonation, accident related. 11 Del.C. §907A.
8.1.7063 Criminal impersonation of a police officer. 11 Del.C. §907B.
8.1.7464 Insurance fraud. 11 Del.C. §913.
8.1.7565 Health care fraud. 11 Del.C. §913A.
8.1.8466 Dealing in children. 11 Del.C. §1100A.
8.1.8567 Abandonment of child. 11 Del.C. §1101.
8.1.8668 Endangering the welfare of a child. 11 Del.C. §1102.
8.1.8769 Endangering the welfare of an incompetent person Crime against a vulnerable adult. 11 Del.C. §1105.
8.1.8870 Sexual exploitation of a child. 11 Del.C. §1108.
8.1.8971 Unlawfully dealing in child pornography. 11 Del.C. §1109.
8.1.9072 Possession of child pornography. 11 Del.C. §1111.
8.1.9173 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112.
8.1.9274 Sexual solicitation of a child. 11 Del.C. §1112A.
8.1.9375 Bribery. 11 Del.C. §1201.
8.1.9476 Receiving a bribe; class E felony. 11 Del.C. §1203.
8.1.9577 Improper influence. 11 Del.C. §1207.
8.1.9678 Official misconduct. 11 Del.C. §1211.
8.1.9779 Perjury in the second degree. 11 Del.C. §1222.
8.1.9880 Perjury in the first degree. 11 Del.C. §1223.
8.1.9981 Making a false written statement. 11 Del.C. §1233.
8.1.10082 Wearing a disguise during the commission of a felony. 11 Del.C. §1239.
8.1.10183 Terroristic threatening of public officials or public servants. 11 Del.C. §1240.
8.1.10284 Hindering prosecution. 11 Del.C. §1244.
8.1.10385 Abetting the violation of driver’s license restrictions. 11 Del.C. §1249.
8.1.10586 Offenses against law-enforcement animals. Felony. 11 Del.C. §1250.
8.1.10687 Escape in the second degree. 11 Del.C. §1252.
8.1.10788 Escape after conviction. 11 Del.C. §1253.
8.1.10889 Assault in a detention facility. 11 Del.C. §1254.
8.1.10990 Promoting prison contraband; felony; misdemeanor. 11 Del.C. §1256.
8.1.11291 Bribing a witness. 11 Del.C. §1261.
8.1.11392 Bribe receiving by a witness. 11 Del.C. §1262.
8.1.11493 Tampering with a witness. 11 Del.C. §1263.
8.1.11594 Interfering with child witness. 11 Del.C. §1263A.
8.1.11695 Bribing a juror. 11 Del.C. §1264.
8.1.11796 Bribe receiving by a juror. 11 Del.C. §1265.
8.1.11897 Tampering with a juror. 11 Del.C. §1266.
8.1.11998 Misconduct by a juror. 11 Del.C. §1267.
8.1.12099 Tampering with physical evidence. 11 Del.C. §1269.
8.1.121100 Riot. 11 Del.C. §1302.
8.1.122101 Hate crimes; misdemeanor; felony. 11 Del.C. §1304.
8.1.123102 Aggravated harassment Stalking. 11 Del.C. §1312.
8.1.124103 Stalking. 11 Del.C. §1312A.
8.1.125104 Cruelty to animals; felony. 11 Del.C. §1325.
8.1.126105 Animals; fighting and baiting prohibited; felony. 11 Del.C. §1326.
8.1.127106 Maintaining a dangerous animal; felony. 11 Del.C. §1327.
8.1.130107 Violation of privacy; misdemeanor; felony. 11 Del.C. §1335.
8.1.131108 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.
8.1.132109 Adulteration. 11 Del.C. §1339.
8.1.133110 Prostitution. 11 Del.C. §1342.
8.1.134111 Patronizing a prostitute prohibited. 11 Del.C. §1343.
8.1.135112 Promoting prostitution in the third degree. 11 Del.C. §1351.
8.1.136113 Promoting prostitution in the second degree. 11 Del.C. §1352.
8.1.137114 Promoting prostitution in the first degree. 11 Del.C. §1353.
8.1.138115 Permitting prostitution. 11 Del.C. §1355.
8.1.139116 Carrying a concealed deadly weapon. 11 Del.C. §1442.
8.1.140117 Carrying a concealed dangerous instrument. 11 Del.C. §1443.
8.1.141118 Possessing a destructive weapon. 11 Del.C. §1444.
8.1.142119 Unlawfully dealing with a dangerous weapon. 11 Del.C. §1445.
8.1.143120 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
8.1.144121 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.
8.1.145122 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
8.1.146123 Criminal history record checks for sales of firearms; felony. 11 Del.C. §1448A.
8.1.147124 Wearing body armor during commission of felony. 11 Del.C. §1449.
8.1.148125 Receiving a stolen firearm. 11 Del.C. §1450.
8.1.149126 Theft of a firearm. 11 Del.C. §1451.
8.1.150127 Giving a firearm to person prohibited. 11 Del.C. §1454.
8.1.151128 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
8.1.152129 Unlawfully permitting a minor access to a firearm. 11 Del.C. §1456.
8.1.153130 Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457.
8.1.154131 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458.
8.1.155132 Possession of a weapon with a removed, obliterated or altered serial number. 11 Del.C. §1459.
8.1.157133 Organized Crime and Racketeering. 11 Del.C. §15041503.
8.1.158134 Victim or Witness Intimidation 11 Del.C. §3532 & 3533.
8.1.159135 Abuse, neglect, mistreatment or financial exploitation of residents or patients. 16 Del.C. §1136(a), (b) and (c).
8.1.160136 Prohibited acts A under the Uniform Controlled Substances Act. 16 Del.C. §4751(a), (b) and (c).
8.1.161137 Prohibited acts B under the Uniform Controlled Substances Act. 16 Del.C. Former §4752(a) and (b).
8.1.162138 Unlawful delivery of noncontrolled substance. 16 Del.C. §4752A.
8.1.163139 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).
8.1.164140 Possession and delivery of noncontrolled prescription drug. 16 Del.C. §4754A.
8.1.165141 Prohibited acts E under the Uniform Controlled Substances Act. 16 Del.C. Former §4755(a)(1) and (2).
8.1.166142 Prohibited acts under the Uniform Controlled Substances Act. 16 Del.C. Former §4756(a)(1)-(5) and (b).
8.1.167143 Hypodermic syringe or needle; delivering or possessing; disposal; 16 Del.C. §47574762.
8.1.168144 Keeping drugs in original containers. 16 Del.C. Former §4758.
8.1.169145 Distribution to persons under 21 years of age. 16 Del.C. Former §4761.
8.1.170146 Purchase of drugs from minors. 16 Del.C. §4761A.
8.1.171147 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; penalties; defenses. 16 Del.C. Former §4767.
8.1.172148 Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship. 16 Del.C. Former §4768.
8.1.173149 Drug paraphernalia. 16 Del.C. §4771 (a) and (b).
8.1.174150 Possession, manufacture and sale, delivery to a minor and advertising of drug paraphernalia. 16 Del.C. §4774(a), (b), (c) (d).
8.1.175156 Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; third and fourth offenses. 23 Del.C. §2302(a) and §2305 (3) and (4).
8.1.176157 Attempt to evade or defeat tax. 30 Del.C. §571.
8.1.177158 Failure to collect or pay over tax. 30 Del.C. §572.
8.1.178159 Failure to file return, supply information or pay tax. 30 Del.C. §573.
8.1.180160 Obtaining benefit under false representation. 31 Del.C. §1003.
8.1.181161 Reports, statements and documents. 31 Del.C. §1004(1), (2), (3), (4), (5).
8.1.182162 Kickback schemes and solicitations. 31 Del.C. §1005.
8.1.183163 Conversion of payment. 31 §1006.
8.1.184164 Unlawful possession or manufacture of proof of insurance. 21 Del.C. §2118A.
8.1.197165 Driving a vehicle while under the influence or with a prohibited alcohol content. 21 Del.C. §4177 (3) and (4).
8.1.214 Unauthorized Acts against a Service Guide or Seeing Eye Dog. 7 Del.C. §1717.
8.1.222166 Aggravated Act of Intimidation. 11 Del.C. §3533.
8.1.223167 Attempt to Intimidate. 11 Del.C. §3534.
8.1.229168 Alteration, Theft or Destruction of Will. 12 Del.C. §210.
8.1.230169 Violation of reporting requirements involving abuse under §903. 16 Del.C. §914.
8.1.231170Coercion or intimidation involving health-care decisions and falsification, destruction of a document to create a false impression that measures to prolong life have been authorized. 16 Del.C. §2513(a) and (b).
8.1.233171 Operation of a Vessel or Boat while under the Influence of Intoxicating Liquor and/or Drugs. 23 Del.C. §2302 (3) and (4).
8.1.237172 [Interference] Relating to the Blind and “Seeing Eye Dogs”. 31 Del.C. §2117.
8.1.238173 Abuse, neglect, exploitation or mistreatment of infirm adult. 31 Del.C. §3913(a), (b) and (c).
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov