2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2107. Qualifications of applicant; report to Attorney General; judicial review.

§ 2107. Qualifications of applicant; report to Attorney General; judicial review.
(a) An applicant who is applying for licensure as an optometrist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) Has received a degree of “doctor of optometry” from a legally incorporated and accredited optometric college or school which has been approved by the appropriate accrediting body of the American Optometric Association.
(2) Has achieved the passing score on a nationally recognized, written, standardized examination in optometry that includes diagnosis, treatment, and management of ocular disease, approved by the Division of Professional Regulation. The examination in this section must be administered at least once each year.
(3) Has completed a 6-month internship in optometry, which shall be approved by the Board; the Board shall waive the internship when the applicant meets the requirements of § 2109 of this title.
(4) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed as an optometrist.
(5) Possesses current cardio-pulmonary resuscitation (CPR) certification for adults and children.
(6) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense.
(7) Has submitted, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:
a. A report of the applicant's entire criminal history record from the State Bureau of Identification or a statement for the State Bureau of Identification that the State Central Repository contains no such information relating to that person.
b. A report of the applicant's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Optometry shall be the screening point for the receipt of said federal criminal history records.
c. An applicant may not be licensed as an optometrist until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of optometry may not be licensed by the Board unless a waiver is granted pursuant to § 2113(a)(8) of this title.
(b) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, has imposed higher or different standards for that applicant than for other applicants or licensees or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
(d) All individuals licensed to practice optometry in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee's expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2016, at the applicant's expense, fingerprints and other necessary information in order to obtain a criminal background check.
25 Del. Laws, c. 113, §  5;  Code 1915, §  896;  35 Del. Laws, c. 58, §  1;  Code 1935, §  1006;  42 Del. Laws, c. 94, §  1;  47 Del. Laws, c. 106, §  2;  24 Del. C. 1953, §  2107;  53 Del. Laws, c. 108, §  22;  58 Del. Laws, c. 511, §  56;  59 Del. Laws, c. 250, §  4;  60 Del. Laws, c. 460, §  2;  66 Del. Laws, c. 1, §  1;  69 Del. Laws, c. 288, §  3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 546, §  15;  79 Del. Laws, c. 277, §  7;  80 Del. Laws, c. 356, § 1;  83 Del. Laws, c. 433, § 15;