24 Del. Admin. Code § 2100-6.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 2100-6.0 - Unprofessional Conduct

6.1 Optometrists who commit unprofessional conduct shall be subject to discipline.

6.2 Unprofessional conduct shall include but is not limited to the following:

6.2.1 Performing acts beyond the authorized scope of the level of optometric practice for which the individual is licensed.

6.2.2 Assuming duties and responsibilities within the practice of optometry without adequate preparation, or without maintenance of competency.

6.2.3 Performing new techniques or procedures without education and practice.

6.2.4 Inaccurately and willfully recording, falsifying or altering a patient or agency document record related to patient care, employment, or licensure.

6.2.5 Committing or threatening violence, verbal or physical abuse of patients or co-workers or the public.

6.2.6 Violating professional boundaries of the optometrist-patient relationship including physical, sexual, emotional or financial exploitation of the patient or patient's significant other.

6.2.7 Assigning unlicensed persons to perform the practice of licensed optometrists.

6.2.8 Delegating optometric practice to unqualified persons.

6.2.9 Failing to supervise persons to whom optometric practice has been delegated.

6.2.10 Failing to safeguard a patient's dignity and right to privacy in providing services.

6.2.11 Violating the confidentiality of information concerning a patient.

6.2.12 Failing to take appropriate action to safeguard a patient from incompetent or illegal health care practice.

6.2.13 Practicing optometry when unfit to perform procedures and make decisions in accordance with the license held because of physical or mental impairment or dependence on alcohol or drugs.

6.2.14 Diverting or misappropriating money, drugs, supplies, records or property of an employer, patient, patient agency, or governmental agency.

6.2.15 Practicing optometry with an expired license.

6.2.16 Allowing another person to use the optometrist's license or temporary permit.

6.2.17 Aiding, abetting, or assisting an individual to violate or circumvent any law or duly promulgated rule and regulation intended to guide the conduct of an optometrist or other health care provider.

6.2.18 Committing fraud, misrepresentation or deceit in taking the licensure exam, or in obtaining a license or temporary permit.

6.2.19 Disclosing the contents of the licensing examination or soliciting, accepting or compiling information regarding the examination before, during or after its administration.

6.2.20 Failing to report unprofessional conduct by another licensee.

6.2.21 Practicing or holding oneself out as an optometrist without a current license.

6.2.22 Failing to comply with the requirements for continuing professional education, unless exempt.

6.2.23 Failing to take appropriate action or to follow policies and procedures in the practice situation designed to safeguard the patient.

6.2.24 Failing to comply with the terms and conditions set out in a disciplinary action of the Board.

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 prescription was finalized. For purposes of this section, a final prescription results when a patient is released to routine follow-up care.

6.2.27 Failing to maintain adequate records on each patient for a period of not less than seven years from the date of the most recent service rendered.

6.2.28 Using unethical, misleading or unprofessional advertising methods, including baiting patients to purchase materials in exchange for free or reduced fees for professional services.

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).

6.2.32 Holding oneself out as having superior qualifications or being superior to other optometrists, unless the optometrist is qualified by a specialty board approved by this Board.

6.2.33 No licensee holding an official position in any optometric organization shall use such position for advertising purposes or for self-promotion.

6.2.34 Being Convicted of a crime substantially related to the practice of optometry.

24 Del. Admin. Code § 2100-6.0

19 DE Reg. 204 (9/1/2015)
27 DE Reg. 620 (2/1/2024) (Final)