CHAPTER 106

STATE BOARD OF EXAMINERS IN OPTOMETRY

AN ACT TO AMEND CHAPTER 31 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO THE DELAWARE STATE BOARD OF EXAMINERS IN OPTOMETRY.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 31 of the Revised Code of Delaware, 1935, as amended, shall be and is hereby further amended by striking out all of 1003. Sec. 2. thereof and enacting in lieu thereof a new 1003. Sec. 2., as follows, to-wit:

1003. Sec. 2. PRACTICE OF OPTOMETRY; DEFINITION OF:--The practice of optometry for the purpose of this Act is hereby defined as follows, viz: to be the diagnosis and/or the examination of the human eye and its appendages, and the employment of any objective or subjective means or methods for the purpose of determining the refractive powers of the human eyes and/or any visual, muscular or anatomical anomalies of the human eyes and their appendages, or any ocular deficiency, and the prescribing and application of lenses, prisms, contact lenses, orthoptics (visual training), or any physical, mechanical or psycho-visual therapy for the correction, remedy or relief of any insufficiencies or abnormal conditions of the human eyes and their appendages. Providing further that any person shall be deemed to be practicing the profession of optometry who holds himself or herself out as being able to do so, or who opens for practice or operates, conducts or manages an office, in the State of Delaware, either directly or indirectly, where optometric practice is carried on with the intent of receiving therefrom, either directly or indirectly, any money, gift or any form of compensation which might result from any part of the practice of optometry as herein defined, or who shall use the title of Doctor of Optometry (0.D.), or any other letters or title in connection with his or her name, which in any way may convey the impression that he or she is engaged in the practice of optometry.

Section 2. That Chapter 31 of the Revised Code of Delaware, 1935, as amended, shall be and is hereby further amended by striking out all of 1006. Sec. 5. thereof and enacting in lieu thereof a new 1006. Sec. 5. as follows, to-wit:

1006. Sec. 5--OPTOMETRISTS' QUALIFICATIONS; REGISTRATION OF; FEES:--Every person before beginning to practice Optometry in this State, after the passage of this Act, must be at least twenty-one years of age, of good moral character, must have had a preliminary education of at least four years of high school or the equivalent from a state department of public education, or from a first class university entrance examination and have completed at least one year pre-optometry in a recognized college or university, (provided however that this pre-optometry requirement is not to affect any persons attending a school of optometry at the time of the passage of this Act), and have graduated from a school or college approved by the Board of Examiners which maintains a course of optometry of at least four years of not less than thirty-two months of residence work in optometry, and shall pass an examination before said Board of Examiners to determine his or her qualifications. Said examination shall be given at least once each year to new applicants and to those who have previously failed said examination, and shall consist of tests in Practical Optics, Theoretical Optics, Physiological Optics, Theoretical Optometry, Practical Optometry, Orthoptics, Ocular Anatomy, Physiology and Pathology, General Anatomy, General Physiology, Pathology and Hygiene, and such other knowledge as the Board deems essential to the practice of optometry. Any person desiring to be examined by said Board shall file his or her application accompanied by an examination fee of Twenty-five Dollars, and shall appear before said Board at such time and place as said Board may designate. All persons successfully passing such examination shall be registered in the Board Register, which shall be kept by the Secretary of said Board, as licensed to practice optometry, and shall also receive a certificate of such registration, to be signed by the President and Secretary of said Board, which shall be filed as herein provided. If any applicant be

rejected, he or she shall be entitled to be admitted to another examination without further payment, but for all subsequent examinations, he or she shall pay an examination fee of Twenty-five Dollars.

Section 3. That Chapter 31 of the Revised Code of Delaware, 1935, as amended, shall be and is hereby further amended by striking out all of 1014. Sec. 13. thereof and enacting in lieu thereof a new 1014. Sec. 13., as follows, to-wit:

1014. Sec. 13. REVOCATION OF CERTIFICATE; HEARING; CERTIFICATE RE-GRANTED:--Said Board shall have power to revoke any certificate of registration granted by it under this Chapter for the conviction of crime, habitual drunkenness for six months immediately before a charge is made, for gross incompetency or contagious disease, or where any person shall present to the State Board of Optometry any diploma, license or certificate that shall have been secured or issued unlawfully or under fraudulent representations, or upon being found guilty of unprofessional conduct, or upon being found guilty of any of the following unprofessional acts: advertising, either by way of newspapers, posters, window displays of frames and mountings or any other means not in keeping with accepted professional standards; to have on his professional sign anything other than name, address, office hours, the title optometrist and specialty; to practice in a merchandising store; to display a neon sign or decal eye, or to have the letters on his sign or window exceed six inches if they are above the street level or exceed four inches if they are on the street level; provided, that before any certificate shall be so revoked, the holder thereof shall have notice in writing of the charges against him, and a day specified in said notice, at least five days after the service thereof, be given a public hearing and have opportunity to produce testimony in his behalf and confront the witnesses against him. Any person whose certificate has been so revoked, may, after the expiration of ninety days, apply to have the same regranted to him, upon a satisfactory showing that the disqualification has ceased.

Section 5. That Chapter 31 of the Revised Code of Delaware, 1935, as amended, shall be and is hereby further amended by adding the following Sections:

Section. 17. INTERNSHIP:--Every applicant after complying with all the requirements of this Act and after satisfactorily passing the written examinations in optometry shall before receiving the prescribed practical examinations and certificate to practice optometry, be required to spend an internship in optometry for a period of six months; said internship to be approved by the said Board.

Section 18. VALIDITY:--In case for any reason any paragraph of any provision of Chapter 31 of the Revised Code of Delaware, 1935, as amended, shall be questioned in any court of last resort, and shall be held by such court to be unconstitutional or invalid, the same shall not be held to affect any other paragraph of any provision of this Chapter.

All Acts or parts of Acts inconsistent with the provisions of this Act, be and the same are hereby repealed.

Approved May 20, 1949.