SPONSOR: Sen. DeLuca
Sens. Marshall, McBride &
Vaughn; Reps. D. Ennis, Quillen,
Reynolds, Ulbrich, Wagner & B.
Ennis
DELAWARE STATE SENATE
140th GENERAL ASSEMBLY
SENATE BILL NO.
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE PRACTICE OF
OPTOMETRY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
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Section 1. Amend §2101(a), Title 24 of the Delaware Code by inserting the words “the
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dispensing of” between the word “including” and the words ‘contact lenses” in the first clause of the third
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sentence of subsection (a).
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Section 2. Further amend §2101(a), Title 24 of the Delaware Code by deleting the semi-colon
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after the words “contact lenses” and inserting the phrase “which must be dispensed in accordance with a
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written, current contact lens prescription from a licensed physician or optometrist, which includes such
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information as the Board shall specify by rule or regulation.”
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Section 3. Further Amend §2101(a), Title 24 of the Delaware Code by inserting before the words
“the determination,” the phrase “the practice of optometry also includes.”
Section 4. Amend §2118(b), Title 24 of the Delaware Code by inserting a comma after the word
“adapting” and deleting the word “or.”.
Section 5. Further amend §2118(b), Title 24 of the Delaware Code by inserting after the words
“measuring for “ the words” “or dispensing.”
Section 6. Amend §2113(a), Title 24 of the Delaware Code by striking the word “or” at the end
of subsection (11) and adding subsections (13) and (14) as follows:
“(13) has engaged in illegal, negligent, or unethical conduct in the practice of optometry; or
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(14) has violated any provision of this chapter or any rule or regulation of the Board.”
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Section 7. Amend §2121, Title 24 of the Delaware Code by striking subsection (d) in its entirety
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and replacing it with a new subsection (d) as follows:
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“(d) In the event that any optometrist licensed in this State fails to meet continuing
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education requirements, his or her license shall lapse, and not be eligible for renewal, at
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the end of the licensing period in which the requirements were not met. The Board may
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provide for hardship exceptions to the continuing education requirements in its rules and
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regulations. Subject to the time period for renewal established pursuant to §2112 of this
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title, the Board shall renew such license upon presentation of satisfactory evidence of
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successful completion of continuing education requirements and upon payment of all fees
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due."
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Section 8. Rules and regulations.
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Rules and regulations of the Board in effect on the date of enactment of this Act shall remain
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valid to the extent they are not inconsistent with this Act.
SYNOPSIS
This Bill includes the dispensing of contact lenses within the scope of the practice of optometry and requires that
contact lenses be dispensed only under a prescription written by a licensed physician or optometrist. It preserves the
existing conditional exemption from licensure for nationally registered contact lens technicians who dispense
contact lenses.
The Bill also add two grounds for imposing discipline on a licensed optometrist. The additional grounds for
discipline (illegal, negligent, or unethical conduct, and violating the licensing statute or a rule or regulation of the
Board of Examiners in Optometry) are common to professional licensing statutes and existed in similar form in an
earlier version of the Board's enabling legislation.
Finally, the Bill would clarify the effect of not meeting continuing education requirements. The current statute
provides for revocation of a license when the required hours are not completed. The proposed change would prevent
renewal of the license at the end of the biennial licensing period unless the required hours have been completed.
The Bill would also expressly allow the Board to establish the terms under which a licensee can receive a hardship
exception to the continuing education requirements.
Author: Sen. DeLuca
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